ATH Business®
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 by Evertec (defined below) through Banco Popular de Puerto Rico (“BPPR”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.
The Service allows businesses to (1) receive payments from ATH Móvil® users, (2) issue Payment refunds, or (3) receive donations. Please read these Terms and Conditions carefully prior to using the Service. These Terms and Conditions constitute an agreement between the parties and govern our relationship in terms of each party’s rights and obligations in connection with the Service.
Definitions. Capitalized terms used in these Terms and Conditions shall have the meanings ascribed to them below. References to “you” mean you as the Service user. References to “we,” “us,” and “our” mean BPPR.
“App” means the ATH Business application for iOS or Android, available through the Apple App Store or the Google Play Store, respectively.
“ath.business” means the Service website operated by Evertec where users can obtain information about the Service.
“ATH Card” means the ATH debit card corresponding to the Designated Account.
“Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.
“Deposit Account Agreement” means the Deposit Account Agreement between you and BPPR that governs the Designated Account. These Terms and Conditions are part of, and supplement, the Deposit Account Agreement.
“Designated Account” means the user’s BPPR deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.
“Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.
“Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the Service and ATH® Network, with headquarters in Road 176 Km. 1.3, San Juan, Puerto Rico.
“Organizer” means the person that creates a Cause on the Platform on behalf of either (1) a nonprofit company incorporated under the laws of Puerto Rico and approved by the Department of Treasury (Hacienda) or (2) an unincorporated nonprofit entity with a business account (e.g., clubs, graduating classes, or charitable accounts).
“Password” means the secret code that the user assigns to their Service account.
“pATH” means the unique identifier created by the user for their business within the Service.
“Payment” means any transfer of funds from an ATH Móvil user to a merchant or entity registered in the Service to pay for goods or services or to make a donation.
“Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.
“Service” means the ATH Business service.
Service Description and Registration
Remember that by registering for the Service, 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:
Have a Designated Account and an ATH Card issued by BPPR.
Be the owner or authorized representative of the Designated Account.
Have a Device with:
at least 9.3 MB of free memory
standard Internet data connectivity with your network operator (e.g. GPRS, 3G, 4G, 5G, or LTE) or Wi-Fi connectivity capabilities
storage available to receive text messages
WPA (Wireless Public Alerting) system compatibility
Have an email address with storage to receive messages.
Eligibility to Be an Organizer and Create a Cause. In addition to meeting the eligibility criteria listed in the “Eligibility” section, in order to create a Cause and receive donations through the Platform, the Organizer must:
Accept the Terms and Conditions of Use of Aporta con ATH Móvil, available at: Aportaconathmovil.com;
Meet the requirements set forth in the definition of “Organizer”;
Use your pATH to receive donations for the Cause; and
Be authenticated and approved by Evertec to create the Cause.
How to Register. To register for the Service, you must first download the ATH Business App for iOS or Android, available through the Apple App Store or the Google Play Store, respectively. Then, follow the steps outlined in the App to complete your Service registration. Make sure that your registration information , including your personal and banking information, is complete and correct. You may create and maintain only one (1) account per business. You may only register one (1) Designated Account in 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 required to choose a Password and a 4-digit access code that you will need to enter every time you want to access the Service. You will also be able to access the Service using facial recognition or your fingerprint (only if your Device has these features available). You will be responsible for keeping your Password confidential and secure and not disclosing it to anyone. If you forget your Password, you may change it through the App. As an additional security measure, you will need to select and answer three (3) security questions for your account. Security questions help confirm whether you are the person requesting access to your account. In order to confirm that you are the person requesting access to your Service account, we will send a validation code to the email address provided or use another identity authentication method established by Evertec. BPPR, Evertec, or our representatives will never call you to inquire about or request your registration information or Password, or to ask you to change it.
