Data Processing and Security Policy

Introduction and General Summary
Welcome and thank you for using Cobre's services and the Cobre Mexico & Colombia platform! (hereinafter, the "Platform").
The Platform is operated by Cobre (hereinafter "Pexto" or "Cobre"), which for the purposes of these Terms and Conditions, is:
Place of Contracting: ColombiaEntity: Pexto Colombia, S.A.S., a legally incorporated company
Place of Contracting: MexicoEntity: Pexto Mexico, S.A. de C.V., a company legally incorporated under the laws of the United Mexican States (Mexico).
As a user (term defined below), by accessing and using the Platform, you fully and unrestrictedly accept these terms and conditions (hereinafter the "Terms"), granting your consent and expressing your acceptance thereof, as well as the privacy policy and data processing policies contained in Pexto's Privacy Notice; which govern the services and the relationship between Pexto and the user, consequently obligating the USER to comply. Please read them carefully before proceeding, as the use of the Platform is considered tacit acceptance of these Terms, for all legal purposes.
If the User does not agree with these Terms, they must not enter and use the Services or the Platform, as their use is considered tacit acceptance of these Terms, for all legal purposes.
The use of the Services is governed by the legislation of the country of contracting (Colombia or Mexico); and its scope is mainly limited to these places of contracting, which are the countries where Cobre offers its Services.
These Terms constitute, for all legal purposes, an agreement between the User and Pexto, as administrators of the Cobre Platform, or any other name or brand it may freely choose in the future.
Pexto reserves the right to change these Terms at any time, by simply updating this publication, unilaterally and without prior notice. We recommend you visit this section periodically to review the applicable Terms.
How does it work?
The Platform is a technological tool designed and developed by Pexto, its parent company, affiliates, or subsidiaries; with the purpose of facilitating users in the provision and sending of instructions for the fulfillment of a mandate for the disbursement of payments by electronic means (the "Service"), with security and agility.
Our goal is to provide technological tools for payment disbursements, which are ordered and managed by the user him/herself; and subsequently processed through the Platform, in compliance with the user's own instructions.
The management and disbursement of payments are ordered and administered by the user in accordance with the contract previously signed between Pexto and the User. Pexto is solely the User's mandatary; and therefore, the user is responsible for their own instructions. In case of conflict between the Contract and these Terms, these Terms shall prevail.
Instructions issued by the User through the Platform are considered firm and valid instructions for execution.
The Service is provided through the indirect participation of Pexto's partners and collaborators; therefore, by using our Service, you authorize us to send your personal information to our partners, which we will do under the highest standards of confidentiality and security.
In general terms, the information we will share with our partners and collaborators is: name and surname, general location (never precise location), email address, bank details, address, and identification documents. Pexto has the right to use the personal information and/or content provided by Users, in accordance with these Terms and the Privacy Policy; and stores this information under the highest security standards; so no one will be able to see your information without your consent.
Pexto does not guarantee the availability, infallibility, and continuity of the Services. It disclaims any responsibility for damages of any nature that may arise from the use of the Services.
Who can use the Cobre Platform?
The Service is available to any person (the “User”, “You”) who has full legal capacity to enter into contracts in their country of residence and who fulfills the access and use requirements of the Platform. We reserve the right to refuse access to the Service or the Platform, as well as to cancel the account of any user, if it is detected that they do not meet these conditions for the use of the Platform or these Terms and Conditions.
The User understands and accepts that for the use of the application they must:(i) Create an Account, where the User must provide the Platform with the requested information to create their User account.(ii) Have the physical means that allow them to receive or transmit via the internet the information required for the use of the application.(iii) Have Internet access necessary for the correct operation of the Services. All Internet access charges will be borne by the User.
