Terms & Conditions
Terms & Conditions
Last Updated: May 5, 2025
IMPORTANT NOTE: The Spanish version of this document will govern our relationship - this translated version is provided for convenience only and will not be interpreted to modify the Spanish version. To view the Spanish version please click here.
These Terms and Conditions of Use ("Terms," "Contract," or "Agreement," interchangeably) apply to the website owned by Fygaro Pa, Inc. and Trambia, Inc., whose trade name, collectively, is Fygaro, available through the domain www.fygaro.com (hereafter the "Platform").
By registering for a Fygaro account or using any of Fygaro's services or any of its affiliates' services (hereafter referred to interchangeably as "Fygaro," "we," or "us"), you agree that you read and understood the Terms and Conditions of Use described herein, and our Privacy Policy, which is available through the following link: [https://www.fygaro.com/w/privacy].
By using the Platform, you represent and warrant that you have the legal capacity to enter into this Agreement, that you read it in its entirety, that you are eligible for it, and that you accept it in its entirety, and if you do not agree to these Terms, you must not access or use the Platform, its material, its information and/or the Services, as defined in Section 3 (The Services).
Fygaro provides the Services to you, subject to the terms and conditions set forth herein and in our Privacy Policy. Therefore, you agree to follow the instructions for the correct use of the Platform and the Services offered therein.
Please note that these Terms form a binding contract between users who visit the Platform or use the Services (the "User" or "you") and Fygaro, and apply when accessing, using, downloading, or installing any Service offered and/or developed by Fygaro.
If you accept the Terms in the name or on behalf of a company or entity, you bind the company or entity to the framework stipulated therein, and you warrant that you have sufficient power and authority to accept and execute them.
Fygaro may modify these Terms from time to time as outlined in Section 12 (Modification of Terms and Conditions of this Agreement).
In specific cases, supplemental terms may apply to this Agreement for certain Services and/or promotions offered by Fygaro. Such additional terms shall be deemed part of the Terms and shall prevail over the Terms in the event of any conflict between the provisions of each. Additionally, although transactions carried out through the Platform are considered governed by this Agreement, third-party payment processors involved in these may have their terms and conditions, which should be reviewed by the User as often as they deem appropriate.
Account Terms
Depending on the functionalities requested from Fygaro at the time of registration, the User may be classified on the Platform under one of the following types, without limitation: Subscriber, Contributor, and Customer. For this Agreement, the User understands and agrees that Fygaro will assign, at its sole discretion, different types of privileges according to the User's classification.
To access and use the Services, the User must register for a Fygaro account ("Account"). To complete the registration, the User must access the Platform using an electronic device running a compatible operating system and provide Fygaro with their name, a valid email address, a password, and other details requested. The User must complete the fields of the registration form with valid data. Fygaro may reject your application to create an Account or cancel an existing one for any reason and at its sole discretion.
Registration on the Platform requires the User to provide Fygaro with specific data that may include personally identifiable information, such as, but not limited to, full name, date of birth, age, ID number, telephone number, company name, occupation, gender, and email address ("Personal Data").
La Plataforma no está disponible para el uso de personas menores de 18 años. El Usuario no podrá permitir a personas menores de 18 años la recepción de Servicios a través de la Plataforma, o ceder o transferir de otro modo su Cuenta, a otra persona o entidad.
The Platform is not available for use by persons under the age of 18. You may not permit persons under 18 to receive Services through the Platform or assign or otherwise transfer your Account to any other person or entity.
You acknowledge and agree that Fygaro will use the email address you provide when you open an Account or update from time to time as the primary method of communicating with you ("Primary Email Address"). You must monitor the Primary Email Address you provide to Fygaro, and it must be capable of sending and receiving messages. Your email communications with Fygaro will only be considered authentic if they come from the Primary Email Address.
You are solely responsible for keeping your password secure. Fygaro cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
You shall immediately notify Fygaro if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated, or otherwise compromised or in the event of any actual or suspected unauthorized use of your Accounts.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use the Services, or access the Services without Fygaro's express written permissio.
You further agree not to use a workaround or circumvent any technical limitations of the Service, use any tool to enable features or functionality that are otherwise disabled in the Service, or decompile, disassemble, or otherwise reverse engineer the Service.
You agree not to access the Service or monitor any material or information on the Service using any robot, spider, scraper, or other automated means.
Fygaro reserves the right to block the Account and claim any damages resulting from the use of the Platform that is unlawful or contrary to this Agreement; refuse the use of the Platform and/or the Services; and terminate the Account, edit or remove content, or cancel orders, in its sole discretion. The above is in response to Fygaro's prerogative to suspend or cease providing access to the Platform if the User breaches the Agreement, or is under investigation for alleged irregular conduct on its part.
Account Activation
Account Owner
The person who registers with the Platform by opening an Account (the "Master Account") shall be deemed the contracting party (the "Subscriber") for these Terms; and shall be considered the person responsible for all use of the Platform and the Services under their Account.
If Subscriber subscribes to the Services on behalf of their employer, their employer will be considered the Account holder and must use the email address issued by their employer; therefore, they represent and warrant that they have the authority to bind their employer under these Terms.
Accounts may only be associated with one Subscriber; however, a Subscriber may have multiple Accounts.
Once the Subscriber has completed all the information requested on the Platform, Fygaro will send to the Subscriber's primary email address a mail verification request; this will be done only the first time the Subscriber creates their Account as a verification method of the data provided. Subsequently, to enter the Platform, the Subscriber shall enter their email address and the password defined in the registration form.
The registration and/or access to the Services shall be valid for the term contracted according to the payment plans available (the "Plan" or "Plans"). Fygaro shall also have the right to refuse to grant or cancel the registration to any person who fraudulently uses, violates, or attempts to violate these Terms, the Privacy Policy, or current legislation. If it is found at any time that the User provided false or untrue information, Fygaro reserves the right to cancel the registration without prejudice to adopt the measures it deems appropriate.
