TERMS OF USE

Last Updated: June 24, 2025

1. Introduction and Definitions

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "You," or "Your") and FP Solutions Inc., a company incorporated under the laws of Panama, with its registered address at Betania, Vía Ricardo J. Alfaro, PH The Century Tower, office three hundred seventeen (317), Panama ("Company," "We," "Us," or "Our"). These Terms govern your access to and use of the 4payments platform, including all features, content, and services such as the issuance of virtual and physical payment cards, account management, and related functionalities (collectively, the "Services").

The Services are provided in collaboration with our licensed partner, [Insert Partner Bank/On-Ramp Provider Name], which handles card issuance and certain payment processing activities. 4payments acts as a technology and service provider facilitating access to these Services.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, KYC/AML Policy, and any additional agreements referenced herein (e.g., Cardholder Agreement). If you do not agree with these Terms, you must immediately cease using the Services.

Definitions:

  • Account: The user account created to access the Services.

  • Card: A virtual or physical payment card issued through the Services.

  • Partner: Our licensed third-party provider(s) responsible for card issuance and/or payment processing.

  • B2B User: A legal entity (business) using the Services.

  • B2C User: An individual using the Services for personal purposes.

2. Eligibility

To use the Services, you represent and warrant that:

  • You are at least 18 years of age and have full legal capacity to enter into these Terms.

  • If you are a B2B User, you are a duly authorized representative of the legal entity, with the power to bind it to these Terms.

  • You are not located in, nor are a resident or entity of, any Restricted Jurisdiction listed in Section 12.

  • You have not been previously suspended or prohibited from using the Services.

  • Your use of the Services complies with all applicable laws and regulations.

The Company reserves the right to request proof of age, identity, or authorization and may deny access to the Services if such proof is not provided or if you do not meet these eligibility criteria.

3. Account Registration and Security

3.1. Creating an Account

To access certain features of the Services, you must register an Account by providing accurate, current, and complete information as requested. You agree to promptly update your Account information to ensure it remains accurate. We reserve the right to suspend or terminate your Account if the provided information is found to be inaccurate, incomplete, or outdated.

3.2. Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including your password, and for restricting access to your Account. You agree to accept responsibility for all activities conducted through your Account. You must notify us immediately at support@4payments.io if you suspect unauthorized access to your Account. The Company is not liable for any losses resulting from unauthorized access due to your failure to secure your Account.

3.3. Personal and Non-Transferable Use

Your Account is for your personal or authorized business use only. You may not transfer, delegate, or share your Account with third parties. For B2B Users, you may designate authorized users (e.g., employees) to access the Services under your Account, provided they comply with these Terms. You remain responsible for all actions taken by such authorized users.

3.4. Single Account Policy

Each User (individual or entity) is permitted to maintain only one Account. Creating multiple Accounts to circumvent limits or restrictions is prohibited and may result in suspension or termination.

4. Description of Services

The Services include, but are not limited to:

  • Issuance of virtual and physical payment cards through our Partner.

  • Account management for card-related transactions (e.g., funding, spending, currency conversion).

  • Access to cryptocurrency-related features, such as funding Accounts with virtual assets, subject to compliance with our KYC/AML Policy.

The Company is not a bank, does not hold a banking license, and does not accept deposits. Funds held in your Account or associated with your Card are managed by our Partner and are not insured by any government deposit insurance scheme. The Company facilitates access to the Services but is not responsible for the financial obligations of the Partner.

5. User Obligations and KYC/AML Compliance

You agree to:

  • Provide accurate and complete information as part of our Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures, including identity documents, proof of address, or business-related documentation (for B2B Users).

  • Promptly respond to any additional requests for information to comply with applicable laws or our policies.

  • Use the Services solely for lawful purposes and in compliance with these Terms.

  • Refrain from engaging in Prohibited Activities listed in Section 13 or operating in Restricted Jurisdictions listed in Section 12.

Failure to comply with KYC/AML requirements may result in suspension, termination, or restriction of your access to the Services.

6. Fees and Payments

6.1. Fees

The Company may charge fees for the use of the Services, including but not limited to card issuance fees, transaction fees, currency conversion fees, and administrative fees. All applicable fees will be disclosed at the time of the transaction or service request and are available on our website at [Insert URL]. By using the Services, you agree to pay all applicable fees.

6.2. Payment Methods

Payments for Services must be made using the payment methods specified by the Company. You authorize us to charge applicable fees to your selected payment method. If a payment is declined, we may suspend or terminate your access to the Services until payment is successfully completed.

6.3. Currency Conversion

Transactions in a currency other than your Card’s base currency will be converted at the exchange rate set by the Partner (e.g., Visa/Mastercard) at the time of processing, plus an applicable conversion fee as disclosed.

6.4. Fee Changes

The Company reserves the right to modify fees at any time, with notice provided via our website or email. Continued use of the Services after such changes constitutes your agreement to the updated fees.

