Terms and Condition

Participating institutions

Banco Popular de Puerto Rico


ATH Business®

Terms and Conditions of Use

Actualizados y efectivos a partir del 24 de octubre de 2023

Bienvenido al servicio de ATH Business. Al usar el Servicio aceptas estos Términos y Condiciones de Uso (los “Términos y Condiciones”). ATH Business es un servicio de pagos digitales de Evertec (definido más adelante) ofrecido a través de Banco Popular de Puerto Rico (“BPPR”). ATH Business es un servicio comercial que permite que negocios reciban pagos electrónicos de individuos.

El Servicio permite (1) recibir Pagos de usuarios de ATH Móvil®, (2) generar reembolsos de Pagos recibidos, o (3) recibir donaciones. Debes leer cuidadosamente estos Términos y Condiciones antes de usar el Servicio, ya que constituyen un contrato entre las partes y gobernarán nuestra relación en cuanto a los derechos y obligaciones de cada parte con respecto al Servicio.

Definiciones. Los términos en mayúscula usados en estos Términos y Condiciones tendrán los significados que se le atribuyen a continuación. Referencias a “tu” se refiere a ti como usuario del Servicio. Referencias a “nosotros” y “nuestro” se refieren a BPPR.

  1. App” significa la aplicación de ATH Business para iOS o Android, disponible a través del Apple App Store o Google Play Store, respectivamente.

  2. ath.business” significa la página de Internet del Servicio operada por Evertec, a través de la cual un usuario puede conseguir información del Servicio.

  3. Causa” significa una causa benéfica creada en la Plataforma y autorizada por Evertec para la cual el Organizador recauda fondos.

  4. Contraseña” significa el código secreto que el usuario le asigna a su cuenta de Servicio.

  5. Contrato de Cuentas de Depósito” significa el Contrato de Cuentas de Depósito entre usted y BPPR que gobierna la Cuenta Designada. Estos Términos y Condiciones forman parte de y suplementan el Contrato de Cuentas de Depósito.

  6. Cuenta Designada” significa la cuenta de depósito en BPPR del usuario (i) que éste seleccionó para recibir Pagos a través del Servicio y (ii) que corresponde al negocio que usa el Servicio.

  7. Dispositivo” significa el teléfono móvil o la tableta, iOS o Android, que el usuario utiliza para acceder y usar el Servicio.

  8. Evertec” significa Evertec Group, LLC, una compañía de responsabilidad limitada que opera y es dueña del Servicio y la Red ATH®, con oficinas principales en la Carretera 176 kilómetro 1.3, San Juan, Puerto Rico.

  9. Organizador” significa la persona que crea una Causa a través de la Plataforma en representación de una: (1) compañía sin fines de lucro incorporada bajo las leyes de Puerto Rico y aprobada por el Departamento de Hacienda o (2) entidad no incorporada sin fines de lucro con una cuenta comercial (p. ej.: clubes, clases graduandas y cuentas benéficas).

  10. Pago” significa cualquier transferencia de fondos de un usuario de ATH Móvil a un negocio o entidad registrada en el Servicio para pagar por bienes o servicios, o realizar una donación.

  11. pATH” significa el nombre único que el usuario creó para identificar su negocio en el Servicio.

  12. Plataforma” significa la página de internet “Aportaconathmóvil.com” operada por Evertec, a través del cual los usuarios de ATH Móvil podrán donar fondos a una Causa.

  13. Servicio” significa el servicio de ATH Business.

  14. Tarjeta ATH” significa la tarjeta de débito ATH que corresponde a la Cuenta Designada.

Registro y Descripción del Servicio

Recuerda que, al registrarte al Servicio, estás confirmando que aceptas estar legalmente obligado a cumplir con estos Términos y Condiciones.

Elegibilidad. Para ser elegible a registrarte en el Servicio debes cumplir con los siguientes requisitos:

  • Tener una Cuenta Designada y una Tarjeta ATH emitida por BPPR.

  • Ser el dueño o representante autorizado de la Cuenta Designada.

  • Tener un Dispositivo que:

    • tenga por lo menos 9.3 MB de memoria disponible

    • esté configurado con conectividad de data estándar de Internet para su operador de red (por ejemplo, GPRS, 3G, 4G, 5G o LTE) o tener capacidad de conectividad vía Wi-Fi

    • tenga espacio disponible para recibir mensajes de texto

    • sea compatible con el sistema WPA (Wireless Public Alerting)

  • Tener un correo electrónico con espacio para recibir mensajes.

Elegibilidad Para Ser un Organizador y Crear una Causa. Además de cumplir con los criterios de elegibilidad listados en el párrafo de Elegibilidad, para poder crear una Causa y recibir donaciones a través de la Plataforma el Organizador debe:

  • Aceptar los Términos y Condiciones de uso de Aporta con ATH Móvil disponibles en: Aportaconathmovil.com;

  • Cumplir con los requisitos en la definición de “Organizador”;

  • Usar su pATH para recibir donaciones para la Causa; y

  • Ser validado y aprobado por Evertec para crear la Causa.

Método de Registro. Para registrarte al Servicio, lo primero que debes hacer es bajar la aplicación de ATH Business para iOS o Android, disponible a través del Apple App Store o Google Play Store, respectivamente. La inscripción al Servicio se completa a través del App, siguiendo los pasos allí establecidos. Debes asegurarte de que la información que envías para tu registro, incluyendo tu información personal y bancaria, esté completa y correcta. Deberás crear y mantener solo una (1) cuenta para cada negocio. Puedes registrar una (1) sola Cuenta Designada en tu perfil. Tienes que estar legalmente autorizado a utilizar la Cuenta Designada.

Contraseña y Preguntas de Seguridad. Como parte del registro, se te pedirá que elijas una Contraseña y un código de acceso de cuatro dígitos que necesitarás cada vez que desees acceder el Servicio. También podrás acceder el Servicio mediante reconocimiento facial o huella dactilar (solo si estos métodos están disponibles en tu Dispositivo). Serás responsable de mantener la confidencialidad y seguridad de tu Contraseña y de no revelarla a nadie. Si olvidas tu Contraseña, podrás cambiarla a través del App. Como medida adicional de seguridad, tendrás que escoger y contestar tres (3) preguntas de seguridad para tu cuenta. Las preguntas de seguridad ayudan a verificar si eres la persona que está solicitando acceso a tu cuenta. Para confirmar que eres la persona que está solicitando acceso a tu cuenta de Servicio, enviaremos un código de validación al correo electrónico provisto u otro método de validación de identidad establecido por Evertec. BPPR, Evertec o nuestros representantes, nunca te llamarán para indagar o solicitar tu información de registro o Contraseña o pedirte que la cambies.

Manejo de Información. Para poder registrarte al Servicio, es necesario que sometas cierta información personal y del negocio, que incluirá, pero no necesariamente se limitará a, tu nombre, correo electrónico, número de teléfono, nombre del negocio y número de Tarjeta ATH. Podrás actualizar parte de esta información durante tu uso del Servicio. El manejo de tu información se regirá por estos Términos y Condiciones y por la Política de Privacidad de Evertec disponible en ath.business. Durante tu uso del Servicio, acuerdas someter solamente información que sea verdadera y precisa. Debes mantener actualizada tu información personal y del negocio registrada en el Servicio. Mediante tu aceptación de estos Términos y Condiciones, nos autorizas a compartir con Evertec la información necesaria y requerida sobre ti, como usuario, y/o tu negocio para que Evertec pueda radicar el Formulario 480.6G (titulado “Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos”) ante el Departamento de Hacienda del Gobierno de Puerto Rico.

