General Terms of Use for MundPay
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
Introduction
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
MundPay offers a space for those who wish to create or promote a digital product in a simple and practical way, allowing people to live off their passions and teach what they have best to the entire world. These Terms govern the use of the MundPay Platform and all resources, applications, services, technologies, and software provided by MundPay, except where we expressly state that other terms (and not these) apply.
To facilitate reading these Terms, we offer a Glossary [at this link], which lists the meanings of the expressions started with uppercase letters in these Terms or in the other MundPay Policies. In particular, we refer indistinctly to the MundPay Platform or simply the Platform as both the MundPay.com website and its subdomains, as well as any other websites, interfaces, applications, and other means through which MundPay provides its resources. The services related to the resources provided by MundPay are collectively referred to as Services.
By accessing or using the Platform, you agree to be bound by these Terms and to comply with their rules. You should read these Terms carefully, as they contain important information about your rights and obligations regarding accessing or using the resources or Services of MundPay.
Terms of Use
Responsible Company
The company MundPay that you hire to use the Platform and operationalize your transactions, MundPay, has headquarters, branches, and representatives in the following countries:
United States: MundPay, LLC, with EIN registration number: 36-5099929, located at 169 Madison Avenue, New York, NY 10016, USA.
Brazil: MundPay Pagamentos Internacionais Ltda, with CNPJ registration number: 55.009.285/0001-13, located at Av. Alfredo Balthazar da Silveira, 580, Recreio dos Bandeirantes, Rio de Janeiro, Brazil.
The company MundPay LLC, headquartered at 169 Madison Avenue, New York, NY 10016 US, the exclusive owner of the domains www.MundPay.com and www.MundPay.com.br, will be referred to as “MundPay” or “Platform.” The term “User” refers to the individual or legal entity that has read, understood, agreed to, and electronically accepted these terms. This Non-Exclusive License Agreement for the use of the MundPay Platform, hereinafter referred to as “Terms of Use,” establishes the following conditions:
Regarding MundPay's activities
MundPay is not a provider of products or services advertised by Users/Producers and/or Users/Affiliates on its website.
According to current Brazilian legislation, MundPay does not carry out activities of a financial institution, provision of financial services, or credit card management.
CLAUSE I – CONDITIONS AND ACCEPTANCE OF THE CONTRACT
By registering and using the platform, the user declares that they have read and accepted these terms without reservations.
MundPay reserves the right to change these terms at any time, without prior notice, according to its own criteria.
CLAUSE II – DEFINITIONS
Restricted Activities: All activities described in CLAUSE VI of these Terms that cannot be performed on the platform.
Chargeback or Dispute: Request for cancellation of a transaction (refund) made by the credit card holder to the card issuer. The cancellation is communicated to the acquirer (for example: Cielo, Rede Global, Payments, Get Net, etc.), which informs MundPay. When the card issuer accepts the dispute, the cardholder is refunded for the transaction.
Bank Account: Account(s) registered by the User for transfer of the amounts deposited in their Virtual Account by MundPay.
Fee: Amount charged by MundPay to the User as remuneration for the business intermediation service.
Taxes: All tax obligations, including taxes, fees, charges, and contributions arising from operations performed by the User.
User/Affiliate: All individuals and/or legal entities that promote, disclose, and sell digital products, using the MundPay platform for processing and managing transactions.
User/Buyer: All individuals or legal entities that purchase digital products made available on the websites of Producers and/or Affiliates, using the MundPay platform to process payment.
User/Producer: All individuals or legal entities that sell digital products of their intellectual property or with authorization, using the MundPay platform for processing and managing transactions.
CLAUSE III – USER REGISTRATION
Individuals (Producer and/or Affiliate) may register as Users: a) Individuals, fully legally capable (over 18 years old or emancipated) and without legal impediment; b) Legal entities, through their partner or legal representative, with legal capacity to contract;
By registering, the user declares and guarantees that all information provided is accurate, true and complies with the current legislation, assuming responsibility solely, exclusively, and fully, to MundPay and third parties, for such information and/or for the use of that information.
When creating their account/registration, the user will fill out a form providing their data and defining their Access Code.
The Access Code will allow the User to access their Account, check their balance, follow their sales routine, and request the transfer of credited amounts (withdrawals) to the Bank Account associated with the User's Account.
The Access Code may only be modified by the User themselves.
The Access Code must not be disclosed by the User to third parties, and it is the sole responsibility of the User to use, secure, and know their Access Code.
After registering their account, the data submitted by the individual or legal entity will be analyzed, which may take up to 72 business hours for confirmation of registration and release of the User for transactions using the platform.
If necessary, MundPay may take measures to confirm the accuracy and veracity of the information provided in the User's registration, and may consult public or private database to verify the legitimacy of the submitted information.
CLAUSE IV – PRODUCT REGISTRATION
The user may create digital products in their account to sell through their respective checkout, and the sale of physical products is expressly prohibited.
Product approval will occur immediately and automatically. However, the User must follow and adhere to the guidelines and rules set out in this Agreement, especially those regarding Intellectual Property.
Prohibited Activities and Products
This page provides information on the types of activities, companies, products, and sectors that cannot use MundPay's services. In other words, you must comply with and follow the rules and restrictions described to sell through MundPay.
High-Risk Jurisdictions and People
It is prohibited to use MundPay's services for any business, hiring, or sale of goods and services, directly or indirectly, to:
High-risk jurisdictions: Individuals located, residing, or citizens of jurisdictions, as well as products originating from these jurisdictions which, due to MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as Cuba, Iran, North Korea, Syria, and the regions of Crimea, Donetsk, and Luhansk.
Moreover, trading any product with import or export from Russia is prohibited.
High-risk individuals: Individuals that, by MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as individuals or legal entities included on a list of individuals or parties, or restricted by these lists, in the US, UK, European Union, or United Nations, including sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Denied Entities List maintained by the US Department of Commerce.
Prohibited Services
Exporting, re-exporting, selling, or providing accounting services, fund setup, and company formation, management consulting, architecture, or engineering to any person located in Russia.
Prohibited Activities
Some types of products cannot be marketed using MundPay, both for legal reasons and for platform policy reasons.
