Terms and Conditions
1. Subject Matter, Parties, and Acceptance
These Terms of Service (the “Terms”) govern 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, U.S. (“Fonder”), with the possibility of operational performance by its affiliates and/or local subcontractors. The legal entity that registers for or uses the Service (the “Client”) accepts these Terms by creating an account, checking the acceptance box, or using the Service. If the Client does not agree, it must not use the Platform.
2. Definitions
“Affiliates”: entities controlled by, controlling, or under common control with Fonder. “Authorized Users”: individuals designated by the Client to access the Service. “Client Data”: personal, financial, accounting, or banking data uploaded by the Client or retrieved via integrations. “Integrations”: read-only connections with banks, ERPs, payment processors, and tax authorities. “Service Content”: software, interfaces, algorithms, documentation, and materials of Fonder.
3. Scope and Nature of the Service
Fonder offers a treasury and cashflow SaaS solution to consolidate banking, accounting, and invoicing information; perform reconciliations; view cash position; and project cash flows. Fonder is not a financial institution, does not take deposits, does not execute payments or orders on behalf of the Client, and does not provide accounting, tax, legal, or investment advice.
4. Eligibility and Representation
The Service is intended exclusively for businesses (B2B). The registrant declares that it is acting for commercial purposes and has sufficient authority to bind its organization. Fonder may reject registrations or cancel accounts that do not meet these conditions.
5. Account, Authorized Users, and Security
The Client shall: (i) maintain truthful and up-to-date registration information; (ii) control the addition/removal of Authorized Users; (iii) safeguard credentials; and (iv) promptly notify unauthorized access or security incidents. Fonder may require identity verification, MFA, and other reasonable measures.
6. Integrations and Credentials
The Client authorizes Fonder to connect to its Integrations (including, without limitation, AFIP/AR, SII/CL, SAT/MX, Interbanking, banks, and ERPs) to obtain necessary Client Data. Credentials are stored encrypted in accordance with industry standards. Fonder will never request factors intended to execute transactions (signing tokens, OTPs). Access is read-only and for processing purposes only.
7. Nature of Third-Party Information
The Platform reflects data as provided by third parties and/or uploaded by the Client. Fonder does not guarantee the accuracy, completeness, or timeliness of third-party data. The Client is responsible for validating reports before making business decisions. The Service is provided on a best-efforts basis and without any guarantee of results.
8. Plans, Pricing, Taxes, and Billing
The Service operates on a monthly or annual subscription, with automatic renewal for equal periods unless canceled before the end of the cycle. Charges are billed in advance and are non-refundable, including partial periods. Prices are stated net of taxes, withholdings, assessments, and bank fees, which shall be borne by the Client. If mandatory withholdings apply, the Client shall provide the corresponding certificates; the parties shall cooperate to minimize double taxation within the legal framework.
Default and suspension: if a payment is not credited within twenty (20) calendar days from the start of the period, Fonder may suspend or limit features 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; once they end, charges for the current plan apply. Plan changes take effect from the next cycle. Cancellation must be requested before the end of the cycle in order to avoid renewal. There are no refunds for early cancellation.
10. Service Level, Maintenance, and Beta Features
Fonder seeks high availability, without guaranteeing absolute continuity. Scheduled maintenance windows may occur (with reasonable advance notice). “Beta/Labs” features are provided “as is,” may contain defects, and may 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 shall keep the other party’s information confidential, using it only to fulfill these Terms and protecting it with at least the same care as its own confidential information. Confidentiality obligations survive five (5) years after termination.
12. Privacy and Personal Data (Core + Local Modules)
Ownership: the Client retains ownership of Client Data. Processing: Fonder will process the data exclusively to provide the Service (consolidation, reconciliation, forecasting, alerts, and improvements).
Anonymized and statistical use: the Client expressly authorizes Fonder to anonymize and aggregate data for (a) sector metrics, (b) scoring or risk models, and (c) negotiating/improving agreements with regulated financial institutions, always without identifying natural or legal persons.
Local compliance: processing shall be subject to applicable law. Local modules: (AR) Law 25.326; (CL) Law 19.628 and art. 154 LGB (bank secrecy through express authorization); (MX) LFPDPPP. ARCO rights: somos@fonderlatam.com. Fonder may enter into a DPA and list subprocessors on its website.
13. Intellectual Property, License, and Feedback
Fonder and its licensors retain all rights to the Service Content. The Client is granted a limited, non-exclusive, non-transferable license to access and use it. The Client grants Fonder a worldwide, royalty-free, perpetual license to use suggestions or feedback for improvement purposes.
14. Acceptable Use (AUP)
Prohibited: (i) compromising the security or integrity of the Service; (ii) unlawful use or use that infringes rights; (iii) reverse engineering or creating derivative works; (iv) evading 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 breach.
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 Client is responsible for its relationships with such third parties.
16. Regulatory Compliance, Exports, and Sanctions
Each party shall comply with applicable laws (anti-corruption/AML, data protection, banking/financial). The Client declares that it is not listed on international sanctions lists (OFAC, EU, UN) and does not use the Service in embargoed territories. The Client shall comply with U.S. and other applicable jurisdictions’ software export and re-export regulations.
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 Client shall indemnify Fonder against third-party claims arising from its use of the Service, Client Data, or its breach of these Terms.
18. Limitation of Liability
To the fullest extent permitted, Fonder shall not be liable for indirect, special, punitive damages, lost profits, or loss of data. Fonder’s total aggregate liability is limited to the amount actually paid by the Client for the Service in the twelve (12) months preceding the event.
19. Force Majeure
Neither party shall be liable for breaches due to events beyond its reasonable control (supplier failures, cyberattacks, power outages, disasters, labor disputes, government actions, etc.).
20. Changes to the Service and the Terms
Fonder may improve, modify, or discontinue features without materially affecting the value proposition. It may amend these Terms by giving at least fifteen (15) days’ notice. Continued use constitutes acceptance.
21. Data: Retention, Portability, and Deletion
At the Client’s request and within a reasonable period after termination, Fonder will provide a data export in a reasonable format. Unless legally required otherwise, Fonder will delete or anonymize data in accordance with its retention policy.
22. Subprocessors and Audits
Fonder may use subprocessors, while remaining responsible to the Client. It will publish an updated list when applicable. Fonder will respond to reasonable security/compliance questionnaires; on-site audits will require prior agreement, confidentiality, and reasonable limitations.
23. Publicity and Use of Brand
With the Client’s authorization, Fonder may mention the name and logo in listings and success stories. The Client may revoke such authorization in writing.
24. Assignment, Affiliates, and Reorganization
The Client 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 performed by Affiliates or contractors under Fonder’s responsibility.
25. Language and Priority
This Spanish version is the official version for Latin America. In the event of any discrepancy with an English version agreed with the Client, the version indicated in the specific contract or country addendum shall prevail.
26. Governing Law and Venue (Contracting Entity: Fonder LLC, Delaware, U.S.)
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S., without reference to its conflict-of-law rules. The parties submit 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 rules applicable to the Client.
27. Contact
Legal and privacy inquiries: somos@fonderlatam.com — Website: www.fonderlatam.com
28. Cookies
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