Terms and Conditions
1. Object, Parties and Acceptance
These Terms of Service (the “Terms”) govern the access to and use of the Fonder software-as-a-service platform (the “Platform” or the “Service”), provided by Fonder LLC, a limited liability company organized in the State of Delaware, USA (“Fonder”), with the possibility of operational execution by its local affiliates and/or subprocessors. The legal entity registering for or using the Service (the “Customer”) accepts these Terms by creating an account, checking the acceptance box, or using the Service. If the Customer does not agree, they must not use the Platform.
2. Definitions
“Affiliates”: entities controlled by, controlling, or under common control with Fonder. “Authorized Users”: individuals designated by the Customer to access the Service. “Customer Data”: personal, financial, accounting, or banking data uploaded by the Customer or retrieved via integrations. “Integrations”: read-only connections with banks, ERPs, payment processors, and tax authorities. “Service Content”: software, interfaces, algorithms, documentation, and materials from Fonder.
3. Scope and Nature of the Service
Fonder offers a SaaS treasury and cashflow solution to consolidate banking, accounting, and billing information; perform reconciliations; visualize cash position; and project flows. Fonder is not a financial institution, does not take deposits, does not execute payments or orders on behalf of the Customer, and does not provide accounting, tax, legal, or investment advice.
4. Eligibility and Representation
The Service is exclusively oriented toward businesses (B2B). The registrant declares they are acting for commercial purposes and possess sufficient authority to bind their organization. Fonder may reject registrations or cancel accounts that do not meet these conditions.
5. Account, Authorized Users and Security
The Customer: (i) shall maintain true and updated registration information; (ii) shall control the onboarding/offboarding of Authorized Users; (iii) shall safeguard credentials; and (iv) shall immediately notify of unauthorized access or security incidents. Fonder may require identity verifications, MFA, and other reasonable measures.
6. Integrations and Credentials
The Customer authorizes Fonder to connect to its Integrations (including, but not limited to, AFIP/AR, SII/CL, SAT/MX, Interbanking, banks, and ERPs) to obtain the necessary Customer Data. Credentials are stored encrypted in accordance with industry standards. Fonder will never request credentials designed to execute transactions (signing tokens, OTP). Access is strictly read-only and for processing purposes.
7. Nature of Third-Party Information
The Platform reflects data exactly as provided by third parties and/or uploaded by the Customer. Fonder does not guarantee the accuracy, completeness, or timeliness of third-party data. The Customer is responsible for validating reports before making business decisions. The Service is provided under an obligation of means and without warranty of results.
8. Plans, Prices, Taxes and Billing
The Service operates on a monthly or annual subscription basis, with automatic renewal for equal periods, unless cancelled prior to the end of the cycle. Charges are billed in advance and are non-refundable, including partial periods. Prices are expressed net of taxes, withholdings, collections, and bank fees, which shall be borne by the Customer. In the event of mandatory withholdings, the Customer will deliver the corresponding certificates; the parties will cooperate to minimize double taxation within the legal framework.
Late Payment and Suspension: if a payment is not credited within twenty (20) calendar days from the start of the period, Fonder may suspend or limit functions and/or terminate the contract for breach. Fonder may adjust prices by giving at least fifteen (15) days' notice.
9. Plan Changes, Trial and Cancellation
Fonder may offer trial periods; upon completion, current plan charges apply. Plan changes take effect from the next cycle. Cancellation must be requested before the end of the cycle to avoid renewal. There are no refunds for early cancellation.
10. Service Level, Maintenance and Beta Features
Fonder strives for high availability, without guaranteeing absolute continuity. There may be scheduled maintenance windows (notified with reasonable advance notice). “Beta/Labs” features are offered “as is”, may contain defects, and can be modified or withdrawn without liability.
11. Security and Confidentiality
Fonder implements reasonable technical and organizational measures (encryption in transit and at rest, access controls, environment segregation). Each party will keep the other's information confidential, using it only to comply with these Terms and protecting it with at least the same care as its own confidential information. Confidentiality obligations survive for five (5) years after termination.
12. Privacy and Personal Data (Core + Local Modules)
Ownership: the Customer retains ownership of the Customer Data. Processing: Fonder will process data exclusively to provide the Service (consolidation, reconciliation, projection, alerts, and improvements).
Anonymized and Statistical Use: the Customer expressly authorizes Fonder to anonymize and aggregate data to (a) sector metrics, (b) scoring or risk models, and (c) negotiate/improve agreements with regulated financial institutions, always without identifying natural or legal persons.