If our team/automatic system detects any of the products listed below, your operation on MundPay may be frozen without prior notice until regularization.
The list of prohibited products may change at any time. We recommend you check this article regularly.
Unfair, Deceptive, or Abusive Acts or Practices
Acts or practices that contravene rules, laws, regulations, or other local consumer regulatory bodies:
Predatory mortgage consulting
Companies making exaggerated claims, using deceptive testimonials, employing aggressive sales tactics, or resorting to false testimonials (with or without a written contract)
Companies offering unrealistic incentives or prizes as an incentive to purchase products or services
“Get-rich-quick” schemes, including: investment opportunities or other services promising high returns, deceiving consumers; schemes offering high returns with little effort or work and websites promising quick and easy money
pyramid schemes
Negative option marketing, negative option membership clubs and discounted rates that use inaccurate or hidden pricing
Predatory investment opportunities, with no cash counterpart or very low value
Any other type of business that MundPay considers unfair, misleading, or predatory to consumers
Robots, apps or similar that promise financial returns
It is prohibited to make false or misleading claims, including promises of unrealistic or unproven financial gains.
Disclosure Requirements: Companies must clearly state any conditions or limitations associated with the product. For example, if only a small percentage of users tend to make money, this must be disclosed.
Document forgery services
Multi-level marketing services that offer commissions or sales based on recruitment
Services with no value added, including selling or reselling services without any added benefit for the buyer; resale of products offered by governments without authorization or added value
Suspicious remote technical support
Telemarketing
Sales of online traffic or engagement
Door-to-door sales
Weapons, Firearms, Explosives and Hazardous Materials
Weapons, gunpowder, ammunition, fireworks and other explosives
Toy weapons (gel guns)
Weapon components such as precursors, magazines, clips, firearm conversion kits and any weapon 3D printed
Swords and katanas, unless used as replicas or for martial arts practice
Disguised knives and knives with opening mechanisms designed for quick readiness of the blade
Machetes
Toxic, flammable, combustible, or radioactive materials
Pesticides requiring a certified professional for application
Research chemicals
Products that cannot be mailed according to the US Postal Service (USPS)
Replicas of modern firearms, including toys, with improper markings
Pepper sprays and stun guns
Adult Content and Services
Men's clubs, topless bars, and strip clubs
Pornography and other adult content (including literature, images, and other media) that depict nudity or explicit sex
Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and live pornographic chat resources
All online dating services, including matchmaking services
Debt Reduction Companies
Settlement, negotiation, and consolidation of debts
Loans and Credit
Credit monitoring, “cleaning name” and advisory services
Paying loans with credit cards
Any form of loan or financial credit
Gambling
Gambling games, such as betting, online betting, casino games, raffles and contests, fantasy sports tournaments with cash or prize money (bet courses, lotteries, etc.)
Skill games, such as video game tournaments or competitions and mobile game competitions, darts, card games, and board games with cash or prize money
Bidding auctions
Lotteries
Payments of entry or player fees promising that the registrant or player will win a prize of value
Sports predictions or bets with cash or prize money
Marijuana
Courses and information about marijuana cultivation
Hydroponic equipment and other growing equipment marketed for planting marijuana
Cannabis shops and similar businesses
CBD products with THC levels exceeding the legal limit of the applicable local jurisdiction, including edible CBD products
Products derived from cannabis
Non-Fiduciary Currency
Mining and staking cryptocurrencies
Initial coin offerings (ICOs)
Secondary sales of NFTs
Non-fiduciary money and Stored Value
Cryptocurrency exchanges and wallets (e.g., bitcoin, ripple, ethereum, dogecoin, cardano, etc.)
Preloaded payment cards, gift cards, virtual credits, or other products and services that store a monetary value (digital or physical)
Issuance and sales of non-fungible tokens on their own account, including marketplaces and SaaS platforms. Prepaid phone cards, SIM cards, and phone services
Sale of coins or other items within games
Sale of stored values or credits accepted and issued by any entity other than the seller
Financial Products and Services
Debt collection agencies
Shell banks
ATMs
Transactional accounts
Funding of bank accounts
Funded proprietary desks
Neobanks or digital banks
Other financial services
Check cashing services
Insurance (including health benefit packages)
Custodial services
Loan services, including mortgage loans
“Buy now and pay later” services
Point-to-point money transfer
Money transfers, remittances, currency exchange services, and other monetary activities
Sale of bearer shares
Products and Services that Violate Intellectual Property Rights
Counterfeit products
Illegally imported or exported products
Any other product or service that infringes or directly facilitates the infringement of trademark rights, patents, copyrights, trade secrets, or proprietary or privacy rights of any third party
File-sharing sites, regardless of whether they host infringing content or not
Unauthorized sale of brand or designer products or services
Sale or distribution of music, movies, software, and other licensed materials without proper authorization
Pharmaceuticals, Medical Devices and Telemedicine
Regulated medical devices sold by prescription
Online pharmacies, including SaaS platforms
Pharmaceuticals and other products sold by prescription with no card present payment
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Claims of curing any type of disease, whether congenital, chronic or transient (such as diabetes)
Prescription delivery services
Telemedicine services
General Products Considered High Risk and Prohibited by MundPay
Air fryers and other household appliances
Mystery boxes
Stuffed animals
Motorcycle helmets
Cell phones, Smartphones, and iPhones
Shock collars for training animals
Gaming consoles (PlayStation, Xbox, Nintendo, etc.)
Accounts from other platforms (when it violates the platform’s terms of use)
Social media accounts
Smoothing brushes
Vertical countertop rotisserie ovens
Console gift cards (PlayStation, Xbox, Nintendo, etc.) and other digital games
Bath towel sets
Profiting from videos
Love honey
Notebooks
Red Silver pans*
Perfumes
Licensed products without the proper marketing license
Sneaker replicas
Vert shoes and sneakers
Followers on social media
Smartwatches
Nutraceuticals and Pseudoscientific Products
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Pseudoscientific and nutraceutical products aimed at significant weight loss or sexual performance
Prohibition of false or misleading claims: It is illegal to make specific promises of weight loss without scientific proof. For example, claiming that someone can lose “10 kilos in 2 weeks” without proof is considered misleading advertising.