During the period of validity of the Trial Plan or at the end of it, and if the User decides to purchase the Services, they must carry out the purchase process through the Platform. The User will receive a confirmation from Fygaro to their registered email that the payment was completed satisfactorily and the Service activated.
Additional Account Users
The sites, payment pages, and Customers of a Subscriber shall be the responsibility of the Subscriber. According to the contracted Fygaro Plan, Subscriber may create one or more additional users ("Staff Accounts") that allow other people to access the Account ("Contributors"). Each Staff Account must include a full legal name and a valid email account. This data is subject to the Privacy Policy, which is accepted by the Contributor(s). With Staff Accounts, Subscriber may set permissions to facilitate others working on their Account while determining the level of access Staff Accounts have to specific business information.
Subscriber is responsible for i) ensuring that its employees, agents, and subcontractors, including through Staff Accounts, comply with these Terms; and ii) any breach of these Terms by the Account owner's employees, agents, or subcontractors. Subscriber acknowledges and agrees that it shall be responsible for the performance of all of its obligations under this Agreement, regardless of whether it sublicenses or subcontracts them to a third party, including but not limited to affiliates or subsidiaries of the Master Account.
If you are invited as a Contributor and obtain access to a Staff Account, or if you are a Secondary User, as defined below, you acknowledge and agree that Subscriber and/or Reseller, (i) will have full access to any data (including personal information) that is stored by you or on your behalf under such Account and relieves Fygaro of any liability inherent in Subscriber's and/or Reseller's treatment and use of such personal information, and (ii) will have all rights and functionality granted to Subscriber, in connection with such Personal Account.
Registration through the Reseller
The creation of an Account or the purchase of a Plan may be done directly on the Platform or through an unrelated third party authorized to sell subscriptions Accounts and other Fygaro Plans (a "Reseller") under a separate agreement with Fygaro (a "Reseller Agreement").
If you sign up to use the Services or purchase a Plan through a Reseller ("Secondary User"), you should note the following:
These Terms apply in addition to any agreement between you and the Reseller and govern your use of the Services.
As between you and Fygaro, depending on your relationship with Fygaro and unless otherwise specifically stated, these Terms supersede any agreements between you and the Reseller concerning your use of the Services and/or activities on your Account.
Certain Services and/or functionalities thereof may not be available to Secondary Users or may only be accessible to them upon request to Reseller.
The Service
The terms "Service" or "Services" refer to (a) a range of services and functions related to business administration, online payments, and online stores, including invoice creation, accepting online payments via orders, expense recording, inventory control, and related reporting, (b) Fygaro's mobile applications, plug-ins, integrations and Fygaro software ("Software"), c) any updates made to the Software, d) web pages and stores, e) documentation, including but not limited to manuals and videos, for Users, and (f) any other new products, services, or functionality that Fygaro may offer to Users in the future.
Use of the Services
Subject to these Terms, including Section 4 (Plans, Fees, and Beta Versions), you may use the Services for your or your company's internal purposes - if you are entering into this Agreement on behalf of your company - in compliance with these Terms; this includes the right to use the Software on compatible devices under your control. If you enter into this Agreement on behalf of your company, you may permit your employees and agents to use the Software on your behalf, but you will remain responsible for their acts, omissions, and compliance with these Terms.
Restrictions
Your rights to use the Software are non-exclusive, non-transferable, and non-sublicensable. You are obligated to refrain from taking the following actions, and from permitting others such as employees, co-workers or consultants who have access to the Software being licensed to you to take the same actions: (i) rent, lease, reproduce, modify, create derivative works, distribute or transfer the Service; (ii) use the Service for the benefit of a third party or incorporate it into another product or service; (iii) circumvent mechanisms in the Service to limit its use; (iv) reverse engineer, disassemble, decompile, or translate the Service or otherwise attempt to tear down the source code or private APIs; (v) publicly disclose information about the performance of the Service; (vi) access the Service to build a competing product or service; (vii) introduce any viruses, worms, or other code harmful to the Service or otherwise interfere with or cause damage to the Service; (viii) attempt to access data or information of other Fygaro users; (ix) use the Service to send spam or other unsolicited mail; or (x) use the Service other than as expressly authorized herein.
Our rights
The Services have a wide range of features and functionalities. Fygaro will use its best efforts to provide the Services and perform its obligations under these Terms in a commercially reasonable manner, under applicable laws and regulations, the performance standards and quality levels applicable to the Services, generally accepted industry practices, and technical requirements used in similar services.
The Platform will be available to the User seven days a week, twenty-four hours a day unless any external interruption beyond the control of Fygaro occurs, so Fygaro does not guarantee uninterrupted access and use of the Platform, considering that, being a technological solution, whose existence is hosted on the Internet, technical difficulties may arise or connection and/or updates or any other circumstance external to Fygaro. Notwithstanding the above, Fygaro will seek that the necessary updates and/or corrections are made as soon as possible. Fygaro is not responsible for service failures.
Access to and use of the Platform and/or the Services may be interrupted from time to time for a variety of reasons, including but not limited to a) periodic update by Fygaro; b) maintenance or repair activities that Fygaro may undertake to ensure optimal performance of the Services; c) suspension of the Services in case of emergency and/or to safeguard the integrity and security of the Platform; d) repairs or improvements in the provision of the Services, as well as other actions that Fygaro, in its sole discretion, may choose to undertake.
Except where prohibited in these Terms or by applicable laws, we reserve the right to modify the Service or any part thereof for any reason, without notice and at any time.
We reserve the right to provide our Services to your competitors, as we do not offer exclusivity.
If there is a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm ownership. Documentation may include but is not limited to a scanned copy of your business license, a government-issued photo ID, the first six and last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
Fygaro reserves the right to determine, in its sole discretion, the rightful owner of the Account and transfer it to the Subscriber. If we cannot reasonably determine the Subscriber without prejudice to our other rights and remedies, Fygaro reserves the right to temporarily suspend or deactivate an Account until a resolution between the disputing parties has been determined.
