Terms and Conditions
Last updated: July 24, 2024
TERMS AND CONDITIONS OF USE OF THE POCKET PLATFORM | MERCHANTS (Ecuador)
Introduction
This document (hereinafter, the "Terms and Conditions") regulates and governs the access and use that the user makes of the services provided by JELOU S.A. (hereinafter, "JELOU") through its proprietary platform called POCKET (https://jelou.ai) (hereinafter, the "Platform").
The Terms and Conditions shall be applicable to any act or contract executed or entered into between any user and JELOU, and regulate the conditions of use of the Platform.
The Platform allows, through instant chat applications such as WhatsApp, to link one or more virtual wallets to a user or person. The Platform acts as an aggregator of financial services and allows managing wallets, making and receiving payments through linked credit or debit cards. The Platform connects Merchants with Users through channels such as WhatsApp to replace POS machines (point of sale terminals), allowing the Merchant to collect payment for their products or services simply and efficiently.
Actors within the Platform
Establishments / Merchants / Providers: Natural or legal persons who, after successfully passing a selection process, carry out a commercial activity on their own behalf, offer products and services, and manage payment collection through the Platform.
End user: Natural or legal persons who acquire the products and services offered by the Merchants and make payment through the Platform.
I. CONDITIONS OF USE
1. Account management and user obligations
Access and use of the Platform is reserved for Merchants with full legal capacity to contract. The User acknowledges and declares to be authorized to enter into any type of legal act and contract regarding the service that JELOU makes available; guarantees the truthfulness, accuracy and integrity of the information provided and exonerates JELOU from responsibility for falsehood, inaccuracy or omission.
Registration and affiliation of Merchants is done through WhatsApp. The Merchant must maintain an updated valid Taxpayer Registry (RUC) and have legally applicable invoicing mechanisms.
Merchants who acquire Plans will have different forms of access within POCKET through the JELOU applications platform (https://apps.jelou.ai).
The use of the Platform integrates services provided by third parties external to JELOU (see Integrated payment platforms).
Merchants declare their acceptance and respect for the provisions contained in this document on every occasion they use the Platform or register on it. Otherwise, they must refrain from using it.
2. Devices
The use of the registered device to manage payments or collections with the Platform is the complete and exclusive responsibility of the Merchant.
3. Use of the Platform
Merchants commit to using the Platform with honesty, legality, truthfulness, responsibility and respect for JELOU and other users. In particular:
- Not use the Platform to transmit, store, promote or disclose data or content that affects JELOU or other users.
- Not damage or alter the Platform, nor attempt to access restricted information or resources.
- Not introduce or spread computer viruses or other systems capable of causing damage.
- Make adequate, responsible and lawful use of the Platform in accordance with applicable legislation, these Terms and Conditions, morality and good customs.
- Accept as a means of payment any transaction made through the POCKET application, without additional charges.
- Deliver to the User the corresponding invoice and/or sales receipt.
- Perform identity verification processes for Users.
- Consult JELOU personnel for concerns or inconveniences.
- Reject purchases when the User's card does not have sufficient credit limit.
- Refrain from making unauthorized transactions or in favor of third parties other than the Merchant.
- Not share access credentials.
- Not use the Platform for personal transactions unrelated to commercial activity.
- Not execute improper chargebacks.
- Exempt JELOU from responsibility for failures in the telephone network or force majeure events.
- Authorize JELOU to collect usage information to improve the service.
In case of infraction, JELOU may suspend or cancel the account and exercise the corresponding legal actions.
II. SERVICE CHARGES AND PAYMENT RETENTION
Every transaction made through the Platform has a cost for the Merchant and for the end User, according to the contracted plan. JELOU will charge a variable commission detailed in the plans published on its website (Costs).
Merchants must comply with the following regulations to receive the values resulting from their sales:
- Meet the requirements requested according to their commercial activity.
- Have support that backs each operation.
- Upload the necessary documentation until 11:00 a.m. on the payment day.
- Payments will be processed the next business day if the upload is after 11:00 a.m.
- POCKET will not remind the Merchant of their obligation to upload documents.
- JELOU will notify the Merchant if a receipt does not meet parameters.
- Deposits: Mondays and Thursdays until 6:00 p.m. (subject to holidays).
- All payments are made from Banco Guayaquil.
- If the bank account is from another bank, the transaction becomes effective the next business day.
- Commission: 5.5% + 0.35 USD (+VAT) per successful transaction. Declined charges: 0.35 USD + VAT.
JELOU issues the corresponding invoices.
The Merchant must have an active RUC and valid supporting documents (Accepted receipts).
Refunds: 0.35 USD + VAT per operation is deducted.
JELOU guarantees transparency in refunds.
The Merchant handles requests or refunds from their customers (Complaint and return policy).
In case of payment default, JELOU may charge interest and suspend the service.