Scientific proof requirements: Claims must be supported by robust scientific studies. False claims may result in fines and legal action.
FDA disapproval: Health-affecting products (pills, supplements, or devices) must be approved by the FDA before being marketed in the United States. If the product is not approved, its sale may be suspended.
Any Illegal Product or Service
Spyware or tools for spying, monitoring, or unauthorized access to third-party applications or social networks
Companies engaging, encouraging, promoting, or celebrating illegal violence or property damage to people or property
Equipment and items made to manufacture or use drugs
Telecommunications manipulation equipment, including signal blockers (TV Box, IPTV, or unregulated Streaming Services)
Services supplying false references or identities
Illegal substances (drugs) or substances made to imitate illegal drugs (including kava)
Legal Services Listed Below
Bankruptcy lawyers
Law firms that receive amounts that do not constitute legal fees
Payment of bail
Legal services in general
Identity Services
Identity theft protection services, including monitoring and recovery
Public Services
Disbursement of government economic support, such as grants
Offer of products and services by or on behalf of embassies and consulates
Offer of public services with misleading claims
Offer of public services without authorization or added value
Tobacco
Herbal cigarettes
Production equipment specifically marketed for the manufacture of tobacco products
Tobacco products, including e-cigarettes, cigars, and e-liquid for e-cigarettes
Travel
Charter or private airlines
Commercial airlines and cruises
Travel booking services and clubs
Timeshare services
Others
Crowdfunding, fundraising, and other activities for soliciting donations
Intermediation and aggregation of payments (including receiving settlement amounts for products or services not provided by you, on behalf of one or more third-party sellers)
Multi-level marketing: A business strategy in which companies earn revenue and participants earn commissions through network marketing for retail product sales and referral marketing programs
Age-restricted products or services, such as alcoholic beverages
Charity raffles and drawings explicitly for fundraising
Prohibited Uses of MundPay Products
The use of MundPay products with false, manipulated, inaccurate or misleading data related to your identity, legal entity, operational nature or any other data requested by MundPay. If your personal and business data changes, you must inform us immediately.
Use of MundPay products to conduct transactions on behalf of another unidentified merchant or to market unidentified products or services in the MundPay account opening request.
Use of MundPay primarily as a virtual terminal (e.g., sending card transactions with manual data entry).
Processing without a concrete good or service sold or a donation received; card testing.
Use of MundPay's intellectual property without written authorization; use of the name or logo of MundPay, including trademarks or service marks of MundPay without compliance or in a way that harms MundPay or the MundPay brand; any action suggesting a false endorsement of MundPay or an affiliation with MundPay.
CLAUSE V – USER RESPONSIBILITIES
It is the responsibility of the user/producer:
To register or integrate into the platform the content that will be delivered after the purchase of the product;
To provide adequate support to the buyer, providing a valid email address or phone number with WhatsApp;
To sell respecting the principles of applicable current legislation, such as: good faith, buyer consent, transparency, and legality;
To provide the necessary information about the product to the consumer/buyer, including but not limited to:
Clear, detailed description consistent with the content that will be delivered to the buyer;
Image of the product;
Name (title) of the product in accordance with its content;
Price to be paid by the buyer, which must be clearly stated on the product sales page, including in the case of an upsell funnel;
As previously stated in Clause IV of these terms, MundPay is not responsible for the content of the products, as their registration on the platform occurs automatically and immediately. Thus, any violation regarding plagiarism and misuse of third-party property will be the sole responsibility of the user who added it. However, MundPay’s communication channels are available for complaints of copyright infringement, at which point it will take appropriate action, if deemed appropriate, provided that it is duly substantiated and proven by the requester.
CLAUSE VI – RESTRICTED ACTIVITIES AND PRODUCTS
The User may not use the Platform to develop activities or market goods and/or services not authorized by law or in disagreement with MundPay's policies, including, by way of exemplification:
(I) offering escort service and sexual services, escort agencies/massage houses, or promoting prostitution;
(II) subscription to adult services, adult chat rooms or pornographic content (photos, videos, DVDs, magazines, or similar);
(III) products that promote and/or allude to pedophilia;
(IV) firearms, ammunition, or similar products, bladed weapons such as knives, axes, boxers (“brass knuckles”);
(V) drugs and tools specifically intended for drug production, drug paraphernalia, illegal drugs, substances that imitate illegal drugs, and/or other psychoactive products (for example, K2, Salvia divinorum, nitrate inhalers, bath salts, synthetic marijuana, herbal smoking blends, herbal incense and substances similar to HCG/HGH);
(VI) products/services offered specifically or intended to be used to create drugs or cultivate ingredients for drugs (for example, “growing” products, marijuana plant seeds, etc.);
(VII) raising or collecting money, pyramid selling;
(VIII) products for serial or satellite signal decoding, phones, cards or programming of electronic cards;
(IX) sale of prohibited or restricted medications under Brazilian law;
(X) gambling, lotteries, bingo, betting or similar;
(XI) dropshipping;
(XII) any other illegal products or services, including, without limitation, those violating intellectual property norms;
(XIII) the marketing of supplements to be delivered to other countries;
(XIV) products/services that promote hatred, violence, discrimination, terrorism, harassment, or abuse;
(XV) signal blockers or devices designed to block or interfere with personal and mobile communication devices/signals (for example, GPS), decoding products, including modchips and spyware devices/services/software;
(XVI) personal data lists;
(XVII) products that violate third-party Intellectual Property, with any form of plagiarism prohibited, whether in whole or in part, of third-party products;
(XVIII) physical products of any nature, only allowing the marketing of digital products.
(XIX) any illegal products and services linked to fraudulent websites, impersonating government agencies or debt negotiators, to obtain client data or even to commit financial fraud, being able to, in addition to the suspension of the sale of the product on the platform, respond for invasion of computer devices, fraud, and crimes against the popular economy, in accordance with national legislation.
The use of the platform as a tool for hiding, managing, investing, or profiting from amounts or other assets from criminal activities is prohibited, or to give the appearance of legality to resources from such activities.
It is expressly prohibited for Affiliate Users to make purchases on the Platform using their own Affiliate link from their device (computer, cell phone, tablet), from the same IP or internet network.