 

Validación de Registro e Información. Autorizasa BPPR y/o a Evertec a indagar o confirmar, directamente o a través de un tercero, aquella información que sea necesaria para validar tu registro y autenticar tu identidad y Cuenta Designada. Validamos, entre otras cosas: la información del negocio, tu correo electrónico, la dirección física del negocio, los documentos de incorporación del negocio, y/o las licencias o autorizaciones del negocio. Una vez hayas completado tu registro y añadido la Cuenta Designada, recibirás un correo electrónico de confirmación del registro y procederemos con la verificación del comercio. Una vez el comercio sea verificado y aprobado por Evertec, podrás comenzar a utilizar el Servicio inmediatamente.

pATH. Debes seleccionar un nombre único compuesto por letras y números para identificar tu negocio en el Servicio y crear tu “pATH”. Tu pATH debe representar tu negocio o tu identidad con exactitud y veracidad. No puedes seleccionar un pATH que engañe o confunda al público en cuanto a tu negocio o identidad, ni que cree un riesgo indebido de Pagos equivocados o devoluciones. Evertec podrá,a su entera discreción, bloquear y/o borrar el pATH que no cumpla con estos Términos y Condiciones y/o requerirte que modifiques tu pATH. Ejemplos de pATHs aceptables:

Nombre del negocio pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

Al usar el Servicio, le permites a Evertec usar el pATH y nombre de tu negocio para anunciar o promocionar el Servicio, u ofrecer información sobre el Servicio en las páginas de Internet y redes sociales de Evertec. Si en cualquier momento decides que no deseas que Evertec utilice el pATH y/o nombre de tu negocio para estos propósitos, envía un correo electrónico a [email protected] solicitando que el pATH y/o nombre de tu negocio ya no sea utilizado para estos propósitos.

Recibo de Pagos. Podrás recibir un Pago de cualquiera de las siguientes formas:

  • A Través del pATH: El usuario de ATH Móvil podrá entra al App a la sección de “Pagar a un Negocio”, seleccionar el pATH de tu negocio de la lista de pATHs disponibles, entrar la cantidad a ser pagada, y enviar el Pago o utilizar el Código QR del negocio, según aplique.

 

  • A Través del Botón de Pago en la Página de Internet o Aplicación Móvil del Negocio: Si tienes un botón de pago de ATH Móvil o un código QR en la página de Internet o aplicación móvil de tu negocio (de ser aplicable), el usuario de ATH Móvil podrá presionar el botón de pago y completar el Pago desde su aplicación de ATH Móvil. Para más información sobre la integración de ATH Móvil como un método de Pago en la página de Internet o en la aplicación móvil de tu negocio, favor ver la sección titulada “Términos Para el Uso del API” abajo.

 

  • A Través del Código QR: Si tu negocio acepta Pagos a través de ATH Móvil en los terminales de puntos de venta, el usuario de ATH Móvil podrá entra al App, seleccionar el botón para escanear códigos QR, escanear el código QR que aparece en el terminal punto de venta (POS) del negocio y enviar el Pago.

Donaciones. El Servicio permite aceptar donaciones a través del App y de la Plataforma. Evertec le requerirá a los usuarios interesados en recibir donaciones evidencia de su estatus como entidad sin fines de lucro aprobada por el Departamento de Hacienda como requisito para poder recibir donaciones a través del Servicio. Además, Evertec le solicitará a los usuarios que soliciten cualificar como un Organizador cierta información para el proceso de registro. Las donaciones realizadas a través del Servicio o la Plataforma serán depositadas en la Cuenta Designada.

Reconoces y aceptas que no hacemos ninguna garantía o promesa de que recibirás donaciones como resultado de tu registro en el Servicio, ya sea a través del App o de la Plataforma. El usuario será responsable por cualquier obligación tributaria que surja a raíz de la donación recibida. Se prohíbe el imponerle a un usuario de ATH Móvil un cargo por la devolución de un Pago, incluyendo una donación.

El Organizador autoriza a Evertec a proveerle a los usuarios información sobre su Causa.

Reembolsos de Pagos. En el caso de que un usuario de ATH Móvil tenga derecho a un reembolso u otro ajuste en relación con su compra realizada en tu negocio a través del Servicio, podrás autorizar un crédito a su cuenta directamente desde el App. Deberás cooperar de buena fe con el usuario de ATH Móvil que tenga derecho a un reembolso u otro ajuste. Podrás: (1) reembolsar la cantidad completa originalmente enviada por el usuario, (2) reembolsar una cantidad menor, o (3) realizar varios reembolsos hasta completar la cantidad enviada originalmente.

Invalidación o Reversión de Pagos. Cualquier Pago, ya sea a través del App o de la Plataforma, podrá ser invalidado y revertido por BPPR o Evertec si, entre otras razones, la transacción es rechazada o revocada, fue enviada por error del Servicio, no fue autorizada, o está relacionada a actividades prohibidas conforme a estos Términos y Condiciones, los Términos y Condiciones de uso de Aporta con ATH Móvil, el Contrato de Cuentas de Deposito o la ley aplicable. Usted autoriza a BPPR a debitar la Cuenta Designada por transacciones de reverso de cargos o rechazos que pudieran ocurrir por cualquier razón, incluyendo el manejo de reclamaciones cubiertas bajo el Reglamento E de la Reserva Federal, según enmendado.

Débitos a la Cuenta Designada. Los Pagos, débitos, créditos o cargos relacionados al Servicio serán procesados a través de la Cuenta Designada. BPPR podrá debitar la Cuenta Designada con relación a cualquier otra obligación creada por su uso del Servicio ya se a través de ATH Business o de la Plataforma, incluyendo la resolución de reclamaciones por individuos que realizaron pagos a través del Servicio.

Proceso para Recuperar Acceso. Si ya estás registrado, pero tienes problemas para acceder al Servicio de ATH Business, favor de seguir las instrucciones en la pantalla principal del App o en ath.business en la sección de “Preguntas Frecuentes”. En ambos lugares encontrarás los pasos para cambiar tu Contraseña, recibir un código de validación y recuperar tu acceso al Servicio. Si tienes otras dificultades con el Servicio o al usar ath.business, favor de contactar al Service Desk de ATH Business llamando al 787-773-5466 lunes a viernes, de 7:00am a 9:00pm o enviando un correo electrónico a [email protected].

Reclamaciones. Toda reclamación relacionada a tu Cuenta Designada será atendida por el personal de servicio de ATH Business, llamando al 787-773-5466 o enviando un correo electrónico a [email protected]. Las reclamaciones estarán sujetas a estos Términos y Condiciones y los términos y condiciones de tus acuerdos existentes con nosotros con respecto a la Cuenta Designada, incluyendo, pero sin limitarse al, Contrato de Servicios Bancarios Electrónicos, disponible en https://documents.popular.com/terms/mibanco/terms-conditions-es?redirect=true.

Service Desk. Si tienes otras dificultades accediendo o usando el Servicio o en cuanto a la información publicada en ath.business, favor de contactar al Service Desk de ATH Business llamando al 787-773-5466, lunes a viernes, de 7:00am a 9:00pm, o enviando un correo electrónico a [email protected].

Disponibilidad del Servicio

El Servicio y la Plataforma está generalmente disponible 24/7, los 365 días al año, con la excepción de aquellos períodos de mantenimientos al Servicio y circunstancias fuera de nuestro control, o si estás en un área donde la cubierta móvil o acceso al Internet sea limitada. El usuario puede acceder el Servicio desde el extranjero. Acceder el Servicio o la Plataforma desde el extranjero podría causar cargos exógenos al Servicio, por ejemplo, cargos por servicio de roaming o uso de redes móviles. Dichos cargos pueden variar dependiendo del país. En ciertos casos, acceder el Servicio desde el extranjero podría estar prohibido por ley, reglamento, guía regulatoria o como medida de protección contra fraude cibernético.

Términos para el Uso del API

Tienes la opción de utilizar un código API (“ Application Programming Interface”) provisto, desarrollado y administrado por Evertec. Dicho código API te permitirá integrar ATH Móvil como un método de Pago en la página de Internet o en la aplicación móvil de tu negocio registrado en el Servicio. Encontrarás el código API y la documentación del API (en conjunto, los “Materiales Licenciados”) en https://ath.business/botondepago bajo la sección de “Botón de Pago”. Evertec ofrece el código API libre de costo. Para usar el API, deberás estar registrado en el Servicio y cumplir con estos Términos y Condiciones, incluyendo los Materiales Licenciados, los cuales forman parte de, y se rigen por, estos Términos y Condiciones. En el caso de que un Organizador se haya inscrito para crear una Causa bajo la Plataforma, dicho botón de pago será instalado en su Causa como parte de su registro y fungirá como un método de pago para el recibo de Donaciones.

Licencia. Evertec te otorga una licencia no exclusiva, no transferible, no susceptible de cesión, revocable, para usar los Materiales Licenciados para integrar ATH Móvil como un método de Pago en la página de Internet, en la aplicación móvil de tu negocio o en la Plataforma. Ningún título de propiedad intelectual en los Materiales Licenciados será transferido a ti. Evertec puede fijar o imponer límites a tu uso del API a su entera discreción. Acuerdas aceptar dichas limitaciones (si alguna), estén o no incluidas en los Materiales Licenciados. Debes utilizar el API según establecido en los Materiales Licenciados, los cuales no podrán ser modificados por ti ni por un tercero en representación tuya. Puedes descontinuar tu uso del API en cualquier momento.