JELOU may modify costs with prior notice and without transferring ownership of the software.
III. SERVICE GUARANTEES
JELOU does not guarantee the proper use of passwords by Merchants or the availability of external channels.
JELOU does guarantee that cards are processed through secure payment platforms (see integrations).
JELOU does guarantee reasonable authentication and validation mechanisms.
JELOU does not guarantee the correct issuance of invoices by the Merchant or the delivery of offered products or services.
IV. TERMINATION OF SERVICE PROVISION
JELOU may cancel the Merchant's account, without compensation, if any of the following assumptions are verified (enunciative but not limiting list):
- Use of POCKET for obscene material.
- Sale or consumption of illicit substances.
- Financing of illicit activities.
- Non-compliance with these Terms and Conditions.
- Participating in fraud networks.
- Delivery of altered receipts.
V. PERSONAL DATA PROTECTION
Matters relating to the processing of personal data are governed by JELOU's Personal Data Processing Policy.
VI. CONFIDENTIALITY
The User undertakes to maintain absolute confidentiality about JELOU's information.
VII. INTELLECTUAL PROPERTY
All intellectual property rights relating to the services or products offered by JELOU are exclusively owned by it.
VIII. NON-COMPETITION AND UNFAIR PRACTICES
The User is prohibited from engaging in competition or unfair practices to the detriment of JELOU for a period of five (5) years after the end of the use of the Platform.
IX. LIMITATION OF LIABILITY
The Platform is offered as is and JELOU will not be responsible for direct or indirect damages arising from its use.
Links to third-party sites
JELOU does not control and is not responsible for the content of sites operated by third parties.
X. COMMUNICATIONS, CUSTOMER SERVICE, COMPLAINTS AND INQUIRIES
Merchants and/or Users can contact JELOU through:
- Email: soporte.pocket@jelou.ai | operaciones.pocket@jelou.ai
- WhatsApp chat within the Platform.
XI. MODIFICATION OF TERMS AND CONDITIONS
JELOU may modify these Terms and Conditions at any time. Modifications will take effect from their publication on the Platform.
XII. APPLICABLE LEGISLATION
These Terms and Conditions are governed by the legislation of the Republic of Ecuador.
XIII. INDEMNITY
The User undertakes to hold JELOU and its affiliates harmless from any claim arising from the use of the Platform.
XIV. DISPUTE RESOLUTION
Any controversy will be heard by the competent judges of the city of Guayaquil, Ecuador.
XV. GENERAL PROVISIONS
If any provision is declared invalid, the remaining ones will remain in full force.
XVI. ACCEPTANCE AND RATIFICATION
The use of the Platform implies full acceptance of these Terms and Conditions. If you do not accept them, the User must refrain from using the service.
Last updated: July 24, 2024
TERMS AND CONDITIONS OF USE OF THE POCKET PLATFORM | MERCHANTS (Mexico)
Introduction
This document (hereinafter, the "Terms and Conditions") regulates and governs the access and use that the user makes of the services provided by JELOU S.A. (hereinafter, "JELOU") through its proprietary platform called POCKET (https://jelou.ai) (hereinafter, the "Platform").
The Terms and Conditions shall be applicable to any act or contract executed or entered into between any user and JELOU and regulate the conditions of use of the Platform.
The Platform allows, through instant chat applications such as WhatsApp, to link one or more virtual wallets to a user or person. The Platform acts as an aggregator of financial services and allows managing wallets, making and receiving payments through credit or debit cards linked to the registered account. The Platform connects Merchants with Users through channels such as WhatsApp to replace POS dataphones (point of sale terminals), allowing the Merchant to collect payment for their products or services simply and efficiently.
Actors within the Platform
Establishments / Merchants / Providers: Natural or legal persons who, after successfully passing a selection process, carry out a commercial activity on their own behalf, offer products and services, and manage payment collection through the Platform.
End user: Natural or legal persons who acquire the products and services offered by the Merchants and make payment through the Platform.
I. CONDITIONS OF USE
1. Account management and user obligations
Access and use of the Platform is reserved for Merchants with full legal capacity to contract. The User acknowledges and declares to be authorized to enter into any type of legal act and contract regarding the service that JELOU makes available; guarantees the truthfulness, accuracy and integrity of the information provided and exonerates JELOU from responsibility for falsehood, inaccuracy or omission.
Registration and affiliation of Merchants is done through WhatsApp. The Merchant must maintain an updated valid Federal Taxpayer Registry (RFC) and have legally applicable invoicing mechanisms.
Merchants declare their acceptance and respect for the provisions contained in this document whenever they use the Platform or register on it. Otherwise, they must refrain from using it.
2. Devices
The use of the registered device to manage payments or collections with the Platform is the complete and exclusive responsibility of the Merchant.