It is expressly prohibited for the User/Producer and User/Affiliate to capture the data of the User/Buyer and make purchases on their behalf, through any means or practice that violates the buyer's consent.
It is expressly prohibited to use other payment methods on the same domain of the product.
It is expressly prohibited to practice “Cookie Stuffing.” The User who violates this rule will be permanently banned from the Platform.
Violating the provisions of this clause will result in the immediate termination of these Terms, with no right to indemnification, compensation, or payment in favor of the User, with cancellation of their Virtual Account and loss of the amounts deposited therein, as a penalty, without prejudice to the User's responsibility for any losses or damages caused.
CLAUSE VII – USER DATA
The User expressly authorizes that the registration information provided, such as name, CPF, CNPJ, address, email, phone, be kept by MundPay, as well as authorizes that such information may eventually be shared with: (i) competent public authorities that formally request them, in accordance with Brazilian law, especially Law No. 12.965/2014 (“Marco Civil da Internet”); (ii) strategic, commercial, or technical partners of the companies for the provision of the Services; and (iii) the parties involved in the same negotiation, such as, for example, for a client involved in a transaction subject to dispute.
MundPay recognizes, under the applicable legislation, the confidentiality and security of the information provided by the parties, striving to ensure its privacy, except by legal force or judicial order.
CLAUSE VIII – REFUND REQUESTS
Refund requests may be made by the buyer within the product's warranty period, through the link: https://mundpay.com/ajuda-contato/ If it is within the appropriate period, the request will be automatically accepted by the platform.
MundPay, regardless of consulting the producer, reserves the right to intervene and proceed with the refund to the customer in the following situations:
When the buyer contacts MundPay, stating that they have not received a response or any support from the producer;
If the producer registers an email for support that does not exist;
If there is any incident opened by the buyer in channels such as: Reclame Aqui, PROCON, or any other extrajudicial or judicial means;
Any situation that characterizes fraud, plagiarism, copyright infringement, malpractice, misleading the customer regarding the offer, bad faith, or other situations of this nature;
If the producer fails to deliver/send the product purchased by the buyer.
CLAUSE IX – CHARGEBACKS
Retention of Values for Chargebacks. MundPay reserves the right to withhold, for up to 180 days, 20% of the value of Transactions for the purpose of guaranteeing Chargebacks, disputes, refunds, cancellations, and the like. The fixed percentage may also be changed, reaching up to 100%, if a disproportionate increase in the occurrences cited and/or atypical movements is identified. Furthermore, the retention period may be extended in cases of ongoing judicial or administrative actions, until a final ruling and MundPay can ascertain the expenses incurred by such a fact. In this context, the retained balance may be used to cover attorney's fees incurred by MundPay.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified, and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud, or due to low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, in order to prevent Chargebacks.
Proven Fraudulent Transactions. To prevent Chargebacks from occurring, if the data used in the Transactions associated with the Merchant are on the list of proven fraudulent Transaction data, passed on by payment network participants and/or Brands, as well as verified through internal fraud systems, MundPay commits to refunding the amount, deducting the amounts directly from the Merchant's Virtual Account.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send complete documentation requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the result pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed, and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
The producer should strive for a good relationship with the customer, providing them with post-sale support, in order to mitigate chargeback occurrences as much as possible.
MundPay constantly monitors the chargeback metrics of the products registered on the platform and the producer's account as a whole.
MundPay may, without the producer's consent, proceed with the dispute request (reversal) of chargebacks with the credit card operator, instructing this procedure with purchase data as it deems appropriate.
If high chargeback rates are detected, MundPay may contact the producer and warn them about this situation through the channels registered in their account (email, WhatsApp, or other).
After warning, if the chargeback rates remain high, MundPay may block the user’s balance or, as a last resort, block their registration on the platform.
Chargeback rates below 2% of the total transactions in the last 30 days are considered tolerable and accepted by the platform.
If the user's Chargeback rate is above 2.0% (two percent), MundPay reserves the right to block the total or partial balance of the Store for up to 120 (one hundred and twenty) days, to cover potential refunds and Chargebacks.
Notably, the rate will be calculated as follows: the total number of chargebacks received in the last 30 days will be divided by the total of transactions processed in the last 30 days.
If conduct that violates national legislation, as well as those described in these Terms, especially those described in CLAUSE VI, sub-item XIX regarding products linked to fraudulent websites, is verified, MundPay may block the User's Account, retaining the amounts therein until thorough fact-checking is completed.
This is because chargebacks and refunds in these cases are very high, exceeding the tolerable percentage described in the previous item, which may jeopardize the maintenance of operations, compromise the financial health of the Company, as well as the harm of incorrectly associating the Company's good name with alleged fraudulent practices.
This measure aims to protect the interests of third parties who may feel harmed both by the non-delivery of the product and by not achieving the promised purpose in the offer at the time of acquisition, which directly violates basic consumer rights, as outlined in Article 6 of the Consumer Protection Code (CDC).
It is important to clarify that in the above cases, fact-checking must be performed within 120 (one hundred and twenty) calendar days, and after the fact-checking, interested parties will be duly notified and the remaining amount will be unlocked.
Finally, in cases of early termination or after any complete withdrawal of amounts, MundPay will exercise, if necessary, its Right of Recourse, if it has suffered any losses generated by the producer and co-producer to third parties or the Company.
CLAUSE X – INTELLECTUAL PROPERTY OF MundPay
All the Intellectual Properties of MundPay are for the exclusive use of MundPay, including the software of the platform.
Although the use of the MundPay platform and its functionalities are allowed for users, any misuse of any Intellectual Property of MundPay, such as business name, registered trademark, trade titles, and others, is completely prohibited.
Any intention to use MundPay's Intellectual Property must be requested in writing and can only be employed after express authorization from MundPay, which is non-transferable and has a restricted nature for the purposes granted.
CLAUSE XI – REQUESTS REGARDING COPYRIGHT INFRINGEMENT
The producer, upon registering a product on MundPay's platform, confirms that they hold the ownership of their copyright. It is worth emphasizing that the product is accepted immediately and automatically, so MundPay has no responsibility regarding the quality and technical aspects, but is available for requests in this regard, at which point it will take the necessary actions.
