These terms and conditions constitute a contract between the USERS of the platform (hereinafter referred to as "User") and SG FINANCIAL TECHNOLOGY S.A. (SG) for the purpose of using the payment processing service through a payment account.
REGISTRATION: Every User who wishes to use the Services must register and accept these Terms and Conditions of Use. To do so, they must complete the registration form with valid data and accurate, precise, and true personal information ("Personal Data").
The User undertakes to update the Personal Data as necessary. SG is not responsible for the accuracy of the Personal Data provided by its Users. Users guarantee and are responsible, in any case, for the truthfulness, accuracy, completeness, validity, and authenticity of the entered Personal Data. All the information and Personal Data entered by the User are considered a sworn statement.
SG reserves the right to request proof and/or additional information in order to verify the information provided by a User regarding Personal Data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.
Likewise, the User gives consent for the intermediary (mutual fund or cooperative or any third-party client of SG providing a platform to the User) to share with SG the personal data that SG requires to comply with Communication A 7328, UIF Resolution 76/2019, and any other subsequent regulations issued by BCRA or the Financial Information Unit that may be applicable.
It is hereby expressly stated that the User authorizes the Obliged Entity to share all the information and documentation contained in their file regarding their identification and the origin and legality of the funds with other obligated entities referred to in Article 20 of Law No. 25,246 or those that may modify, complement, or replace it.
SG reserves the right to reject a registration request or to cancel or suspend, temporarily or permanently, an Account (as defined below), in case of detecting inconsistencies or discrepancies in the information provided by a User or in case of detecting suspicious activities, without such a decision giving rise to any indemnification or compensation rights for the User.
USER ACCOUNT: Upon registration, the User will request the opening of an account on the platform, for which SG will generate a Unique Virtual Key (CVU) linked to the User's Account. The User will access their Account by entering their email address (username) and chosen password or personal key. The User undertakes to keep this information confidential. Therefore, the User will be solely and exclusively responsible for all operations carried out in their Account.
Use of the service on one's own account. The Account is personal, unique, and non-transferable, and its sale, assignment, or transfer is prohibited. The User may not allow or authorize the use of their Account by third parties. The services are only permitted to be used in one's own name and not on behalf of or for the account of third parties.
Purpose. Through their Account, the User will have the possibility to receive and make immediate payments by crediting funds to other CVUs or CBUs. The platform will allow the User to dispose of these funds through the processing of payment requests made by them.
SG is not involved in the obligation that gave rise to the Payment Processing Request. SG will not be responsible for, nor verify, the reasons, amount, or any other circumstance related to said Request, as well as the contracting capacity of the Users and the accuracy of the personal data entered by them. The User will be solely and exclusively responsible for all operations carried out in their Account. The User agrees to immediately notify SG, through appropriate and reliable means, of any unauthorized use of their Account, as well as any access or attempted access by unauthorized third parties. SG will not be held responsible for the misuse of the access key. The User is responsible for any losses that may arise from fraudulent, duplicated, unauthorized, or simply incorrect instructions, as well as for any potential damages that may cause to SG.
The User will be responsible for the payment of any fines, fees, penalties, damages, costs, or claims that are applied to SG as a result of chargebacks related to transactions made by the User.
Provision of Payment Processing Service to Platforms of other Entities. SG states that in the cases of Accounts opened through platforms (Virtual Wallet Applications) corresponding to other entities, to which SG provides the Payment Processing Service, it will be those entities that issue to SG the Request for processing a payment on behalf and for the account of the User. Therefore, the User accepts that SG is not involved and is unaware of the causes that gave rise to said request, and that SG will not be responsible for, nor verify, the reasons, amounts, and/or any other circumstances associated with the payment processing requests received from the developers of the Platforms.
Funds: Credits. Transfers. Withdrawals. In the User's Account, they can only receive money transfers or credits through the tools enabled in the Platform or mobile application.