Without prejudice to any other use and/or processing mentioned in the aforementioned data processing policies, the information provided to Pexto will generally be used for the following purposes, which are listed by way of example, but not limited to:i. establishing communication channels with the data subjects, related to the Services that Pexto will provide through the Platform, including those mentioned in the preceding paragraphs,ii. attending to and responding to inquiries and data messages sent by Users.iii. offering services and sending content, communications, and information that Pexto deems of interest to the User.iv. evaluating the quality of services and products, v. personalized advice and support to each User.vi. marketing and advertising activities related to Pexto's corporate purpose,vii. conducting background checks.Consulting, if necessary, in accordance with the consent granted, with the Credit Bureau (Buró de Crédito) or any other risk information center, all relevant information to understand their credit behavior, payment capacity, patrimonial support, or to assess future risk.
The User declares that the information and documentation provided through the Platform are true and current, their own and/or they have authorization to provide it; and accepts and undertakes to update their information, upon the occurrence of any change or upon noticing any error at the time of registration, so that said information remains updated, authentic, accurate, and complete.
Any falsehood or non-compliance by the User invalidates Pexto's obligation to provide the Service or grant access to the Platform.
Once registered, Pexto will grant the User an account on the Platform (hereinafter, the Account). The User is the custodian of their passwords and is therefore responsible for maintaining the security of their account and restricting access to their Account to third parties. They are responsible for all activities that occur under their account, whether they have authorized the activity or not, committing to immediately notify of any unauthorized use of their account or other security violation.
In accordance with current legislation in the United Mexican States, the creation and use of the application through your user via the application and/or its electronic systems will substitute the handwritten signature and it will be understood that you accept the Terms established herein.
User Declarations
The User declares under oath, that:a) They have full legal capacity to enter into this contract:I.- In the case of a natural person: (i) they are of legal age and fully capable of entering into this contract and binding themselves by its terms, in accordance with the laws of their country of residence; (ii) in the case of a minor, or lacking full capacity to enter into this contract, their guardian or legal representative accepts this contract on their behalf.II.- In the case of a legal entity: that in accordance with the laws of its country of incorporation: (i) it is legally constituted and fully empowered to enter into this agreement; and (ii) its legal representative has sufficient and current powers and faculties to enter into this contract on its behalf, which have not been revoked or limited in any way.b) They possess all licenses, authorizations, certifications, and other permits to contract and use both the Services and the Platform.c) They have the express authorization of the ultimate beneficiaries of digital payments to collect, store, use, and transmit their personal and banking information to Cobre.d) Their information, which is correct, current, and complete, is what they provided when creating their access credentials for the Platform and what they will provide during its use; and that they have all the means of proof to demonstrate that such information is reliable.
Relationship Between the Parties
The User acknowledges and accepts that neither they nor their representatives, employees, shareholders, or collaborators have any labor relationship with Pexto. Only a civil and commercial relationship derived from the provision of services and the specific mandate for the disbursement and collection of funds generated by the use of the Platform prevails. Therefore, the User hereby releases Pexto, its employees, directors, and officers, undertaking to defend and indemnify them against any claim or judicial or administrative action filed with the aim of attributing any labor or social security responsibility on the part of the User or their employees, direct representatives, or collaborators.
This contractual relationship shall be governed by the provisions of the Contract concluded between the Parties, by these Terms, and in all matters not expressly agreed upon between the Parties, by the Commercial Code; and, additionally, by the Federal Civil Code (Mexico) or National Civil Code (Colombia), depending on the jurisdiction.
Authorized Use of the Cobre Platform
The use of the Platform is permitted for clients who have a professional and service relationship with Pexto. As a user, you may, among other things:
- Check balances and movements.
- Order and manage payments and transfers of funds to third parties under the specific mandate granted to Pexto.
Access to the Platform means that you have agreed that your use of the content and information contained therein will be for legitimate and legal purposes, and will be done in compliance with these Terms and any and all applicable laws. Transactions are irreversible; once authorized, they are debited from the user's account.
By creating a user account, you are authorized by Pexto to use the Service solely as described in these Terms, for your personal and non-commercial use.
The information and materials provided through the Service may not be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, reproduced to create a derivative work, or used for commercial purposes, without the prior written consent of Pexto.
