Terms & Conditions (Credit Card)

Below you will find the terms and conditions (hereinafter, "Terms and Conditions"), which constitute the contractual agreement between Pier 5, S.A. de C.V. (the "Company"), and the Client, for the use of this product.

Review the following Terms and Conditions for a Personal Credit Card. By accepting them, or by accessing or using the product, you are deemed to have read, understood, and fully accepted the contents of these Terms and Conditions.

These Terms apply to the use of the Personal product available on the domain www.arqfinance.com, which is included in the Platform, related to this product.

The Company is a legal entity constituted in accordance with the laws of the United Mexican States ("Mexico"), with address at Paseo de la Reforma 296, piso 14, suite 1400, Colonia Juárez, Alcaldía Cuauhtémoc, C.P. 06600, Ciudad de México, México, and with electronic address at help.mx@arqfinance.com, or through the use of chat via the Platform, during business hours of 9:00 a.m. to 5:00 p.m. (GMT-6 / Mexico City), Monday through Friday.

To learn about how we handle your personal data, your rights regarding it, and about the use of our cookies, we invite you to review our Privacy Notice, available on the Platform.

1. Definitions

The terms with initial capital letters shall have the definition attributed to them below:

"Privacy Notice":

The privacy policy, available on the Platform.

"Cover Page":

Document attached to the present that allows identifying the characteristics of the Credit Line.

"CAT":

Total annual cost of financing expressed in annual percentage terms that, for informational and comparison purposes, incorporates all of the costs and expenses inherent to the Credit Line, contained in the Cover Page.

"Client":

Any natural person who becomes linked through these Terms and Conditions with the Company and obtains a Credit Line linked to a Card.

Controlling Beneficiary”:

The natural person or group of natural persons who:

Directly, or through any Client or User, ultimately obtains the benefit of enjoyment, use, possession, exploitation, or disposal of the good or service derived from the performance of an act or transaction with the person carrying out a Vulnerable Activity; or

Ultimately exercises effective control over the legal entity that, in its capacity as Client or User, carries out acts or transactions with the person carrying out a Vulnerable Activity, as well as the persons on whose behalf any such acts or transactions are performed.

A person or group of persons is understood to ultimately exercise effective control over a legal entity when, through ownership of securities, by contract, or by any other act, under the applicable General Rules of the LFPIORPI, such person or group may:

Impose, directly or indirectly, decisions at general shareholders’ meetings, partners’ meetings, or equivalent bodies, or appoint or remove the majority of directors, administrators, or their equivalents;

Hold ownership of rights that allow them, directly or indirectly, to exercise voting rights over more than twenty-five percent of the corporate capital; or

Direct, directly or indirectly, the administration, strategy, or main policies of the entity.

For purposes of Chapter IV Bis of this Law, a Controlling Beneficiary shall be understood as anyone who has control of a legal entity under subsection b) above, even if such legal entity is not a Client or User of someone carrying out Vulnerable Activities, or if acts or transactions are carried out with such persons on its behalf.

For purposes of the LFPIORPI and other applicable legal provisions, the definition of Controlling Beneficiary is equivalent to final beneficiary and beneficial owner.

"Fees":

Charges and costs that the Company will charge the Client in terms of these Terms and Conditions; identified in the Cover Page.

"Conditions of Drawdown":

Those conditions that the Client must comply with in order to be able to make Drawdowns on the Credit Line granted by the Company.

Credit Date”:

No later than the calendar day immediately following the day on which the Client makes a transfer of funds or a credit to their account as payment.

"Company Account":

The account or wallet opened by the Company in favor of the Client, under the terms of these Terms and Conditions, and the Terms and Conditions - "Personal" Platform, available on the Platform.

"Business Day":

Any day of the year, except those designated as non-business days by the National Banking and Securities Commission.

"Drawdown":

The act by which the Client disposes of part or all of the amount of the Credit Line, depending on the Digital Asset involved.