The producer who suspects infringement of their Copyright may submit a complaint to the email contato@MundPay.com.br along with the documents and information proving the authorship of the product in question, as well as proof of other elements that may have been plagiarized (video content, images, photographs, artwork, etc.).
Any user who detects an infringement of their rights related to Intellectual Property by an Infoproduct marketed on MundPay may submit a Request to the Customer Service Department via email contato@MundPay.com.br, explicitly indicating the infringement and the ownership of the violated right. After internal verification, MundPay will make a decision regarding the case.
By sending the complaint, the Claimant is aware and agrees that their data may be shared with the Respondent, at which point they may contact the Claimant for clarifications and/or agreements.
MundPay does not accept complaints submitted by third parties. Complaints must be made by the owner of the violated right or by a representative with a power of attorney.
When considering the urgency of the measure, MundPay may block/suspend the Infoproduct immediately, without the right to any compensation to the Notified party, who is aware of and subject to the terms present in this instrument. The producer whose infoproduct has been blocked may express themselves later if they believe the blocking was unwarranted.
CLAUSE XII – MEASURES TAKEN BY MundPay
Causes, by way of example, for suspension, blockage, and exclusion of the User's Account:
a) the linking of products and/or offers that fall under the “Restricted Activities” referred to in this contract;
b) violation or attempted violation of the security measures of the Platform;
c) inconsistency of the User's registration data;
d) practice of spam;
e) making purchases using one's own Affiliate link;
f) characterizing chargeback rates above acceptable parameters. After warning, if the user continues with rates deemed excessive, their account may be suspended and balance blocked;
g) misuse of third-party Intellectual Property.
In the situations listed above, MundPay may suspend or block the product or the account of the responsible party. MundPay can perform actions with or without prior notice, and for any reason or motive, even if not expressly mentioned above, as long as there is suspicion of infringement of the provisions of this term, without any right to compensation.
If MundPay determines that a complaint lacks the necessary information or evidence to initiate an investigation process, it may archive it and close the occurrence.
If it finds the complaint legitimate, it may block immediately and initiate the investigation process, communicating the accused party so that they can present their version of the events and necessary evidence, and the declaration of awareness of the Complaint and accountability for any damages occurring from the continued marketing of products or access to the platform.
When it deems necessary to mediate disputes between users, MundPay may establish a mediation mechanism so that these users resolve matters directly. If it is not possible to reach an agreement among those involved in this mechanism, MundPay may (but is not obligated to) issue a decision to end the conflict.
All measures will be executed at MundPay's sole discretion, without prejudice to applicable legal actions.
If conduct violating these Terms is verified, MundPay may immediately block the User's Account, retaining the amounts existing therein until the facts are verified. The fact verification must be conducted within 120 (one hundred and twenty) business days.
MundPay reserves the right to initiate internal investigations at any time, without depending on complaints. Investigation results may be shared with competent authorities when requested. If it is not obligatory, MundPay may decide whether or not to disclose the results.
Upon the removal of a Product from the platform, no transaction may be processed in the payment tools. Transactions that have already occurred before the removal may be refunded to Buyers, and they may be clarified with the reason for such action.
CLAUSE XIII – SPECIFIC MEASURES TAKEN BY MundPay
Fraud: In case of suspected fraud, MundPay may preventively suspend the User's Account for a period of up to 120 (one hundred and twenty) business days or keep the User's Account suspended for the duration of the investigation. The period may be extended if there is a judicial and/or police inquiry. If fraud is confirmed, MundPay may block and delete the Account, without the obligation of prior notification, holding back available and future amounts to compensate for any losses caused to third parties and itself.
Early Termination: In case of early termination, MundPay is authorized to debit from the User's Account any amounts necessary to settle any losses caused by them to third parties or to the Company.
In any termination situation, the User agrees that their User Account will be closed, and they will not be able to initiate new transactions through the platform, whether as a producer, co-producer, or affiliate.
Chargebacks: Chargeback requests can be made up to 365 days after the purchase date. Thus, after the closure of the User's Account, debts arising from Chargebacks may occur.
CLAUSE XIV – CONFIDENTIALITY, DEFAMATION AND SLANDER
14.1 Commitment to Confidentiality
The Users agree to keep secret and not disclose, directly or indirectly, any confidential information related to MundPay, including, but not limited to: technical, strategic, financial, operational, commercial data, and other elements that may compromise the reputation, operation, or competitiveness of the Platform. The confidentiality obligation remains valid even after the contractual relationship with MundPay ends.
14.2 Prohibition of Defamation and Slander
Users are expressly prohibited from engaging in acts that may harm MundPay's image, reputation, or good name, whether through public statements, social networks, digital channels, press, or any other means of communication. This prohibition includes the disclosure of technical, operational, or commercial problems experienced by the User while using the Platform, without prior and express authorization from MundPay.
14.3 Sanctions and Penalties
Failure to comply with the obligations described in this Clause will subject the offender to the following penalties:
a) Compensatory Fine: The offender will be subject to a non-compensatory fine of R$ 100,000.00 (one hundred thousand reais), as damages caused to MundPay, regardless of other applicable penalties.
b) Suspension or Blocking of Account: MundPay may, at its sole discretion, suspend or block access to the account of the offending User and retain any amounts available in the virtual account until the case is fully investigated.
c) Legal Actions: MundPay reserves the right to take appropriate legal and/or administrative measures for compensation for pain and suffering and material losses suffered.
14.4 Exceptions
Communication made in the context of judicial, arbitral, or administrative disputes will not be considered a violation of this clause, provided that it is limited to the necessary requirements for the process and in accordance with applicable legislation.
14.5 Acceptance
The acceptance of these Terms by the User implies full adherence to the conditions set forth in this clause, without any reservations.
PREVENTIVE MEASURES AND SANCTIONS
15.1 Measures:
Any conduct in disagreement with the provisions set forth in these Terms and the Related Documents may lead to the application of the following sanctions:
(a) Removal of Product or Content identified as irregular;
(b) Immediate suspension of access to the checkout and payment link;
(c) Blocking of the Product on the Platform;
(d) Blocking and retention of balance derived from suspicious sales, for up to 120 (one hundred and twenty) days;
15.1.1 Such measures will be taken at MundPay's sole discretion, without prejudice to legal actions available for compensation of any damages, including additional indemnification, if losses or damages suffered by the company or third parties are verified.