By using the Platform or accepting these Terms and Conditions, the User undertakes, directly or through an intermediary, to:(a) Not infringe Pexto's or third parties' intellectual property rights.(b) Not engage in activities that constitute restrictive trade practices, unfair competition, or violate consumer protection rights.(c) Not disseminate or promote misleading, inaccurate, false, harmful, hostile, abusive, problematic, threatening, detrimental, or malicious information.(d) Not engage in activities that constitute criminal acts, especially those related to the use of technology and information, impersonation, or fraud.(e) Not defame, abuse, harass, threaten, or violate any public freedom or civil or human right, or any other property, privacy, and/or publicity right of other users or third parties.(f) Intentionally or unintentionally violate or breach any personal data protection regulation or any applicable legislation in general.(g) Not interfere or attempt to interfere with the proper functioning of the Services.(h) Not duplicate, distribute, send, or in any way transfer any of the prerogatives received as a User.(i) Report any violation of the Terms by other users or third parties of which they become aware, by sending an email to Pexto's address.(j) Transmit or issue material containing computer viruses or any other code, computer program, or application intended to interrupt, destroy, restrict, or impair the functionality of computers, computer programs, information systems, telecommunications networks, or third-party infrastructure and services.(k) Manage resources of illicit origin or resources whose origin is unknown.
It is PROHIBITED, in any case: the modification, reproduction, decoding, decryption, disassembly, reverse engineering, publication, transfer to other persons, or any other way of altering the Platform or its content, as well as the disclosure of its content, without prior explicit and written authorization issued by Pexto, as well as copying any content, functionality, or business model of the Platform or the Services.
Likewise, the use of software whose purpose or effect is to damage, interfere with, affect the integrity of, or intercept the systems that support this application, its operation, or its Contents is prohibited.
The account number and password are non-transferable and may only be used by registered individuals.
Failure to comply with the above will result in the permanent suspension and blocking of the account (including email and personal identification number) within the application.
In case of forgotten validation data or usurpation thereof, it is the user's obligation to inform the Pexto operator.
The Platform may only be accessed and the Services used for lawful purposes. The User is solely responsible for knowing and complying with all laws and regulations related to accessing and using the services. Without limiting the foregoing, the User hereby acknowledges that there are prohibited uses of the Platform and, therefore, the User agrees to refrain at all times from engaging in any conduct considered illicit under applicable legislation.
As a User, you will be solely responsible for damages that unauthorized access to the Platform with your identification data may cause to others, to yourself, and/or to Cobre's information and communication systems, including damages from computer viruses.
Any violation of these Terms will be investigated by Pexto, who may, at its sole discretion and within the framework of the law, take all necessary legal and extra-legal measures and initiate all actions against you, in order to obtain the cessation of such conduct and the corresponding compensation if applicable.
Communications
For the proper execution of its Services, Pexto will require continuous contact with the User. To this end, Pexto may adopt different tools for communication, including, but not limited to, communications (including direct communications, by telephone to any of the contact numbers provided by the User, text messages and WhatsApp, emails to the contact account(s) offered by the USER, among others), announcements and administrative messages, for which the User hereby gives their express consent.
When the User communicates with us electronically (e.g., by email, text message, or by creating an account on the Platform), you agree to receive electronic communications from us, including all statements, notices, and disclosures. You agree that the communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy Policy, Information Handling, and Authorization for Personal Data Processing
Pexto recognizes the importance of User privacy and their right to freely determine the use and processing that may be carried out with respect to their information.
Pexto's Personal Data Processing and Privacy Policy (the "Policy") is an integral part of these Terms and Conditions. Therefore, by accepting these Terms and Conditions as set forth herein, the User is providing their prior, express, and informed consent to be bound by the terms of the Policy. The Policy can be found at the following link: https://www.cobre.co/privacidad/politicas-de-privacidad.
The information provided by users is supplied freely and voluntarily by the User, for it to be managed by Pexto or by whom it designates for the fulfillment of the acquired duties, which implies its collection; storage on Pexto's or third parties' servers or repositories.