Your Responsibilities
If you are a Subscriber and enable online payments, you acknowledge and agree to provide public contact information, a refund policy, and order fulfillment deadlines. In addition, you shall be solely responsible and liable to the Customer for any damage or harm caused by the irregular or insecure handling of your bank details, holding Fygaro harmless for any claims.
Subscriber is the registered seller of all items it sells through the Service and is responsible for the creation and operation of its Account, its Materials, the goods and services it may sell through the Service, and all aspects of the transactions between Subscriber and its Customer(s). You represent and warrant that your Account, your Materials, and the goods and services you sell through the Service will be true, accurate, and complete, and will not violate any applicable law, regulation, or third-party right. In addition, you must comply with all applicable consumer information laws, including those regarding the prices that apply to your line of business. To avoid doubt, Fygaro shall not be the seller or merchant of record and shall have no responsibility for your Account or items sold to Customers through the Service, nor for their shipment to the Customer.
The User is solely responsible for the goods or services you may sell through the Service (including the description, that you retain ownership or right to use the images, photos, logos, and any other audiovisual works you use to advertise your products or services on the Platform, the price, rates, the tax you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with applicable laws or regulations.
The User may not use the Service for any illegal or unauthorized purpose; nor may the User, in the use of the Service, violate any laws in its jurisdiction (including, without limitation, copyright and intellectual property laws), the laws applicable to it in the jurisdiction of its customer, or the laws of the Republic of Panama. You shall comply with all applicable laws, rules, and regulations (including, without limitation, obtaining and complying with the requirements of any license or permit necessary to operate your Account) in your use of the Service and your compliance with your obligations under the Terms.
User Content
You understand that your Materials may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to the technical requirements of connecting networks or devices. "Materials" means your trademarks, copyrighted content, any products or services you sell through the Service (including description and price), and any photographs, images, video, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Fygaro or its affiliates.
Fygaro does not pre-screen Materials, and it is in our sole discretion to reject or remove any Materials from any part of the Service, even if we determine that the goods or services you offer through the Service, or Materials uploaded or posted on the Service, violate these Terms.
Verbal or written abuse (including threats of abuse or retaliation) to any Fygaro employee, member, or officer will result in immediate account termination.
Plans, Rates, Beta Versions
Plans
Fygaro offers various Plans for using the Service (the "Plan" or "Plans"), including:
Free trials with limited functionality. They expire if you do not upgrade to a paid plan ("Trial Plans").
Paid plans or subscriptions with different functionalities according to the modality contracted during the subscription period (hereafter "Paid Plan" or "Subscription"). Within these Subscriptions, there are different levels for each of the modalities and customized plans for Corporations and Non-Profit Organizations legally constituted and authorized for such purposes. The scope that each Paid Plan has, that is to say, the availability of functions, number of invoices, users, events, tickets, add-ons, and others, will depend on the contracted modality. The Paid Plan will be valid for the term contracted according to the available options; if not renewed, the Service will revert to limited functionality (or no functionality at all) upon expiration of such term. If you have a Trial Plan, you may use the Service only to determine whether to purchase a Paid Plan for a fourteen (14) day term.
Add-ons, which are complementary services that expand the functionality of your Account, may be added to select plans for an additional fee.
Details on the modalities, customized plans, and features associated with each of these are available at https://www.fygaro.com/w/en/pricing. Details specific to your Plan will be identified when you create your Account; these particular details and the Plan selected are hereafter referred to as the "Order Terms".
To the Order Terms apply these Terms and Fygaro's Privacy Policy. The Order Terms presented by Fygaro depend on how the User acquires the product, either through the Platform, through a third-party application or marketplace (App Store, Google Play, among others), or through the Service itself.
All Plans are limited to up to 2GB of storage; however, the User may request additional storage packages from Fygaro.
If you received a discount or other promotional offer from either Fygaro or a Reseller, Fygaro or the Reseller, respectively, shall have the right at the end of the applicable discount period to automatically, without notice, renew your Subscription to the Service at the complete rate in effect at that time.
Rates
The User shall pay the fees applicable to its Subscription ("Subscription Fees") and any other applicable fees, including but not limited to those related to the number of sales made through its Account when using a Payment Gateway ("Transaction Fees"), as well as any fees related to its purchase or use of any products or services, such as Fygaro Events Hub ("Ticketing Fees", which allows the Subscriber to create, post and manage online or in-person events and receive payments for tickets, add-ons, among other functionalities), Fygaro Links ("Payment Button," which allows the Subscriber to sell products or services, request payments, share links from social networks, external websites or messaging applications among other functionalities), vPOS, shipping, applications, Themes, or domain names ("Additional Fees"). Collectively the Subscription Fees, Transaction Fees, Ticketing Fees, vPOS Device Fees and Additional Fees shall be referred to as the "Fees".
To obtain a Subscription, you must pay Fygaro, or Reseller, the net amount by Credit and/or Debit Card ("Payment Method"), or as otherwise agreed with Reseller, for all applicable Fees, as well as any other charges for federal, provincial, state, local or other governmental, goods and services, harmonized or other taxes, duties or charges now or hereafter enacted ("Taxes"), as reflected in the Order Terms.
User shall maintain a valid payment method registered on the Platform to pay all incurred and recurring Fees. Fygaro will charge the applicable Fees and Taxes to any payment method authorized by User ("Authorized Payment Method"), and Fygaro will continue to collect the Authorized Payment Method for the applicable Fees and Taxes until the Services are terminated and any outstanding Fees and Taxes are paid in full. Unless otherwise stated, all Fees and Taxes shall be denominated in U.S. dollars and, accordingly, all payments shall be made in the same currency.
Subscription Fees shall be payable in advance and shall be billed at thirty (30) day intervals (each such date, a "Billing Date"). Transaction Fees, Ticketing Fees and Additional Fees will be charged from time to time, at Fygaro's discretion, and as applicable. On each Billing Date, the User will be charged for all outstanding Fees and Taxes not previously collected. Fees and Taxes will be reflected on an invoice, which will be sent to Subscriber via the Primary Email Address.