Restricciones. Al usar el API, no podrás, y advertirás a terceros actuando en tu representación que no podrán: (1) sublicenciar el API para el uso de un tercero, (2) crear un API que funcione substancialmente igual que el API provisto, (3) interferir con, interrumpir el, API, (4) hacer ingeniería inversa o tratar de extraer el código fuente del API, o (5) usar los Materiales Licenciados para llevar a cabo, apoyar o promocionar cualquier actividad ilícita. Cualquier trabajo derivado o inventado por ti o por tu desarrollador basado en los Materiales Licenciados será propiedad intelectual de Evertec. Si eres asistido por un desarrollador, serás responsable por el cumplimiento de tu desarrollador con estos Términos y Condiciones. Evertec se reserva el derecho de descontinuar el API o cualquier porción o rasgo o tu acceso a los Materiales Licenciados en cualquier momento, sin responsabilidad alguna ni ninguna otra obligación a ti, si BPPR o Evertec cree que estás en violación de estos Términos y Condiciones; en cuyo caso se te notificará sobre dicha terminación enviándote un correo electrónico a la dirección de correo electrónica provista. Al terminar estos Términos o al ser descontinuado tu acceso al API, inmediatamente dejarás de usar el API. Tu uso de los Materiales Licenciados ya sea de forma directa o indirecta por medio de un desarrollador, es bajo el entendimiento que nosotros no te proveeremos soporte técnico, soporte de mantenimiento o servicio al cliente en relación con el uso del API.

Monitoreo del API.Estás de acuerdo en que Evertec podrá monitorear el uso del API para garantizar calidad, mejorar sus servicios, y verificar tu cumplimiento con estos Términos y Condiciones y con la documentación del API. Usarás esfuerzos comercialmente razonables para proteger la información de usuarios que sea recogida por tu página de internet o tu aplicación, incluyendo información de identificación personal, del uso o acceso no autorizado, y serás responsable de notificarle a tus usuarios sobre cualquier acceso o uso no autorizado de dicha información, de acuerdo con la ley aplicable. Al usar el API, Evertec podrá usar la información sometida de acuerdo con su política de privacidad publicada en ath.business. Si provees comentarios o sugerencias sobre el API, Evertec podrá usar dicha información sin ninguna obligación hacia ti.

No Garantía, Límite de Responsabilidad e Indemnización con respecto al uso del API. El API es provisto “TAL CUAL” (“AS IS”) sin garantía de clase alguna. Tu uso del API es completamente voluntario y a tu propio riesgo. Evertec y BPPR negamos toda garantía y no hacemos representación alguna, ni expresa ni tácita, sobre (1) la comerciabilidad o idoneidad del API para cualquier propósito particular; (2) el desempeño del API o su disponibilidad; (3) la condición de título del API; o (4) que el uso del API o el proceso derivado o producido del mismo no infringirá cualquier patente, derecho de autor o los derechos de propiedad intelectual de terceros. Acuerdas que en ningún evento ni Evertec ni BPPR seremos responsables por cualquier daño o pérdida indirecta, especial, consecuente o incidental (incluyendo, pero sin limitarse a, la pérdida de ganancias anticipadas, data, u otro daño comercial), de cualquier tipo, con relación al API y su uso o incapacidad de uso con el Servicio. Además, acuerdas defender e indemnizar a Evertec, a BPPR y a cada uno de nuestros respectivos directores, empleados y representantes, contra obligaciones, pérdidas, costos, honorarios y gastos relacionados a cualquier reclamación, alegación o proceso legal de un tercero, si el mismo surge de: (1) tu uso del API, (2) tu violación de estos Términos y Condiciones, (3) tu incumplimiento con toda ley y regulación aplicable a tu uso del Servicio y a tu negocio, (4) tu violación a los derechos de propiedad intelectual de Evertec o de un tercero, o (5) cualquier contenido o data dirigida hacia o usada con el API por ti o alguien actuando en representación tuya (incluyendo tu desarrollador, si alguno).

Service Desk. Para soporte técnico en la integración del API en la página de Internet o en las aplicaciones móviles de tu negocio, puedes contactar al Service Desk de ATH Business llamando al 787-773-5466, lunes a viernes, de 7:00am a 9:00pm, o enviando un correo electrónico a [email protected].

Contrato de Cuentas de Deposito Comerciales y Otros Acuerdos

Al utilizar el Servicio aceptas y entiendes que:

  • permaneces sujeto a los términos y condiciones de todos los acuerdos existentes con nosotros con respecto a tu Cuenta Designada, incluyendo, el Contrato de Cuentas de Depósito Comerciales y el Contrato de Servicios Bancarios Electrónicos (los “Contratos Originales con BPPR”) y de tus acuerdos existentes con todos los proveedores de servicios no afiliados (por ejemplo: tu proveedor de servicio telefónico o de Internet) (los “Contratos con Proveedores” y en conjunto con los Contratos Originales con BPPR, los “Acuerdos Previos”), y que estos Términos y Condiciones no modifican ni sustituyen los términos y condiciones de los Acuerdos Previos;

  • los Acuerdos Previos podrían establecer cargos, impuestos, limitaciones y restricciones que pueden afectar tu uso del Servicio (por ejemplo: el uso de datos o cargos impuestos por tu proveedor de servicio telefónico o de Internet para tu uso o interacción con el Servicio, para recibir mensajes de texto, o cualquier otro uso de tu Dispositivo al usar el Servicio);

  • serás el único responsable de todos los cargos, impuestos, limitaciones y restricciones aplicables; y

  • solo el proveedor de servicios telefónico o de Internet es responsable de sus productos y servicios y, en consecuencia, te comprometes a resolver cualquier problema de tu Dispositivo directamente con tu proveedor de servicios sin la participación de nosotros, Evertec o cualquiera de nuestros afiliados o proveedores de servicios.

Tus Obligaciones

Tu Información y Autorización Legal. Al utilizar el Servicio a través del App o a través de la Plataforma, aceptas y declaras que: eres el propietario legal o representante autorizado de la Cuenta Designada y toda la información personal y bancaria que proveas al registrarte. Además, representas que la Cuenta Designada corresponde al negocio que usa el Servicio o al Organizador. Manifiestas y aceptas que toda la información que nos proporcionas está correcta, actualizada y completa, y que tienes el derecho de proporcionarnos tal información con el propósito de utilizar el Servicio, ya sea a través del App o de la Plataforma. Te comprometes a no falsificar tu identidad o tu información en la Cuenta Designada y a mantener dicha información actualizada. Además, declaras que eres un usuario autorizado del Dispositivo que usarás para acceder al Servicio.

Seguridad de tu Cuenta de ATH Business. Te comprometes a no dar ni poner a disposición de otras personas tu Contraseña o código de validación u otra información personal o bancaria para acceder al Servicio. Eres responsable de toda transferencia que autorices al usar el Servicio. Si permites que otras personas utilicen tu Contraseña, Dispositivo u otros medios para acceder al Servicio, serás responsable de cualquier transferencia o reembolso que estos autoricen. Si crees que tu Contraseña, Dispositivo u otros medios de acceso al Servicio se han perdido o han sido robados, que alguien puede intentar utilizar el Servicio sin tu consentimiento, o que se ha realizado una transferencia sin tu permiso, debes notificarnos de inmediato llamando al 787-724-3655, disponible los 7 días de la semana, las 24 horas del día.

Conducta del Usuario y Actividades Prohibidas. Te comprometes a utilizar el Servicio para fines lícitos. Te comprometes a no usar el Servicio de una manera que: (1) sea ilegal o viole cualquier ley, estatuto, ordenanza o reglamento aplicable; (2) interfiera o interrumpa las redes de computadoras conectadas al Servicio; (3) interfiera o interrumpa el uso del Servicio por cualquier otro usuario; (4) facilite la entrada o el acceso no autorizado a sistemas informáticos de otros; o (5) aliente conductas que pudieran constituir una ofensa criminal, dar lugar a responsabilidad civil o criminal.