In this sense, the User, in their capacity as data subject, freely and voluntarily authorizes Pexto and/or whoever represents its rights, to access and deliver to its providers both their personal data and banking and financial information provided to Pexto by the User themselves or obtained through third parties, or contained in the databases accessed through information operators and database operators, including but not limited to banks, blacklists, and credit information providers.
The User may exercise their ARCO rights (Access, Rectification, Cancellation, and Opposition) to access, rectify, cancel, and oppose the use of their personal data existing in the databases associated with the Platform. To do so, they must submit a consultation, claim, or deletion request in the terms indicated by the data Policy, detailing the modifications to be made and providing the supporting documents. Therefore, the User freely, prior, expressly, and informedly authorizes, and to the extent permitted by law, Pexto directly or through its employees, consultants, advisors, third-party processors, and/or Affiliated Entities (according to the definition of the Personal Data Processing Policy), who need to know the information, exclusively to fulfill the purposes established in this authorization.
All data and personal information provided to Pexto are governed by our Privacy Policy.
This information is used for the full identification of Users, as well as for the purposes of the Platform.
In this sense, the User expressly authorizes Pexto to transfer the User's personal information to Affiliated Entities or subcontract the provision of any part of the products and/or services provided, with a third party, whether that third party operates in another jurisdiction or territory or not.
Confidentiality and Information Handling
Given the nature of the Services' purpose and the specific mandate, both Parties are obligated to maintain the most rigorous standards of confidentiality; committing, during the provision of the Service and use of the Platform, as well as after its termination, to treat all data, information, and documents exchanged between the Parties with the strictest confidentiality.
In this sense, the Parties agree that all information shared between them by reason of the Services and the Use of the Platform, or any act derived therefrom; as well as all information generated by the Parties also by reason of their execution, including these Terms (hereinafter the “Confidential Information”), must be considered strictly confidential information and for the exclusive use of the Parties, regardless of whether it is supported on a material medium or not, or whether it has or does not have an indication of being any type of Confidential Information.
The Parties undertake to maintain absolute secrecy and confidentiality regarding such Confidential Information and to safeguard it at least with the same care with which they guard their own confidential information, or with the care commonly given in market practices to confidential information, whichever implies a greater degree of care; as well as to refrain from (i) making any public statement or particular disclosure, present or future, regarding it, assuming the obligation to maintain total discretion regarding the data they know, being prevented from disseminating or transmitting it to third parties by any means; (ii) providing it to unauthorized third parties by any means; and (iii) using said Confidential Information for any purpose other than the strict fulfillment of the Services, or any purpose previously authorized in writing by the disclosing party of said information, committing hereby to use the Confidential Information of the other Party solely and exclusively for the execution and fulfillment of the Services; and to establish physical and legal control mechanisms to prevent unauthorized use or access to all documentation, information, material and digital files, without reservation or limitation in this regard, that they receive, obtain, elaborate, prepare, produce or exchange by reason and during the provision of the Services, by any means or source, on the understanding that all information they receive from the other Party is and will continue to be considered confidential and proprietary to the Party that delivered, provided or facilitated such information.
Consequently, the Parties undertake not to reveal, disclose, exploit, publish, transmit, transfer, trade, or disseminate by any means the information of the other Party, either by themselves or through third parties, and must keep this information secret during the term of this instrument and after its conclusion, unless authorized in writing by the other Party; being responsible for damages caused to the other Party by the unauthorized use or disclosure of Confidential Information.
In the event that the violation of this clause implies the disclosure of an industrial or trade secret, the infringer will be subject to pecuniary and custodial sanctions in accordance with applicable legislation, so the affected party may, at its option, initiate appropriate legal actions against the infringer.
In case of violation of this clause by any employee, director, attorney-in-law, or collaborator in general of any Party, the receiving Party of such information, whether Pexto or the User, will be held responsible for such infringement, for all legal purposes. The confidentiality obligations established in this section shall remain in force during the provision of the Services and for a period of 2 (two) years after their termination for any cause.