If Fygaro is unsuccessful in processing payment of Fees and Taxes using an Authorized Payment Method, Fygaro may make additional attempts to process such payment using a backup payment method. If the attempts are unsuccessful, Fygaro will suspend and revoke access to the Account. The Account will be reactivated upon payment of the outstanding Fees and Taxes, plus any Fees and Taxes applicable to the next billing cycle.
The User will not be able to access their Account during any suspension period. If outstanding Fees and Taxes remain unpaid for forty-five (45) calendar days after the date of suspension, Fygaro reserves the right to terminate your Account and delete the associated data.
The User is responsible for all applicable Taxes arising out of or as a result of the Subscription. These Taxes are based on the rates applicable to the billing address the User registers with Fygaro.
Taxes are amounts in addition to the Fees and will be billed to the User's Authorized Payment Method. If you or your company is exempt from payment of such Taxes, you must provide us with evidence of your exemption. If you do not have to pay taxes through Fygaro, you are responsible for determining whether Taxes apply to you and, you must make the appropriate payment to the tax authorities in your jurisdiction.
The User shall maintain their current location updated at all times in the settings module of their Fygaro Account and promptly update their address if they change jurisdiction.
Fygaro does not provide refunds. While you may cancel any Paid Plan at any time, you will not be issued a refund, except at our sole discretion or if directed by a competent authority by a duly reasoned determination. Some Paid Plans offer a Trial Plan for you to test your Subscription. Considering the free nature of the Trial Plan, under no circumstances may the User request refunds.
If you contact your bank or credit card company to reject, chargeback, dispute, or reverse the charge of any Fee payable to Fygaro ("Refund"), we may automatically terminate your Account. If you have questions about a payment you have made, we recommend that you contact Customer Service before filing a chargeback. We reserve the right to dispute any Refund.
Beta versions
Certain features of the Service may be made available to Users on a "beta," preview, or early access basis (or similar wording) ("Beta Version" or "Trial Versions"). If the User chooses to use the Beta Version, the User agrees that the Service may not be fully functional and may contain errors, bugs, omissions, and other problems. Fygaro does not guarantee that future updates to the Service will be released or available in Beta Version.
Support and Upgrades
Technical support will only be provided to active Account Subscribers who have purchased a Paid Plan and is only available by emailing support@fygaro.com. Fygaro makes every effort to assist prospects and demo account Users by emailing support@fygaro.com. In addition to this email, Fygaro has an online self-help center, which can be accessed through https://help.fygaro.com and other channels that Fygaro may make available at its sole discretion.
Fygaro may provide updates or upgrades to the Service ("Update"). All Updates will be governed by these Terms unless otherwise specified. In some cases, Fygaro may require the User to make a new download to enjoy the Updates. Updates and other changes to the Service (such as but not limited to design changes) are made at our discretion; therefore, by agreeing to these Terms, you also agree to the possibility that Fygaro may make these Updates. Fygaro does not warrant, and you agree, that the Service and/or its Updates will meet your personal or business needs.
Customer Data
Ownership of User Data
The data that the User enters into the Service shall remain the sole property of the User (hereafter referred to as the "User Data" or "Data").
Use of User Data
The User expressly authorizes Fygaro to use and process User Data for the sole purpose of operating, improving, and maintaining the Service under the laws for the Protection of Individuals concerning the Processing of their Data of the Republic of Panama. The User hereby gives its prior and unequivocal consent to process such data. Fygaro may use the services of third parties to provide the Service and allow such third parties to exercise their rights over User Data, undertaking that, as the sole and exclusive party responsible for the processing of User Data, it will only transfer the information of such Data to third parties whose level of protection is equivalent or higher than the General Regime for the Protection of Personal Data in the Republic of Panama.
Storage of User Data
The User is aware that Fygaro does not provide a storage service or data locker, which is considered an abusive use of the Service and entitles Fygaro to delete the Account and/or data associated with it and/or stored in the Service. Additionally, the User understands that they will be solely responsible for maintaining backup copies of the Data on their systems. Likewise, the User, as a Subscriber, acknowledges and agrees to be solely responsible for the processing of personal data collected as a result of the ordinary course of its business and, consequently, undertakes to inform its customers through its privacy policy how it carries out the processing of personal data of such Customers.
Obligations of the User
The User guarantees that: (i) Your use of the Service/the Platform complies with all applicable local, state, federal, and international laws and regulations, including those relating to privacy, data security, export control, applicable consumer information right, copyright and intellectual property laws, as well as those on electronic communications; (ii) You have obtained all necessary rights, releases and permissions, to permit the processing, use and disclosure of the Data you store on the Service/the Platform under these Terms; (iii) the User Data does not violate any law, third party rights (including intellectual property rights, privacy rights or rights of publicity) or any applicable user privacy policy; and (iv) You will not use the Service/Platform to support, or to continue, any activity prohibited by any law (for example, money laundering) or, even if not prohibited by law, for gambling, prostitution, alcohol, drugs, pharmaceutical, business or health services; except as permitted by law in your territory of operation.
Prohibited Data
Except in the fields where expressly requested, the User agrees not to store on the Service/Platform any tax identification number, bank account number, or credit or debit card number. The User agrees that Fygaro is not liable in case of damage or misuse of the above information, in case the User saves it on the Service/Platform. In addition, the User agrees not to include in any invoice issued by the Service or otherwise provide on the Service/Platform medical information, patient data, or other protected medical data regulated by any applicable law, or regulation..
Use by Attorneys
If the User is acting as a lawyer duly licensed to practice law in its jurisdiction, the User shall not provide information that constitutes or could reasonably be considered confidential or privileged information of the lawyer.
Responsibility for the User's data
Fygaro assumes no responsibility and assumes no risk for User Data. The User is solely responsible for its use of the Service and the Data it includes therein, and Fygaro assumes no liability in this regard.
Indemnification of the User
Customer shall indemnify, defend and hold harmless Fygaro (its affiliates, employees, agents, officers, directors, and customers) against all damages, liabilities, costs, and expenses (including reasonable attorney's fees) resulting from or arising out of a claim by a third party for actual or alleged breaches of these Terms, negligent acts or omissions, violations of applicable laws, rules, regulations, among others, by Customer, its affiliates, and/or authorized persons.