"Account Statement":

Document issued by the Company, made available to the Client free of charge, corresponding to the relationship regarding the contracted products, the movements made, and their characteristics, in terms of paragraph 13 of these Terms and Conditions.

"The Company":

Pier 5, S.A. de C.V.

"Payment Deadline":

The first calendar day following the day the Client makes the Drawdown of the Credit Line, or the next Business Day.

"Credit Line":

The Credit Line in current account granted in terms of these Terms and Conditions for the amount identified in the Cover Page.

"Mexico":

United Mexican States.

"Parties":

The Company and the Client, jointly.

"Platform":

The website www.arqfinance.com, its subdomains, the application for mobile devices, and all those web pages and platforms present or future whose owner is the Company.

"PROFECO":

Federal Attorney for Consumer Protection.

"SIC":

Credit Information Company in terms of the Law to Regulate Credit Information Societies.

"Terms and Conditions":

These present terms and conditions, available on the Platform.

"Terms and Conditions - "Personal" Platform":

The terms and conditions referring to the Platform, which govern the general contracting with natural persons, available on the Platform.

Politically Exposed Person” or “PEP”:

The natural person who performs or has performed public functions in national territory or in a foreign country, as well as the persons related to them who meet the conditions and characteristics established by the Ministry of Finance and Public Credit, in accordance with the LFPIORPI and the respective rules or general provisions.

"Card":

Physical or digital means of drawdown issued by the Company in favor of the Client, used to draw on the Credit Line.

LFPIORPI”:

The Card is personal and non-transferable, for use in Mexico or abroad. Cards are issued with features that allow storing and processing information to verify the movements made by the Client.

The Federal Law for the Prevention and Identification of Transactions with Resources of Illicit Origin, as well as its Regulations, Rules, and secondary regulations.

"Additional Card":

Any Card that the Client requests in favor of third parties authorized by the Client.

"Interest Rate":

That expressed in terms of the Cover Page, fixed, and corresponding to the interest that the Client must pay for the Credit Line. This may be ordinary or default interest, as appropriate.

USDs” or "Digital Dollars":

A digital asset that the Client acquires and holds through the Entity or Affiliated Entities, in accordance with the applicable terms and conditions, whose value is pegged to the United States dollar.

EURc” or "Digital Euros":

A digital asset that the Client acquires and holds through the Entity or Affiliated Entities, in accordance with the applicable terms and conditions, whose value is pegged to the euro.

Affiliated Entities

Entities belonging to the same economic group as Pier 5 S.A. de C.V., which may be responsible for providing virtual asset services to the Client, such as custody.

2. Object: Credit Line

The Client accepts and acknowledges that, through the acceptance of these Terms and Conditions, the Client contracts the Credit Line from the Company, whereby the Company makes available to the Client the amounts indicated in the Cover Page.

The amount of the Credit Line is granted without prejudice to any other instrument executed previously with the Client. The amount of the Credit Line does not include nor does it comprise interest, Fees, or any other item.

The Client is obligated to pay the principal; the accrued interest; the Fees; and the other items that correspond.

The Client accepts and acknowledges that any amount of the Credit Line that the Client receives is received at the Client's request and full satisfaction, through one or more Drawdowns, which shall be payable on demand.

The amount of the Credit Line is granted without prejudice to any other instrument executed with the Client. The amount of the Credit Line does not include nor does it comprise interest, Fees, or any other item. In any case, it shall be variable and may be increased or decreased in accordance with the Digital Dollars, or Digital Euros, as appropriate, with which the Client has in their Company Account.

The Client acknowledges that, having made a Drawdown, the Credit Line shall be reduced in its available amount, until such time as the Client does not repay the same through a credit to be reflected on the Credit Date, by means of payment on the Payment Deadline or the date on which the Client makes payment, without prejudice to what is established herein.