Customer Service
You can contact Customer Service using the contact information on our Site or through our sales representatives. The provision of customer service is not mandatory or guaranteed, and is provided at Pexto's sole discretion.
Intellectual Property
For all legal purposes, Pexto is the sole owner or licensee of the right to use the Platform and its content. Its total or partial reproduction, translation, inclusion, transmission, storage, or access through analog, digital, or any other created system or technology is prohibited without prior written authorization from Pexto. The information contained in the Platform and provided as part of the Service, including all texts and images (other than certain third-party images) are considered Pexto's intellectual property.
In this regard, the User acknowledges that the ownership and exploitation of any concepts, improvements, copyrights, trademarks, trade names, designs, inventions, discoveries, program articles, systems, or creative works that may be conceived or implemented, and others related to the Platform, are and will remain the sole and exclusive property of Pexto and/or its Parent Company or Affiliates.
Pexto grants the User a temporary, revocable, royalty-free license to use the Platform during the term of the Mandate Agreement signed between Pexto and the User, so that the latter may use the Platform according to the authorized uses in these Terms. The license in question is non-transferable and revocable by Pexto unilaterally and without prior notice.
The User accepts that these Terms do not grant them any type of copyright or intellectual property right over the Platform, nor any other intellectual property right, and undertakes not to use the Platform for any purpose other than that for which it was created.
All elements and information of the Service and the Platform, including texts, processes, methods, trade secrets, know-how, techniques, formats, images, music, trademarks, logos, signs, trade names, sounds, graphics, videos, animation, and other materials and tools subject to intellectual property protection, are and will remain the property of Pexto.
The User may not copy, reproduce, replicate, publish, distribute, modify, create derivative works, license, sell, transfer, display, transmit, compile or collect in a database, or in any way commercially exploit any part of the Platform's content, either wholly or in part.
Any unauthorized use of the elements and information of the services and/or the Platform that infringes the property and intellectual property rights of Pexto, its contractors, licensors, assignors, and, in general, any third party, may lead to the initiation of corresponding legal actions by Pexto and/or the holders of such rights.
Limitation of Liability and Absence of Warranties
The scope of the Services provided through the Platform is limited to connecting Pexto and the User, establishing a communication channel between both parties for the fulfillment of the Mandate granted to Pexto by the User, such that neither Pexto, nor its Affiliates, nor any of their respective shareholders, directors, employees, affiliates or agents, shall have any type of responsibility derived from or related to the operation(s) carried out by the User through Pexto, or carried out by Pexto on behalf and account of the User in fulfillment of the granted mandate, nor for failures, errors, defects, material or legal status, nor for any other fact related to the operation.
The User may not sue or initiate any type of action, nor recover or attempt to recover any type of compensation for damages or prejudices of any kind from Pexto as a result of the use of the Services or the Platform.
Pexto does not guarantee the accuracy of and assumes no responsibility or warranty whatsoever for the quality, validity, effectiveness, and veracity of the Services.
The User accepts and acknowledges that access and use of the Platform and Services are at their own risk and responsibility. Neither Pexto, nor its Affiliates, nor their respective directors, employees, affiliates, or agents guarantee that the Services or the Platform are free from interruptions or errors; nor do they make any implied or explicit warranty as to the results that may be obtained from the use thereof or as to the accuracy, reliability, adequacy, or content of the information appearing on the Platform.
To the extent permitted by applicable law, in no event shall Pexto, its Affiliates, their respective shareholders, directors, employees, affiliates, or agents be liable to the User or any third party for direct, indirect, or incidental damages or prejudice arising from: the use and access to the Services and the Platform; inability to access or use the Services or the Platform; suitability for any particular purpose; delays in operation or transmission; data loss; failure or malfunction; any other type of damage or losses resulting from omissions, interruptions, file deletion, defects, viruses, any performance failure, communication failures, theft, destruction, or unauthorized access to Pexto's records, its programs or services; including but not limited to damages to human integrity, property, loss of use, commercial loss, economic loss, data loss, or loss of profits, contractual or extra-contractual liability, negligence, or improper use of the Platform or its contents.