Handling of Information. In order to register for the Service, you will need to provide certain personal and business information, including, but not necessarily limited to, your name, email address, phone number, business name, and ATH Card number. You will be able to update some of this information in the course of your use of the Service. The manner in which your data is handled will be governed by these Terms and Conditions and by Evertec’s Privacy Policy, available at ath.business. You agree to provide only true and accurate information in the course of your use of the Service. You must keep your personal and business information registered with the Service up to date. 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 about your business so that Evertec may file Form 480.6G (Informative Return - Transactions Made by Electronic Means) with the Puerto Rico Department of Treasury (Hacienda).
Registration and Data Validation. You authorize BPPR and/or Evertec to request or confirm, directly or through a third party, all information necessary to validate your registration and authenticate your identity and Designated Account. The information we validate includes, but is not limited to, your business information, email address, street address, business incorporation documents, and/or business licenses or permits. After you complete your registration and add the Designated Account, you will receive a registration confirmation email, and we will proceed with the business verification process. Once the business is verified and approved by Evertec, you will be able to start using the Service.
pATH. You must select a unique name consisting of letters and numbers to identify your business within the Service and create your own “pATH”. Your pATH must represent your business or identity accurately and truthfully. You may not choose a pATH that will mislead or confuse the public regarding your business or identity or that creates an undue risk of processing Payments or refunds incorrectly. Evertec may, at its sole discretion, block and/or remove any pATH not in compliance with these Terms and Conditions and/or require you to modify your pATH. Examples of acceptable pATHs:
| Nombre del negocio | pATH |
| Cookies by Ana | /CookiesByAna |
| Puerto Rico Food Truck | /PRFOODTRUCK |
| Club Futbol 101 | /clubfutbol101 |
By using the Service, you authorize Evertec to use your pATH and business name to advertise or promote the Service or to provide information about the Service on Evertec’s websites and social media platforms. If at any time you decide that you do not want Evertec to use your pATH and/or business name for these purposes, please email [email protected] and request that your pATH and/or business name no longer be used for these purposes.
Receiving Payments. You may receive Payments in any of the following ways:
Through the pATH: ATH Móvil users can go to “Pay a Business” in the App, select your business pATH from the list of available pATHs, enter the amount to be paid, and send the payment, or they can use the business’ QR Code, as the case may be.
Through the Payment Button on the Business Website or Mobile Application: If you have an ATH Móvil payment button or QR code on your business website or mobile application (if applicable), ATH Móvil users will be able to tap the payment button and complete the payment from their ATH Móvil application. For more information on how to integrate ATH Móvil as a Payment method in your business website or mobile application, please see the “API Terms of Use” section below.
Via QR Code: If the point-of-sale terminals in your business accept ATH Móvil Payments, ATH Móvil users may go into the App, select the button to scan QR codes, scan the QR code displayed on the business’ point-of-sale (POS) terminal, and send the Payment.
Donations. The Service supports the acceptance of donations through the App and the Platform. Evertec will ask users who want to receive donations to provide proof of their status as a nonprofit organization approved by the Department of Treasury (Hacienda) as a requirement for receiving donations through the Service. Evertec will also ask users applying to qualify as an Organizer to provide certain information as part of the registration process. Donations made through the Service or the Platform will be deposited into the Designated Account.
You acknowledge and agree that we make no guarantee or promise that you will receive donations as a result of registering in the Service, either through the App or the Platform. The user will be responsible for any tax obligation resulting from donations received. It is prohibited to charge ATH Móvil users a fee for the return of a Payment, including a donation.
The Organizer authorizes Evertec to provide users with information about its Cause.
Payment Refunds. If an ATH Móvil user is entitled to a refund or an adjustment related to a purchase they made at your business through the Service, you will be able to authorize a credit to the user’s account directly from the App. You are required to cooperate in good faith with any ATH Móvil user entitled to a refund or other adjustment. You will be able to: (1) refund the full amount originally submitted by the user, (2) refund a lesser amount, or (3) issue multiple refunds to bring the total to the amount originally submitted.
Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by BPPR or Evertec if, among other reasons, the transaction is declined or revoked, was sent due to a Service error, was not authorized, or is linked to activities prohibited under these Terms and Conditions, the Terms and Conditions of Use of Aporta con ATH Móvil, the Deposit Account Agreement, or applicable law. You authorize BPPR to debit the Designated Account for reversed charges or declined transactions that may occur for any reason, including the handling of claims covered under Federal Reserve Regulation E, as amended.
Debits to the Designated Account. Payments, debits, credits, or charges related to the Service will be processed through the Designated Account. BPPR may debit the Designated Account in connection with any other obligations arising from your use of the Service either through ATH Business or the Platform, including the settlement of claims made by individuals who made payments through the Service.
Access Recovery Process. If you are already registered but have problems accessing the ATH Business Service, please follow the instructions on the App main screen or at ath.business in the FAQ section. These instructions will guide you step-by-step to change your Password, obtain a validation code, and regain access to the Service. If you have any other issues with the Service or when using ath.business regarding information posted on ath.business, please contact the ATH Business Service Desk by calling 787-773-5466, Monday through Friday, 7:00 a.m. to 9:00 p.m., or emailing [email protected].
Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email [email protected]. Claims will be subject to these Terms and Conditions and to the terms and conditions of any existing agreements you have with us linked to the Designated Account, including, but not limited to, the Electronic Banking Services Agreement, available at https://documents.popular.com/terms/mibanco/terms-conditions-es?redirect=true.
Service Desk. If you have any other issues accessing or using the Service or regarding information posted on ath.business, please contact the ATH Business Service Desk by calling 787-773-5466, Monday through Friday, 7:00 a.m. to 9:00 p.m., or emailing [email protected].
Service Availability
The Service and the Platform are usually available 24/7, 365 days a year, except during periods of Service maintenance and under circumstances beyond our control, or if you are in an area with limited mobile network coverage or Internet access. Users may access the Service from abroad. Accessing the Service or the Platform from abroad may result in charges that are not specific to the Service, such as roaming or mobile network fees. These charges may vary by country. In some instances, accessing the Service from abroad may be prohibited by laws, regulations, regulatory guidelines, or as a means of protecting against cyber fraud.
API Terms of Use
You have the option to use an API (Application Programming Interface) code provided, developed, and managed by Evertec. This API code will allow you to integrate ATH Móvil as a Payment method in your business website or mobile application registered in the Service. You can find the API code and documentation (collectively, the “Licensed Materials”) at https://ath.business/botondepago, under the “Payment Button” section. Evertec provides the API code free of charge. To use the API, you must be registered in the Service and abide by these Terms and Conditions, including the Licensed Materials, which form part of and are governed by these Terms and Conditions. When an Organizer registers to create a Cause in the Platform, this payment button is added and will serve as a payment method to receive donations.
License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license for use of the Licensed Materials to integrate ATH Móvil as a payment method in your business website or mobile application or in the Platform. You will not be transferred ownership of any intellectual property in the Licensed Materials. Evertec may, at its sole discretion, set or enforce limits on your API usage. You agree to accept such limitations (if any), regardless of whether they are listed in the Licensed Materials. You must use the API as set forth in the Licensed Materials, which may not be modified by you or by a third party on your behalf. You may stop using the API at any time.
Restrictions. When using the API, you may not, and you will instruct any third party acting on your behalf not to: (1) sublicense the API for use by third parties, (2) create an API that operates in substantially the same manner as the API provided, (3) interfere with or disrupt the API, (4) reverse engineer the API or attempt to extract its source code, or (5) use the Licensed Materials to conduct, support, or promote any unlawful activity. Any work derived or created by you or your developer based on the Licensed Materials shall become intellectual property of Evertec. If you are assisted by a developer, you are responsible for ensuring that your developer complies with these Terms and Conditions. Evertec reserves the right to discontinue the API or any of its portions or features, or your access to the Licensed Materials, at any time and without liability or further obligation to you, if BPPR or Evertec believes that you are in breach of these Terms and Conditions, in which case a termination notice will be sent to the email address you provided. Upon termination of these Terms and Conditions or of your access to the API, you shall immediately stop using the API. Your use of the Licensed Materials, either directly or indirectly through a developer, is contingent upon the understanding that we will not provide you with technical support, maintenance, or customer service for the use of the API.