Te comprometes a no utilizar el Servicio para transacciones relacionadas a: (1) narcóticos, esteroides, algunas sustancias controladas o productos que representen un riesgo para la seguridad de los consumidores, (2) parafernalia de drogas, (3) municiones, armas de fuego o algunas piezas o accesorios para armas de fuego o (4) ciertas armas o cuchillas reguladas por ley.

La reventa, arrendamiento, alquiler o distribución del Servicio a terceros está prohibido. Reconoces que las responsabilidades que tengas en cuanto a impuestos u otras leyes y reglamentos aplicables a transacciones bancarias o de Pago seguirán aplicando a los Pagos recibidos a través del Servicio.

Cargos Aplicables. Al utilizar el Servicio a través del App o la Plataforma, aceptas y entiendes queel recibo de Pagos está sujetos a un cargo por transacción por parte de Evertec que será debitado de la Cuenta Designada. Dicho cargo esta descrito en ath.business en la sección de “Business”. Podrían aplicar ciertos impuestos y gastos para el uso de los Servicios por parte de tu proveedor de servicio móvil o Internet los cuales pagarías directamente a este. Debes ponerte en contacto con tu proveedor de servicios para los detalles de los cargos, si alguno. Nos reservamos el derecho de imponer en cualquier momento cargos adicionales a cualquier parte del Servicio.

Impuestos. Al recibir Pagos a través del App o la Plataforma, aceptas y entiendes que dichos pagos están o podrían estar sujetos a la retención de impuestos por los Gobiernos de Puerto Rico, o las Islas Vírgenes Americanas o Británicas. Ni nosotros ni Evertec seremos responsables por cualquier impuesto que el usuario esté legalmente obligado a pagar y que incurra o surja en conexión con el Servicio. Todos los impuestos (incluyendo los impuestos sobre el ingreso bruto, el ingreso neto, ventas y uso, licencias municipales, impuesto de franquicia sobre los servicios e impuestos a la propiedad del usuario) serán la responsabilidad financiera y legal del usuario. El usuario indemnizará, eximirá, y defenderá a BPPR y a Evertec por los impuestos que esté obligado a pagar sobre el ingreso que reciba por medio del Servicio.

Limitaciones de Servicio. Al utilizar el Servicio a través del App o a través de la Plataforma, aceptas y entiendes que, podemos imponer límites a la cantidad máxima y mínima, y al número de Pagos que puedas recibir cada día a través del Servicio. Podrás ver cuáles son los límites aplicables a través de bajo la sección de “Preguntas Frecuentes”. Por otra parte, la disponibilidad, puntualidad y buen funcionamiento de los Servicios depende de muchos factores, incluyendo la ubicación de tu Dispositivo, disponibilidad de la red inalámbrica e intensidad de la señal, y el buen funcionamiento y la configuración del hardware y software. Ni nosotros, ni Evertec, ni ninguno de nuestros proveedores de servicios garantiza que los Servicios se adapten a tus necesidades, que funcionen sin interrupción o estén libre de errores. Ni nosotros ni Evertec, ni nuestros proveedores de servicios seremos responsables por cualquier pérdida o daño causado por la no disponibilidad o el mal funcionamiento de los Servicios, ni de ninguna acción adoptada al respecto, por cualquier razón, incluyendo las interrupciones de los Servicios, demoras, inexactitudes, pérdida de datos o la pérdida de la configuración personalizada. Ni nosotros, ni Evertec, ni nuestros proveedores de servicios seremos responsables por cualquier falla en los Servicios causada por ataques cibernéticos, incendios, terremotos, huracanes, inundaciones, u otro evento fortuito, o cualquier fallo o retraso de cualquier sistema de energía, informática o telecomunicaciones, o por cualquier otra causa más allá de nuestro control.

Terminación del Servicio

Puedes terminar tu participación en el Servicio del App o de la Plataforma en cualquier momento llamando al Service Desk de ATH Business al 787-773-5466, lunes a viernes, de 7:00am a 9:00pm, o enviando un correo electrónico a [email protected]. Aunque termines tu participación en el Servicio, seguirás siendo responsable de todas tus obligaciones relacionadas con dicho Servicio antes de haberlo terminado. Nos reservamos el derecho de cancelar cualquier Servicio en cualquier momento sin notificación previa. Tanto nosotros como Evertec podremos terminar o suspender temporeramente tu acceso al Servicio, en cualquier momento sin notificación por cualquier razón, incluyendo, pero sin limitarse a, por casos de uso excesivo, actividad excesiva de reclamaciones, monitoreo de fraude, cumplimiento regulatorio, tu incumplimiento con estos Términos y Condiciones o los Términos y Condiciones de Uso de Aporta con ATH Móvil o si dejas de utilizar el Servicio. Por medio de estos Términos y Condiciones, estás de acuerdo en que no seremos responsables hacia ti ni ningún tercero por cambios en el Servicio o la terminación de este. 

Cambios en los Términos y Condiciones

Nos reservamos el derecho de actualizar, cambiar y modificar estos Términos y Condiciones o a imponer nuevas condiciones, tal y como cargos por uso del Servicioa través del App o de la Plataforma, en cualquier momento. Todas las actualizaciones, cambios, modificaciones, adiciones o eliminaciones entrarán en vigor inmediatamente al anunciarse los mismos, lo cual se efectuará mediante su publicación en la página de Internet ath.business, en el App, mediante correo electrónico, o por cualquier otro medio por el cual tú advengas en conocimiento de estos. Si modificamos el Servicio, serás responsable de asegurar que entiendes cómo utilizar el Servicio según modificado. Cualquier uso del Servicio subsiguiente al aviso se entenderá como tu aceptación de dichos cambios, modificaciones o adiciones. Nos reservamos el derecho de cambiar o descontinuar, en cualquier momento, cualquier aspecto o elemento del Servicio, incluyendo, pero sin limitarse al, contenido, horario en que está disponible y el equipo necesario para su acceso o uso.

EL USO DEL SERVICIO ES A TU RIESGO

AL UTILIZAR EL SERVICIO A TRAVÉS DEL APP O A TRAVÉS DE LA PLATAFORMA, EXPRESAMENTE ACUERDAS QUE EL USO DEL SERVICIO Y ATH.BUSINESS ES VOLUNTARIO Y A TU PROPIO RIESGO. USTED RECONOCE Y ACEPTA QUE ASUME TODO RIESGO RELACIONADO CON EL USO DEL SERVICIO Y LA ACEPTACIÓN DE PAGOS A TRAVÉS DE ÉSTE. SERÁS RESPONSABLE DE PROTEGER LA CONFIDENCIALIDAD DE TUS CONTRASEÑAS Y SERÁS RESPONSABLE DE TODA TRANSFERENCIA, PAGO RECIBIDO Y DE TODA ACTIVIDAD QUE OCURRA BAJO TU CUENTA DE ATH BUSINESS O BAJO LA PLATAFORMA. NI NOSOTROS, NI EVERTEC, NI NUESTROS AFILIADOS O RESPECTIVOS EMPLEADOS, OFICIALES, ACCIONISTAS, AGENTES Y PROVEEDORES DE SERVICIO O LICENCIAS GARANTIZAN QUE ATH.BUSINESS O LA PLATAFORMA NO SERÁ INTERRUMPIDO O ESTARÁ LIBRE DE ERRORES. TAMPOCO HACEMOS GARANTÍA EN CUANTO A LOS RESULTADOS QUE EL USUARIO OBTENGA DEL USO DE LOS SERVICIOS Y DE ATH.BUSINESS, O SOBRE LA CERTEZA, CONFIABILIDAD O CONTENDIO DE CUALQUIER INFORMACIÓN, SERVICIO O MERCANCÍA QUE SE PROVEE A TRAVÉS DEL SERVICIO, ATH.BUSINESS O LA PLATAFORMA.