Funds will be credited to the User's Account. The User will be able to dispose of the credited funds immediately to carry out the operations described in accordance with these Terms and Conditions. It is clarified that the User agrees, accepts, and authorizes the receipt of funds sent by other Users to their Account and the debit of any applicable charges.
Fund withdrawals will be made by transferring to a bank or virtual account indicated by the User, and according to their instructions. For any fund transfer requested by the User, they must pass through the CVU created by SG owned by the User for that purpose. Such transfer will be ordered immediately after the User's request to withdraw the funds is received. The most efficient channels available for fund transfers in the retail payment system will be used to carry out the transfer. Any expenses incurred by the transfer will be borne by the User.
User Declarations. Prohibited Uses. Unavailability of Funds. The User declares that in using the Platform, they will not violate any applicable laws, nor use it for a service, sale, or transmission that is prohibited by law or these Terms and Conditions, and will not engage in any activity that may be considered fraudulent, illegal, or suspicious of being so. The User will not use SG's services to transmit material that constitutes a crime or that may give rise, directly or indirectly, to civil liabilities, or that violates these Terms and Conditions. If SG believes that there is suspicion or indication of the use of the platform for any activity prohibited by law or these Terms and Conditions, it may reject, cancel, or suspend any payment processing, and/or temporarily block access and use of an Account and/or the use or availability of functionalities, and/or permanently cancel an Account. In such a case, the User will be responsible for any damages and losses that may have been caused to SG, its officials, employees, directors, agents, and/or employees, for which SG reserves the right to initiate any legal or extrajudicial actions it deems necessary. The User will be solely and unlimitedly responsible for the damages that their conduct may cause to SG or to other Users of SG's services.
Furthermore, it is strictly prohibited to carry out any operation that may be considered cash advance or loan, as well as depositing funds without a specific purpose. SG will consider, without limitation, cash advance any operation in which it detects that a User adds funds to their Account using credit cards and withdraws those funds; this activity also includes when a User submits a Payment Processing Request in favor of another User who later submits a new Payment Processing Request in their favor, and then requests the withdrawal of such funds.
For security reasons, funds credited to the Account and/or funds in the process of being credited (regardless of the payment method used for the transaction) may remain indefinitely unavailable when, at SG's sole discretion, there are strong suspicions of illegal activities, fraud, excessive number of operations or transactions that may be fraudulent, excessive refund requests and/or chargebacks, or any other act contrary to these Terms and Conditions and/or suspicions of violation of legal provisions for which SG must respond.
SG is not a financial institution. It is expressly stated that SG is not a financial institution and does not provide the User with any banking or exchange service. SG only provides a payment management service on behalf of and for the account of the Users, under the conditions established in the Terms and Conditions of Use of the Payment Processing Service.
Limitation of liability for funds: According to the current regulations of the Central Bank of the Argentine Republic (BCRA), SG is a Payment Service Provider and, as such, is limited to offering payment services and is not authorized by the BCRA to operate as a financial institution under Law No. 21,526. The funds deposited in the SG Virtual Accounts do not constitute deposits in a financial institution and do not have any of the guarantees that such deposits may enjoy according to the applicable regulations on deposits in financial institutions. SG will keep the funds of the Virtual Account in bank accounts of Argentine financial system banks of its choice.
Interests: Funds credited to the Virtual Account do not generate interest, and the User may freely dispose of them to carry out the operations described herein, once they are available in their account and in accordance with the deadlines, mechanisms, and rules determined by SG.
CONFIDENTIALITY: SG will not sell, rent, or trade Users' personal information with other companies. This data will be used to provide the Payment Processing Service. However, SG may share such information with value-added service providers integrated into the site or through links to other websites, to meet Users' needs related to the services provided by SG or as stipulated in the section "PREVENTION OF FRAUDULENT ACTIVITIES AND/OR SCAMS." The User acknowledges and accepts that SG may access the contact list of the mobile device used by the User, and SG may use such information solely to locate phone numbers or email addresses of other Users or potential Users. In turn, the User declares that they have authorization to share such information with SG. Regarding potential Users, SG will not store names, addresses, data, or ID numbers or any information that allows the identification of a person but will be limited to phone numbers and email addresses, and must maintain the confidentiality and security of such data.