3. Use of the Platform
Merchants commit to using the Platform with honesty, legality, truthfulness, responsibility and respect for JELOU and other users. In particular:
- Not use the Platform to transmit, store, promote or disclose data or content that affects JELOU or third parties.
- Not damage or alter the Platform, nor attempt to access restricted information or resources.
- Not introduce or spread computer viruses or other systems capable of causing damage.
- Make adequate, responsible and lawful use of the Platform in accordance with applicable legislation, these Terms and Conditions, morality and good customs.
- Accept as a means of payment any transaction made through the POCKET application, without additional charges.
- Inform that the purchase will be charged to the card registered and approved by the User, without additional charges, in accordance with the Federal Consumer Protection Law (LFPC).
- Deliver to the User the corresponding invoice and/or sales receipt.
- Perform identity verification processes for Users.
- Consult JELOU personnel for concerns or inconveniences.
- Reject purchases when the User's card does not have sufficient credit limit.
- Refrain from making unauthorized transactions or in favor of third parties other than the Merchant.
- Not share access credentials.
- Not use the Platform for personal transactions unrelated to commercial activity.
- Not execute improper chargebacks (Chargeback processes).
- Exempt JELOU from responsibility for failures in the telephone network or force majeure events.
- Authorize JELOU to collect usage information to improve the service.
In case of infraction, JELOU may suspend or cancel the account and exercise the corresponding legal actions.
II. SERVICE CHARGES AND PAYMENT RETENTION
Every transaction made through the Platform has a cost for the Merchant and for the end User, according to the contracted plan.
Merchants must comply with the following regulations to receive the values resulting from their sales:
- Meet the requirements requested according to their commercial activity.
- Deposits to bank accounts will be made 3 business days after a successful charge.
- All payments are made through bank transaction from the sending Bank.
- If the bank account is from another entity, the transaction may become effective days later.
- Commission: 3.6% + 4 MXN (+VAT) per successful transaction.
JELOU issues the corresponding invoices.
The Merchant must have an active RFC and valid supporting documents.
Refunds: $xxx + VAT per operation is deducted.
JELOU guarantees transparency in refunds.
The Merchant handles requests or refunds from their customers.
JELOU may modify costs with prior notice and without transferring ownership of the software.
III. SERVICE GUARANTEES
JELOU does not guarantee the proper use of passwords by Merchants or the availability of external channels.
JELOU does guarantee that cards are processed through secure payment platforms (in this case, Stripe).
JELOU does guarantee reasonable authentication and validation mechanisms.
JELOU does not guarantee the correct issuance of invoices by the Merchant or the delivery of offered products or services.
IV. TERMINATION OF SERVICE PROVISION
JELOU may cancel the Merchant's account, without compensation, if any of the following assumptions are verified (enunciative but not limiting list):
- Use of POCKET for obscene material.
- Sale or consumption of illicit substances.
- Financing of illicit activities.
- Non-compliance with these Terms and Conditions.
- Participating in fraud networks.
- Delivery of altered receipts.
V. PERSONAL DATA PROTECTION
Matters relating to the processing of personal data are governed by JELOU's Personal Data Processing Policy.
VI. CONFIDENTIALITY
The User undertakes to maintain absolute confidentiality about JELOU's information.
VII. INTELLECTUAL PROPERTY
All intellectual property rights relating to the services or products offered by JELOU are exclusively owned by it.
VIII. NON-COMPETITION AND UNFAIR PRACTICES
The User is prohibited from engaging in competition or unfair practices to the detriment of JELOU for a period of five (5) years after the end of the use of the Platform.
IX. LIMITATION OF LIABILITY
The Platform is offered as is and JELOU will not be responsible for direct or indirect damages arising from its use.
Links to third-party sites
JELOU does not control and is not responsible for the content of sites operated by third parties.
X. COMMUNICATIONS, CUSTOMER SERVICE, COMPLAINTS AND INQUIRIES
Merchants and/or Users can contact JELOU through:
- Email: soporte.pocket@jelou.ai | operaciones.pocket@jelou.ai
- WhatsApp chat within the Platform.
XI. MODIFICATION OF TERMS AND CONDITIONS
JELOU may modify these Terms and Conditions at any time. Modifications will take effect from their publication on the Platform.
XII. APPLICABLE LEGISLATION
These Terms and Conditions are governed by the applicable legislation indicated in the original document.
XIII. INDEMNITY
The User undertakes to hold JELOU and its affiliates harmless from any claim arising from the use of the Platform.
XIV. DISPUTE RESOLUTION
Any controversy will be heard by the competent judges of Mexico City.
XV. GENERAL PROVISIONS
If any provision is declared invalid, the remaining ones will remain in full force.
XVI. ACCEPTANCE AND RATIFICATION
The use of the Platform implies full acceptance of these Terms and Conditions. If you do not accept them, the User must refrain from using the service.