The limitations and exclusions of liability contained in these Terms and Conditions shall apply even if it is determined that a particular functionality of the Platform does not fulfill its essential purpose.
Shared Responsibility Model
In cases where integrations with transactional systems are maintained via API, REST, Web Services, or others (with or without the use of VPNs), Cobre guarantees the perimeter security of its cloud infrastructure, custody of intellectual property of source codes, and sensitive user data, following industry best security practices.
Notwithstanding the foregoing, it will be the responsibility of each client to perform security and integrity validations on transactions and monitor possible fraudulent uses of their exposed services. Cobre will not be responsible for the improper use of the services exposed at the integration points granted by clients, nor for damages caused by vulnerabilities in systems beyond its control. The User of the platform accepts and acknowledges that any vulnerability arising from their actions or omissions or those of their employees will be the User's exclusive responsibility and undertakes to indemnify Pexto.
Breach of Terms and Conditions
Violation of these Terms and Conditions may result in the suspension or permanent cancellation of your account and corresponding civil or criminal liability. Similarly, unauthorized use of the Service and/or Platform is prohibited.
Any violation of these Terms and Conditions, or any complaint or information Pexto receives regarding the abuse or inappropriate use of these Terms and Conditions, the Service or the Platform, may be investigated by Pexto or third parties, and necessary measures will be taken to initiate all legal and extra-legal actions against Users, among other purposes, to obtain the cessation of such conduct; as well as any precautionary measures and indemnifications as applicable under the law.
Indemnification
Accessing and using this application implies that you have agreed to indemnify and hold harmless Pexto, its shareholders, directors, affiliated companies, employees, contractors, collaborators, suppliers, and representatives in general, from any claim, complaint, damage, prejudice, demand, expense, administrative or judicial investigation, legal action, or liability, including all related and documented costs and reasonable attorney's fees, arising from, based on, or related to: (i) the User's violation of these Terms and Conditions, (ii) or the User's improper use, or in contravention of applicable legislation or good customs, of the Platform, the Services, Pexto's intellectual property, Cobre's information, or that of its clients and suppliers; (vi) issues of money laundering, terrorism financing, operation with illicit or presumably illicit resources, any analogous action, regarding the resources that the User disburses through the Services and the Platform.
Pexto reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the User, in which case the User will assist and cooperate with Pexto in its defense, in addition to assuming the corresponding costs.
Anti-Money Laundering and Terrorism Financing Control
The User acknowledges and accepts that they are solely responsible to Pexto, to third parties, and to any authority, for the provision of funds and for the origin and legality of said resources that the User disburses through the Services and/or the Platform. In this sense, the User acknowledges, accepts, and guarantees to Pexto, that neither they nor their shareholders, partners, and/or representatives, as the case may be:
- Are linked, nationally or internationally, to any type of investigations for conduct related to drug trafficking, terrorism, terrorism financing, kidnapping, use of illicit resources, money laundering, and/or any other activity linked to the administration of resources related to the described conduct.
- Have been convicted by national or international jurisdictional and/or administrative authorities in any type of process related to the execution of the conduct mentioned in the previous paragraph, or activities related to such conduct.
- Are or have been included in lists or databases for the control of money laundering and terrorism financing administered by any national or foreign authority.
In case of occurrence of any of the situations described above, the User shall be obligated to immediately inform Pexto of such situation and the User shall be solely and exclusively responsible for any legal consequence derived from such circumstances; accepting from now on that Pexto may totally restrict their activity and/or access to the Platform and/or the Services.
Therefore, and for all legal purposes, the User acknowledges that Pexto acts as a mandatary, being a good faith third party. Consequently, Pexto, in its capacity as mandatary for payment disbursement, is not responsible for aspects related to any non-compliance by the User with the restrictions established in this clause.