Third-Party Services
The Service is integrated with various third-party services and applications (collectively, "Third Party Services") that may make their content, products, or services available to you.
Examples of Third-Party Services include some domain name registration services, social networking platforms, e-commerce payment processors (as defined below), and other integrations or extensions.
If the User uses the Service with (or to submit User Data to) any Third-Party Services (as permitted through the standard functionality of the Service), the User (not Fygaro) shall be fully responsible for and bear all risks arising from the use of such third-party products or services and the use of User Data by such third parties.
Third-Party Services may have their terms and policies, and their use will be governed by those terms and policies. Any information that a Third-Party Service collects, stores, and processes from you or your Account will be subject to the terms of service, privacy policy, or similar terms of such Third-Party Service and will not be subject to our Privacy Policy.
Fygaro is not responsible for how third parties use User Data once it has left our system. By using Third Party Services, the User acknowledges that User's security is the User's responsibility.
Fygaro may receive a revenue share from Third Party Services that it recommends to the User or that the User engages through the Service. You agree that we may, at any time and in our sole discretion, and without prior notice, suspend, disable access to, or remove any Third-Party Service without liability to you for any such suspension, disabling, or removal, including, without limitation, loss of profits, revenue, data, goodwill or other intangible losses, or business interruption, costs or expenses that may be incurred or experienced by the User as a result (except where prohibited by applicable law).
Aggregated / Anonymous Data
Fygaro may compile User Data with other data so that the results are not personally identifiable and may collect anonymous technical and other data about the User's use of the Service ("Aggregated / Anonymous Data"). Fygaro will own this Aggregated / Anonymous Data and may use it for marketing, reporting, and other lawful business purposes.
Disclosure of Information
Fygaro may share User Data when it has a good faith belief that access, use, preservation, or disclosure of such information is reasonably necessary to: (i) satisfy any applicable law, legal process, or governmental request; (ii) enforce these Terms, including potential investigations of violations; or (iii) protect against imminent harm to the Service, the rights, safety or security of Fygaro, its Users or the public as required or permitted by applicable regulations.
Collection of other data
Fygaro uses the information in your Account and certain other information about your use of the Service in accordance with our Privacy Policy.
You agree not to purchase pay-per-click keywords from a search engine (such as Google AdWords) or domain names that use Fygaro trademarks or variations and misspellings thereof.
Add-Ons
If Users choose to contract any of the additional services or "Add-On," which will be said, the clauses relating to each of these services shall apply in particular:
Use of the payment gateway option (the "Payment Function").
The Platform enables the option for Subscribers to receive payments from their Customers. These payments are processed through our payment partners (some choices include First Atlantic Commerce, CyberSource, Klap, FirstData, PayPal, and Yappy, among others) and the bank where the Subscriber maintains their merchant account. When using the Payments feature, Subscriber must provide all information requested by our payment partner. Your relationship with the payment partner (including the use of your information and any charges you owe) is governed by the payment partner's terms of service and privacy policies, and any other terms presented through the Platform. If you agree to provide Fygaro directly with the information listed, we will handle the information as customer data under these Terms and our Privacy Policy. Neither Fygaro nor its affiliates are a party to nor are we responsible in any way for the acquiring agreements, privacy policy, or other terms of use between you and your bank, acquirer, vendor, or any payment partner. Nothing in these Terms modifies such terms of your supplier; however, in the event of any inconsistency between the Terms and those governing the relationship with such third parties, this Agreement shall prevail in all matters relating to obligations and liabilities between Fygaro and Subscriber.
Any purchase or payment is solely between you and Customer; Fygaro is not a party to your transactions and assumes no responsibility for your products, services, or offerings. Fygaro is not your bank, agent, trustee, or has any involvement in your flow of funds or payments. Any payment disputes must be resolved between you and the end Customer. Without limiting Section 8 (limitation of warranties) or Section 9 (limitation of liability), Fygaro makes no warranties and assumes no responsibility or risk for payments or other disputes, chargebacks, overcharges, late payments, insufficient funds, expired cards, circumstances beyond our control (including, without limitation, power failures, service interruptions or otherwise) or other situations related to transactions made through the Platform, to the maximum extent permitted by applicable law. Notwithstanding anything to the contrary, Fygaro may modify, suspend or terminate the Payment Feature at any time without notice or liability to you or others.
You agree that by using the services of any of the payment partners, you agree to pay a net amount per transaction (outlined in your "Order Terms"), including but not limited to transactions for sales, debits, declines, authorizations, captures, credits, tokenization, reversals, and refunds.
By using the Payment Function, you affirm that you have read, understand and agree to all of the terms and conditions outlined in this Agreement and the respective payment partner's terms of service and privacy policy. If the Payment Partner updates its terms of service and you do not agree to any change in the Payment Partner's terms of service, deactivate your account with the Payment Partner and discontinue the use of the Payment Partner's gateway from your account.
Fygaro Shops (“Fygaro Shop”).
You can customize the appearance of your e-commerce through the Fygaro Shop option, with a design template from the Fygaro theme gallery (a "Theme"). By selecting a Theme, the Subscriber is licensed to use it only on the Platform and its e-commerce; you may not transfer or sell it to another User. Fygaro does not offer any guarantee that a Theme will remain available indefinitely.
You can modify the Theme to suit your brand, being that you are solely responsible for the ownership of copyright and intellectual property of the logo or photos relating to your brand. Fygaro may add or modify the footer to reference Fygaro at its discretion. Fygaro may modify a Topic where it contains, at our sole discretion, an element that violates acceptable use policies or this Agreement. Fygaro may modify the Theme without notice to reflect technical changes and updates as necessary.
The intellectual property rights in each Theme shall always remain the property of Fygaro. If you exceed the rights granted by the purchase of a Theme, Fygaro may take legal action against you, as well as take administrative measures, including but not limited to modifying your e-commerce.
