Terms and Conditions

Participating institutions

Banco Popular of Puerto Rico


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 (“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 lets businesses (1) receive payments from ATH Móvil® users, (2) issue disbursement of funds and 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.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. 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.

  6. 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.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 your business accepts Payments through ATH Móvil, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Some businesses, as determined by Evertec, may generate disbursements to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions.

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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on the mobile app of your business registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 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 initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with BPPR”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with BPPR, “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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section of these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BPPR AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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 SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, 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 SERVICE, 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 FROM 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Caribe Federal Credit Union

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Caribe Federal Credit Union.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Caribe Federal Credit Union that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Caribe Federal Credit Union deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Caribe Federal Credit Union.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Caribe Federal Credit Union, 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 Caribe Federal Credit Union 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Caribe Federal Credit Union 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 Caribe Federal Credit Union 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. Caribe Federal Credit Union 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Caribe Federal Credit Union 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 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 Caribe Federal Credit Union 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 Caribe Federal Credit Union 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, Caribe Federal Credit Union, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Caribe Federal Credit Union”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Caribe Federal Credit Union, “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) 474-5151.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Caribe Federal Credit Union 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Caribe Federal Credit Union AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Caribe Federal Credit Union, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Caribe Federal Credit Union, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Caribe Federal Credit Union 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Coop. Colegio de Ingenieros y Agrimensores CIAPR

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Coop. Colegio de Ingenieros y Agrimensores CIAPR that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Coop. Colegio de Ingenieros y Agrimensores CIAPR deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Coop. Colegio de Ingenieros y Agrimensores CIAPR, 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Coop. Colegio de Ingenieros y Agrimensores CIAPR 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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. Coop. Colegio de Ingenieros y Agrimensores CIAPR 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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, Coop. Colegio de Ingenieros y Agrimensores CIAPR, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Coop. Colegio de Ingenieros y Agrimensores CIAPR”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Coop. Colegio de Ingenieros y Agrimensores CIAPR, “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) 751-1248.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Coop. Colegio de Ingenieros y Agrimensores CIAPR AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Coop. Colegio de Ingenieros y Agrimensores CIAPR, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Coop. Colegio de Ingenieros y Agrimensores CIAPR, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Coop. Colegio de Ingenieros y Agrimensores CIAPR 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Coop. Empleados Municpales Guaynabo (MuniCoop)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Coop. Empleados Municpales Guaynabo (MuniCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Coop. Empleados Municpales Guaynabo (MuniCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Coop. Empleados Municpales Guaynabo (MuniCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Coop. Empleados Municpales Guaynabo (MuniCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Coop. Empleados Municpales Guaynabo (MuniCoop), 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Coop. Empleados Municpales Guaynabo (MuniCoop) 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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. Coop. Empleados Municpales Guaynabo (MuniCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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, Coop. Empleados Municpales Guaynabo (MuniCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Coop. Empleados Municpales Guaynabo (MuniCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Coop. Empleados Municpales Guaynabo (MuniCoop), “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) 720-2470.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Coop. Empleados Municpales Guaynabo (MuniCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Coop. Empleados Municpales Guaynabo (MuniCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Coop. Empleados Municpales Guaynabo (MuniCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Coop. Empleados Municpales Guaynabo (MuniCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Coop. Hatillo (Haticoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Coop. Hatillo (Haticoop) (“Coop. Hatillo (Haticoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Coop. Hatillo (Haticoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Coop. Hatillo (Haticoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Coop. Hatillo (Haticoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Coop. Hatillo (Haticoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Coop. Hatillo (Haticoop), 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 Coop. Hatillo (Haticoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Coop. Hatillo (Haticoop) 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 Coop. Hatillo (Haticoop) 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. Coop. Hatillo (Haticoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Coop. Hatillo (Haticoop) 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 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 Coop. Hatillo (Haticoop) 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 Coop. Hatillo (Haticoop) 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, Coop. Hatillo (Haticoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Coop. Hatillo (Haticoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Coop. Hatillo (Haticoop), “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) 898-3260.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Coop. Hatillo (Haticoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Coop. Hatillo (Haticoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Coop. Hatillo (Haticoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Coop. Hatillo (Haticoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Coop. Hatillo (Haticoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

CooPACA Arecibo

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through CooPACA Arecibo (“CooPACA Arecibo”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 CooPACA Arecibo.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the CooPACA Arecibo that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's CooPACA Arecibo deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 CooPACA Arecibo.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. CooPACA Arecibo, 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 CooPACA Arecibo 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by CooPACA Arecibo 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 CooPACA Arecibo 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. CooPACA Arecibo 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 CooPACA Arecibo 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 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 CooPACA Arecibo 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 CooPACA Arecibo 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, CooPACA Arecibo, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with CooPACA Arecibo”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with CooPACA Arecibo, “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) 878-2095.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 CooPACA Arecibo 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CooPACA Arecibo AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. CooPACA Arecibo, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 CooPACA Arecibo, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 CooPACA Arecibo 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP), 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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. Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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, Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP), “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) 622-3055.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Abraham Rosa (ARCOOP) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop), 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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. Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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, Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop), “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) 847-5640.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Agustín Burgos (VillaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop), 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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. Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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, Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop), “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) 735-4131.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Aiboniteña (BoniCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Ana G. Méndez

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Ana G. Méndez.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Ana G. Méndez that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Ana G. Méndez deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Ana G. Méndez.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Ana G. Méndez, 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Ana G. Méndez 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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. Cooperativa de Ahorro y Crédito Ana G. Méndez 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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, Cooperativa de Ahorro y Crédito Ana G. Méndez, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Ana G. Méndez”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Ana G. Méndez, “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) 751-0178.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Ana G. Méndez AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Ana G. Méndez, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Ana G. Méndez, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Ana G. Méndez 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Barrio Quebrada

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Barrio Quebrada.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Barrio Quebrada that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Barrio Quebrada deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Barrio Quebrada.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Barrio Quebrada, 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Barrio Quebrada 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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. Cooperativa de Ahorro y Crédito Barrio Quebrada 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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, Cooperativa de Ahorro y Crédito Barrio Quebrada, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Barrio Quebrada”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Barrio Quebrada, “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) 898-7979.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Barrio Quebrada AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Barrio Quebrada, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Barrio Quebrada, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Barrio Quebrada 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Caguas (CaguasCoop)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Caguas (CaguasCoop), 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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. Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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, Cooperativa de Ahorro y Crédito Caguas (CaguasCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Caguas (CaguasCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Caguas (CaguasCoop), “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) 286-8500.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Caguas (CaguasCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Caguas (CaguasCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP)

ATH BusinessTM

Terms and Conditions of Use

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

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP), 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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. Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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, Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP), “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) 727-7915.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Centro Gubernamental Minillas (GUBECOOP) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) (“Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop), 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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. Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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, Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop), “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) 739-7700.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Cidreña (Cidreña Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Cupey Alto