The Credit Line shall be guaranteed and referred against the number of Digital Dollars, or Digital Euros, as appropriate, that the Client maintains in their Company Account. In the event that there are no Digital Dollars, or Digital Euros, as appropriate, in the Company Account, the Client shall not be able to make a Drawdown.

3. Drawdown and Means

The Client is obligated to comply with the Conditions of Drawdown. For these purposes, the Client must:

  • Have delivered and provided to the Company all necessary documentation for the execution of the present, in accordance with the requirements established by law.

  • Have an acceptable credit history in accordance with the Company's criteria, presenting the necessary financial documentation.

  • Maintain in their Company Account the quantity of Digital Dollars, or Digital Euros, as appropriate, in accordance with the amount of the Credit Line.

  • Have paid the corresponding Fees, and be current with payments on the Payment Deadline that corresponds.

Once the above requirements are met, the Client may instruct Drawdowns through any enabled means and using the Card.

In the event that the Client instructs unconditionally and irrevocably the Company to keep in guarantee the amount of Digital Dollars, or Digital Euros, as appropriate, equivalent to the disposed amounts of the Credit Line, the Client shall not be able to make Drawdowns of the same and up to such amounts.

As a means of drawdown, the Company will deliver to the Client a deactivated physical Card. It shall be the obligation of the Client, if required, to perform its activation and PIN change through the Platform.

The Card shall contain unique identification digits, the expiration date, the brand holder, and the security code, among others, as well as an integrated circuit or chip which, together with the PIN, constitute two independent authentication factors that will allow the Company to identify the Client uniquely and unequivocally.

Any transaction carried out with the Card, except for a claim for theft or loss, shall be directly attributable and shall be presumed to be made by the Client.

For the performance of transactions with the Card at point of sale terminals and at automated teller machines, the Client must use their PIN.

In the event that the PIN is entered incorrectly three times, for security, the Card shall be blocked and it shall be necessary to replace it.

The Client may freeze/cancel their Card through the Platform whenever they wish, remaining disabled until there is an express instruction from the Client indicating otherwise.

4. Interest

The Client is obligated to pay the Company the interest that accrues as a result of the execution of the present, calculated on the Credit Line.

The Drawdown of the Credit Line shall not accrue ordinary interest.

In the event of default in the fulfillment of its obligations, the Client is obligated to pay the Company, and at the rate of the Default Interest Rate, the default interest that accrues as a result of the execution of the present, calculated on the outstanding balances in the percentages established in the Cover Page.

Default interest shall accrue, without prejudice to any other consequences that result from the Client's failure to pay.

Default interest shall be calculated by dividing the default rate by 360 (three hundred sixty) and shall be multiplied by the days elapsed in a state of default.

5. Fees

The Client is obligated to cover, in a timely manner, the amounts corresponding to the Fees indicated in the Cover Page, for the execution and fulfillment of the present.

The Fees to be covered shall only accrue for the items that appear in the Cover Page and shall maintain, unless restructured or modified, their characteristics. Fees shall only be charged upon their accrual per act, event or fact, as appropriate, and without duplication.

The updated Fees shall be covered at the latest on the same day of their accrual; in the event of being a non-business day, on the next Business Day following their accrual.

In any case, the Company shall issue Digital Tax Receipts by Internet (CFDI), that is, electronic invoices relating to the income that corresponds, as well as for the refunds, discounts, or bonuses applied to these, according to the Terms and Conditions of the platform.

6. Place and Form of Payment

All payments in Digital Dollars, or Digital Euros, as appropriate, to the Company Account shall be made by the Client in order to repay their Credit Line.

Any payment made, regardless of the amount, means, place and other circumstances, shall be understood as made and received in Mexico City.

7. Anticipated and Advanced Payments

The Client may make credits, prepayments, or early payments without penalty or adjustment of any other charge, provided that the Client is current in the performance of its obligations hereunder, or under any restructuring or amendment thereof.

In order to maintain the continuous availability of the Credit Line and as a credit-risk reduction measure, ARQ may, at its sole discretion, implement structures to streamline and make the payment methods more efficient.