15.2 Blocking of Product:
In case of blocking of products or the seller's registration, all active listings and/or offers made will be automatically canceled, thus not granting any right to indemnification or reimbursement to the seller.
15.3 Blocking by Acquirers:
If any payment acquirer used by MundPay as a processor identifies suspicious sales and decides to implement blocks or refunds, MundPay will comply with the decisions adopted by the acquirer, exempting itself from any responsibility for damages resulting from these actions.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud or low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, to prevent Chargebacks.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send documentation complete requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
4.16.1. Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the outcome pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
CLAUSE XV – GENERAL PROVISIONS
This contract is for an indefinite period, and may be terminated by either Party at any time.
The User is not permitted to assign the rights and obligations of this Term.
MundPay reserves the right to assign the rights and obligations of this Term to third parties without prior authorization from the User.
The tolerance of one of the Parties, regarding any breach of any obligations by the other, will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent the tolerating Party from requiring the other to comply at any time.
If there is a need to resort to judicial means to resolve any doubt or issue relating to this Term, the losing party will bear the process costs and attorney’s fees.
The parties choose the court of the District of Rio de Janeiro/Rj, to resolve any controversies arising from this Term, excluding any other, no matter how privileged it may be.
CLAUSE XVI – SERVICE CHANNELS AND HOURS
In case of questions, complaints, suggestions, the User may contact MundPay Support at the email: contato@mundpay.com, from Monday to Friday, from 09:00 to 18:00.
ANNEX I – ETHOCA ALERT SERVICES
This Annex applies to all CLIENTS, under the following terms:
Considering that the parties have rightly and agreed upon these Terms of Use;
Considering that CLIENT is a provider of product and/or service, and that in its commercial transactions there is a risk of chargeback by the PAYERS, recipients of the charges generated by the CLIENT;
Considering the possibility of activating the ETHOCA Alert Services, a Mastercard affiliate, aiming to reduce the CLIENT's chargeback rate, we have that:
A) Ethoca Alert Services consist of receiving, exclusively in relation to MASTERCARD transactions, alerts of fraud and refund alerts, in real-time, with the aim of assisting the CLIENT in preventing chargebacks.
B) The CLIENT is aware that all alerted transactions, that are received or confirmed, will be refunded;
C) For each refund made, the CLIENT will pay the amount of R$ 80.00 (eighty reais). The total amount will be debited when MundPay receives the alert.
D) The above value will be adjusted every June, according to the positive variation of IGPM-FGV (General Market Price Index, calculated by the Getúlio Vargas Foundation) or, if this index is no longer valid, any other similar index that replaces it (the ‘Index’). The Index variation over the last twelve months will be used to calculate the percentage increase of the applicable amount for the following twelve-month period.
E) If the CLIENT exceeds the rate of 2% of chargebacks required by Payers/Cardholders, additional fees may be set for the use of MundPay's Payment Service or penalties may be applied, such as suspension or deactivation of the registration on the Platform, and balance block for up to 120 days. Among other applicable penalties, as provided in these Terms of Use of MundPay.
General Terms of Use for MundPay
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
Introduction
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
MundPay offers a space for those who wish to create or promote a digital product in a simple and practical way, allowing people to live off their passions and teach what they have best to the entire world. These Terms govern the use of the MundPay Platform and all resources, applications, services, technologies, and software provided by MundPay, except where we expressly state that other terms (and not these) apply.
To facilitate reading these Terms, we offer a Glossary [at this link], which lists the meanings of the expressions started with uppercase letters in these Terms or in the other MundPay Policies. In particular, we refer indistinctly to the MundPay Platform or simply the Platform as both the MundPay.com website and its subdomains, as well as any other websites, interfaces, applications, and other means through which MundPay provides its resources. The services related to the resources provided by MundPay are collectively referred to as Services.
By accessing or using the Platform, you agree to be bound by these Terms and to comply with their rules. You should read these Terms carefully, as they contain important information about your rights and obligations regarding accessing or using the resources or Services of MundPay.
Terms of Use
Responsible Company
The company MundPay that you hire to use the Platform and operationalize your transactions, MundPay, has headquarters, branches, and representatives in the following countries:
United States: MundPay, LLC, with EIN registration number: 36-5099929, located at 169 Madison Avenue, New York, NY 10016, USA.
Brazil: MundPay Pagamentos Internacionais Ltda, with CNPJ registration number: 55.009.285/0001-13, located at Av. Alfredo Balthazar da Silveira, 580, Recreio dos Bandeirantes, Rio de Janeiro, Brazil.
The company MundPay LLC, headquartered at 169 Madison Avenue, New York, NY 10016 US, the exclusive owner of the domains www.MundPay.com and www.MundPay.com.br, will be referred to as “MundPay” or “Platform.” The term “User” refers to the individual or legal entity that has read, understood, agreed to, and electronically accepted these terms. This Non-Exclusive License Agreement for the use of the MundPay Platform, hereinafter referred to as “Terms of Use,” establishes the following conditions:
Regarding MundPay's activities
MundPay is not a provider of products or services advertised by Users/Producers and/or Users/Affiliates on its website.
According to current Brazilian legislation, MundPay does not carry out activities of a financial institution, provision of financial services, or credit card management.
CLAUSE I – CONDITIONS AND ACCEPTANCE OF THE CONTRACT
By registering and using the platform, the user declares that they have read and accepted these terms without reservations.
MundPay reserves the right to change these terms at any time, without prior notice, according to its own criteria.
CLAUSE II – DEFINITIONS
Restricted Activities: All activities described in CLAUSE VI of these Terms that cannot be performed on the platform.
Chargeback or Dispute: Request for cancellation of a transaction (refund) made by the credit card holder to the card issuer. The cancellation is communicated to the acquirer (for example: Cielo, Rede Global, Payments, Get Net, etc.), which informs MundPay. When the card issuer accepts the dispute, the cardholder is refunded for the transaction.
Bank Account: Account(s) registered by the User for transfer of the amounts deposited in their Virtual Account by MundPay.