NINGUNA GARANTÍA

AL UTILIZAR EL SERVICIO A TRAVÉS DEL APP O A TRAVÉS DE LA PLATAFORMA DE APORTA CON ATH MÓVIL, ACEPTAS Y ENTIENDES QUE LOS SERVICIOS SON PROPORCIONADOS “TAL CUAL” Y SE ACEPTAN COMO ESTÁN Y SEGÚN SU DISPONIBILIDAD. BPPR Y EVERTEC NO PROVEEN NINGÚN TIPO DE GARANTÍA CON RESPECTO A LOS SERVICIOS, YA SEA EXPRESA O IMPLÍCITA, INCLUYENDO, PERO SIN LIMITARSE A, GARANTÍAS DE TITULARIDAD O GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD O ADECUACIDAD PARA UN PROPÓSITO EN PARTICULAR Y LA INEXISTENCIA DE VULNERACIÓN DE DERECHOS DE TERCEROS. BPPR, EVERTEC, SUS AFILIADAS, Y SUS RESPECTIVOS EMPLEADOS, ACCIONISTAS, AGENTES, TERCEROS PROVEEDORES DE SERVICIO O LICENCIADORES, NO GARANTIZAN QUE LOS SERVICIOS SERÁN ININTERRUMPIDOS O ESTARÁN LIBRE DE ERRORES; TAMPOCO OFRECEN GARANTÍA ALGUNA EN LO QUE RESPECTA A LOS RESULTADOS QUE EL USUARIO PUEDA OBTENER DEL USO DE LOS SERVICIOS, INCLUSO LA PRECISIÓN, CONFIABILIDAD O EL CONTENIDO DE CUALQUIER INFORMACIÓN O FUNCIÓN PROVISTA A TRAVÉS DE LOS SERVICIOS.

LIMITACIÓN DE RESPONSABILIDAD

AL UTILIZAR EL SERVICIO A TRAVÉS DEL APP O A TRAVÉS DE LA PLATAFORMA, ACEPTAS Y ENTIENDES QUE EN NINGÚN CASO BPPR, EVERTEC O CUALQUIER OTRA PERSONA O ENTIDAD QUE PARTICIPE EN LA CREACIÓN, PRODUCCIÓN, VENTA O DISTRIBUCIÓN DE LOS SERVICIOS O DE ATH.BUSINESS O DE LA PLATAFORMA, SERÁ RESPONSABLE DE NINGÚN DAÑO, INCLUYENDO, SIN LIMITARSE A, DAÑOS DIRECTOS, INDIRECTOS, INCIDENTALES, ESPECIALES, EMERGENTES O PUNITIVOS QUE SURJAN DEL: (1) ACCESO A, FALTA DE ACCESO A, O USO DEL SERVICIO, (2) NO PODER USAR EL SERVICIO O ATH.BUSINESS, (3) NO PODER USAR LA PLATAFORMA (4) CUALQUIER RECLAMACIÓN RELACIONADA A ERRORES, OMISIONES O CUALQUIER FALLA EN LOS SERVICIOS, O 5) CUALQUIER OTRO ASUNTO RELACIONADO A LOS SERVICIOS. ADEMÁS, ACEPTAS QUE ERES RESPONSABLE POR CUALQUIER ACTO QUE SURJA DE TU USO Y/O EL USO DE TUS EMPLEADOS DE LOS SERVICIOS. TAMPOCO SEREMOS RESPONSABLES POR LAS ACCIONES DE LOS USUARIOS DE ATH MÓVIL QUE EMITAN PAGOS O POR LAS CONDICIONES DEL PAGO EMITIDO.

COMO USUARIO DE LOS SERVICIOS, ENTIENDES Y ACEPTAS QUE ESTA SECCIÓN APLICÁ A TODO EL CONTENIDO DE ATH.BUSINESS Y LA PLATAFORMA. EN NINGÚN CASO BPPR, EVERTEC O ALGUNA OTRA PERSONA O ENTIDAD QUE PARTICIPE EN LA CREACIÓN, PRODUCCIÓN, VENTA O DISTRIBUCIÓN DE ATH.BUSINESS O LA PLATAFORMA O LOS SERVICIOS, SERÁ RESPONSABLE POR ERRORES, OMISIONES U OTROS DEFECTOS EN LA INFORMACIÓN O EN EL CONTENIDO DE ATH.BUSINESS O DE LA PLATAFORMA, O POR TARDANZAS O INTERRUPCIONES EN LA TRANSMISIÓN A OTRO USUARIO (NO IMPORTA LA CAUSA O LA DURACIÓN), O POR RECLAMACIONES O PÉRDIDAS QUE SURJAN COMO RESULTADO DE TALES ERRORES, OMISIONES, DEFECTOS, TARDANZAS O INTERRUPCIONES. ESTE RELEVO DE RESPONSABILIDAD APLICA A CUALQUIER LESIÓN O DAÑO CAUSADO POR FALTA DE CUMPLIMIENTO, ERROR, OMISIÓN, INTERRUPCIÓN, ELIMINACIÓN, DEFECTO, DEMORA EN LA OPERACIÓN O TRANSMISIÓN, VIRUS CIBERNÉTICO, MALFUNCIONAMIENTO DE LA LÍNEA DE TRANSMISIÓN, HURTO O DESTRUCCIÓN O ACCESO NO AUTORIZADO, BIEN SEA POR INCUMPLIMIENTO DE CONTRATO, CONDUCTA TORTICERA, NEGLIGENCIA O CUALQUIER OTRA CAUSA DE ACCIÓN. ESPECÍFICAMENTE, RECONOCES QUE NO SOMOS RESPONSABLES POR LA CONDUCTA DIFAMATORIA, OFENSIVA O ILÍCITA DE OTROS USUARIOS O DE TERCEROS Y QUE EL RIESGO DE DAÑOS POR LO ANTERIOR RESIDE EXCLUSIVAMENTE EN TI.

INDEMNIZACIÓN

AL UTILIZAR EL SERVICIO A TRAVÉS DEL APP O A TRAVÉS DE LA PLATAFORMA, ACEPTAS Y ENTIENDES QUE TE COMPROMETES A DEFENDER, INDEMNIZAR Y LIBRAR DE RESPONSABILIDAD A BPPR, EVERTEC, Y A SUS RESPECTIVAS AFILIADAS Y SUS RESPECTIVOS DIRECTORES, OFICIALES, ACCIONISTAS, EMPLEADOS, AGENTES Y CESIONARIOS CONTRA TODAS LAS RECLAMACIONES, DEMANDA, PÉRDIDAS, DAÑOS Y GASTOS (INCLUYENDO HONORARIOS DE ABOGADO) QUE SURJAN DE TU USO Y/O DEL USO DE TUS EMPLEADOS DE LOS SERVICIO O DE ATH.BUSINESS (INCLUYENDO LA APLICACIÓN DE PAGOS A TRAVÉS DEL SERVICIO) O LA PLATAFORMA O DE TU VIOLACIÓN DE ESTOS TÉRMINOS Y CONDICIONES O LOS TERMINOS Y CONDICIONES DE USO DE APORTA CON ATH MÓVIL EXCEPTO QUE DICHA RECLAMACIÓN O GASTO HAYA SURGIDO EXCLUSIVAMENTE POR LA NEGLIGENCIA CRASA O CONDUCTA ILÍCITA INTENCIONAL DE LA PARTE A SER DEFENDIDA, INDEMNIZADA Y LIBRADA DE RESPONSABILIDAD.

Derechos de Autor y Marcas Registradas

Al utilizar el Servicio a través del App o a través de la Plataforma, aceptas y entiendes que, puedes utilizar el contenido entregado a través de los Servicios ya sea por el App, la página de ath.business o la Plataforma, solamente en conjunto con tu uso del Servicio. Está prohibido modificar, publicar, transmitir, participar en la transferencia o venta, crear obras derivadas o en forma alguna aprovecharse de alguna parte de la tecnología utilizada en estos Servicios, incluyendo, pero no limitado a, cualquier aplicación o software asociado a alguno de estos Servicios. La página de Internet ath.business y la Plataforma contiene materiales con derechos de autor, marcas registradas u otra información propietaria, algunos de los cuales son propiedad de Evertec, y otros, propiedad de terceros. El contenido completo de ath.business y de la Plataforma está protegido por derechos de autor como un trabajo colectivo. Evertec podrá modificar, retirar o denegar el acceso a ath.business o a la Plataforma en cualquier momento o imponer otros tipos de accesos restringidos. La Red ATH, ATH Móvil y ATH Business, y Aporta con ATH Móvil incluyendo sus logos y diseños, son marcas de servicio de Evertec; todos los derechos a estas son reservados. Toda otra marca o logo que aparezca en el App, en ath.business o en la Plataforma es propiedad de sus respectivos dueños.

Enlaces a Páginas de Internet

Es posible que encuentres enlaces en el App, en ath.business o en la Plataforma, otras páginas de Internet que no están bajo nuestro control. No somos responsables de estos sitios web y no los endosamos. Es tu responsabilidad revisar los términos y condiciones y la política de privacidad de cualquier otra página de Internet que visites. Estamos comprometidos a proveerle servicios en línea de calidad. Si encuentras alguna información en ath.business o bajo la Plataforma que crees que es inexacta o tienes dudas sobre un enlace a una página de Internet de terceros, por favor comunícate con nosotros a [email protected].