The credit, prepayment, or early payment shall be applied directly to the outstanding balance on the Credit Date and to the reinstatement of the Credit Line.

Once the anticipated or advanced payment is made, the Company shall send the Client the corresponding payment receipt.

The Client may request from the Company the amount of their Credit Line and the Company must send it within 5 (five) Business Days following the request, or shall deliver it together with the corresponding Account Statement in accordance with paragraph 13 hereof.

In the event that the Client makes an anticipated payment, the Company shall make the adjustment of the amount to the pending payments to be made.

In the event that the Client makes an advanced payment, the Company shall apply it to the payments to be covered, with the balances that are not fully covered remaining pending, without any other effect than this.

8. Expenses and Taxes

The Client is obligated to cover all expenses incurred by the Company due to judicial or extrajudicial collection of its obligations; including, without limitation, fees, expenses and court costs, consultancies, proceedings, among others.

The above shall be exigible starting from the day immediately following their expense, and shall accrue default interest for their non-payment.

The Client is obligated to cover all taxes, duties and other contributions that accrue as a result of the execution and fulfillment of the present; including any type of sanctions, interest, fines, surcharges and in general tax liabilities accrued. That is, the tax burden of the present shall be borne by the Client.

In the event that, in accordance with the applicable tax regulations, the Company must withhold and remit taxes, the Company shall do so, making the Client aware of it.

9. Application of Payments

Payments shall be understood and applied, in accordance with the following order:

  1. Judicial or extrajudicial collection expenses;

  2. Conventional penalties;

  3. Fees;

  4. Default interest;

  5. Ordinary interest; and

  6. Principal.

The order of application indicated shall be mandatory and non-waivable.

10. Notice of Default or Restriction

The Parties agree and acknowledge that the Company shall have and may exercise, at any time, the following powers:

  1. Notice of default of the Credit Line.

  2. Restriction of the amount of the Credit Line.

In the event that the Company exercises any of the above, the Credit Line shall be understood as extinguished in the portion that has not been drawn. The above shall not exempt the Client from covering any items that were pending prior to the exercise of the Company's right, nor those that accrue subsequently.

The notification of the exercise of any of these shall be made by any enabled means for notifications in terms of the present.

11. Termination and Early Maturity

At any time, and without prejudice to the fulfillment of the obligations at the Client's charge, the Client may terminate the present through notification to the Company by any enabled means for such purpose.

Unless there are pending balances to be covered, the present shall be terminated on the next Business Day following the date of the Client's request.

The failure to comply with the present by the Client shall, without prejudice to the other consequences to be updated, lead to its early maturity when the Client:

  1. Fails to pay any items on a Payment Deadline.

  2. Incurs in falsity with respect to any statement, document or any other matter derived from the present.

  3. Avoids, interrupts or in any way obstructs the instructions to guarantee the Credit Line with Digital Dollars, or Digital Euros, as appropriate.

  4. Falls, regardless of the causes, into a state of insolvency, bankruptcy, receivership, or any other similar situations.

  5. Generates bad publicity, fame or reputation of the Company through any means.

  6. Causes or attempts to cause, regardless of the means, any kind of damage, harm, discomfort, injury or similar to the Company, its executives, directors, advisors, employees, suppliers and/or related third parties.

  7. The guarantee by which the value of the Credit Line is backed or protected becomes insufficient in any legal, financial, accounting, economic or other form; or its form, amount or enforceability varies; or ceases to exist; among other similar grounds.

In the event that a ground is updated, the Company may decree the early maturity of the present. For these purposes, it must notify the Client by any enabled means for notifications in terms of the present, making known to the Client: (i) the ground(s) invoked; (ii) the breakdown of the total amount of the Client's debt; and (iii) the Client's right to reply within 5 (five) Business Days immediately following the notification and the correlative obligation to, in the event of not resolving the conflict, pay within 10 (ten) Business Days immediately following the expiration of the period to reply.