Fee: Amount charged by MundPay to the User as remuneration for the business intermediation service.
Taxes: All tax obligations, including taxes, fees, charges, and contributions arising from operations performed by the User.
User/Affiliate: All individuals and/or legal entities that promote, disclose, and sell digital products, using the MundPay platform for processing and managing transactions.
User/Buyer: All individuals or legal entities that purchase digital products made available on the websites of Producers and/or Affiliates, using the MundPay platform to process payment.
User/Producer: All individuals or legal entities that sell digital products of their intellectual property or with authorization, using the MundPay platform for processing and managing transactions.
CLAUSE III – USER REGISTRATION
Individuals (Producer and/or Affiliate) may register as Users: a) Individuals, fully legally capable (over 18 years old or emancipated) and without legal impediment; b) Legal entities, through their partner or legal representative, with legal capacity to contract;
By registering, the user declares and guarantees that all information provided is accurate, true and complies with the current legislation, assuming responsibility solely, exclusively, and fully, to MundPay and third parties, for such information and/or for the use of that information.
When creating their account/registration, the user will fill out a form providing their data and defining their Access Code.
The Access Code will allow the User to access their Account, check their balance, follow their sales routine, and request the transfer of credited amounts (withdrawals) to the Bank Account associated with the User's Account.
The Access Code may only be modified by the User themselves.
The Access Code must not be disclosed by the User to third parties, and it is the sole responsibility of the User to use, secure, and know their Access Code.
After registering their account, the data submitted by the individual or legal entity will be analyzed, which may take up to 72 business hours for confirmation of registration and release of the User for transactions using the platform.
If necessary, MundPay may take measures to confirm the accuracy and veracity of the information provided in the User's registration, and may consult public or private database to verify the legitimacy of the submitted information.
CLAUSE IV – PRODUCT REGISTRATION
The user may create digital products in their account to sell through their respective checkout, and the sale of physical products is expressly prohibited.
Product approval will occur immediately and automatically. However, the User must follow and adhere to the guidelines and rules set out in this Agreement, especially those regarding Intellectual Property.
Prohibited Activities and Products
This page provides information on the types of activities, companies, products, and sectors that cannot use MundPay's services. In other words, you must comply with and follow the rules and restrictions described to sell through MundPay.
High-Risk Jurisdictions and People
It is prohibited to use MundPay's services for any business, hiring, or sale of goods and services, directly or indirectly, to:
High-risk jurisdictions: Individuals located, residing, or citizens of jurisdictions, as well as products originating from these jurisdictions which, due to MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as Cuba, Iran, North Korea, Syria, and the regions of Crimea, Donetsk, and Luhansk.
Moreover, trading any product with import or export from Russia is prohibited.
High-risk individuals: Individuals that, by MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as individuals or legal entities included on a list of individuals or parties, or restricted by these lists, in the US, UK, European Union, or United Nations, including sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Denied Entities List maintained by the US Department of Commerce.
Prohibited Services
Exporting, re-exporting, selling, or providing accounting services, fund setup, and company formation, management consulting, architecture, or engineering to any person located in Russia.
Prohibited Activities
Some types of products cannot be marketed using MundPay, both for legal reasons and for platform policy reasons.
If our team/automatic system detects any of the products listed below, your operation on MundPay may be frozen without prior notice until regularization.
The list of prohibited products may change at any time. We recommend you check this article regularly.
Unfair, Deceptive, or Abusive Acts or Practices
Acts or practices that contravene rules, laws, regulations, or other local consumer regulatory bodies:
Predatory mortgage consulting
Companies making exaggerated claims, using deceptive testimonials, employing aggressive sales tactics, or resorting to false testimonials (with or without a written contract)
Companies offering unrealistic incentives or prizes as an incentive to purchase products or services
“Get-rich-quick” schemes, including: investment opportunities or other services promising high returns, deceiving consumers; schemes offering high returns with little effort or work and websites promising quick and easy money
pyramid schemes
Negative option marketing, negative option membership clubs and discounted rates that use inaccurate or hidden pricing
Predatory investment opportunities, with no cash counterpart or very low value
Any other type of business that MundPay considers unfair, misleading, or predatory to consumers
Robots, apps or similar that promise financial returns
It is prohibited to make false or misleading claims, including promises of unrealistic or unproven financial gains.
Disclosure Requirements: Companies must clearly state any conditions or limitations associated with the product. For example, if only a small percentage of users tend to make money, this must be disclosed.
Document forgery services
Multi-level marketing services that offer commissions or sales based on recruitment
Services with no value added, including selling or reselling services without any added benefit for the buyer; resale of products offered by governments without authorization or added value
Suspicious remote technical support
Telemarketing
Sales of online traffic or engagement
Door-to-door sales
Weapons, Firearms, Explosives and Hazardous Materials
Weapons, gunpowder, ammunition, fireworks and other explosives
Toy weapons (gel guns)
Weapon components such as precursors, magazines, clips, firearm conversion kits and any weapon 3D printed
Swords and katanas, unless used as replicas or for martial arts practice
Disguised knives and knives with opening mechanisms designed for quick readiness of the blade
Machetes
Toxic, flammable, combustible, or radioactive materials
Pesticides requiring a certified professional for application
Research chemicals
Products that cannot be mailed according to the US Postal Service (USPS)
Replicas of modern firearms, including toys, with improper markings
Pepper sprays and stun guns
Adult Content and Services
Men's clubs, topless bars, and strip clubs
Pornography and other adult content (including literature, images, and other media) that depict nudity or explicit sex
Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and live pornographic chat resources
All online dating services, including matchmaking services
Debt Reduction Companies
Settlement, negotiation, and consolidation of debts
Loans and Credit
Credit monitoring, “cleaning name” and advisory services
Paying loans with credit cards
Any form of loan or financial credit
Gambling
Gambling games, such as betting, online betting, casino games, raffles and contests, fantasy sports tournaments with cash or prize money (bet courses, lotteries, etc.)