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Cupey Alto (“Cooperativa de Ahorro y Crédito Cupey Alto”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Cupey Alto.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Cupey Alto that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Cupey Alto deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Cupey Alto.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Cupey Alto, 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 Cooperativa de Ahorro y Crédito Cupey Alto 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Cupey Alto 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 Cooperativa de Ahorro y Crédito Cupey Alto 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. Cooperativa de Ahorro y Crédito Cupey Alto 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Cupey Alto 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 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 Cooperativa de Ahorro y Crédito Cupey Alto 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 Cooperativa de Ahorro y Crédito Cupey Alto 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, Cooperativa de Ahorro y Crédito Cupey Alto, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Cupey Alto”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Cupey Alto, “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) 760-2260.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Cupey Alto 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Cupey Alto AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Cupey Alto, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Cupey Alto, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Cupey Alto 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Custo-Coop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Custo-Coop (“Cooperativa de Ahorro y Crédito Custo-Coop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Custo-Coop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Custo-Coop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Custo-Coop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Custo-Coop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Custo-Coop, 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 Cooperativa de Ahorro y Crédito Custo-Coop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Custo-Coop 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 Cooperativa de Ahorro y Crédito Custo-Coop 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. Cooperativa de Ahorro y Crédito Custo-Coop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Custo-Coop 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 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 Cooperativa de Ahorro y Crédito Custo-Coop 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 Cooperativa de Ahorro y Crédito Custo-Coop 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, Cooperativa de Ahorro y Crédito Custo-Coop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Custo-Coop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Custo-Coop, “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) 751-7894.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Custo-Coop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Custo-Coop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Custo-Coop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Custo-Coop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Custo-Coop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Adjuntas

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Adjuntas (“Cooperativa de Ahorro y Crédito de Adjuntas”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Adjuntas.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Adjuntas that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Adjuntas deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Adjuntas.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Adjuntas, 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 Cooperativa de Ahorro y Crédito de Adjuntas 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Adjuntas 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 Cooperativa de Ahorro y Crédito de Adjuntas 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. Cooperativa de Ahorro y Crédito de Adjuntas 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Adjuntas 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 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 Cooperativa de Ahorro y Crédito de Adjuntas 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 Cooperativa de Ahorro y Crédito de Adjuntas 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, Cooperativa de Ahorro y Crédito de Adjuntas, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Adjuntas”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Adjuntas, “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) 829-3290.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Adjuntas 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Adjuntas AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Adjuntas, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Adjuntas, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Adjuntas 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Aguada

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Aguada (“Cooperativa de Ahorro y Crédito de Aguada”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Aguada.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Aguada that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Aguada deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Aguada.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Aguada, 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 Cooperativa de Ahorro y Crédito de Aguada 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Aguada 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 Cooperativa de Ahorro y Crédito de Aguada 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. Cooperativa de Ahorro y Crédito de Aguada 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Aguada 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 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 Cooperativa de Ahorro y Crédito de Aguada 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 Cooperativa de Ahorro y Crédito de Aguada 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, Cooperativa de Ahorro y Crédito de Aguada, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Aguada”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Aguada, “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) 806-3000.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Aguada 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Aguada AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Aguada, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Aguada, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Aguada 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Aguadilla

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Aguadilla (“Cooperativa de Ahorro y Crédito de Aguadilla”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Aguadilla.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Aguadilla that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Aguadilla deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Aguadilla.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Aguadilla, 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 Cooperativa de Ahorro y Crédito de Aguadilla 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Aguadilla 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 Cooperativa de Ahorro y Crédito de Aguadilla 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. Cooperativa de Ahorro y Crédito de Aguadilla 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Aguadilla 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 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 Cooperativa de Ahorro y Crédito de Aguadilla 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 Cooperativa de Ahorro y Crédito de Aguadilla 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, Cooperativa de Ahorro y Crédito de Aguadilla, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Aguadilla”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Aguadilla, “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) 891 1755.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Aguadilla 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Aguadilla AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Aguadilla, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Aguadilla, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Aguadilla 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) (“Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop), 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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. Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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, Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop), “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) 732-4036.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Aguas Buenas (BuenaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Añasco (Añascoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Añasco (Añascoop) (“Cooperativa de Ahorro y Crédito de Añasco (Añascoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Añasco (Añascoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Añasco (Añascoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Añasco (Añascoop), 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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. Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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, Cooperativa de Ahorro y Crédito de Añasco (Añascoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Añasco (Añascoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Añasco (Añascoop), “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 787.826.2655 , 787.826.2310 o 787.826.3066.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Añasco (Añascoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Añasco (Añascoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Añasco (Añascoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) (“Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop), 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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. Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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, Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop), “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) 857-3500.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Barranquitas (Credicentro-Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Cabo Rojo

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Cabo Rojo (“Cooperativa de Ahorro y Crédito de Cabo Rojo”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Cabo Rojo.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Cabo Rojo that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Cabo Rojo deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Cabo Rojo.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Cabo Rojo, 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Cabo Rojo 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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. Cooperativa de Ahorro y Crédito de Cabo Rojo 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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, Cooperativa de Ahorro y Crédito de Cabo Rojo, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Cabo Rojo”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Cabo Rojo, “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) 851-1337.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Cabo Rojo AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Cabo Rojo, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Cabo Rojo, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Cabo Rojo 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Camuy

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Camuy (“Cooperativa de Ahorro y Crédito de Camuy”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Camuy.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Camuy that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Camuy deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Camuy.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Camuy, 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 Cooperativa de Ahorro y Crédito de Camuy 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Camuy 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 Cooperativa de Ahorro y Crédito de Camuy 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. Cooperativa de Ahorro y Crédito de Camuy 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Camuy 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 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 Cooperativa de Ahorro y Crédito de Camuy 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 Cooperativa de Ahorro y Crédito de Camuy 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, Cooperativa de Ahorro y Crédito de Camuy, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Camuy”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Camuy, “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) 898-4970.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Camuy 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Camuy AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Camuy, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Camuy, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Camuy 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) (“Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop), 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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. Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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, Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop), “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 787-792-1302.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Caparra (CaparraCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) (“Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”), 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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. Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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, Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”), “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) 653-3780.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Empleados de Grupo HIMA San Pablo (“Coop”) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) (“Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop), 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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. Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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, Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop), “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) 751-5050.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Empleados de la CFSE (Fondo Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Florida (FloridaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) (“Cooperativa de Ahorro y Crédito de Florida (FloridaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Florida (FloridaCoop), 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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. Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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, Cooperativa de Ahorro y Crédito de Florida (FloridaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Florida (FloridaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Florida (FloridaCoop), “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) 822-2630.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Florida (FloridaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Florida (FloridaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) (“Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop), 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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. Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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, Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop), “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) 835-2480.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Guayanilla (Caribe Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) (“Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop), 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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. Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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, Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop), “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) 872-2265.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Isabela (IsabelaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) (“Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop), 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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. Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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, Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop), “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) 828-4410.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Jayuya (Jayucoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Juana Díaz