API Monitoring. You agree that Evertec may monitor your use of the API for quality assurance, to improve its services, and to confirm you are in compliance with these Terms and Conditions and with the API documentation. You will use commercially reasonable efforts to protect the user information collected through your website or 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 the applicable law. If you use the API, Evertec may use the information submitted as described in its privacy policy, which is posted on the ath.business website. If you submit comments or suggestions regarding the API, Evertec may use this information with no further obligation to you.
No Warranty, Limitations on Liability and Indemnity regarding use of the API. The API is provided “AS IS” without warranties of any kind. Your use of the API is entirely voluntary and at your own risk. Evertec and BPPR disclaim all warranties and make no representations, express or implied, (1) as to the API’s merchantability or fitness for any particular purpose; (2) as to the API’s performance or availability; (3) as to the API’s ownership condition; or (4) that using the API or its derived processes will not infringe any patent, copyright, or other intellectual property rights of third parties. You agree that neither Evertec nor BPPR shall be held liable for any indirect, special, consequential, or incidental damages or losses (including, but not limited to, loss of anticipated profits, data, or any other commercial damages) of any kind in connection with the API and its use of or inability to use the Service. You further agree to defend and indemnify Evertec, BPPR and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings by a third party, if it arises from: (1) your use of the API, (2) your failure to comply with these Terms and Conditions, (3) your failure to comply with all the laws and regulations that apply to your use of the Service and to your business, (4) your infringement of the intellectual property rights of Evertec or of a third party, or (5) any content or data addressed to or used with the API by you or by someone acting on your behalf (including your developer, if any).
Service Desk. To obtain technical support for the integration of the API into your business website or mobile application, you may contact the ATH Business Service Desk by calling 787-773-5466, Monday through Friday, 7:00 a.m. to 9:00 p.m., or emailing [email protected].
Commercial Deposit Account Agreement and Other Agreements
By using the Service, you agree and acknowledge that:
you will continue to be subject to the terms and conditions of all existing agreements with us regarding your Designated Account, including the Commercial Deposit Account Agreement and the Electronic Banking Services Agreement (the “Original Agreements with BPPR”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (the “Agreements with Providers,” and collectively with the Original Agreements with BPPR, 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 have established charges, taxes, limitations, and restrictions that could affect your use of the Service (e.g., data usage limitations or fees imposed by your phone or Internet service provider for your use of or interaction with the Service, to receive text messages, or for any other operation in your Device while using the Service);
you will be solely responsible for all applicable charges, taxes, limitations, and restrictions; and
the phone or Internet service provider is solely responsible for its products and services; therefore, you agree to resolve any Device issues directly with your service provider and without involving us, Evertec, or any of our affiliates or service providers.
Your Obligations
Your Information and Legal Authorization. By making use of the Service through the App or the Platform, you acknowledge and agree that you are the legal owner or authorized representative of the Designated Account and of all the personal and banking information you provide on registration. You also represent that the Designated Account corresponds to the business or Organizer using the Service. You acknowledge and agree that all the information you provide to us is accurate, up to date, and complete, and that you have the right to provide us with said information in order to use the Service, be it through the App or the Platform. You agree not to misrepresent your identity or your information in the Designated Account and to maintain such information up to date. You also affirm that you are an authorized user of the Device you will be using to access the Service.