It is the responsibility of the User, and not Fygaro, to ensure that the installation of a new Theme does not overwrite or damage the current or pre-existing theme or UI of the Subscriber.
Fygaro Events (“Fygaro Eventos”)
We offer an events management platform ("Events Hub") that helps event creators (the "Organizer") and anyone using the Services to consume information and/or attend events (the "Consumers") thrive and connect through memorable experiences. Through our Services, Organizers can create, post and manage online or in-person events and receive payments for tickets to said events (the "Ticketing Services").
If you are an Organizer, along with your other representations and warranties, you represent and warrant to us that:
It is the responsibility of the Organizer, and not Fygaro, to obtain before starting ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for Your Events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;
You will comply, and will ensure that the venues for Your Events will comply, with all applicable laws, regulations, rules, and ordinances;
You will maintain throughout the use of the Services the applicable Licensure to promote, produce, sponsor, host, and sell tickets for all of Your Events; and
You will provide evidence of Licensure and related information prior to offering tickets or registrations for Your Events and promptly upon our reasonable request from time to time.
Fygaro is not the creator, organizer, or owner of the events listed on the Services nor are we the seller of tickets, registrations or any merchandise on the Services. Instead, Fygaro provides our Services, which allow Organizers to manage ticketing and registrations and promote their events.
When hosting an event, the Organizer is solely responsible for ensuring that their event and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner.
Fygaro charges fees ("Ticketing Fees") to list an event and to buy/sell paid tickets or registrations. These fees may vary based on individual agreements between us and certain Organizers. In some cases, Organizers may determine whether these fees will be passed along to Consumers and shown as "Fees" on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds.
The fees charged to Consumers may include other charges, including facility fees, royalties, taxes, processing fees, and fulfillment fees. This means that the fees paid by Consumers for an event are not necessarily the same as those charged by us to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, some fees are meant to defray costs incurred by us, but may in some cases include an element of profit and in some cases include an element of loss.
You agree that by using the Ticketing Services, you agree to pay a net amount of Ticketing Fees (outlined in your "Order Terms"), including but not limited to fees per tickets issued, Add-Ons, tickets validated, unused tickets, refunded tickets, published events, and cancelled events.
We do not control (and cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.
By using the Ticketing Services, you affirm that you have read, understand and agree to all of the terms and conditions outlined in this Agreement.
Fygaro Wallet (“Fygaro Wallet”)
Users may create an account called Fygaro Wallet to store their information for faster payment (including "Scan & Pay," a functionality of the Platform that allows the User's hardware devices to be used as a card collection terminal or digital means of payment) on Subscribers' e-commerce and/or to Fygaro.
We may ask you if you would like us to "remember" you. When you use Fygaro Wallet, and if you authorize us to "remember" you, we will store certain identifying information, such as your email address or cell phone number, and payment information you provide to us, such as credit card, debit card or bank account numbers ("Payment Account Data"). As part of your Payment Account Data, we may also store information, such as your name, billing address, and shipping address. The benefit of us remembering you is that you will be able to pay Fygaro more quickly and easily, as well as when you visit other sites or applications of some of our Subscribers, which may be especially useful when you are using a mobile device or do not have your Payment Account Data handy. By checking the acceptance box and providing your Payment Account Information, the User accepts and gives formal consent, under Panamanian law and Fygaro's Privacy Policy. In this sense, the User acknowledges that they have read, understood, and have no doubts related to the form, means, and purpose for which their data has been requested and that they expressly and voluntarily accept their registration in Fygaro's database and authorize the processing of their Payment Account Data and any other data necessary for the use of Fygaro Wallet that has been granted.
Cookies or similar technologies used by Fygaro to link your web browser or device to your Account login credentials will allow Fygaro to recognize you when you return to the Platform. The Customer will then be able to make purchases using the Payment Account Data you have saved. If we do not recognize you (for example, because you are logged out of Fygaro Wallet), we may provide you with a way to verify yourself (for example, by sending you a verification code via email or SMS text message) so that the previously stored Payment Account Data can be used. You may review our Privacy Policy for further reference on this point.
You may only store the Payment Account Data you are authorized to use. Fygaro Wallet does not change anything else about the relationship between Customers and Subscribers. In addition, your relationship with your payment method (e.g., your bank or credit card company) does not change. Removing a payment method from your Fygaro Wallet does not cancel or change any obligation or amount you still owe to a Subscriber.
Neither Fygaro nor its affiliates are a party to any cardholder agreement, privacy policy, or other terms of use for your payment methods. Nothing in these Terms modifies any such issuer terms. In the event of any inconsistency between these Terms and your issuer's terms or privacy policy, these Terms will govern the relationship between you and Fygaro concerning Fygaro Wallet, and your issuer's terms will govern the relationship between you and the issuer. Fygaro does not represent or verify that any of your payment instruments are current in payment or that the issuer will authorize or approve any transaction with a Subscriber when you use Fygaro Wallet.
Neither Fygaro nor its affiliates are involved in issuing a credit or determining eligibility for credit, nor do they exercise control over the availability or accuracy of payment media or funds; the provision (or addition) of payment media to Fygaro Wallet; or the addition of funds to payment media balances. For any questions regarding the above, please, contact your payment method issuer. Keep your payment card details up to date. Fygaro may update Payment Account Data, without any action on your part, based on proprietary and third-party resources available to us.
The Customer agrees that when initiating a payment using Fygaro Wallet with a Subscriber, Fygaro may pass details of your payment method and related information (such as your contact, billing, and shipping data where relevant to complete the transaction) to the Subscriber. Fygaro will have no further involvement in the transaction, and you acknowledge and agree that such transaction is solely between you and the Subscriber and not with Fygaro.
You should contact the third party or your payment method provider (e.g., your payment card issuer) directly regarding any issues related to third-party transactions, including refunds and disputes.