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Juana Díaz (“Cooperativa de Ahorro y Crédito de Juana Díaz”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Juana Díaz.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Juana Díaz that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Juana Díaz deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Juana Díaz.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Juana Díaz, 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Juana Díaz 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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. Cooperativa de Ahorro y Crédito de Juana Díaz 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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, Cooperativa de Ahorro y Crédito de Juana Díaz, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Juana Díaz”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Juana Díaz, “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) 837-2575.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Juana Díaz 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Juana Díaz AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Juana Díaz, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Juana Díaz, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Juana Díaz 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) (“Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop), 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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. Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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, Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop), “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) 620-2667.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de la Federación de Maestros de Puerto Rico (FedeCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) (“Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP), 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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. Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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, Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP), “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) 701-5555.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de la Industria Biofarmacéutica (BioPharma COOP) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Lajas (LajasCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) (“Cooperativa de Ahorro y Crédito de Lajas (LajasCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Lajas (LajasCoop), 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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. Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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, Cooperativa de Ahorro y Crédito de Lajas (LajasCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Lajas (LajasCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Lajas (LajasCoop), “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) 899-1120.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Lajas (LajasCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Lajas (LajasCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Lares y Región Central

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Lares y Región Central (“Cooperativa de Ahorro y Crédito de Lares y Región Central”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Lares y Región Central.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Lares y Región Central that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Lares y Región Central deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Lares y Región Central.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Lares y Región Central, 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Lares y Región Central 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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. Cooperativa de Ahorro y Crédito de Lares y Región Central 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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, Cooperativa de Ahorro y Crédito de Lares y Región Central, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Lares y Región Central”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Lares y Región Central, “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) 897-3400.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Lares y Región Central AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Lares y Región Central, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Lares y Región Central, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Lares y Región Central 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Las Piedras

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Las Piedras (“Cooperativa de Ahorro y Crédito de Las Piedras”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Las Piedras.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Las Piedras that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Las Piedras deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Las Piedras.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Las Piedras, 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 Cooperativa de Ahorro y Crédito de Las Piedras 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Las Piedras 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 Cooperativa de Ahorro y Crédito de Las Piedras 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. Cooperativa de Ahorro y Crédito de Las Piedras 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Las Piedras 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 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 Cooperativa de Ahorro y Crédito de Las Piedras 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 Cooperativa de Ahorro y Crédito de Las Piedras 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, Cooperativa de Ahorro y Crédito de Las Piedras, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Las Piedras”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Las Piedras, “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) 733-2821.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Las Piedras 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Las Piedras AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Las Piedras, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Las Piedras, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Las Piedras 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación (“Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación, 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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. Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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, Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación, “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) 520-7111.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa De Ahorro Y Crédito De Los Empleados Del Departamento De Educación 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Manatí (CoopManatí)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) (“Cooperativa de Ahorro y Crédito de Manatí (CoopManatí)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Manatí (CoopManatí), 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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. Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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, Cooperativa de Ahorro y Crédito de Manatí (CoopManatí), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Manatí (CoopManatí)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Manatí (CoopManatí), “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) 854-2214.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Manatí (CoopManatí), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Manatí (CoopManatí) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Maunabo

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Maunabo (“Cooperativa de Ahorro y Crédito de Maunabo”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Maunabo.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Maunabo that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Maunabo deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Maunabo.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Maunabo, 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 Cooperativa de Ahorro y Crédito de Maunabo 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Maunabo 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 Cooperativa de Ahorro y Crédito de Maunabo 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. Cooperativa de Ahorro y Crédito de Maunabo 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Maunabo 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 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 Cooperativa de Ahorro y Crédito de Maunabo 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 Cooperativa de Ahorro y Crédito de Maunabo 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, Cooperativa de Ahorro y Crédito de Maunabo, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Maunabo”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Maunabo, “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) 861-2240.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Maunabo 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Maunabo AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Maunabo, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Maunabo, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Maunabo 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Mayagüez

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Mayagüez (“Cooperativa de Ahorro y Crédito de Mayagüez”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Mayagüez.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Mayagüez that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Mayagüez deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Mayagüez.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Mayagüez, 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 Cooperativa de Ahorro y Crédito de Mayagüez 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Mayagüez 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 Cooperativa de Ahorro y Crédito de Mayagüez 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. Cooperativa de Ahorro y Crédito de Mayagüez 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Mayagüez 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 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 Cooperativa de Ahorro y Crédito de Mayagüez 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 Cooperativa de Ahorro y Crédito de Mayagüez 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, Cooperativa de Ahorro y Crédito de Mayagüez, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Mayagüez”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Mayagüez, “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) 832-6555.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Mayagüez 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Mayagüez AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Mayagüez, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Mayagüez, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Mayagüez 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Moca (MocaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Moca (MocaCoop) (“Cooperativa de Ahorro y Crédito de Moca (MocaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Moca (MocaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Moca (MocaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Moca (MocaCoop), 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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. Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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, Cooperativa de Ahorro y Crédito de Moca (MocaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Moca (MocaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Moca (MocaCoop), “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) 877-2730.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Moca (MocaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Moca (MocaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Moca (MocaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Rincón

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Rincón (“Cooperativa de Ahorro y Crédito de Rincón”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Rincón.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Rincón that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Rincón deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Rincón.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Rincón, 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 Cooperativa de Ahorro y Crédito de Rincón 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Rincón 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 Cooperativa de Ahorro y Crédito de Rincón 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. Cooperativa de Ahorro y Crédito de Rincón 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Rincón 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 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 Cooperativa de Ahorro y Crédito de Rincón 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 Cooperativa de Ahorro y Crédito de Rincón 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, Cooperativa de Ahorro y Crédito de Rincón, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Rincón”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Rincón, “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) 823-1515.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Rincón 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Rincón AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Rincón, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Rincón, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Rincón 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Salinas (SaliCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) (“Cooperativa de Ahorro y Crédito de Salinas (SaliCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Salinas (SaliCoop), 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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. Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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, Cooperativa de Ahorro y Crédito de Salinas (SaliCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Salinas (SaliCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Salinas (SaliCoop), “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) 824-2290.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Salinas (SaliCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Salinas (SaliCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) (“Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop), 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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. Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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, Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop), “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) 734-5291.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Valenciano (ValenCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) (“Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop), 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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. Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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, Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop), “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) 883-4360.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Vega Alta (VegaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito de Yauco (Yaucoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) (“Cooperativa de Ahorro y Crédito de Yauco (Yaucoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito de Yauco (Yaucoop), 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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. Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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, Cooperativa de Ahorro y Crédito de Yauco (Yaucoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito de Yauco (Yaucoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito de Yauco (Yaucoop), “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) 856-1820.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito de Yauco (Yaucoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito de Yauco (Yaucoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito del Departamento de Agricultura