Security of Your ATH Business Account. You agree not to share or give others access to your Password, validation code, or other personal or banking information to access the Service. You are responsible for all the transfers you authorize when using the Service. If you allow others to use your Password, Device, or other methods to access the Service, you will be responsible for any transfers or refunds authorized by them. If you believe that your Password, Device, or other means of accessing 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 authorization, you must notify us immediately by calling 787-724-3655 (available 7 days a week, 24 hours a day).
User Conduct and Prohibited Activities. You agree to use the Service for lawful purposes. You agree not to use the Service in any manner that: (1) is unlawful or violates any applicable law, statute, ordinance, or regulation; (2) interferes with or disrupts the computer networks connected to the Service; (3) interferes with or disrupts Service use by any other user; (4) facilitates unauthorized entry into or access to another person’s computer system; or (5) encourages conducts that may constitute a criminal offense or give rise to civil or criminal liability.
You agree not to use the Service for transactions related to: (1) narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers, (2) drug paraphernalia, (3) ammunition, firearms, or certain firearm parts or accessories, or (4) certain weapons or blades regulated by law.
It is prohibited to resell, lease, rent, or distribute the Service to third parties. You acknowledge that any tax liabilities or obligations you may have under other laws and regulations governing banking or Payment transactions will continue to apply to the Payments received through the Service.
Applicable Charges. By using the Service through the App or the Platform, you agree and acknowledge that the Payments received are subject to a transaction fee from Evertec that will be debited from the Designated Account. This charge is detailed in ath.business, in the “Business” section. Use of the Services may be subject to certain taxes and fees from your phone or Internet service provider, which are payable directly to such providers. Please contact your phone service provider to learn more about such charges, if any. We reserve the right to charge additional fees for any portion of the Service at any time.
Taxes. By receiving Payments through the App or the Platform, you agree and acknowledge that such Payments are or may be subject to tax withholding by the governments of Puerto Rico, the U.S. Virgin Islands, or the British Virgin Islands. Neither we nor Evertec shall be liable for any taxes the user is legally required to pay that are incurred or arise in connection with the Service. The user shall be financially and legally liable for all taxes (including taxes on gross income, net income, sales and use, municipal licenses, franchise taxes on services, and taxes on the user's property). The user shall indemnify, hold harmless, and protect BPPR and Evertec from any taxes the user is required to pay on income received through the Service.
Service Limitations. By using the Service through the App or through the Platform, you agree and acknowledge that we may impose limits on the maximum and minimum amounts as well as the number of Payments you can receive per day through the Service. You can visit the FAQ section to find out which limits apply. Furthermore, Service availability, timeliness, and performance depends on many factors, including the location of your Device, the availability and signal strength of the wireless network, and the correct operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Services will adapt to your needs, operate without interruption, or be free of defects. Neither we, nor Evertec, nor any of our service providers will be liable for any loss or damage caused by a downtime or malfunction of the Services or for any actions taken in that regard, for any reason including Service interruptions, delays, inaccuracies, loss of data, or loss of customized settings. Neither we, nor Evertec, nor our service providers will be liable for any Service outage caused by a cyberattack, fire, earthquake, hurricane, flood, or other fortuitous event; or for any failure or delay in power, computer, or telecommunications systems; or for any other cause beyond our control.
Termination of Service
You may terminate your participation in the App or Platform Service at any time by contacting the ATH Business Service Desk at 787-773-5466, Monday through Friday, 7:00 a.m. to 9:00 p.m., or emailing [email protected]. Even if you terminate your participation in the Service, you will remain liable for all of your obligations related to the Service prior to termination. We reserve the right to cancel any Service at any time without prior notice. BPPR and/or Evertec may terminate or temporarily suspend your access to the Service at any time without notice, and for any reason, including, but not limited to, excessive use, excessive claims activity, fraud monitoring, regulatory compliance, your failure to comply with these Terms and Conditions or the Terms and Conditions of Use of Aporta con ATH Móvil, or if you stop using the Service. You hereby agree that we will not be liable to you nor to any third party for changes to the Service or for its termination.