TERMS AND CONDITIONS OF USE OF THE POCKET PLATFORM | USERS (Ecuador and Mexico)
Scope note: This document unifies the provisions applicable to end Users of Pocket in Ecuador and Mexico. When an article refers to an Ecuadorian or Mexican regulation specifically, it will be indicated in brackets [Ecuador] or [Mexico] as appropriate. Unless expressly indicated, the clauses are common to both countries.
Introduction
This document (hereinafter, the "Terms and Conditions") regulates the access and use that the User makes of the services provided by JELOU S.A. (hereinafter, "JELOU") through its proprietary platform called POCKET (https://jelou.ai) (hereinafter, the "Platform").
The Terms and Conditions shall be applicable to any act or contract executed or entered into between the User and JELOU, and regulate the conditions of use of the Platform.
The Platform allows, through WhatsApp, to link one or more virtual wallets to a User. It functions as an aggregator of financial services, enabling the management of wallets, making payments and receiving services through linked credit or debit cards. The Platform connects Merchants with Users to replace POS machines (point of sale terminals), allowing the Merchant to simply collect payment for their products or services.
Actors within the Platform
Establishments / Merchants: Natural or legal persons who, after a selection process, offer products and services and manage payment collection through the Platform.
End user: Natural or legal persons who acquire the products and services offered by the Merchants and make payment through the Platform.
I. CONDITIONS OF USE
1. Account management and User obligations
The User accepts that any transaction or operation on the Platform implies full understanding and acceptance of these Terms and Conditions.
Important notice: The User acknowledges that payment made with Pocket does not guarantee the delivery or consideration of the good or service. All transactions are managed between the parties independently, exonerating JELOU from any obligation in this regard.
To use the Platform, the User registers through WhatsApp with the requested data. The User is responsible for the confidentiality of their credentials and the truthfulness of the information provided. JELOU reserves the right to validate such data against government sources.
The User declares that the funds used do not come from illicit activities:
- [Ecuador] Comprehensive Organic Criminal Code and Organic Law for the Prevention, Detection and Eradication of the Crime of Money Laundering and Financing of Crimes.
- [Mexico] Federal Criminal Code and Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin (LFPIORPI).
2. Devices
The device registered to manage payments is the exclusive responsibility of the User.
3. Use of the Platform
The User commits to using the Platform with honesty, responsibility and respect for JELOU and third parties. The following are prohibited:
- Transmit or disclose content that affects the reputation of JELOU or other users.
- Introduce viruses or attempt to access restricted information.
In case of infraction, JELOU may suspend or cancel the account and exercise the corresponding legal actions in accordance with applicable legislation.
II. SERVICE CHARGES
The use of certain plans or functionalities may involve costs for the User or for the Merchant, according to the current price table published by JELOU.
III. SERVICE GUARANTEES
JELOU does not guarantee the proper use of passwords by Users or the availability of external channels.
JELOU does guarantee that cards are processed through secure payment platforms (see https://jlu.ai/plataformas-pagos).
JELOU does guarantee multiple authentication factors and reasonable validations.
IV. PRIVACY AND PERSONAL DATA PROTECTION
JELOU processes the User's personal data in accordance with:
- [Ecuador] Organic Law for the Protection of Personal Data (RO Supplement 459, May 26, 2021).
- [Mexico] Federal Law for the Protection of Personal Data Held by Private Parties (LFPDPPP).
The purpose of processing includes: identification, validation, fraud prevention, compliance with legal obligations and statistical analysis.
For more information, consult the Privacy Policy hosted on the Platform.
V. INTELLECTUAL PROPERTY
The User must respect the integrity of the Platform and its intellectual property rights.
VI. LIMITATION OF LIABILITY
JELOU will not be responsible for direct or indirect damages arising from the use or inability to use the Platform.
VII. COMMUNICATIONS, CUSTOMER SERVICE, COMPLAINTS AND INQUIRIES
Users in [Ecuador] may additionally file complaints in accordance with the Organic Law of Consumer Defense.
Users in [Mexico] may go to the Federal Consumer Protection Agency (PROFECO).
VIII. ANTI-BRIBERY
The User commits not to offer improper compensation to JELOU personnel and authorizes compliance verifications.
IX. MODIFICATION OF TERMS AND CONDITIONS
JELOU may modify these Terms and Conditions. Modifications will take effect thirty (30) days after electronic notification.
X. APPLICABLE LEGISLATION
Users in Ecuador: Governed by the laws of the Republic of Ecuador; jurisdiction of the Judges and Courts of the canton of Guayaquil.
Users in Mexico: Governed by the laws of the United Mexican States; jurisdiction of the competent courts of Mexico City.
XI. ACCEPTANCE AND RATIFICATION
The use of the Platform implies full acceptance of these Terms and Conditions. If you do not accept them, the User must refrain from using the service.
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