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito del Departamento de Agricultura (“Cooperativa de Ahorro y Crédito del Departamento de Agricultura”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito del Departamento de Agricultura that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito del Departamento de Agricultura deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito del Departamento de Agricultura, 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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. Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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, Cooperativa de Ahorro y Crédito del Departamento de Agricultura, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito del Departamento de Agricultura”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito del Departamento de Agricultura, “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) 723-1513.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito del Departamento de Agricultura AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito del Departamento de Agricultura, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito del Departamento de Agricultura 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) (“Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop), 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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. Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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, Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop), “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) 723-9533.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito del Departamento de Obras Públicas (Coop Acop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) (“Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP), 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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. Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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, Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP), “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) 766-1400.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito del Tribunal General de Justicia (JUDICOOP) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Empleados Centro Medico

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Empleados Centro Medico (“Cooperativa de Ahorro y Crédito Empleados Centro Medico”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Empleados Centro Medico that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Empleados Centro Medico deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Empleados Centro Medico, 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Empleados Centro Medico 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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. Cooperativa de Ahorro y Crédito Empleados Centro Medico 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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, Cooperativa de Ahorro y Crédito Empleados Centro Medico, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Empleados Centro Medico”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Empleados Centro Medico, “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) 282-7996.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Empleados Centro Medico AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Empleados Centro Medico, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Empleados Centro Medico, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Empleados Centro Medico 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) (“Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE), 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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. Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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, Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE), “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) 725-8811.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Empleados de la Autoridad de Energía Eléctrica (CoopAEE) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Familiar Progresista

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Familiar Progresista (“Cooperativa de Ahorro y Crédito Familiar Progresista”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Familiar Progresista.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Familiar Progresista that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Familiar Progresista deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Familiar Progresista.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Familiar Progresista, 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Familiar Progresista 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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. Cooperativa de Ahorro y Crédito Familiar Progresista 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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, Cooperativa de Ahorro y Crédito Familiar Progresista, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Familiar Progresista”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Familiar Progresista, “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) 783-8760.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Familiar Progresista 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Familiar Progresista AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Familiar Progresista, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Familiar Progresista, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Familiar Progresista 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Hermanos Unidos

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Hermanos Unidos (“Cooperativa de Ahorro y Crédito Hermanos Unidos”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Hermanos Unidos.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Hermanos Unidos that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Hermanos Unidos deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Hermanos Unidos.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Hermanos Unidos, 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Hermanos Unidos 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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. Cooperativa de Ahorro y Crédito Hermanos Unidos 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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, Cooperativa de Ahorro y Crédito Hermanos Unidos, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Hermanos Unidos”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Hermanos Unidos, “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) 756-6161.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Hermanos Unidos AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Hermanos Unidos, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Hermanos Unidos, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Hermanos Unidos 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito ISLACOOP

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito ISLACOOP (“Cooperativa de Ahorro y Crédito ISLACOOP”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito ISLACOOP.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito ISLACOOP that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito ISLACOOP deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito ISLACOOP.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito ISLACOOP, 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 Cooperativa de Ahorro y Crédito ISLACOOP 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito ISLACOOP 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 Cooperativa de Ahorro y Crédito ISLACOOP 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. Cooperativa de Ahorro y Crédito ISLACOOP 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito ISLACOOP 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 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 Cooperativa de Ahorro y Crédito ISLACOOP 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 Cooperativa de Ahorro y Crédito ISLACOOP 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, Cooperativa de Ahorro y Crédito ISLACOOP, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito ISLACOOP”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito ISLACOOP, “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) 769-0206.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito ISLACOOP 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito ISLACOOP AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito ISLACOOP, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito ISLACOOP, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito ISLACOOP 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Jesús Obrero

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Jesús Obrero (“Cooperativa de Ahorro y Crédito Jesús Obrero”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Jesús Obrero.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Jesús Obrero that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Jesús Obrero deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Jesús Obrero.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Jesús Obrero, 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Jesús Obrero 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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. Cooperativa de Ahorro y Crédito Jesús Obrero 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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, Cooperativa de Ahorro y Crédito Jesús Obrero, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Jesús Obrero”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Jesús Obrero, “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) 720-6209.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Jesús Obrero 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Jesús Obrero AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Jesús Obrero, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Jesús Obrero, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Jesús Obrero 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) (“Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop), 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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. Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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, Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop), “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) 854-1620.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Candelaria (Candelcoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) (“Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA), 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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. Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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, Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA), “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) 765-5925.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Casa del Trabajador (CONFIA) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Comerieña

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Comerieña (“Cooperativa de Ahorro y Crédito La Comerieña”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Comerieña.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Comerieña that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Comerieña deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Comerieña.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Comerieña, 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 Cooperativa de Ahorro y Crédito La Comerieña 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Comerieña 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 Cooperativa de Ahorro y Crédito La Comerieña 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. Cooperativa de Ahorro y Crédito La Comerieña 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Comerieña 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 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 Cooperativa de Ahorro y Crédito La Comerieña 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 Cooperativa de Ahorro y Crédito La Comerieña 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, Cooperativa de Ahorro y Crédito La Comerieña, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Comerieña”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Comerieña, “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) 875-2540.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Comerieña 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Comerieña AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Comerieña, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Comerieña, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Comerieña 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Puertorriqueña

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Puertorriqueña (“Cooperativa de Ahorro y Crédito La Puertorriqueña”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Puertorriqueña.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Puertorriqueña that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Puertorriqueña deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Puertorriqueña.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Puertorriqueña, 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Puertorriqueña 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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. Cooperativa de Ahorro y Crédito La Puertorriqueña 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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, Cooperativa de Ahorro y Crédito La Puertorriqueña, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Puertorriqueña”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Puertorriqueña, “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) 750-6555.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Puertorriqueña AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Puertorriqueña, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Puertorriqueña, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Puertorriqueña 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Regla de Oro

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Regla de Oro (“Cooperativa de Ahorro y Crédito La Regla de Oro”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Regla de Oro.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Regla de Oro that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Regla de Oro deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Regla de Oro.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Regla de Oro, 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Regla de Oro 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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. Cooperativa de Ahorro y Crédito La Regla de Oro 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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, Cooperativa de Ahorro y Crédito La Regla de Oro, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Regla de Oro”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Regla de Oro, “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) 799-3612.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Regla de Oro 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Regla de Oro AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Regla de Oro, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Regla de Oro, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Regla de Oro 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) (“Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop), 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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. Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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, Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop), “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) 859-2650.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito La Sagrada Familia (SagradaCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito MediCoop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito MediCoop (“Cooperativa de Ahorro y Crédito MediCoop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito MediCoop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito MediCoop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito MediCoop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito MediCoop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito MediCoop, 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 Cooperativa de Ahorro y Crédito MediCoop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito MediCoop 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 Cooperativa de Ahorro y Crédito MediCoop 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. Cooperativa de Ahorro y Crédito MediCoop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito MediCoop 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 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 Cooperativa de Ahorro y Crédito MediCoop 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 Cooperativa de Ahorro y Crédito MediCoop 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, Cooperativa de Ahorro y Crédito MediCoop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito MediCoop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito MediCoop, “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) 763-8611.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito MediCoop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito MediCoop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito MediCoop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito MediCoop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito MediCoop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Moroveña