Changes in Terms and Conditions
We reserve the right to update, change, and modify these Terms and Conditions or introduce new conditions, such as fees for using of the Service through the App or the Platform, at any time. All updates, changes, modifications, additions, or deletions will be effective immediately upon notice, which will be published on the ath.business website, in the App, and notified to you via email or by any other means by which you are informed of such changes. If we modify the Service, you will be responsible for making sure you understand how to use the Service as modified. Any use of the Service after such notice will be considered your acceptance of the notified changes, modifications, or additions. We reserve the right to change or discontinue, at any given time, any aspect or element of the Service, including, but not limited to, content, hours of availability, and equipment necessary to access or use it.
USE OF SERVICE IS AT YOUR OWN RISK
BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND OF ATH.BUSINESS IS VOLUNTARY AND AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE AND ACCEPTING PAYMENTS THROUGH THE SERVICE. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORDS AND WILL BE HELD ACCOUNTABLE FOR ALL TRANSFERS, RECEIVED PAYMENTS, AND ACTIVITY TAKING PLACE UNDER YOUR ATH.BUSINESS ACCOUNT OR ON THE PLATFORM. NEITHER WE, NOR EVERTEC, NOR OUR AFFILIATES OR RESPECTIVE EMPLOYEES, OFFICIALS, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, OR LICENSORS GUARANTEE THAT ATH.BUSINESS OR THE PLATFORM WILL OPERATE UNINTERRUPTEDLY OR BE FREE OF ERRORS. WE ALSO MAKE NO GUARANTEES AS TO THE OUTCOMES THE USER MAY OBTAIN FROM USING THE SERVICES AND ATH.BUSINESS OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED THROUGH THE ATH.BUSINESS SERVICE OR THE PLATFORM.
NO WARRANTY
BY USING THE SERVICE THROUGH THE APP OR THROUGH THE APORTA CON ATH MÓVIL PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND ARE ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPPR AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF OWNERSHIP OR IMPLIED WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BPPR, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICES WILL OPERATE UNINTERRUPTEDLY OR BE FREE OF ERRORS, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT THE USER MAY OBTAIN FROM USING THE SERVICES, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICES.
LIMITATIONS ON LIABILITY
BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL BPPR, EVERTEC, OR ANY OTHER PERSON OR ENTITY PARTICIPATING IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF THE SERVICE, ATH.BUSINESS, OR THE PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM: (1) THE ACCESS, LACK OF ACCESS, OR USE OF THE SERVICE, (2) THE INABILITY TO USE THE SERVICE OR ATH.BUSINESS, (3) THE INABILITY TO USE THE PLATFORM, (4) ANY CLAIM RELATING TO ERRORS, OMISSIONS, OR ANY FAILURE IN THE SERVICES, OR (5) ANY OTHER MATTER RELATED TO THE SERVICES. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICES. WE WILL NOT BE LIABLE FOR THE ACTIONS OF ATH MÓVIL USERS WHO SUBMIT PAYMENTS OR FOR THE STATUS OF THE PAYMENT SUBMITTED.
AS A USER OF THE SERVICES, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL BPPR, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICES, BE LIABLE FOR ANY ERRORS, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION OR CONTENT OF ATH.BUSINESS OR OF THE PLATFORM, OR FOR DELAYS OR INTERRUPTIONS IN TRANSMISSIONS TO ANOTHER USER (REGARDLESS OF CAUSE OR DURATION), OR FOR ANY CLAIMS OR LOSSES ARISING AS A RESULT OF SUCH ERRORS, OMISSIONS, DEFECTS, DELAYS, OR INTERRUPTIONS. THIS NO-LIABILITY DISCLAIMER APPLIES TO ANY INJURY OR DAMAGE CAUSED BY NON-COMPLIANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAYED 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. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT YOU ASSUME THE ENTIRE RISK OF ANY AND ALL DAMAGES.