Once notified, the Client may reply within the period mentioned in the immediately preceding paragraph, being able to (i) indicate the manner in which the Client will pay the debt; (ii) correct, for a single occasion, the ground(s); or (iii) negotiate what the Parties' rights deem appropriate.

Having elapsed 15 (fifteen) Business Days from the notification made by the Company without agreement between the Parties, the collection of the total amount owed by the Client shall become exigible, for all concepts updated in terms of the present.

12. Portal and Electronic Means

For the convenience of the Parties, as well as the management of the compliance with the Terms and Conditions, the Company has the portal and electronic means located on the Platform.

The use of the Platform shall be governed in accordance with the current Personal Terms and Conditions that the Company issues for such purposes; the Client agrees with the same and acknowledges that they may be modified, added to or replaced by the Company from time to time.

Likewise, the Client expresses their conformity with the processing of their personal data in terms of the Privacy Notice available on the Platform, which may be modified, added to or replaced by the Company from time to time.

The Client expressly authorizes the Company to, to the extent that it does not conflict with applicable legislation, manage the Credit Line through the Platform.

The Client accepts and acknowledges that, for the manifestation of their will through the Platform, they may use their electronic signature.

The Client acknowledges and accepts that it shall be solely responsible for the actions or omissions that it allows within the Platform, whereby it acknowledges all facts, requests, reviews, approvals and in general movements generated within the Platform as its own, releasing the Company from any unauthorized or improper use, since it is the Client who controls and manages their keys on the Platform.

Any data message created, generated, transmitted, modified or deleted within the Platform shall be considered received from the moment of its receipt, verifiable on the Platform, which may not be denied or disavowed.

In the event of errors, failures or technical faults of the Platform, the Parties may manage their data messages through any other means identified between the Parties, always in accordance with the rules previously stated.

13. Account Statements

ARQ undertakes to make the Account Statements available to the Client on a monthly basis, or upon the Client’s prior request and within 10 (ten) Business Days following the request or the corresponding date.

The Account Statements shall be delivered through:

  1. The Platform; or

  2. The electronic means indicated for notifications by the Client.

In the event that the Client does not wish to consult their Account Statements through the Platform, they must make it known to the Company and their Account Statement shall be sent in accordance with the second scenario.

The Client may consult their balances, transactions and movements through the Platform or by means of inquiry through electronic mail.

14. Credit Information

Through the signature of the present, the Client expressly authorizes the Company to carry out information exchanges permitted by law, with and before any SIC, while a relationship exists with the Company.

The authorization includes, without limitation, the performance of investigations, inquiries, notices, reports and others that correspond to the SIC, the same whose nature and scope are known.

The Client accepts that any cost or charge generated by movements with respect to a SIC shall be made known to the Client and covered by the Client.

15. Prevention of Money Laundering and Terrorism Financing

The Client represents and warrants that the resources used in the contracting and use of the Credit Line come from lawful sources and are not related to activities linked to money laundering, terrorism financing, or other unlawful activities under the LFPIORPI and other applicable provisions. In compliance with such regulations, ARQ may: (i) require the Client to provide information and documentation to identify the Controlling Beneficiary; (ii) verify whether the Client or the Controlling Beneficiary has the status of a PEP; (iii) apply enhanced due diligence measures when applicable; and (iv) report to the competent authorities any transaction that may be considered unusual or relevant under the law. The Client undertakes to provide the information requested by ARQ pursuant to this section, within the term and in the manner indicated, with the understanding that failure to comply may give rise to the early termination hereof pursuant to Section 11.

Controlling Beneficiary Statement for Natural Persons

Statement as to whether or not the person is aware of the existence of a Controlling Beneficiary, as defined in the Federal Law for the Prevention and Identification of Transactions with Resources of Illicit Origin.

I am aware and declare that it is me.

I declare that I am not aware.

I declare that I am aware and that it is ________________________________.