SG will not be liable for damages that may arise from the violation of these measures by third parties who use public networks or the Internet to access such information or in cases where there has been negligence or fault on the part of the User.
PERSONAL DATA: The User declares that they are aware of the agreement reached between the Entity to which they are linked/associated and SG, by virtue of which they have requested access to the Platform. Therefore, they give their express consent for the Entity to provide their personal data and any data it has in its records to SG, and expressly authorize the Entity and SG to exchange the necessary data and information to carry out the disposition of funds through this platform, once these Terms and Conditions of Use are accepted. With regard to the identifying data collected and recorded by SG and the Entity, in accordance with the provisions of Law No. 25,326 on Personal Data Protection, particularly Article 6, the User gives their express consent for such data to be used for the consideration of products and/or services that may be offered in the future, as well as for the processing of the respective operations. Disposition 10/2008 DNPDP. "The owner of personal data has the power to exercise the right of access to such data free of charge at intervals not less than six months, unless a legitimate interest is demonstrated for this purpose in accordance with Article 14, paragraph 3 of Law No. 25,326." "LA DIRECCIÓN NACIONAL DE DATOS PERSONALES”, as the Control Body of Law No. 25,326, has the authority to address complaints and claims lodged by those affected in their rights due to non-compliance with the regulations on personal data protection." For these purposes, Article 14 of Law No. 25,326 is transcribed (Right of access): "1. The data subject, upon proof of identity, has the right to request and obtain information about their personal data included in public or private databases intended to provide reports. 2. The responsible party or user must provide the requested information within ten consecutive days of being duly notified. Once this deadline has expired without the request being satisfied, or if the report provided is considered insufficient, the data subject will have the right to take legal action for the protection of personal data or habeas data as provided by this law. 3. The right of access referred to in this article can only be exercised free of charge at intervals not less than six months, unless a legitimate interest is demonstrated for this purpose. 4. The exercise of the right referred to in this article in the case of data of deceased persons shall be the responsibility of their universal successors." SG will make its best efforts to maintain the confidentiality and security referred to in this section, but will not be liable for damages that may arise from the violation of these measures by third parties who use public networks or the Internet to access such information or in cases where there has been negligence or fault on the part of the User.
CONFRONTATION OF PERSONAL DATA WITH RENAPER - INFORMED CONSENT: By means of this document, the User, as the owner of their personal data, gives their consent for SG to verify their personal data against the RENAPER database. This consent for the processing of personal data includes the data included in the National Identity Document (including biometric data such as fingerprint and facial recognition) compared to the information provided by the web service of the REGISTRO NACIONAL DE LAS PERSONAS.
In accordance with the aforementioned, it is stated that the data subject may exercise the rights of access, rectification, and deletion of their data at any time and upon their sole request to RENAPER. Likewise, in compliance with Resolution AAIP No. 14/2018, it is stated that the AGENCIA DE ACCESO A LA INFORMACIÓN PÚBLICA, as the Control Body of Law No. 25,326, has the authority to address complaints and claims lodged by those affected in their rights due to non-compliance with the current regulations on personal data protection.
PREVENTION OF FRAUDULENT ACTIVITIES AND/OR SCAMS: SG is not responsible for the misuse of the platform and may take all the actions stated in the section "User Declarations. Prohibited Uses. Unavailability of Funds" if it detects indications of fraudulent activities and/or any activity that is allegedly illegal or malicious by users, including temporary and/or permanent blocking of funds or account closure. Additionally, SG is a subscriber to collaboration agreements with other financial institutions and/or payment service providers, whereby they commit to providing reciprocal cooperation in order to make timely and effective efforts to detect and prevent fraud, and safeguard their own and their clients' economic interests. Therefore, SG may share information regarding the User and their operations in this entity with other financial institutions and/or Payment Service Providers in response to requests received in the context of reports or claims of alleged fraud or scams and/or any activity indicating a violation of regulations and/or provisions of these terms and conditions, with the User expressing their explicit consent. It is noted that the shared information, according to the aforementioned, will not be used for purposes other than expressly authorized herein.