When you purchase something from a Subscriber, and the transaction is ultimately refunded, the money will be refunded to the original payment method you used. If your default or selected payment method is not available or the transaction is not successful using that payment method (for example, because your bank account does not have sufficient funds), we may charge one of your other saved payment methods to the Payment Account Data in Fygaro Wallet. In such cases, we will identify a backup payment method before you complete the purchase (for example, either during a one-time payment or, for any subscription payment, during the initial subscription purchase). If you do not want us to charge a backup payment method, you must remove your other payment methods from your account.
We will make all reasonable efforts to keep your payment account details secure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We recommend that you use a strong password and never share it with anyone or use the same password on other sites or accounts. If you have reason to believe that the security of your account has been compromised, please, contact us immediately at support@fygaro.com.
Fygaro will tokenize your card and encrypt your data to keep it secure. In addition to being PCI-DSS certified, Fygaro will ensure the protection of your Payment Account Data, being that the User understands and accepts the terms of the treatment of his Data according to this Contract and the Privacy Policy. To verify it is you, we may send you a text message or email with a one-time use code when you use Fygaro Wallet on a new site or device.
Domain Registration ("Domain Registration")
When you purchase a domain name through Fygaro for your e-commerce, the Domain Registration will not be scheduled to automatically renew each year. You acknowledge that it is your sole responsibility to contact Fygaro at least 15 calendar days before the renewal date if you wish to renew. Failure to notify Fygaro at least 15 calendar days in advance will result in the domain name being allowed to expire, and repurchase and activation fees may apply.
Logistics Service
Some Fygaro Subscription Plans allow you to connect your own DHL account and other logistics providers to offer negotiated rates from DHL (or the selected logistics provider) and purchase labels using your own negotiated rates with the provider. If you add a carrier account, all charges, credits, refunds, and fees used on your carrier account are between you and your supplier. You are responsible to your supplier for all purchases made with your carrier account.
The rates that arose on payment and tag purchases when using your carrier account are estimates only and may not accurately reflect the rates you have obtained from your supplier. Fygaro is not responsible for the accuracy of the rates at the time of purchase or tag purchases where you use your carrier account. Fygaro can assist you in connecting your DHL carrier account with the Fygaro Logistics module, but Fygaro is not responsible for support requirements related to your selected DHL carrier account or supplier. Please, contact your supplier if you have any questions or problems with your carrier account.
Ownership
Fygaro and its licensors retain all rights, title, and interest (including all intellectual property rights) in the Service and any related and underlying technology and documentation. The User obtains only a limited right of use to the Service, regardless of using words such as "buy," "sell," or similar terms. If the User submits comments or suggestions about the Service, Fygaro may freely exploit the comments (including as part of the Service) without restriction by intellectual property rights or otherwise.
Termination and Suspension
These Terms shall remain in full force and effect until termination of the Agreement between the parties except for the obligations contained in Section 11, which shall continue in effect between the parties for an additional five (5) years after termination of the relationship for any cause.
The User may cease to use the Services at any time by notifying Fygaro at support@fygaro.com of the User's intention to terminate. The User understands and agrees that Fygaro reserves the right to establish the specific process that the User must follow for effective termination.
For its part, Fygaro may immediately terminate or suspend the Service for breach of the obligations described in Sections 2 and 4, continued breach of any other obligations outlined in these Terms, and/or to prevent harm to the Platform or other Users. In particular, and without limiting any other remedies, Fygaro may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity related to your use of the Platform.
Regardless of the grounds for termination, Fygaro will continue to use the payment method authorized by the User on your Account for the complete collection of the applicable fee owed by the User. In the case of Trial Plans and beta versions, Fygaro may terminate or suspend the Agreement at any time for any or no reason. User understands and agrees that if Fygaro ceases to offer the Service or if Fygaro's right or ability to provide the Service is restricted, suspended, or terminated (whether under a legal mandate or by other third parties), Fygaro may immediately terminate or suspend this Agreement, without liability.
Upon termination of the Services by either party:
Fygaro will cease to provide the Services to you, and you will no longer be able to access your Account;
Unless otherwise stated, the User shall not be entitled to any refund of any Fees, pro-rata or otherwise;
Any outstanding balance owed to Fygaro for your use of the Services up to the effective date of such termination shall be immediately due and payable in full;
If you owe any amount on the date of termination of the Service, you will receive a final invoice by email. Once the invoice is paid in full, you will not be charged again.
Your e-commerce website will be disconnected;
If you purchased a domain name through Fygaro, upon cancellation, your domain will no longer be renewed. After termination, it will be your sole responsibility to transfer your domain and handle all matters related to your domain with the new domain provider you select;
The User shall not have access to any data stored on the Platform, and Fygaro may delete all User Data at any time unless prohibited by applicable law.
You agree to delete or return, upon Fygaro's request, all Fygaro Confidential Information.
Disclaimer of Warranties
To the fullest extent permitted by law, the Service is provided "as is" and Fygaro, its directors, officers, agents, licensors, or their related entities expressly disclaim any warranties and representations of any kind, including warranties of non-infringement, title, fitness for a particular purpose, functionality or merchantability, whether express, implied or statutory.
In this regard, Fygaro assumes no responsibility for the use of the Service as a suitable mechanism for the activities that the Subscriber wishes to carry out being the responsibility of the Subscriber to verify the suitability and legality of the use of the Platform for their purposes. The Service is not intended to provide or substitute for professional advice.
To the fullest extent permitted by law, there is no warranty that the Platform will be error-free, that access will be continuous or uninterrupted, that information provided or used with the Service will be secure, accurate, complete, timely, or that any User information will be preserved or maintained without loss. Fygaro shall not be liable for any failure, for which it is not responsible, as outlined in Section 14.
Limitations of Liability
To the maximum extent permitted by law, in no event shall Fygaro, its directors, officers, agents, employees, licensors, or its related entities be liable to Users or third parties for any loss of profits, loss of use, loss of data, business interruption, failure of security mechanisms, or any punitive, special, incidental, indirect or other damages.