16. Customer Service Unit

To serve users, the Company has a customer service department whose contact information appears below:

  • Address: Paseo de la Reforma 296, piso 14, suite 1400, Colonia Juárez, Alcaldía Cuauhtémoc, C.P. 06600, Ciudad de México, México

  • Email: help.mx@arqfinance.com

  • Internet Portal: The one located on the Platform

  • Hours of Operation: Monday to Friday, from 9:00 a.m. to 5:00 p.m., (GMT-6 / Mexico City).

For attention before the authorities, the Company makes available the contact information of PROFECO:

  • Address: José Vasconcelos 208, Condesa District, Cuauhtémoc Borough, Postal Code 06140, Mexico City, Mexico

  • Email: dudasportal@profeco.gob.mx

  • Telephone Number: 55 5625 6700

  • Internet Portal: https://www.gob.mx/profeco

17. Clarifications, Claims, and Inquiries

In the event of disagreement or dissatisfaction with respect to the Company's activities, you are invited to initiate any of the following means for resolution:

a. Clarifications: When you disagree with any of the transactions appearing in Account Statements or on the Platform, you may submit a request within ninety (90) consecutive calendar days counted from the Cut-off Date or from the date of execution of the transaction or service.

The Client shall have the right not to make payment for the transaction or service for which clarification is required.

Upon receipt of the request, the Company shall have forty-five (45) consecutive calendar days to deliver the corresponding ruling, together with evidence of its issuance. In the case of transactions carried out abroad, the term may be up to one hundred eighty (180) consecutive calendar days.

Having resolved, the Company shall make available to the Client the complete file generated as a result of the request for forty-five (45) consecutive calendar days, through its customer service department and in its offices.

b. Inquiries and Claims: When there is doubt or possible conflict arising from operations or services contracted or to be contracted with the Company, you may submit a request.     

Upon receipt of the request, the Company shall have thirty (30) Business Days to resolve the matter accordingly.

Having resolved, the Company shall communicate, within the term previously mentioned, the result of the inquiry through its customer service unit and shall make it available in its offices.

Any transaction generated by the aforementioned channels shall be attended to, managed, and made available to the Client through its customer service unit.

Notwithstanding the foregoing, the Client shall have, at all times, the right to go to PROFECO for advice and processing of any of these or to lodge a complaint against the Company, should it be appropriate.

18. Conflicts Due to Non-Compliance

The Client undertakes to hold the Company harmless from any controversy arising from compliance and even from non-compliance with this agreement, provided that there is no fraud or inexcusable negligence on the part of the Company.

19. Theft or Loss of the Card

The Client shall be obligated to report to the Company, by any means and as soon as possible, the theft or loss of any Card, thereby releasing the Company from any responsibility.

Upon receipt of the notice, the Company shall block and render ineffective—and therefore shall not accept any transactions—the use of the reported Card until such time as it is replaced.

20. Notices

All notices, requirements, approvals, notifications, or any other communications required or necessary in accordance with this agreement or pursuant to law shall be made in writing, in the Spanish language, through official channels authorized by the Company or with the signature of the representative authorized to grant them, and shall be originals.

Communications made to any of the addresses indicated, by correspondence, for each of the Parties, including for these purposes the Platform, shall be understood as validly made and/or executed.

Communications (i) made in person shall take effect on the same day of their execution; (ii) by electronic means shall take effect on the next day following their delivery. Communications made by electronic means shall be understood and considered received on the same day of their sending, provided that the receiving address corresponds to the intended recipient.

Each of the Parties, in the event of having an electronic domain, may make notifications from any of its electronic addresses, provided that they correspond to their domain.

In the event of a change of address or of any of the data or information declared herein, the corresponding Party shall notify the other Parties within the following five (5) Business Days counted from the change or whenever it determines; however, upon the passage of the aforementioned period without the corresponding notice, any notification made to the addresses that were indicated shall be considered made. The foregoing notwithstanding any non-compliance that may occur.