7. Refunds

All payments for Services are non-refundable unless required by applicable law. The Company may, at its sole discretion, consider refund requests submitted in writing to support@4payments.io within seven (7) days of the transaction. Refunds may be denied if the request does not comply with these Terms or is deemed fraudulent.

8. Intellectual Property

All content, trademarks, software, and other materials associated with the Services are owned by or licensed to the Company. You are granted a limited, non-exclusive, non-transferable license to use the Services for their intended purpose. You may not copy, modify, reverse-engineer, or distribute any part of the Services without our prior written consent.

9. Prohibited Activities

You agree not to use the Services for any of the following activities:

  • Fraud, identity theft, or use of stolen payment instruments.

  • Transactions involving illegal goods or services, including but not limited to narcotics, weapons, or counterfeit items.

  • Activities related to money laundering, terrorist financing, or other financial crimes.

  • Operations in or with entities/persons from Restricted Jurisdictions (see Section 12).

  • Use of the Services for Prohibited Categories listed in Section 13.

  • Attempting to bypass restrictions, create multiple Accounts, or provide false information.

  • Sharing or transferring your Account or Card to third parties.

  • Engaging in activities that violate the intellectual property rights of the Company or third parties.

The Company reserves the right to monitor your use of the Services and take action, including suspension or termination, if we suspect any Prohibited Activity.

10. Limitation of Liability

The Services are provided on an "as is" and "as available" basis without warranties of any kind. To the fullest extent permitted by law, the Company, its affiliates, and Partners will not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, data, or funds, arising from:

  • Your use of or inability to use the Services.

  • Delays, errors, or interruptions caused by technical failures, third-party actions, or regulatory restrictions.

  • Unauthorized access to your Account due to your failure to secure credentials.

The Company’s total liability to you will not exceed the fees paid by you for the Services in the six (6) months preceding the claim, except where prohibited by law.

11. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, employees, and Partners from any claims, losses, damages, or expenses (including reasonable legal fees) arising from:

  • Your breach of these Terms.

  • Your violation of applicable laws or third-party rights.

  • Your engagement in Prohibited Activities or use of the Services in Restricted Jurisdictions. For B2B Users, this includes actions taken by your authorized users or employees.

12. Restricted Jurisdictions

The Services are not available to individuals or entities located in, residents of, or incorporated in the following jurisdictions:

  • Afghanistan

  • Belarus

  • Cuba

  • Eritrea

  • Iran

  • Libya

  • North Korea

  • Russia

  • Somalia

  • Sudan

  • Syria

  • United States

This list may be updated at the Company’s discretion, with changes posted on our website. You are responsible for ensuring your use of the Services complies with this restriction.

13. Prohibited Categories for Transactions

Users are prohibited from using the Services for transactions related to the following categories:

  • Cryptocurrency mixing/tumbling services or privacy coins without explicit approval.

  • Adult entertainment or pornography.

  • Arms trading or weapons manufacturing.

  • Casinos, gambling, or gaming services.

  • Illegal drugs or marijuana-related services (even if legal in your jurisdiction).

  • Financial pyramids or unregistered investment schemes.

  • Mining operations.

  • Stock promotion or speculative trading.

  • Waste management or hazardous materials.

The Company reserves the right to reject or reverse transactions related to these categories and may suspend or terminate your Account.

14. Suspension and Termination

The Company may, at its sole discretion and without prior notice, suspend or terminate your access to the Services for reasons including, but not limited to:

  • Violation of these Terms or other applicable policies.

  • Suspected engagement in Prohibited Activities or transactions in Restricted Jurisdictions.

  • Failure to comply with KYC/AML requirements.

  • Regulatory or legal requirements.

Upon termination, any remaining funds in your Account or Card will be returned to a verified bank account in your name, subject to applicable fees and legal restrictions. You may request termination of your Account by submitting a written request to support@4payments.io, provided all obligations are fulfilled.

15. Changes to the Terms

The Company reserves the right to modify these Terms at any time. Changes will take effect upon posting on our website or notification via email. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

16.1. Governing Law

These Terms are governed by the laws of Panama, excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2. Dispute Resolution

Any disputes arising from these Terms will first be addressed through good-faith negotiations. If unresolved within thirty (30) days, disputes will be submitted to the exclusive jurisdiction of the courts of Panama City, Panama.

17. Miscellaneous

17.1. Force Majeure

The Company is not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, wars, or regulatory actions.

17.2. Entire Agreement

These Terms, along with referenced policies (e.g., Privacy Policy, KYC/AML Policy, Cardholder Agreement), constitute the entire agreement between you and the Company, superseding any prior agreements.

17.3. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.4. No Waiver

Our failure to enforce any right or provision does not constitute a waiver of such right or provision.

17.5. Assignment

The Company may assign its rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our prior written consent.

17.6. Language

These Terms are provided in English. Any translations are for convenience only, and the English version prevails.

18. Contact Information

For questions or support, contact us at:

  • Email: info@4payments.io

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