INDEMNITY
BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU ACCEPT AND ACKNOWLEDGE THAT YOU AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY BPPR, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS OF ALL CLAIMS, LAWSUITS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE, OF ATH.BUSINESS (INCLUDING THE PAYMENT APPLICATION THROUGH THE SERVICE), OR OF THE PLATFORM, OR FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR THE TERMS AND CONDITIONS OF USE OF APORTA CON ATH MÓVIL, EXCEPT WHERE SUCH CLAIM OR EXPENSE WAS CAUSED SOLELY BY GROSS NEGLIGENCE OR INTENTIONAL WRONGFUL CONDUCT OF THE PARTY TO BE DEFENDED, INDEMNIFIED, AND HELD HARMLESS.
Copyright and Registered Trademarks
By using the Service through the App or the Platform, you agree and acknowledge that you may use the content provided through the Service, either through the App, the ath.business site, or the Platform, only in conjunction with your use of the Service. Any modification, publication, transmission, participation in the transfer or sale, creation of derivative works, or exploitation in any way of the technology used in these Services is prohibited, including, but not limited to, any applications or software associated with any of these Services. The ath.business website and the Platform contain copyrighted material, registered trademarks, or other proprietary information, some of which is owned by Evertec and some owned by third parties. All the content in ath.business and the Platform has been copyrighted as collective work. Evertec may modify, withdraw, or deny access to ath.business or the Platform at any time or enforce other access restrictions. The ATH Network, ATH Móvil and ATH Business, and Aporta con ATH Móvil, including their logos and designs, are service marks of Evertec, and all rights to them are reserved. Any other trademarks or logos shown in the App, in ath.business, or in the Platform are property of their respective owners.
Links to Other Websites
The App, ath.business, and the Platform may contain links to other websites that are not under our control. We are not responsible for these sites and do not endorse them. You are responsible for reviewing the terms and conditions and the privacy policy of any other website you visit. We are committed to providing you with quality online services. If you find information you deem inaccurate in ath.business or in the Platform, or if you have concerns about a link to a third-party website, please contact us at [email protected].
Content of the Service and ath.business
All opinions, advice, statements, services, offers, or other information or content expressed or displayed by third parties (including information providers) in the App, in ath.business, or in the Platform belong to their respective authors or distributors and not to us. Neither we, nor Evertec, nor our agents, nor any third-party information providers guarantee the content’s accuracy, correctness, or usefulness for marketing purposes or its fitness for a specific purpose. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made regarding the Service or ath.business, or published on the App, ath.business, or the Platform, by any person other than our corporate spokespersons acting in their official capacities.
Entirety of Agreement
These Terms and Conditions and the Original Agreements with BPPR constitute the entire agreement between the parties and supersede any prior verbal or written agreements between the parties pertaining to the use of the Service, either through the App or through the Platform.