LIMITATION OF LIABILITY FOR THE SERVICE: SG does not guarantee continuous or uninterrupted access and use of its platform. The system may eventually be unavailable due to technical difficulties or Internet failures in links or tools or due to any other circumstances beyond SG's control. SG will not be responsible for any damages resulting from these difficulties, as well as for any other kind of damages, including indirect, special, or consequential damages experienced by Users, even in the event that such failures affect the amounts to be paid or credited.
INTELLECTUAL PROPERTY: All intellectual and industrial rights to the Site, Codes, development, software, hardware, domain, logos, designs, information, etc., are the property of SG. Under no circumstances shall the User be deemed to have any rights over them.
MODIFICATION OF TERMS AND CONDITIONS: SG may modify these Terms and Conditions of Use at any time. To this end, SG will notify the User by publishing an updated version of the Terms and Conditions on the site, indicating the date of the last modification. All modified terms will come into effect 10 (ten) days after their publication. Within 10 (ten) days following the publication of the introduced modifications, the User must notify via email at consultasyreclamos@sgfintech.com.ar if they do not accept them; in that case, the contractual relationship will be dissolved. Once this period has elapsed, it will be considered that the User accepts the new terms, and the contract will continue to bind both parties. The modified Terms and Conditions of Use will apply to all Payment Processing Requests made after the notification to the User.
ASSIGNMENT: The User may not assign, transfer, delegate, or dispose of the rights or obligations derived from this Agreement, in whole or in part. SG may assign, transfer, delegate, or dispose of the rights or obligations derived from this Agreement or its contractual position, in whole or in part, by notifying the User through a notice on the site, for which the User gives their prior consent to carry out such actions.
TERMINATION: SG and the User may terminate this contract at any time without stating a reason, which will result in the closure of the Account but will not affect the fulfillment of Payment Processing Requests already authorized by the User at the time of notification of termination. In order to exercise this right, it is necessary for the party seeking termination of the contract not to owe any obligations to the other party or third parties involved in the operations.
Either party may terminate the provision of Services without any notice in the event of non-compliance by the counterparty to this contract or to the applicable legislation, reserving the right to claim damages caused by such non-compliance.
It is expressly stated, and the User declares their knowledge that the validity of the CVU is linked to the validity of the contract between the entity to which it is linked and SG. In the event that said contract is terminated or expires for any reason, the CVUs created under it will be closed in accordance with the provisions mentioned in the preceding paragraphs.
DOCUMENTATION: The User expressly opts for the documentation and information related to the Contract to be provided in electronic form. The User may make copies, including in physical form, of the documentation and information provided by SG regarding the Contract. The User irrevocably authorizes SG and/or those designated by SG to record the User's operations related to the services provided and to use such recordings as evidence. For this purpose, the User and SG agree to give evidentiary value to the records issued as a result of approvals or instructions given by the User, in accordance with the applicable legislation.
NOTIFICATIONS: All notifications made to Users at their registered primary email address (electronic special address), through the mobile application, and/or to the User's Account will be valid.
ADDRESSES: SG's address is set at Pueyrredón 870, Rosario, Santa Fe Province. The address provided by the Users for the purpose of Payment Processing Requests is the address registered by the Users with SG.
JURISDICTION AND APPLICABLE LAW: This agreement will be governed in all its points by the laws in force in Argentina. Any dispute arising from this agreement, its existence, validity, interpretation, scope, or compliance will be submitted to the provincial courts of Rosario, Santa Fe Province.