Local Compliance: processing will be subject to applicable regulations. Local modules: (AR) Law 25,326; (CL) Law 19,628 and art. 154 LGB (banking secrecy through express authorization); (MX) LFPDPPP. ARCO Rights: somos@fonderlatam.com. Fonder may enter into DPAs and list subprocessors on its site.
13. Intellectual Property, License and Feedback
Fonder and its licensors retain all rights to the Service Content. The Customer is granted a limited, non-exclusive, and non-transferable license to access and use. The Customer grants Fonder a worldwide, free, and perpetual license to use suggestions or feedback for improvement purposes.
14. Acceptable Use Policy (AUP)
Prohibited: (i) violating the security or integrity of the Service; (ii) unlawful use or use that infringes rights; (iii) reverse engineering or creating derivatives; (iv) bypassing API limits or improper scraping; (v) introducing malware; (vi) using third-party data without a valid legal basis. Fonder may suspend accounts upon reasonable indications of non-compliance.
15. Third-Party Services and Content
Integrations and third-party content are governed by their own terms. Fonder is not responsible for their availability, accuracy, or security. The Customer is responsible for relationships with such third parties.
16. Regulatory Compliance, Exports and Sanctions
Each party will comply with applicable legislation (anti-corruption/AML, data protection, banking/financial). The Customer declares they are not listed on international sanctions (OFAC, EU, UN) nor use the Service in embargoed territories. The Customer will comply with software export and re-export regulations of the USA and other applicable jurisdictions.
17. Warranties, Disclaimers and Indemnity
The Service is provided “as is” and “as available”. Fonder does not guarantee the absence of errors or interruptions. The Customer will indemnify Fonder for third-party claims arising from their use of the Service, Customer Data, or their breach of these Terms.
18. Limitation of Liability
To the maximum extent permitted, Fonder will not be liable for indirect, special, punitive, consequential damages, loss of profits, or loss of data. Fonder's total aggregate liability is limited to the amount actually paid by the Customer for the Service in the twelve (12) months preceding the event.
19. Force Majeure
Neither party will be liable for failures due to events beyond their reasonable control (vendor failures, cyber attacks, power outages, disasters, labor disputes, government actions, etc.).
20. Changes to the Service and Terms
Fonder may improve, modify, or discontinue features without substantially affecting the value proposition. It may modify these Terms by giving at least fifteen (15) days' notice. Continued use implies acceptance.
21. Data: Retention, Portability and Deletion
Upon Customer request and within a reasonable timeframe following termination, Fonder will make available a data export in a reasonable format. Unless under a legal obligation, Fonder will delete or anonymize data in accordance with its retention policy.
22. Subprocessors and Audits
Fonder may use subprocessors, remaining liable to the Customer. It will publish an updated list when applicable. Fonder will address reasonable security/compliance questionnaires; on-site audits will require prior agreement, confidentiality, and reasonable limitations.
23. Advertising and Trademark Use
With the Customer's authorization, Fonder may mention their name and logo in listings and success stories. The Customer may revoke this authorization in writing.
24. Assignment, Affiliates and Reorganization
The Customer may not assign these Terms without Fonder's written consent. Fonder may assign them in corporate reorganizations, mergers, asset sales, or to Affiliates. The Service may be executed by Affiliates or contractors under Fonder's responsibility.
25. Language and Hierarchy
This Spanish version is the official version for Latin America. In the event of any discrepancy with an English version agreed upon with the Customer, the version indicated in the specific contract or country annex shall prevail.
26. Governing Law and Jurisdiction (Contracting Entity: Fonder LLC, Delaware, USA)
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without reference to its conflict of laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts of New Castle County, Delaware, for any dispute arising out of these Terms, without prejudice to injunctive relief that Fonder may seek in any competent jurisdiction. This coexists with compliance with mandatory local personal data or tax regulations applicable to the Customer.
27. Contact
Legal and privacy inquiries: somos@fonderlatam.com — Website: www.fonderlatam.com
28. Cookies
Our website uses cookies to help customize your online experience. By accessing Fonder, you agree to the use of necessary cookies. Cookies are text files placed on your device by a web server. They cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned and can only be read by a web server in the domain that issued the cookie. We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You can accept or decline optional cookies; however, some cookies are necessary for the website to function and do not require your consent. By accepting necessary cookies, you also accept third-party cookies that could be used through services provided by third parties integrated into our website.