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Moroveña (“Cooperativa de Ahorro y Crédito Moroveña”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Moroveña.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Moroveña that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Moroveña deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Moroveña.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Moroveña, 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 Cooperativa de Ahorro y Crédito Moroveña 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Moroveña 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 Cooperativa de Ahorro y Crédito Moroveña 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. Cooperativa de Ahorro y Crédito Moroveña 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Moroveña 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 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 Cooperativa de Ahorro y Crédito Moroveña 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 Cooperativa de Ahorro y Crédito Moroveña 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, Cooperativa de Ahorro y Crédito Moroveña, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Moroveña”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Moroveña, “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) 862-7440.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Moroveña 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Moroveña AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Moroveña, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Moroveña, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Moroveña 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Naguabeña

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Naguabeña (“Cooperativa de Ahorro y Crédito Naguabeña”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Naguabeña.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Naguabeña that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Naguabeña deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Naguabeña.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Naguabeña, 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 Cooperativa de Ahorro y Crédito Naguabeña 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Naguabeña 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 Cooperativa de Ahorro y Crédito Naguabeña 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. Cooperativa de Ahorro y Crédito Naguabeña 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Naguabeña 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 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 Cooperativa de Ahorro y Crédito Naguabeña 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 Cooperativa de Ahorro y Crédito Naguabeña 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, Cooperativa de Ahorro y Crédito Naguabeña, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Naguabeña”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Naguabeña, “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) 874-2185.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Naguabeña 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Naguabeña AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Naguabeña, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Naguabeña, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Naguabeña 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Oriental

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Oriental (“Cooperativa de Ahorro y Crédito Oriental”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Oriental.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Oriental that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Oriental deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Oriental.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Oriental, 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 Cooperativa de Ahorro y Crédito Oriental 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Oriental 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 Cooperativa de Ahorro y Crédito Oriental 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. Cooperativa de Ahorro y Crédito Oriental 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Oriental 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 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 Cooperativa de Ahorro y Crédito Oriental 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 Cooperativa de Ahorro y Crédito Oriental 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, Cooperativa de Ahorro y Crédito Oriental, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Oriental”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Oriental, “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) 852-0964.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Oriental 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Oriental AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Oriental, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Oriental, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Oriental 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Padre Mac Donald

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Padre Mac Donald (“Cooperativa de Ahorro y Crédito Padre Mac Donald”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Padre Mac Donald.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Padre Mac Donald that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Padre Mac Donald deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Padre Mac Donald.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Padre Mac Donald, 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Padre Mac Donald 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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. Cooperativa de Ahorro y Crédito Padre Mac Donald 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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, Cooperativa de Ahorro y Crédito Padre Mac Donald, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Padre Mac Donald”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Padre Mac Donald, “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) 840-8382.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Padre Mac Donald AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Padre Mac Donald, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Padre Mac Donald, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Padre Mac Donald 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Parrocoop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Parrocoop (“Cooperativa de Ahorro y Crédito Parrocoop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Parrocoop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Parrocoop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Parrocoop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Parrocoop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Parrocoop, 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 Cooperativa de Ahorro y Crédito Parrocoop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Parrocoop 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 Cooperativa de Ahorro y Crédito Parrocoop 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. Cooperativa de Ahorro y Crédito Parrocoop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Parrocoop 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 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 Cooperativa de Ahorro y Crédito Parrocoop 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 Cooperativa de Ahorro y Crédito Parrocoop 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, Cooperativa de Ahorro y Crédito Parrocoop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Parrocoop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Parrocoop, “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) 847-2660.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Parrocoop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Parrocoop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Parrocoop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Parrocoop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Parrocoop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Pepiniana

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Pepiniana (“Cooperativa de Ahorro y Crédito Pepiniana”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Pepiniana.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Pepiniana that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Pepiniana deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Pepiniana.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Pepiniana, 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 Cooperativa de Ahorro y Crédito Pepiniana 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Pepiniana 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 Cooperativa de Ahorro y Crédito Pepiniana 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. Cooperativa de Ahorro y Crédito Pepiniana 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Pepiniana 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 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 Cooperativa de Ahorro y Crédito Pepiniana 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 Cooperativa de Ahorro y Crédito Pepiniana 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, Cooperativa de Ahorro y Crédito Pepiniana, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Pepiniana”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Pepiniana, “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) 896-1544.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Pepiniana 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Pepiniana AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Pepiniana, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Pepiniana, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Pepiniana 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Roosevelt Roads

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Roosevelt Roads (“Cooperativa de Ahorro y Crédito Roosevelt Roads”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Roosevelt Roads.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Roosevelt Roads that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Roosevelt Roads deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Roosevelt Roads.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Roosevelt Roads, 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Roosevelt Roads 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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. Cooperativa de Ahorro y Crédito Roosevelt Roads 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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, Cooperativa de Ahorro y Crédito Roosevelt Roads, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Roosevelt Roads”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Roosevelt Roads, “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) 863-3045.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Roosevelt Roads AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Roosevelt Roads, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Roosevelt Roads, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Roosevelt Roads 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Santa Isabel

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Santa Isabel (“Cooperativa de Ahorro y Crédito Santa Isabel”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Santa Isabel.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Santa Isabel that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Santa Isabel deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Santa Isabel.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Santa Isabel, 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 Cooperativa de Ahorro y Crédito Santa Isabel 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Santa Isabel 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 Cooperativa de Ahorro y Crédito Santa Isabel 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. Cooperativa de Ahorro y Crédito Santa Isabel 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Santa Isabel 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 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 Cooperativa de Ahorro y Crédito Santa Isabel 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 Cooperativa de Ahorro y Crédito Santa Isabel 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, Cooperativa de Ahorro y Crédito Santa Isabel, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Santa Isabel”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Santa Isabel, “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) 845-0005.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Santa Isabel 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Santa Isabel AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Santa Isabel, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Santa Isabel, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Santa Isabel 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) (“Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop), 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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. Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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, Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop), “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) 737-3501.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Saulo D. Rodriguez (Gura-Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Unión de Tronquistas

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Unión de Tronquistas (“Cooperativa de Ahorro y Crédito Unión de Tronquistas”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Unión de Tronquistas that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Unión de Tronquistas deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Unión de Tronquistas, 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Unión de Tronquistas 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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. Cooperativa de Ahorro y Crédito Unión de Tronquistas 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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, Cooperativa de Ahorro y Crédito Unión de Tronquistas, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Unión de Tronquistas”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Unión de Tronquistas, “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) 723-0996.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Unión de Tronquistas AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Unión de Tronquistas, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Unión de Tronquistas, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Unión de Tronquistas 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) (“Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop), 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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. Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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, Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop), “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) 771-0190.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Universidad de Puerto Rico (UniversiCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) (“Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop), 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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. Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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, Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop), “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) 855-3442.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Vegabajeña (Vegabajeña Coop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop)

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) (“Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop)”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop).

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop).

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop), 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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. Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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, Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop), and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop)”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop), “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) 893-2820.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop), EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop), EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa de Ahorro y Crédito Yabucoeña (YabuCoop) 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa Los Hermanos

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa Los Hermanos (“Cooperativa Los Hermanos”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa Los Hermanos.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa Los Hermanos that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa Los Hermanos deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa Los Hermanos.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa Los Hermanos, 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 Cooperativa Los Hermanos 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa Los Hermanos 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 Cooperativa Los Hermanos 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. Cooperativa Los Hermanos 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa Los Hermanos 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 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 Cooperativa Los Hermanos 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 Cooperativa Los Hermanos 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, Cooperativa Los Hermanos, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa Los Hermanos”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa Los Hermanos, “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) 764-5454.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa Los Hermanos 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa Los Hermanos AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa Los Hermanos, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa Los Hermanos, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa Los Hermanos 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa Rico Dairy

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa Rico Dairy (“Cooperativa Rico Dairy”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa Rico Dairy.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa Rico Dairy that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa Rico Dairy deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa Rico Dairy.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa Rico Dairy, 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 Cooperativa Rico Dairy 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa Rico Dairy 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 Cooperativa Rico Dairy 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. Cooperativa Rico Dairy 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa Rico Dairy 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 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 Cooperativa Rico Dairy 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 Cooperativa Rico Dairy 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, Cooperativa Rico Dairy, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa Rico Dairy”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa Rico Dairy, “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) 470-6402.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa Rico Dairy 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa Rico Dairy AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa Rico Dairy, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa Rico Dairy, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa Rico Dairy 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa Rodríguez Hidalgo

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa Rodríguez Hidalgo (“Cooperativa Rodríguez Hidalgo”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa Rodríguez Hidalgo.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa Rodríguez Hidalgo that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa Rodríguez Hidalgo deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa Rodríguez Hidalgo.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa Rodríguez Hidalgo, 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 Cooperativa Rodríguez Hidalgo 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa Rodríguez Hidalgo 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 Cooperativa Rodríguez Hidalgo 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. Cooperativa Rodríguez Hidalgo 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa Rodríguez Hidalgo 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 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 Cooperativa Rodríguez Hidalgo 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 Cooperativa Rodríguez Hidalgo 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, Cooperativa Rodríguez Hidalgo, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa Rodríguez Hidalgo”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa Rodríguez Hidalgo, “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) 825-1350.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa Rodríguez Hidalgo 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa Rodríguez Hidalgo AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa Rodríguez Hidalgo, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa Rodríguez Hidalgo, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa Rodríguez Hidalgo 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa San José

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa San José (“Cooperativa San José”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa San José.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa San José that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa San José deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa San José.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa San José, 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 Cooperativa San José 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa San José 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 Cooperativa San José 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. Cooperativa San José 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa San José 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 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 Cooperativa San José 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 Cooperativa San José 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, Cooperativa San José, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa San José”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa San José, “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) 735-7474.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa San José 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa San José AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa San José, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa San José, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa San José 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Cooperativa Zeno Gandía

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Cooperativa Zeno Gandía (“Cooperativa Zeno Gandía”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Cooperativa Zeno Gandía.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Cooperativa Zeno Gandía that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Cooperativa Zeno Gandía deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Cooperativa Zeno Gandía.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Cooperativa Zeno Gandía, 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 Cooperativa Zeno Gandía 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Cooperativa Zeno Gandía 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 Cooperativa Zeno Gandía 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. Cooperativa Zeno Gandía 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Cooperativa Zeno Gandía 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 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 Cooperativa Zeno Gandía 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 Cooperativa Zeno Gandía 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, Cooperativa Zeno Gandía, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Cooperativa Zeno Gandía”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Cooperativa Zeno Gandía, “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) 815-2667.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Cooperativa Zeno Gandía 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Cooperativa Zeno Gandía AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Cooperativa Zeno Gandía, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Cooperativa Zeno Gandía, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Cooperativa Zeno Gandía 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Credi Coop San Blas

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Credi Coop San Blas (“Credi Coop San Blas”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Credi Coop San Blas.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Credi Coop San Blas that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Credi Coop San Blas deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Credi Coop San Blas.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Credi Coop San Blas, 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 Credi Coop San Blas 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Credi Coop San Blas 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 Credi Coop San Blas 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. Credi Coop San Blas 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Credi Coop San Blas 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 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 Credi Coop San Blas 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 Credi Coop San Blas 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, Credi Coop San Blas, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Credi Coop San Blas”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Credi Coop San Blas, “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) 825-1175.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Credi Coop San Blas 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Credi Coop San Blas AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Credi Coop San Blas, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Credi Coop San Blas, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Credi Coop San Blas 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

EduCoop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through EduCoop (“EduCoop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 EduCoop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the EduCoop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's EduCoop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 EduCoop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. EduCoop, 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 EduCoop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by EduCoop 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 EduCoop 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. EduCoop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 EduCoop 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 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 EduCoop 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 EduCoop 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, EduCoop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with EduCoop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with EduCoop, “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) 754-7895.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 EduCoop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EduCoop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. EduCoop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 EduCoop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 EduCoop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Electro-Coop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Electro-Coop (“Electro-Coop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Electro-Coop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Electro-Coop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Electro-Coop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Electro-Coop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Electro-Coop, 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 Electro-Coop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Electro-Coop 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 Electro-Coop 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. Electro-Coop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Electro-Coop 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 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 Electro-Coop 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 Electro-Coop 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, Electro-Coop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Electro-Coop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Electro-Coop, “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) 725-3333.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Electro-Coop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Electro-Coop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Electro-Coop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Electro-Coop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Electro-Coop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

FirstBank

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service, you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service offered by Evertec (defined below) through FirstBank Puerto Rico (“FirstBank”). 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 disbursement of funds and Payment refunds, and (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 FirstBank.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and FirstBank that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's FirstBank deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 FirstBank

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. FirstBank, 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 FirstBank 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts Payments through ATH Móvil, the ATH Móvil user can scan the ATH Móvil business's QR code and send the Payment.

Donations. The Service supports the acceptance of donations through the App and the Platform. Evertec will require users who want to receive donations to provide evidence 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Payments. Any Payment, whether made via the App or the Platform, may be voided and reversed by FirstBank 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 FirstBank 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. FirstBank 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. Claims will be subject to these Terms and Conditions and to the terms and conditions of any Existing Contracts you have with us linked to the Designated Account, including, but not limited to, the Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using certain API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursements of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 FirstBank 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 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 FirstBank 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 FirstBank 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, FirstBank, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 Contracts with us regarding your Designated Account as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Existing Contracts, “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 upon 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 787-725-2511 or 1-866-695-2511 (FirstLine Solution Center).