Contenido del Servicio y de ath.business

Cualquier opinión, consejo, declaración, servicio, oferta u otra información o contenido expresado o puesto a disposición de los usuarios en el App, en ath.business o en la Plataforma por terceros (incluyendo proveedores de información) pertenecen a sus respectivos autores o distribuidores y no a nosotros. Ni nosotros, ni Evertec, ni nuestros agentes, o ningún tercero proveedor de información, garantiza la precisión, exactitud o utilidad del contenido para su mercadeo o uso adecuado para un propósito específico. No endosamos ni somos responsables de la precisión o confiabilidad de ninguna opinión, consejo o declaración hecha con relación al Servicio o ath.business, o vertida en el App o en ath.business o en la Plataforma, por cualquier persona que no sea uno de nuestros empleados portavoces actuando en su capacidad oficial.

Totalidad del Contrato

Estos Términos y Condiciones y los Contratos Originales con BPPR constituyen la totalidad del acuerdo entre las partes y substituyen cualquier acuerdo anterior oral o escrito entre las partes en lo que respecta al uso del Servicio ya sea través del App o a través de la Plataforma.

Ley Rectora y Jurisdicción

Estos Términos y Condiciones se interpretarán a tenor con las leyes del Estado Libre Asociado de Puerto Rico, sin atender a sus reglas sobre conflictos de leyes. Cualquier causa de acción de cualquier naturaleza que surja de estos Términos y Condiciones se incoará en el Estado Libre Asociado de Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Caribe Federal Credit Union. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Coop. Colegio de Ingenieros y Agrimensores CIAPR. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Coop. Empleados Municpales Guaynabo (MuniCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through CooPACA. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Ana G. Méndez. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Barrio Quebrada. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Caguas (CaguasCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Cupey Alto. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito Custo-Coop. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Adjuntas. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Aguada. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Aguadilla. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Añasco (Añascoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Cabo Rojo. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Camuy. ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTIES. COOP, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS USER MAY OBTAIN FROM THE USE OF THE SERVICE, INCLUDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR FUNCTION PROVIDED THROUGH THE SERVICE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE OR ATH.BUSINESS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE ARISING OUT OF: (1) ACCESS TO, FAILURE TO ACCESS, OR USE OF THE SERVICE, (2) FAILURE TO USE THE SERVICE OR ATH.BUSINESS, (3) ANY CLAIMS RELATING TO ERRORS, OMISSIONS OR ANY FAILURE IN THE SERVICE, OR (4) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, YOU AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTS ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE. NOR WILL WE BE RESPONSIBLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO ISSUE PAYMENTS OR FOR THE CONDITIONS OF THE PAYMENT ISSUED.

AS A USER OF THE SERVICE, YOU UNDERSTAND AND AGREE THAT THIS SECTION APPLIES TO ALL THE CONTENT OF ATH.BUSINESS. IN NO EVENT SHALL COOP, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS OR THE SERVICE BE LIABLE FOR ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT ON ATH.BUSINESS, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSION TO ANOTHER USER (NO MATTER OF CAUSE OR DURATION), OR FOR CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS OR INTERRUPTIONS. THIS RELEASE OF LIABILITY APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, CYBER VIRUS, TRANSMISSION LINE MALFUNCTION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. SPECIFICALLY, YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF HARM FOR THE FOREGOING RESTS SOLELY WITH YOU.

INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS AGAINST ALL CLAIMS, DEMANDS, LOSSES, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF YOUR USE AND/OR YOUR EMPLOYEES’ USE OF THE SERVICE OR ATH.BUSINESS (INCLUDING THE APPLICATION OF PAYMENTS THROUGH THE SERVICE) OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, EXCEPT THAT SUCH CLAIM OR EXPENSE HAS ARISED EXCLUSIVELY DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED AND RELIEVED FROM LIABILITY.

Copyright and Trademarks

You may use the content delivered through the Service through the App and ath.business only in conjunction with your use of the Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the technology used in the Service, including, but not limited to, any applications or software associated with the Service. The ath.business website contains copyrighted materials, trademarks or other proprietary information, some of which are the property of Evertec, and some of which are the property of third parties. The entire content of ath.business is copyrighted as a collective work. Evertec may modify, withdraw or deny access to ath.business at any time or impose other types of restricted access. The ATH Network, ATH Móvil and ATH Business, including their logos and designs, are service marks of Evertec; all rights to these are reserved. All other trademarks or logos that appear in the App or on ath.business are the property of their respective owners.

Links to Internet Pages

You may find links in the App or on ath.business to other Internet sites that are not under our control. We are not responsible for these websites and do not endorse them. It is your responsibility to review the terms and conditions and privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find any information on ath.business that you believe is inaccurate or have questions about a link to a third-party website, please contact us at [email protected].

Content of the Service and of ath.business

Any opinions, advice, statements, services, offers or other information or content expressed or made available to users in the App or on ath.business by third parties (including information providers) belong to their respective authors or distributors and not to us. Neither Coop nor Evertec, nor our agents, or any third party information provider, guarantees the accuracy, correctness, or usefulness of the content for its proper marketing or use for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made in connection with the Service or ath.business, or posted on the App or ath.business by anyone other than our employee spokespersons acting on behalf of his official capacity.

Entire Agreement

These Terms and Conditions and the Original Contracts with Coop constitute the entire agreement between the parties and supersede any prior oral or written agreement between the parties regarding the use of the Service.

Governing Law and Jurisdiction

These Terms and Conditions will be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its rules on conflicts of laws. Any cause of action of any nature arising from these Terms and Conditions will be brought in the Commonwealth of Puerto Rico.

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (the "Terms and Conditions"). ATH Business is a digital payment service offered through Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop). ATH Business is a service that allows businesses to receive electronic payments from individuals.

Being the Service a commercial one, you will be able to (1) receive Payments from ATH Móvil® users, (2) generate refunds of Payments received, or (3) in the case of non-profit entities, receive donations. You should carefully read these Terms and Conditions before using the Service, as they constitute a contract between the parties and will govern our relationship as to the rights and obligations of each party with respect to the Service.

Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings attributed below. References to "you" refer to you as user of the Service. References to "we" and "our" refer to Coop.

  1. "App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.

  2. "ATH Card" means the ATH debit card that corresponds to the Designated Account.

  3. "ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.

  4. "Deposit Account Agreement" means the agreement or set of agreements between you and Coop applicable to your deposit accounts and that govern the Designated Account. These Terms and Conditions form a part of and supplement the Deposit Account Agreement.

  5. "Designated Account" means the deposit account of the user in Coop that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.

  6. "Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.

  7. "Evertec" means Evertec Group, LLC, a limited liability company that operates and owns the Service and the ATH® Network, with main offices at Highway 176 kilometer 1.3, San Juan, Puerto Rico.

  8. "Password" means the secret code that the user assigns to the user’s Service account.

  9. "pATH" means the unique name that the user created to identify their business on the Service.

  10. "Payment" means any transfer of funds from an ATH Móvil user to a business registered in the Service to pay for goods or services, or to make a donation.

  11. "Service" means the ATH Business service.

Registration and Service Description

Remember that by registering for the Service, you are confirming that you agree to be legally bound by these Terms and Conditions.

Eligibility. To be eligible to register for the Service you must meet the following requirements:

  • Be the owner or authorized representative of a non-profit entity or a business authorized to do business in Puerto Rico

  • Have a Designated Account and an ATH Card issued by Coop

  • Have a Device that:

    • has at least 9.3 MB of available memory

    • is configured with standard Internet data connectivity for your network operator (for example: GPRS, 3G, 4G, 5G, or LTE) or have Wi-Fi connectivity capability

    • has space available to receive text messages

    • is compatible with the WPA (Wireless Public Alerting) system

  • Have an email with space to receive messages

  • Emails with disposable domains, for example "@yopmail.com," are not allowed

Registration Method. To register for the Service, the first thing you must do is download the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively. Registration for the Service is completed through the App, following the steps shown therein. You must ensure that the information you submit for your registration, including your personal and banking information, is complete and correct. You must create and maintain only one (1) account for each business. You may register only one (1) Designated Account on your profile. You must be legally authorized to use the Designated Account.