In the case of Subscribers, if a competent authority determines Fygaro's liability as a result of the provision of the Services, Fygaro shall indemnify the affected party in an amount not to exceed: (a) the amount paid or payable by Subscriber to Fygaro in the preceding three (3) month period or (b) one hundred ($100) dollars, whichever is greater. This section shall survive and apply even if any term of this Agreement is found invalid or unenforceable. The User acknowledge that these limitations are an integral part of these Terms and the reasonable allocation of risk between the parties, and in the absence of such limitations, the fees and other provisions in these Terms would be substantially different.
Confidential Information
The parties acknowledge that because of the use of the Platform, they may become aware of information that is confidential to either party, whether in physical, electronic, written, audio, or video form, including but not limited to Fygaro's proprietary Platform, trade secrets relating to the Platform, business model, pricing and features of Services, instructions, manuals, processes, and procedures or otherwise, as well as other proprietary intellectual property of Fygaro. Such information shall be considered restricted and confidential (the "Confidential Information"). The Confidential Information is and shall always remain the exclusive property of the original party.
Each party's Confidential Information may not be disclosed without the prior written consent of the party owning such Confidential Information. Fygaro and the User agree not to disclose the Confidential Information of the other party, not to copy it, reproduce it, or in any way disclose it, and to use it only to fulfill the obligations and exercise of the rights contracted under these Terms. The parties agree to keep and cause their affiliates, agents, trainees, apprentices, authorized assigns, customers, collaborators, directors, employees, officers, subcontractors, successors, and volunteers to keep strict confidentiality of the matters entrusted to them.
The User agrees and acknowledges that Fygaro may use the information obtained from the User, including Confidential Information, for the creation, preparation, and/or compilation of proposals for Services, as well as for the generation of general, statistical, marketing, commercial, or any other type of information that Fygaro requires for its activities, including the management of the Platform.
Confidential Information shall not be considered that which (i) is in the public domain or is obvious to a technician in the field; (ii) has been legally obtained from a third party without the duty to keep it confidential; (iii) must be disclosed under a valid subpoena, process, writ, injunction, measure, notice, order, subpoena, or other valid procedural act by an arbitration, conciliation, or judicial authority; (iv) must be used as evidence in a proceeding or proceeding between the Parties; and/or (v) is disclosed by a party in compliance with these Terms.
If any unauthorized use or breach of privacy of Confidential Information is discovered, the discovering party shall be under an obligation to immediately inform the other party and shall cooperate in all reasonable ways and means to regain control and possession of the compromised Confidential Information and to prevent its further unauthorized use or disclosure. Unauthorized disclosure by Users of Fygaro's Confidential Information entitles Fygaro to seek injunctive and equitable relief in a court of competent jurisdiction without posting a bond to protect its Confidential Information.
Modification to the Terms
Fygaro may, in its sole discretion, modify these Terms (including, without limitation: the Service fees and the features and scope of the Plans) from time to time by posting the amended and updated Terms on the Platform, effective as of the date of publication. If you have a Beta Version, the modifications will take effect immediately. For Subscribers who have purchased a Paid Plan and do not agree with the modifications made to the Terms, Fygaro must be notified of their disagreement within fifteen (15) calendar days of receiving the notification of modifications. Fygaro, in its sole discretion and at its sole remedy, may elect to: (a) allow you to continue to use the Service under the previous version of the Terms until your next renewal or plan expiration (after which the changes will take effect) or (b) allow you to terminate this Agreement. Upon any changes to these Terms, you may be required to accept the modifications by clicking to continue the use of the Service; in either case, your continued use of the Service after the changes constitutes your acceptance of the modifications.
Jurisdiction and Applicable Law
The country selected at the time of registration by the User determines with which Fygaro entity the User shall enter into this Agreement. For these purposes, the residence is understood as the country of the User's primary domicile. If the User resides in the Republic of Panama, the contract will be entered into with the entity Fygaro PA Inc. If the User resides outside the Republic of Panama, the contract will be entered into with Trambia Inc.
In any case, this Agreement is governed in all its points by the laws in force in the Republic of Panama. Any dispute arising out of this Agreement, its existence, validity, interpretation, scope, or performance, shall be submitted to the competent courts of the Republic of Panama.
Failures Not Imputable to Fygaro and Duty of Notification
Fygaro shall not be liable for any failure or delay in the performance of the Services (including, without limitation, the provision of the Services) due to any cause beyond its reasonable control, including acts of war, pandemics, fortuitous cases, earthquakes, floods, embargoes, riots, sabotage, labor shortages or disputes, governmental actions, third party acts, failure of third party software or equipment (including, without limitation, those under the control of third party suppliers or third party components), electrical or power failures, loss of Internet protocol packets or misrouting and any failure of Internet connectivity.
The User affected by any failure in the provision of the Services shall notify Fygaro at [support@fygaro.com] as soon as possible and in no case more than ten (10) days from the beginning of the event.
If you have any inquiry, complaint, or claim related to the product, please, contact Fygaro at the following email: support@fygaro.com.
Notifications and Communications
The User shall maintain a valid and functional email address associated with its Account to receive notices, communications, and notifications related to the Services and the Platform.
Fygaro may send notices to the User by email to the address associated with the Account. Such notification shall be deemed duly served after twelve hours.
General Provisions
These Terms constitute the complete terms relating to the use of the Platform. If any provision of this Agreement shall be declared void by a court of competent jurisdiction, the remaining provisions shall nevertheless remain in full force and effect. Fygaro and the User agree to renegotiate any term that is declared void.
These Terms may be available in languages other than Spanish. To the extent of any inconsistency or conflict between the Spanish version of the Agreement and versions available in another language, the most recent Spanish version posted on the Platform shall prevail. Any dispute arising under these Terms will be resolved in Spanish unless Fygaro determines otherwise (acting in its sole discretion) or as required by applicable law.
You may not assign or transfer this Agreement to a third party or any (or any of the) right(s) hereunder, and any attempted transfer or assignment shall be void. This Agreement may be assigned by Fygaro at its discretion without User's consent.
No waiver of any rights under this Agreement, any Fygaro policy, or any additional agreement between User and Fygaro shall constitute a further waiver of this Agreement.