Governing Law and Jurisdiction
These Terms and Conditions shall be interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without regard to its conflict of law principles. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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. Hatillo (Haticoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Arecibo. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Empleados de Grupo HIMA San Pablo (“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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Empleados de la CFSE (Fondo 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Florida (FloridaCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Guayanilla (Caribe 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Isabela (IsabelaCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Jayuya (Jayucoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Juana Díaz. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 la Federación de Maestros de Puerto Rico (FedeCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 la Industria Biofarmacéutica (BioPharma 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Lajas (LajasCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Lares y Región Central. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Las Piedras. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Los Empleados Del Departamento De Educación. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Manatí (CoopManatí). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Maunabo. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Mayagüez. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Moca (MocaCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Rincón. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Salinas (SaliCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Valenciano (ValenCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Vega Alta (VegaCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Yauco (Yaucoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 del Departamento de Agricultura. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 del Departamento de Obras Públicas (Coop Acop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 del Tribunal General de Justicia (JUDICOOP). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Empleados Centro Medico. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Empleados de la Autoridad de Energía Eléctrica (CoopAEE). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Familiar Progresista. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Hermanos Unidos. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 ISLACOOP. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Jesús Obrero. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Candelaria (Candelcoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Casa del Trabajador (CONFIA). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Comerieña. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Puertorriqueña. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Regla de Oro. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 La Sagrada Familia (SagradaCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 MediCoop. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Moroveña. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Naguabeña. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Oriental. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Padre Mac Donald. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Parrocoop. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Pepiniana. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Roosevelt Roads. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Santa Isabel. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Saulo D. Rodriguez (Gura-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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Unión de Tronquistas. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Universidad de Puerto Rico (UniversiCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Vegabajeña (Vegabajeña 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Yabucoeña (YabuCoop). 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Los Hermanos. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Rico Dairy. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Rodríguez Hidalgo. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 San José. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Zeno Gandía. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Credi Coop San Blas. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 EduCoop. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Electro-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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
Mobile Banking Service
Terms and Conditions of Use
Updated and effective from January 20, 2023
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 FirstBank Puerto Rico (“FirstBank”). 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 FirstBank.
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:
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. FirstBank, 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 FirstBank 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/or 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:
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 FirstBank 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 FirstBank 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. FirstBank 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 FirstBank 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 FirstBank 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 FirstBank 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, FirstBank 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 7:00 a.m. to 9:00 p.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:
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 FirstBank 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]. Nevertheless, you will remain responsible for all of your obligations related to the Service prior to termination; obligations regarding conduct and prohibited activities, indemnity, copyrights and trademarks, and any other that by its nature should survive the termination of the Service, will remain in effect even if you terminate your participation in the Service. 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. FIRSTBANK 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. FIRSTBANK, 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 FIRSTBANK, 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 FIRSTBANK, 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 FIRSTBANK, 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 FirstBank 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 FirstBank 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.
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 GE 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Lomas Verdes Cooperativa. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 Oriental Bank Puerto Rico (“Oriental Bank”). 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 Oriental Bank.
“App” mean the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
“ATH Card” mean the ATH debit card that corresponds to the Designated Account.
“ath.business” means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
“Designated Account” mean the deposit account of the user in Oriental Bank that (i) the user selected to receive Payments through the Service and (ii) corresponds to the business that uses the Service.
“Device” mean the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
“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.
“Password” mean the secret code that the user assigns to the user’s Service account.
“pATH” means the unique name that the user created to identify their business on the Service.
“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.
“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 Oriental Bank
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. Oriental Bank, 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 Oriental Bank 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 [email protected] 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 Oriental Bank 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 Oriental Bank 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. Oriental Bank 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 [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 [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 [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 Oriental Bank 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 Oriental Bank 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 Oriental Bank 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, Oriental Bank 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 7:00 a.m. to 9:00 p.m., or by sending an email [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 (the “Original Agreements with Oriental Bank”) 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 Oriental Bank, 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 [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 Serviceis 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 Oriental Bank 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 [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. ORIENTAL BANK 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. ORIENTAL BANK, 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 ORIENTAL BANK, 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 ORIENTAL BANK, 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 ORIENTAL BANK, 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 [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 Oriental Bank 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 Oriental Bank 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.
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 Puerto Rico 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 San Miguel Cooperativa. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 San Rafael Cooperativa. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 TuCoop. 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.
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 VAPR 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.
"App" means the ATH Business application for iOS or Android, available through the Apple App Store or Google Play Store, respectively.
"ATH Card" means the ATH debit card that corresponds to the Designated Account.
"ath.business" means the Internet page of the Service operated by Evertec, through which a user can also obtain information about the Service.
"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.
"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.
"Device" means the mobile phone or tablet, iOS or Android, that the user uses to access and use the Service.
"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.
"Password" means the secret code that the user assigns to the user’s Service account.
"pATH" means the unique name that the user created to identify their business on the Service.
"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.
"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.