TERMINAL3 MEXICO (MERCHANT) TERMS OF SERVICE

This Terms of Service (‘Agreement’) is a contract between TERMINAL3, Avenida Bonampak, esq Uxmal MZ 27 LT 01-02, UC79, Cancun, México, its affiliates and subsidiaries (hereinafter referred to as “Terminal3” “we” “us” or “our”) and Publisher (this term shall include all variations including “You” “Yours”, “Your”) and governs Your use of Terminal3 Services. By accessing the Terminal3 Platform or use of the Terminal3 Services, You acknowledge that You accept all of the terms and conditions contained in this Agreement. You should read all of these terms carefully. You agree that these Terms of Service form a binding legal contract between You and Terminal3, including those additional terms and conditions and policies as may be referenced herein.

In addition, when You use any current or future Terminal3 Service You will also be subject to the terms, guidelines and conditions applicable to that particular Service, which shall automatically become a part of this Agreement. This Agreement constitutes an electronic record within the meaning as provided under the Applicable Law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This Agreement shall also include:

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

WHAT WE DO

Terminal3 provides an application programming interface and supporting infrastructure that enables You to provide/sell to Terminal3 Your Digital Content and for Terminal3 to resell such Digital Content to End Users, making Terminal3 the seller and the Merchant of Record in each sale for the purpose of End-users and reseller for the purpose of Publisher (the “Terminal3 Service”).

DEFINITIONS

  • Applicable Law: This Agreement is subject to all valid present and future laws, regulations, rules and orders of Governmental Authorities now or hereafter having jurisdiction over the Parties, this Agreement, or the services performed or the facilities utilized under this Agreement.
  • Merchant Account: shall refer to Your Account registered with Terminal3 for availing Terminal3 Services.
  • Corporations: means any third-party payment processor or provider with which Terminal3 has a direct Agreement to provide services, or card networks including Visa, Mastercard, American Express and any ATM or debit network, and the other financial service card organizations.
  • Digital Content/Products: shall refer to any content that exists in the form of digital data including but not limited to games, features, software and other incidental products and services, provided by You, being offered for sale on the Terminal3 Platform.
  • End User: shall refer to the consumer purchasing the digital content on the Terminal3 Platform using Terminal3 Payment Solutions to pay for such e-commerce transactions.
  • Intellectual Property: means all of the following owned by Terminal3, You, Corporations or any third Party, as the case maybe: (a) filed and registered trademarks, service marks, trade names, logos and goodwill associated therewith; (b) patents, patentable inventions, computer programs, source code and software; (c) databases; (d) trade secrets; (e) copyrights in all works, including software programs; and (f) domain names(g) marks, source code, object code, data, works, including but not limited to look & feel, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.
  • Publisher: shall refer to You, the business entity that develops or manufactures or provides for sale the Digital Content/Products including online/offline games, software, etc. to Terminal3.
  • Terminal3 Platform: shall refer to the online digital e-commerce platform and supporting infrastructure provided by Terminal3, including its website, allowing End Users to purchase digital content and services.
  • Merchant of Record: shall mean the arrangement that enables You to provide/sell to Terminal3 Your Digital Content and for Terminal3 to resell such Digital Content to End Users making Terminal3 the seller for the purpose of End-Users.
  • Your Platform: shall refer to the website/application or any other online platform owned and operated by You.
  • Website: refers to our Terminal3 website available at https://www.terminal3.com.

REGISTERING YOUR MERCHANT ACCOUNT

In order to access the Terminal3 Services you will have to create a Merchant Account with Terminal3 (your ‘Account’).

By creating an Account you consent that Terminal3 may store personal information, such as your name, email address, password and other demographic information provided by You, subject to our Privacy Policy. To this extent You warrant that You shall provide true, accurate, current and complete information about yourself. You are responsible for all the activities that occur under Your Account.

You authorize Terminal3, to make any inquiries we consider necessary to validate your identity or verify information provided by You, either directly or through third parties. This may include but is not limited to asking you for further information such as requiring you to confirm your email address or funding instruments, verifying your information against third-party databases or through other sources, and other information that will allow us to reasonably identify You or verify Your Information.

You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to your electronic devices, to prevent unauthorized access to Your Account. Please inform us immediately if You have any reason to believe that your password has become known to anyone else or is being, or is likely to be, used in an unauthorized manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided while registering. You acknowledge and agree that we are not responsible for the use of any personal information that You publicly disclose or share with others. Please carefully select the type of information that You publicly disclose or share with others.

DOCUMENTATION

In order for us to carry out integration, You shall have to provide Terminal3 all the details in respect of Your office locations, their registered addresses and contacts, all “doing business as” (DBA) names used by You, key personnel, ownership structure, a complete list with the detailed description of the Digital Content provided by You and any business strategy to enlarge/reduce the same.

You shall immediately inform Terminal3 in writing of any significant litigation, enforcement action, governmental inquiry, claim, or other fact that relates to the performance of this Agreement, any changes to Your business model (including any change of control and/or constitution), changes to Products and related services sold/provided by you to Us, or of any changes in regulatory requirements to which You are subject.

FOR INQUIRIES

For any inquiries and additional information, you may reach us via email at info@terminal3.com.