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.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user making a Payment.

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 Service 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, as applicable. 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 FirstBank 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. On the other hand, Service availability, timeliness, and performance depend on many factors, including the location of your Device, the availability and signal strength of the wireless network, and the operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. Even if you terminate your participation in the Service, you will remain liable for all of your obligations related to such Service prior to termination. Obligations regarding prohibited conduct and activities, indemnification, copyrights and registered trademarks, and any other obligations that, by their nature, must survive the termination of the Service, will continue in effect even if you terminate your participation in the Service. We reserve the right to cancel any Service at any time without prior notice. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE AND ATH.BUSINESS OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR GOODS PROVIDED THROUGH THE SERVICE, ATH.BUSINESS, 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIRSTBANK AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. FIRSTBANK, EVERTEC, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FIRSTBANK, 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 SERVICE OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES SHALL FIRSTBANK, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, OR THE PLATFORM, OR THE SERVICE, 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 FIRSTBANK, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service 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 athbusinesssupport@evertecinc.com.

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 Existing Contracts 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the state courts in the Commonwealth of Puerto Rico.

GE Credit Union

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through GE Credit Union (“GE Credit Union”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 GE Credit Union.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the GE Credit Union that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's GE Credit Union deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 GE Credit Union.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. GE Credit Union, 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 GE Credit Union 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by GE Credit Union 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 GE Credit Union 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. GE Credit Union 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 GE Credit Union 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 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 GE Credit Union 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 GE Credit Union 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, GE Credit Union, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with GE Credit Union”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with GE Credit Union, “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 (800) 992-8472.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 GE Credit Union 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GE Credit Union AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. GE Credit Union, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 GE Credit Union, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 GE Credit Union 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Lomas Verdes Cooperativa

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Lomas Verdes Cooperativa (“Lomas Verdes Cooperativa”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Lomas Verdes Cooperativa.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Lomas Verdes Cooperativa that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Lomas Verdes Cooperativa deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Lomas Verdes Cooperativa.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Lomas Verdes Cooperativa, 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 Lomas Verdes Cooperativa 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Lomas Verdes Cooperativa 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 Lomas Verdes Cooperativa 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. Lomas Verdes Cooperativa 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Lomas Verdes Cooperativa 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 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 Lomas Verdes Cooperativa 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 Lomas Verdes Cooperativa 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, Lomas Verdes Cooperativa, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Lomas Verdes Cooperativa”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Lomas Verdes Cooperativa, “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) 787-6292.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Lomas Verdes Cooperativa 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Lomas Verdes Cooperativa AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Lomas Verdes Cooperativa, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Lomas Verdes Cooperativa, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Lomas Verdes Cooperativa 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Oriental Puerto Rico

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Oriental Puerto Rico (“Oriental Puerto Rico”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Oriental Puerto Rico.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Oriental Puerto Rico that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Oriental Puerto Rico deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Oriental Puerto Rico.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Oriental Puerto Rico, 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 Oriental Puerto Rico 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Oriental Puerto Rico 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 Oriental Puerto Rico 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. Oriental Puerto Rico 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Oriental Puerto Rico 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 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 Oriental Puerto Rico 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 Oriental Puerto Rico 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, Oriental Puerto Rico, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Oriental Puerto Rico”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Oriental Puerto Rico, “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 1 (787) 620-0000.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Oriental Puerto Rico 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Oriental Puerto Rico AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Oriental Puerto Rico, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Oriental Puerto Rico, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Oriental Puerto Rico 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

Puerto Rico Federal Credit Union

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through Puerto Rico Federal Credit Union (“Puerto Rico Federal Credit Union”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 Puerto Rico Federal Credit Union.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the Puerto Rico Federal Credit Union that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's Puerto Rico Federal Credit Union deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 Puerto Rico Federal Credit Union.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. Puerto Rico Federal Credit Union, 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 Puerto Rico Federal Credit Union 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by Puerto Rico Federal Credit Union 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 Puerto Rico Federal Credit Union 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. Puerto Rico Federal Credit Union 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 Puerto Rico Federal Credit Union 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 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 Puerto Rico Federal Credit Union 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 Puerto Rico Federal Credit Union 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, Puerto Rico Federal Credit Union, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with Puerto Rico Federal Credit Union”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with Puerto Rico Federal Credit Union, “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) 749-0500.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 Puerto Rico Federal Credit Union 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Puerto Rico Federal Credit Union AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. Puerto Rico Federal Credit Union, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 Puerto Rico Federal Credit Union, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 Puerto Rico Federal Credit Union 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

San Miguel Cooperativa

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through San Miguel Cooperativa (“San Miguel Cooperativa”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 San Miguel Cooperativa.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the San Miguel Cooperativa that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's San Miguel Cooperativa deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 San Miguel Cooperativa.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. San Miguel Cooperativa, 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 San Miguel Cooperativa 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by San Miguel Cooperativa 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 San Miguel Cooperativa 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. San Miguel Cooperativa 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 San Miguel Cooperativa 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 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 San Miguel Cooperativa 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 San Miguel Cooperativa 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, San Miguel Cooperativa, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with San Miguel Cooperativa”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with San Miguel Cooperativa, “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) 869-5440.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 San Miguel Cooperativa 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. San Miguel Cooperativa AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. San Miguel Cooperativa, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 San Miguel Cooperativa, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 San Miguel Cooperativa 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

San Rafael Cooperativa

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through San Rafael Cooperativa (“San Rafael Cooperativa”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 San Rafael Cooperativa.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the San Rafael Cooperativa that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's San Rafael Cooperativa deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 San Rafael Cooperativa.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. San Rafael Cooperativa, 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 San Rafael Cooperativa 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by San Rafael Cooperativa 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 San Rafael Cooperativa 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. San Rafael Cooperativa 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 San Rafael Cooperativa 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 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 San Rafael Cooperativa 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 San Rafael Cooperativa 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, San Rafael Cooperativa, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with San Rafael Cooperativa”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with San Rafael Cooperativa, “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) 895-2050.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 San Rafael Cooperativa 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. San Rafael Cooperativa AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. San Rafael Cooperativa, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 San Rafael Cooperativa, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 San Rafael Cooperativa 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

TuCoop

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through TuCoop (“TuCoop”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 TuCoop.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the TuCoop that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's TuCoop deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 TuCoop.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. TuCoop, 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 TuCoop 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by TuCoop 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 TuCoop 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. TuCoop 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 TuCoop 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 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 TuCoop 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 TuCoop 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, TuCoop, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with TuCoop”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with TuCoop, “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) 288-2667.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 TuCoop 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TuCoop AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. TuCoop, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 TuCoop, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 TuCoop 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.