Password and Security Questions. As part of the registration process, you will be asked to choose a Password and a four-digit access code that you will need each time you wish to access the Service. You may also access the Service by facial recognition or fingerprint (only if these methods are available on your Device). You are responsible for maintaining the confidentiality and security of your Password and for not disclosing it to anyone. If you forget your Password, you will be able to change it through the App. As an additional security measure, you will have to choose and answer three (3) security questions for your account. Security questions help verify if you are the person requesting access to your account. To confirm that you are the person requesting access to your Service account, we will send a validation code to the email provided or other identity validation method established by Evertec. Coop, Evertec or our representatives will never call you to inquire or request your registration information or Password or ask you to change it.

Information management. In order to register for the Service, it is necessary for you to submit certain personal and business information, which will include, but not necessarily be limited to, your name, email, telephone number, business name and ATH Card number. You may update some of this information during your use of the Service. The handling of your information will be governed by these Terms and Conditions and Evertec’s Privacy Policy available at ath.business. During your use of the Service, you agree to submit only information that is true and accurate. You must keep your personal and business information registered with the Service updated. By accepting these Terms and Conditions, you authorize us to share with Evertec the necessary and required information about you, as a user, and/or your business so that Evertec can file Form 480.6G (named "Declaración Informativa–Transacciones Efectuadas por Medios Electrónicos", in Spanish) before the Department of the Treasury of the Government of Puerto Rico.

Validation of Registration and Information. You authorize Coop and/or Evertec to inquire or confirm, directly or through a third party, any information that is necessary to validate your registration and authenticate your identity and Designated Account. We validate, among other things: business information, your email, business’ physical address, business incorporation documents, and/or business licenses or authorizations. Once you have completed your registration and added the Designated Account, you will receive a registration confirmation email and we will proceed with the verification of the business. Once the business is verified and approved by Evertec, you will be able to start using the Service immediately.

pATH. You must select a unique name made up of letters and numbers to identify your business on the Service (knows as a "pATH"). Your pATH must accurately and truthfully represent your business or identity. You may not select a pATH that misleads or confuses the public as to your business or identity, or that creates an undue risk of erroneous Payments or chargebacks. Evertec may, at its sole discretion, block and/or delete a pATH that does not comply with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:

Name of Business pATH
Cookies by Ana /CookiesByAna
Puerto Rico Food Truck /PRFOODTRUCK
Club Futbol 101 /clubfutbol101

By using the Service, you allow Evertec to use the pATH and name of your business to advertise or promote the Service, or provide information about the Service on Evertec’s website and social media pages. If at any time you decide that you do not want Evertec to use the pATH and/or name of your business for these purposes, please send an email to [email protected] requesting that the pATH and/or your business name no longer be used for these purposes.

Receipt of Payments. You may receive a Payment in any of the following ways:

  • Through the pATH: The ATH Móvil user may access the "Pay a Business" section in the ATH Móvil app to select the pATH of your business from the list of available pATHs, enter the amount to be paid, and send the Payment or use the business’ QR code, as applicable.

  • Through the Payment Button on the Internet Page or Mobile Application of the Business: If you have an ATH Móvil payment button or a QR code on the Internet page or mobile application of your business (if applicable), the ATH Móvil user can select the payment button and complete the Payment from their ATH Móvil app. For more information on the integration of ATH Móvil as a Payment method in the Internet page or in the mobile application of your business, please see the "Terms for the Use of the API" section below.

  • Through the QR Code: If your business accepts Payments through ATH Móvil at the point-of-sale (POS) terminals, the ATH Móvil user can access the ATH Móvil app, select the button to scan QR codes, scan the QR code that appears on the business’ point-of-sale (POS) terminal and send the Payment.

Donations. The Service allows non-profit entities registered with the Service to accept donations through the App. Evertec will request entities interested in receiving donations evidence of their status as a non-profit entity as a requirement to be able to receive donations through the Service. You acknowledge and agree that we make no guarantees or promises that you will receive donations because of your registration with the Service as a non-profit entity. Donations made through the Service will be deposited into the Designated Account and will be treated as a Payment made through the Service. The user will be responsible for any tax liability arising from the donation received. The user authorizes Evertec to provide donors with information about the user’s donation campaigns, if any.

Payment Refunds. If an ATH Móvil user is entitled to a refund or other adjustment in relation to their purchase made in your business through the Service, you can authorize a credit to their account directly from the App. You can: (1) refund the full amount originally submitted by the ATH Móvil user, (2) refund a lesser amount, or (3) make multiple refunds up to the amount originally submitted.

Invalidation or Reversal of Payments or Donations. Any Payment or donation may be voided and reversed by Coop if, among other reasons, the transaction is declined or reversed, was erroneously sent by the Service, was not authorized, or is related to activities prohibited under these Terms and Conditions, the Deposit Account Agreement or applicable law. You authorize Coop to debit the Designated Account for chargeback transactions or denials that may occur for any reason, including the handling of claims covered under Regulation E of the Federal Reserve, as amended.

Debits to the Designated Account. Payments, debits, credits or charges related to the Service will be processed through the Designated Account. Coop may debit the Designated Account in connection with any other obligations created by your use of the Service, including the settlement of claims by individuals who made payments through the Service.

Process to Regain Access. If you are already registered, but have problems accessing the Service, please follow the instructions on the main screen of the App or at ath.business under the "Frequently Asked Questions" section. In both places you will find the steps to change your Password, receive a validation code and regain your access to the Service. If you have other difficulties with the Service or while using ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or sending an email to [email protected].

Claims. Any claim related to your Designated Account will be handled by ATH Business service personnel, by calling at 787-773-5466 or sending an email to [email protected]. Claims will be subject to these Terms and Conditions and the terms and conditions of your existing agreements with us regarding the Designated Account.

Service Desk. If you have other difficulties accessing or using the Service or regarding the information published on ath.business, please contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Availability of the Service

The Service is generally available 24/7, 365 days a year, except for those Service maintenance periods and circumstances beyond our control, or if you are in an area where mobile coverage or Internet access is limited. The user can access the Service from abroad. Accessing the Service from abroad could cause exogenous charges to the Service, for example, charges for roaming service or use of mobile networks. These charges may vary depending on the country. In certain cases, accessing the Service from abroad may be prohibited by law, regulation, regulatory guideline or as a protection measure against cyber fraud.

Terms for the Use of the API

You have the option of using an API (Application Programming Interface) code provided, developed and administered by Evertec. Said API code will allow you to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business registered in the Service. You will find the API code and API documentation (collectively, the "Licensed Materials") at https://ath.business/botondepago under the "Payment Button" section. Evertec offers the API Code free of charge. To use the API, you must be registered with the Service and comply with these Terms and Conditions, including the Licensed Materials, which form part of, and are governed by, these Terms and Conditions.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the Licensed Materials to integrate ATH Móvil as a Payment method on the Internet page or in the mobile application of your business. No intellectual property title in the Licensed Materials will be transferred to you. Evertec may set or impose limits on your use of the API in its sole discretion. You agree to accept such limitations (if any), whether or not included in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or any third party on your behalf. You may discontinue your use of the API at any time.

Restrictions. By using the API, you may not, and you will advise third parties acting on your behalf that they may not: (1) sublicense the API for use by a third party, (2) create an API that functions substantially the same as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer or attempt to extract the source code of the API, or (5) use the Licensed Materials to conduct, support or promote any illegal activity. Any derivative or invented work by you or your developer based on the Licensed Materials shall be the intellectual property of Evertec. If you are assisted by a developer, you will be responsible for your developer’s compliance with these Terms and Conditions. Evertec reserves the right to discontinue the API or any portion or feature or your access to the Licensed Materials at any time, without liability or other obligation to you, if Coop or Evertec believe that you are in violation of these Terms and Conditions; in which case you will be notified of such termination by sending an email to the email address provided. Upon termination of these Terms and Conditions or upon termination of your access to the API, you will immediately cease use of the API. Your use of the Licensed Materials, whether directly or indirectly through a developer, is with the understanding that we will not provide you with technical support, maintenance support, or customer service in connection with your use of the API.

API monitoring. You agree that Evertec may monitor the use of the API to ensure quality, improve its services, and verify your compliance with these Terms and Conditions and the API documentation. You will use commercially reasonable efforts to protect user information that is collected by your business website or your application, including personally identifiable information, from unauthorized access or use, and you will be responsible for notifying your users of any unauthorized access or use of such information, in accordance with applicable law. By using the API, Evertec may use the information submitted in accordance with its privacy policy available on ath.business. If you provide comments or suggestions about the API, Evertec may use such information without any obligation to you.