21. Effective Term

This agreement shall remain in effect from its execution and until its termination, without prejudice to the fulfillment of obligations that remain to be fulfilled.

The Client may, without liability, cancel this agreement within ten (10) consecutive Business Days following its execution and without the Company's ability to charge or retain any concept. This shall be applicable provided that the Client has not made a Drawdown of the Credit Line.

Upon termination of this agreement, the Company shall proceed to cancel the Client's drawdown methods.

22. Assignment

This agreement may not be assigned by the Client without the prior written consent of the Company.

This agreement may be assigned by the Company to third parties without the need for Client consent.

23. Modifications

The Company may make modifications to this agreement at any time, with prior notice to the Client at least thirty (30) calendar days in advance of the date on which the modification becomes effective.

The corresponding notice may be given in a generic manner through the Platform, or in bulk through communications in the Company's means with a copy to the Client.

The Client may, during the period stated in the first paragraph of this section, request the early termination of this agreement without liability for the Client, under the conditions originally established and fulfilling the obligations incumbent upon the Client.

Upon the passage of the aforementioned period without response from the Client, the change shall be understood to have been consented to by the Client.

24. Interpretation

The failure to exercise one or more rights in the face of a breach does not imply waiver, release, or remission of such rights or their guarantees, nor may it be interpreted to the detriment of the Party that has failed to exercise them.

This agreement, including any document derived from it and that is the responsibility of the Parties, constitutes the entire agreement among the Parties related to the subject matter. For this reason, it shall supersede and render null any other contracts, agreements, commitments, negotiations, and discussions, whether oral or written, among the Parties.

The headings of the clauses of this agreement have been inserted solely for ease of reference, and therefore do not affect the meaning or interpretation of this agreement.

The defined terms are understood and retain their meaning regardless of whether they are referenced in the singular or plural.

Whenever possible, the provisions of this agreement shall be interpreted in such a manner as to assume their validity in accordance with applicable laws. However, in the event that any provision of this agreement is invalid or prohibited in accordance with applicable laws, such provision shall be considered invalid without affecting or invalidating the remainder of the contractual provisions contained in this agreement, and its application shall be sought up to the legal limit permitted, as it reflects the will of the Parties.

In the event of total or partial invalidity of one or more provisions of this agreement, the Parties shall carry out all pertinent and necessary actions to replace them with others that are negotiated in good faith, and in a timeframe that permits compliance with it, without this resulting in a sufficient excuse for non-compliance.

25. Client Declarations

The Client accepts, declares, and commits to:

  • All information and documentation provided is authentic, accurate, complete, truthful, current, updated, and corresponds to reality.

The Client is obligated to update its information immediately upon the occurrence of any change in it or upon discovering any error in it, so that such information maintains the characteristics stated.

  • Having sufficient capacity and, in the case of acting on behalf of third parties, being duly authorized to contract and subject themselves to these Terms and Conditions, as well as to contract our services.

  • Accepting that the acquisition of any of our services, as well as that of the Platform implies acceptance, knowledge, understanding, and subjection to these Terms and Conditions and any other applicable ones.

  • That in the contracting of any of the services and in any payment made, the Client undertakes with funds whose origin the Client knows and identifies, and that such funds come from a lawful source, and that the Client is not linked or related to illicit operations or persons involved in illicit operations.

  • Having the technical, financial, and material and human elements necessary to comply with this agreement.

  • As of the date of execution of this agreement, the Client has no knowledge of any non-compliance, controversy, litigation, or similar matter pending or imminent that would constitute an impediment or make it impossible for the Client to fulfill its obligations as contained herein.

Upon entering our Platform, using its tools, functions, services, registering as a user, collaborating in any manner, or consulting any text, graphic, or video through any technological equipment, whether computer, mobile phone, tablet, or any other similar or analogous device, and contracting on the terms of this agreement, the Client confirms that has read, understood, and accepts, without limitations, these Terms and Conditions. If the Client is not in agreement and in full compliance with these Terms and Conditions, the Personal Terms and Conditions, the Company's Privacy Notice, or any other applicable ones, the Client should refrain from accessing the Platform and from using any of our services.

26. Miscellaneous

These Terms and Conditions shall always be available to the Client on the Platform for consultation.

The stipulations contained in these Terms and Conditions are binding on the Parties. In the event of a conflict between the Personal Terms and Conditions or those necessary for the intended contracting and these Terms and Conditions, the former shall prevail for operations related to the Platform, and the latter for the Credit Line and the Card, seeking to provide the best protection of the Client's interests.

The headings of these Terms and Conditions have been inserted solely for ease of reference, and therefore do not affect the meaning or interpretation of these Terms and Conditions.

Whenever possible, the provisions of these Terms and Conditions shall be interpreted in such a manner as to assume their validity in accordance with applicable laws.

However, in the event that any provision of these Terms and Conditions is invalid or prohibited in accordance with applicable laws, such provision shall be considered invalid without affecting or invalidating the remainder of the provisions contained in these Terms and Conditions, and its application shall be sought up to the legal limit permitted, giving priority to interpretations that avoid detriment to the Company and avoid conflicts between Clients and oblige them in accordance with good faith.

This agreement constitutes the entire agreement between the Client and the Company. The foregoing is without prejudice to any other documents, agreements, terms and conditions, among others that may be necessary.

27. Applicable Law and Jurisdiction

The Company controls and operates the Platform and all its activities from the territory of Mexico and does not warrant that the content is appropriate or available for use in other jurisdictions.

Except as governed by terms and conditions different from these, if the Client accesses the Platform from a location outside the territory of Mexico, the Client does so at their own risk and is responsible for compliance with applicable laws in their jurisdiction, as well as those applicable in Mexico.

These Terms and Conditions and any activity related to the use of the Platform and services are governed by applicable laws in Mexico City, Mexico, without application, except for special applicable legal provisions regarding conflict of laws principles, of other legal systems.

In the event of controversy or claim arising from the interpretation of these Terms and Conditions or from the use and/or access to the Platform and services, the Client accepts submission to the jurisdiction of the courts and competent judges with headquarters in Mexico City, Mexico, making express waiver of any other that could be applicable by reason of the Client's domicile, nationality, present or future residence, or any other that could correspond to the Client.

Commercial Name

Arq Personal

Type of Credit

Account

Total Annual Cost (CAT)

0% (zero percent), without Value Added Tax, for informational and comparison purposes

Regular Interest Rate

0% (zero percent) fixed, annual

Default Interest Rate

35% (thirty-five percent) fixed, annual

Credit Line Amount

Variable

Total Amount to Pay

100% (one hundred percent) of the amount drawn

Credit Term

Indefinite

Payment Deadline

The day following the Cut-off Date

Cut-off Date

Monthly

Relevant Commissions

Commission

For the "physical" Card, for shipment within Mexico there is a commission of $4.99 US dollars or the equivalent in national currency, according to the exchange rate set by the Bank of Mexico on the date on which payment is made.

Frequency

Not applicable

Amount

Not applicable

Warnings

Failure to comply with obligations may generate default interest and collection charges.

Contracting credit that exceeds your payment capacity affects your credit history.

Insurance

Does not apply

Collateral

USDs, or Digital Dollars, or, as applicable, EURC or Digital Euros.

Account Statement

_ Send to the address located at

_ Send by email

X View online

Address

Paseo de la Reforma 296, 14th floor, suite 1400, Colonia Juárez, Borough of Cuauhtémoc, Postal Code 06600, Mexico City, Mexico

Internet Page:

www.arqfinance.com

Registry of Adhesion Contracts: Not applicable

Federal Consumer Protection Procuracy (PROFECO)

Telephone: 55 5625 6700  |  Internet Page: https://www.gob.mx/profeco

Last Updated: May 22, 2026