VAPR Federal Credit Union

ATH BusinessTM

Terms and Conditions of Use

Welcome to the ATH Business service. By using the Service you agree to these Terms and Conditions of Use (“Terms and Conditions”). ATH Business is a digital payment service by Evertec (defined below) offered through VAPR Federal Credit Union (“VAPR Federal Credit Union”). ATH Business is a commercial service that allows businesses to receive electronic payments from individuals.

The Service lets businesses (1) receive payments from ATH Móvil® users, (2) issue Payment refunds and disbursement of funds, 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 VAPR Federal Credit Union.

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

  2. ath.business” means the Service website operated by Evertec where users can obtain information about the Service.

  3. Cause” means a charitable cause for which the Organizer is raising funds that has been created in the Platform and authorized by Evertec.

  4. Password” means the secret code that the user assigns to their Service account.

  5. "Existing Contracts" means the existing agreements and contracts between you and the VAPR Federal Credit Union that govern the Designated Account. These Terms and Conditions are part of, and supplement, the Existing Contracts.

  6. Designated Account” means the user's VAPR Federal Credit Union deposit account that (i) was selected by the user to receive Payments through the Service and (ii) corresponds to the business using the Service.

  7. Device” means the iOS or Android mobile phone or tablet that the user employs to access and use the Service.

  8. Evertec” means Evertec Group, LLC, a limited liability company that operates and owns the ATH® Service and Network, with headquarters in Carr. 176 Km. 1.3, San Juan, Puerto Rico.

  9. 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).

  10. 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.

  11. pATH” means the unique identifier created by the user for their business within the Service.

  12. Platform” means the “Aportaconathmóvil.com” website operated by Evertec, which ATH Móvil users may use to donate funds to a Cause.

  13. Service” means the ATH Business service.

  14. ATH Card” means the ATH debit card corresponding to the Designated Account.

Service Description and Registration

Remember that by registering for the Service, you agree to be legally bound to 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 VAPR Federal Credit Union.

  • 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 out 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 the information provided to register, 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 asked to choose a Password and a 4-digit access code to be entered 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. VAPR Federal Credit Union, 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 VAPR Federal Credit Union 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 or merchant is verified and approved by Evertec, you will be able to start using the Service right away.

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:

Name of Business 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 marketing@evertecinc.com 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 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 your business accepts ATH Móvil Payments, the user can scan the ATH Móvil business's QR code 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.

Disbursements. Depending on their nature, some businesses may generate disbursement of funds to their clients through ATH Móvil. Said businesses will be preauthorized by Evertec to generate the disbursements by implementing an API, which shall be used subject to the provisions on the API Terms of Use Section on these Terms and Conditions. Additional terms and conditions between Evertec and the business may apply.

Voiding or Reversing Transfers. Any Payment, whether made via the App or the Platform, may be voided and reversed by VAPR Federal Credit Union 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 VAPR Federal Credit Union 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. VAPR Federal Credit Union 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 athbusinesssupport@evertecinc.com.

Claims. All claims related to your Designated Account will be handled by ATH Business Service personnel when you call 787-773-5466 or email athbusinesssupport@evertecinc.com. 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 Deposit Account Agreement and the Electronic Banking Services Agreement you have with us.

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 athbusinesssupport@evertecinc.com.

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 of using the API (Application Programming Interface) codes provided, developed, and managed by Evertec (each an API or API code) to (1) generate disbursement of funds (applicable to eligible businesses preauthorized by Evertec) or (2) integrate ATH Móvil as a Payment method on your business' webpage, on your business' mobile app registered in the Service or on the Platform. You can find the API code and documentation (collectively, “Licensed Materials”) at https://ath.business. 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, the payment button is added to the Cause record and will serve as a payment method to receive Donations.

License. Evertec grants you a non-exclusive, non-transferable, non-assignable, revocable license to use the API and Licensed Materials as described in these Terms and Conditions. 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 VAPR Federal Credit Union 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 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 VAPR Federal Credit Union 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 VAPR Federal Credit Union 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, VAPR Federal Credit Union, and each of our respective directors, employees, and representatives, against liabilities, losses, costs, fees, and expenses relating to any claims, allegations, or proceedings initiated 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 athbusinesssupport@evertecinc.com.

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 (“Original Agreements with VAPR Federal Credit Union”), as well as your existing agreements with any unaffiliated service providers (e.g., your phone or Internet service provider) (“Agreements with Providers,” and collectively with the Original Agreements with VAPR Federal Credit Union, “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) 773-7600.

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 narcotics, steroids, certain controlled substances, or products that pose a safety risk to consumers.

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.

The imposition and collection of additional fees for receiving a Payment is prohibited. You accept and understand that the charges applicable to the Service will be in accordance with what is established in the "Applicable Charges" section in these Terms and Conditions, and that any charges applicable to you for using the Service shall not be added to the value of the good/service offered by your business or passed on to the ATH Móvil user when receiving a Payment.

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 Service 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 VAPR Federal Credit Union 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. On the other hand, 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 operation and configuration of the hardware and software. Neither we, nor Evertec, nor any of our service providers warrant that the Service 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 Service 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 athbusinesssupport@evertecinc.com. 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. Both we and 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, collection of additional fees for receiving a Payment, 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 and 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 SERVICE 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 SERVICE IS PROVIDED “AS IS” AND IS ACCEPTED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VAPR Federal Credit Union AND EVERTEC MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, 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. VAPR Federal Credit Union, EVERTEC, THEIR AFFILIATES, THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY SERVICE PROVIDERS, OR LICENSORS MAKE NO WARRANTY THAT THE SERVICE 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 SERVICE, INCLUDING THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR FEATURE PROVIDED THROUGH THE SERVICE.

LIMITATIONS ON LIABILITY

BY USING THE SERVICE THROUGH THE APP OR THE PLATFORM, YOU AGREE AND ACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL FINANCIAL INSTITUTION, 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 SERVICE, OR (5) ANY OTHER MATTER RELATED TO THE SERVICE. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS ARISING FROM THE USE YOU AND/OR YOUR EMPLOYEES MAKE OF THE SERVICE. 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 SERVICE, YOU AGREE AND ACKNOWLEDGE THAT THIS SECTION APPLIES TO ALL CONTENT IN ATH.BUSINESS AND IN THE PLATFORM. UNDER NO CIRCUMSTANCES FINANCIAL INSTITUTION, EVERTEC, OR ANY OTHER PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, SALE, OR DISTRIBUTION OF ATH.BUSINESS, THE PLATFORM, OR THE SERVICE, SHALL 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 VAPR Federal Credit Union, EVERTEC, AND THEIR RESPECTIVE AFFILIATES AND DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND ASSIGNEES HARMLESS 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 this Service is prohibited, including, but not limited to, any applications or software associated with the Service. 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 athbusinesssupport@evertecinc.com.

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 VAPR Federal Credit Union 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, notwithstanding any rules on conflict of laws. All causes of action of any kind arising from these Terms and Conditions will be filed in the Commonwealth of Puerto Rico.