No Warranty, Limit of Liability and Indemnity regarding the use of API. The API is provided "AS IS" without warranty of any kind. Your use of the API is completely voluntary and at your own risk. Evertec and Coop disclaim all warranties and make no representations, express or implied, regarding (1) the merchantability or suitability of the API for any particular purpose; (2) API performance or availability; (3) the API title condition; or (4) that use of the API or process derived or produced from it will not infringe any patent, copyright or other intellectual property rights of any third party. You agree that in no event will Evertec or Coop be liable for any indirect, special, consequential, or incidental loss or damage (including, but not limited to, loss of anticipated profits, data, or other business damage), of any kind, with relation to the API and its use or inability to use it with the Service. In addition, you agree to defend and indemnify Evertec, Coop and each of our respective directors, employees and representatives, against obligations, losses, costs, fees and expenses related to any claim, allegation or legal process of a third party, if the same arises of: (1) your use of the API, (2) your violation of these Terms and Conditions, (3) your failure to comply with all laws and regulations applicable to your use of the Service and your business, (4) your violation of the rights of intellectual property of Evertec or a third party, or (5) any content or data directed to or used with the API by you or someone acting on your behalf (including your developer, if any).

Service Desk. For technical support in the integration of the API on the website or mobile applications of your business, you can contact the ATH Business Service Desk by calling at 787-773-5466, Monday through Friday from 7:00a.m. to 9:00p.m., or by sending an email to [email protected].

Commercial Deposit Account Agreement and Other Agreements

By using the Service, you agree and understand that:

  • you remain bound by the terms and conditions of all existing agreements with us regarding your Designated Account, including, the Deposit Account Agreement (the "Original Agreements with Coop") and of your existing agreements with all unaffiliated service providers (for example: your Internet or telephone service provider) (the "Vendor Agreements" and together with the Original Agreements with Coop, the "Prior Agreements"), and that these Terms and Conditions do not modify or supersede the terms and conditions of the Prior Agreements;

  • the Prior Agreements may establish charges, taxes, limitations and restrictions that may affect your use of the Service (for example: data usage or charges imposed by your Internet or telephone service provider for your use of or interaction with the Service, to receive text messages, or any other use of your Device while using the Service);

  • you will be solely responsible for all applicable charges, taxes, limitations and restrictions; and

  • only the telephone or Internet service provider is responsible for its products and services and, accordingly, you agree to resolve any problems with your Device directly with your service provider without the involvement of us, Evertec, or any of our affiliates or providers of services.

Your obligations

Your Information and Legal Authorization. You represent that you are the legal owner or authorized representative of the Designated Account and all the personal and banking information that you provide when registering for the Service. You further represent that the Designated Account is for the business using the Service. You represent and agree that all information you provide to us in connection with the Service is correct, current and complete, and that you have the right to provide us with such information for the purpose of using the Service. You agree not to misrepresent your identity or information in the Designated Account and to keep such information up to date. You further represent that you are an authorized user of the Device you will use to access the Service.

Security of your ATH Business Account. You agree not to give or make available to others your Password or validation code or other personal or banking information to access the Service. You are responsible for any transfers you authorize when using the Service. If you allow others to use your Password, Device or other means to access the Service, you will be responsible for any transfer or refund authorized by them. If you believe that your Password, Device or other means of access to the Service have been lost or stolen, that someone may attempt to use the Service without your consent, or that a transfer has been made without your permission, you must notify us immediately by calling the ATH Business Service Desk at 787-773-5466, Monday to Friday from 7:00a.m. a 9:00p.m., or by sending an email to [email protected].

User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in a manner that: (1) is illegal or violates any applicable law, statute, ordinance or regulation; (2) interferes with or disrupts computer networks connected to the Service; (3) interferes with or disrupts the use of the Service by any other user; (4) facilitates unauthorized entry or access to the computer systems of others; or (5) encourages conduct that could constitute a criminal offense, give rise to civil or criminal liability. The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

You agree not to use the Service for transactions related to: (1) narcotics, steroids, some controlled substances or products that represent a risk to the safety of consumers, (2) drug paraphernalia, (3) ammunition, firearms or certain firearm parts or accessories; or (4) certain weapons or blades regulated by law.

The resale, lease, rental or distribution of the Service to third parties is prohibited. You acknowledge that your responsibilities regarding taxes or other laws and regulations applicable to banking or Payment transactions will continue to apply to Payments received through the Service.

Applicable Charges The Payment receipt through the Service is subject to a transaction fee by Evertec debited from the Designated Account. Said charge is described in ath.business under the "Business" section. Certain taxes and fees may apply to the use of the Service by your mobile or Internet service provider, which you would pay directly to said service provider. You should contact your service provider for details of charges, if any. We reserve the right to impose additional charges for any portion of the Service at any moment.

Taxes. As a recipient of Payments through the Service, you acknowledge and certify that your use of the Service consists of receiving Payments for the goods or services that you offer in your business, and that said payments are subject to withholding taxes by the Governments of Puerto Rico, U.S. Virgin Islands or British Virgin Islands. Neither we nor Evertec will be responsible for any taxes that the user is legally obligated to pay and that incurs or arises in connection with the Service. All taxes (including taxes on gross receipts, net income, sales and use, municipal licenses, franchise tax on the Services and taxes on the user’s property) will be the financial and legal responsibility of the user. The user will indemnify, exempt, and defend Coop and Evertec for the taxes that he is obliged to pay on the income he receives through the Service.

Service Limitations

We may impose limits on the maximum and minimum amount and the number of Payments that you may receive each day through the Service. You can see what the applicable limits are in https://ath.business/preguntas under the "Frequently Asked Questions" section. Furthermore, the availability, timeliness, and proper functioning of the Service depends on many factors, including the location of your Device, wireless network availability and signal strength, and the proper functioning and configuration of hardware and software. Neither we, nor Evertec, nor any of our service providers guarantees that the Service will be adapted to your needs, that it will work without interruption or that it will be error-free. Neither we nor Evertec, nor our service providers shall be liable for any loss or damage caused by the unavailability or malfunction of the Service, or any action taken in connection therewith, for any reason, including Service interruptions, delays, inaccuracies, data loss, or loss of custom settings. Neither we, nor Evertec, nor our service providers will be responsible for any Service failure caused by cyber attacks, fire, earthquakes, hurricanes, flood or other force majeure event; or any failure or delay of system, power, computer or telecommunications system, or for any other cause beyond our control.

Termination of Service

You can terminate your participation in the Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, from 7:00a.m. to 9:00p.m., or by sending an email to [email protected]. Even if you terminate your participation in the Service, you will remain responsible for all of your obligations related to the Service prior to termination. We reserve the right to terminate the Service at any time without prior notice. Either we or Evertec may temporarily terminate or suspend your access to the Service at any time without notice for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your breach of these Terms and Conditions or if you stop using the Service. By means of these Terms and Conditions, you agree that we will not be liable to you or any third party for changes in the Service or the termination of the Service.

Changes in the Terms and Conditions

We reserve the right to update, change and modify these Terms and Conditions or to impose new conditions, such as charges for use of the Service, at any time. All updates, changes, modifications, additions or deletions will take effect immediately upon their notice, which notice will be shared by a post on the ath.business website, in the App, by email, or by any other means by which you come to know of them. If we modify the Service, you will be responsible for ensuring that you understand how to use the Service as modified. Any use of the Service subsequent to the notice will be understood as your acceptance of such changes, modifications or additions. We reserve the right to change or discontinue, at any time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary for access or use.

USE OF THE SERVICE AT YOUR RISK

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SERVICE AND THE ACCEPTANCE OF PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND YOU WILL BE RESPONSIBLE FOR ALL TRANSFERS, PAYMENTS RECEIVED AND ANY ACTIVITY THAT OCCURS UNDER YOUR ATH BUSINESS ACCOUNT. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, AND SERVICE PROVIDERS OR LICENSORS WARRANT THAT ATH.BUSINESS WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER OBTAINS FROM THE USE OF THE SERVICE AND ATH.BUSINESS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ATH.BUSINESS.

NO WARRANTY

THE SERVICE IS PROVIDED "AS IS" AND IS ACCEPTED AS IS AND AS AVAILABLE. COOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR