Effective Date: March 20, 2025
These Terms of Service ("Terms") govern your access to and use of the services provided by WhapayInc ("Whapay," "we," "us," or "our"), a Delaware corporation, and its subsidiaries including FCM Payments Solutions S.A.S. (CUIT 30-71689742-3), a licensed Payment Service Provider in Argentina.
Our services are available exclusively to businesses, financial institutions, and other legal entities ("Clients"). By accessing our services, you represent that you are authorized to bind your organization to these Terms and that your organization is duly incorporated and in good standing under applicable law.
Whapay provides cross-border payment infrastructure services, including but not limited to:
Clients agree to:
Fees for services are as set forth in the applicable service agreement between Whapay and the Client. Settlement timelines and currencies are specified in individual service contracts. Whapay reserves the right to modify fee schedules with thirty (30) days' prior written notice.
Whapay operates under the regulatory oversight of the Banco Central de la República Argentina (BCRA) for its Argentine operations through FCM Payments Solutions S.A.S. All services are subject to applicable regulations in each jurisdiction of operation, including but not limited to payment services regulations, anti-money laundering laws, and data protection requirements.
All intellectual property rights in our services, APIs, documentation, and technology remain the exclusive property of WhapayInc. Clients are granted a limited, non-exclusive, non-transferable license to use our services and APIs solely for the purposes set forth in their service agreement.
To the maximum extent permitted by law, Whapay's total liability arising from or related to these Terms shall not exceed the fees paid by the Client during the twelve (12) months preceding the event giving rise to the claim. Whapay shall not be liable for indirect, incidental, special, consequential, or punitive damages.
Whapay may suspend or terminate a Client's access to services immediately if: (a) required by law or regulatory authority; (b) the Client breaches these Terms; (c) suspicious or potentially fraudulent activity is detected; or (d) continued provision of services would expose Whapay to material risk.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any dispute arising from these Terms shall be resolved through binding arbitration in New York, New York, administered by the American Arbitration Association under its Commercial Arbitration Rules.
Whapay reserves the right to modify these Terms at any time. Material changes will be communicated to Clients with at least thirty (30) days' advance notice. Continued use of our services after the effective date of any modification constitutes acceptance of the revised Terms.
For questions regarding these Terms, please contact us at compliance@whapay.com.
WhapayInc
101 W 15th Street
New York, NY 10011
United States