Modifications to the Platform, Services, or Terms and Conditions
Pexto reserves the right to modify or update these Terms at any time, by simply updating this publication, unilaterally and without prior notice.
It is the User's responsibility to review the Terms periodically. The use of the Services after the publication of changes made to the Terms constitutes tacit acceptance of said changes and of all the new Terms.
Pexto reserves the right to modify, suspend, or interrupt, at any time and at its sole discretion, temporarily or permanently and without any liability on its part, both the Services and the Platform, or any functionality thereof, with or without prior notice, without any liability towards the User or third parties for such effect.
The User expressly waives any type of claim or liability that could be attributed to Pexto as a consequence of the termination, modification, suspension, or interruption, permanent or temporary, of these Terms, as well as the Services and the Platform.
Contact Information
Place of Contracting: ColombiaEntity: Pexto Colombia, S.A.S., a legally incorporated companyContact Details:Address: Calle 95 13-35 Bogotá, ColombiaEmail: cobrelegal@cobre.co
Place of Contracting: MexicoEntity: Pexto Mexico, S.A. de C.V., a company legally incorporated under the laws of the United Mexican States (Mexico).Contact Details:Address: Chihuahua 97-B, Colonia Roma Norte, Alcaldía Cuauhtémoc, Código Postal 06700, in Mexico CityEmail: cobrelegal@cobre.co
Term and Termination of these Terms and Conditions
This document constitutes the most updated version of the Terms, whose validity is indefinite, subject to unilateral change or elimination by Pexto.
Therefore, these Terms and Conditions, with their modifications, changes, and deletions, will remain in force until Pexto decides to terminate or modify them.
Notwithstanding the foregoing, the restrictions, obligations, and risks assumed by the User upon accepting the Terms, as well as the limitations of liability and indemnities established in these Terms, shall survive the termination thereof for a period of 5 years after the termination of these Terms.
The following industries have been categorized as prohibited and cannot be part of transactions processed through Cobre in any way:
- Sale or offering of goods or services that do not fully comply with applicable law in the jurisdictions where Cobre operates.
- Sale or offering of narcotics or illicit drugs.
- Sale or offering of child pornography services.
- Adult entertainment.
- Cannabis and derived products.
- Wholesale trade of waste, refuse, and scrap.
- Pawn shops.
- Manufacture and marketing of weapons and ammunition.
- Extraction and marketing of gold, precious metals, other non-ferrous metallic minerals, emeralds, precious and semi-precious stones.
- Exchange house activities, and professionals in currency exchange.
Additionally, payment processing for companies in the following industries will be prohibited through Payment Service Providers (PSPs):
- Payment processing for companies in the "digital assets" industry.
- Payment processing for companies in the "micro-credit" or "low-value loan" industry.
Failure to comply with these provisions is just cause for contractual termination.
Applicable Law and Jurisdiction
The Parties expressly agree that for the interpretation and fulfillment of these Terms and Conditions, the current laws shall apply and the courts indicated below shall have jurisdiction, without applying rules or principles regarding conflict of laws:
Place of Contracting: ColombiaApplicable Legislation: Current and applicable legislation in Colombia.Jurisdiction: Civil Jurisdiction of the Colombian territory, with the exception of those clients who have previously signed an arbitration agreement in case of contractual disputes.
Place of Contracting: MexicoApplicable Legislation: The use of the Service is subject to the current and applicable legislation in Mexico City.Jurisdiction: Of the competent courts of Mexico City. The Parties expressly waive any other jurisdiction that might correspond by reason of their present or future domiciles, or for any other cause.
The User acknowledges and accepts that Pexto provides its Services, controls and operates the Platform and all its activities from Colombia and Mexico respectively, therefore it is not guaranteed that the content is appropriate or available for use outside of these territories.
If the User accesses the Platform or the Services from a location outside these territories, they do so at their own risk and are responsible for compliance with the applicable laws in the corresponding jurisdiction.
The User undertakes to refrain from using the Platform and/or the Services, as well as any of its access means, if such conduct infringes the legal system of the country where the User is located.