Skill games, such as video game tournaments or competitions and mobile game competitions, darts, card games, and board games with cash or prize money
Bidding auctions
Lotteries
Payments of entry or player fees promising that the registrant or player will win a prize of value
Sports predictions or bets with cash or prize money
Marijuana
Courses and information about marijuana cultivation
Hydroponic equipment and other growing equipment marketed for planting marijuana
Cannabis shops and similar businesses
CBD products with THC levels exceeding the legal limit of the applicable local jurisdiction, including edible CBD products
Products derived from cannabis
Non-Fiduciary Currency
Mining and staking cryptocurrencies
Initial coin offerings (ICOs)
Secondary sales of NFTs
Non-fiduciary money and Stored Value
Cryptocurrency exchanges and wallets (e.g., bitcoin, ripple, ethereum, dogecoin, cardano, etc.)
Preloaded payment cards, gift cards, virtual credits, or other products and services that store a monetary value (digital or physical)
Issuance and sales of non-fungible tokens on their own account, including marketplaces and SaaS platforms. Prepaid phone cards, SIM cards, and phone services
Sale of coins or other items within games
Sale of stored values or credits accepted and issued by any entity other than the seller
Financial Products and Services
Debt collection agencies
Shell banks
ATMs
Transactional accounts
Funding of bank accounts
Funded proprietary desks
Neobanks or digital banks
Other financial services
Check cashing services
Insurance (including health benefit packages)
Custodial services
Loan services, including mortgage loans
“Buy now and pay later” services
Point-to-point money transfer
Money transfers, remittances, currency exchange services, and other monetary activities
Sale of bearer shares
Products and Services that Violate Intellectual Property Rights
Counterfeit products
Illegally imported or exported products
Any other product or service that infringes or directly facilitates the infringement of trademark rights, patents, copyrights, trade secrets, or proprietary or privacy rights of any third party
File-sharing sites, regardless of whether they host infringing content or not
Unauthorized sale of brand or designer products or services
Sale or distribution of music, movies, software, and other licensed materials without proper authorization
Pharmaceuticals, Medical Devices and Telemedicine
Regulated medical devices sold by prescription
Online pharmacies, including SaaS platforms
Pharmaceuticals and other products sold by prescription with no card present payment
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Claims of curing any type of disease, whether congenital, chronic or transient (such as diabetes)
Prescription delivery services
Telemedicine services
General Products Considered High Risk and Prohibited by MundPay
Air fryers and other household appliances
Mystery boxes
Stuffed animals
Motorcycle helmets
Cell phones, Smartphones, and iPhones
Shock collars for training animals
Gaming consoles (PlayStation, Xbox, Nintendo, etc.)
Accounts from other platforms (when it violates the platform’s terms of use)
Social media accounts
Smoothing brushes
Vertical countertop rotisserie ovens
Console gift cards (PlayStation, Xbox, Nintendo, etc.) and other digital games
Bath towel sets
Profiting from videos
Love honey
Notebooks
Red Silver pans*
Perfumes
Licensed products without the proper marketing license
Sneaker replicas
Vert shoes and sneakers
Followers on social media
Smartwatches
Nutraceuticals and Pseudoscientific Products
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Pseudoscientific and nutraceutical products aimed at significant weight loss or sexual performance
Prohibition of false or misleading claims: It is illegal to make specific promises of weight loss without scientific proof. For example, claiming that someone can lose “10 kilos in 2 weeks” without proof is considered misleading advertising.
Scientific proof requirements: Claims must be supported by robust scientific studies. False claims may result in fines and legal action.
FDA disapproval: Health-affecting products (pills, supplements, or devices) must be approved by the FDA before being marketed in the United States. If the product is not approved, its sale may be suspended.
Any Illegal Product or Service
Spyware or tools for spying, monitoring, or unauthorized access to third-party applications or social networks
Companies engaging, encouraging, promoting, or celebrating illegal violence or property damage to people or property
Equipment and items made to manufacture or use drugs
Telecommunications manipulation equipment, including signal blockers (TV Box, IPTV, or unregulated Streaming Services)
Services supplying false references or identities
Illegal substances (drugs) or substances made to imitate illegal drugs (including kava)
Legal Services Listed Below
Bankruptcy lawyers
Law firms that receive amounts that do not constitute legal fees
Payment of bail
Legal services in general
Identity Services
Identity theft protection services, including monitoring and recovery
Public Services
Disbursement of government economic support, such as grants
Offer of products and services by or on behalf of embassies and consulates
Offer of public services with misleading claims
Offer of public services without authorization or added value
Tobacco
Herbal cigarettes
Production equipment specifically marketed for the manufacture of tobacco products
Tobacco products, including e-cigarettes, cigars, and e-liquid for e-cigarettes
Travel
Charter or private airlines
Commercial airlines and cruises
Travel booking services and clubs
Timeshare services
Others
Crowdfunding, fundraising, and other activities for soliciting donations
Intermediation and aggregation of payments (including receiving settlement amounts for products or services not provided by you, on behalf of one or more third-party sellers)
Multi-level marketing: A business strategy in which companies earn revenue and participants earn commissions through network marketing for retail product sales and referral marketing programs
Age-restricted products or services, such as alcoholic beverages
Charity raffles and drawings explicitly for fundraising
Prohibited Uses of MundPay Products
The use of MundPay products with false, manipulated, inaccurate or misleading data related to your identity, legal entity, operational nature or any other data requested by MundPay. If your personal and business data changes, you must inform us immediately.
Use of MundPay products to conduct transactions on behalf of another unidentified merchant or to market unidentified products or services in the MundPay account opening request.
Use of MundPay primarily as a virtual terminal (e.g., sending card transactions with manual data entry).
Processing without a concrete good or service sold or a donation received; card testing.
Use of MundPay's intellectual property without written authorization; use of the name or logo of MundPay, including trademarks or service marks of MundPay without compliance or in a way that harms MundPay or the MundPay brand; any action suggesting a false endorsement of MundPay or an affiliation with MundPay.
CLAUSE V – USER RESPONSIBILITIES
It is the responsibility of the user/producer:
To register or integrate into the platform the content that will be delivered after the purchase of the product;
To provide adequate support to the buyer, providing a valid email address or phone number with WhatsApp;
To sell respecting the principles of applicable current legislation, such as: good faith, buyer consent, transparency, and legality;
To provide the necessary information about the product to the consumer/buyer, including but not limited to:
Clear, detailed description consistent with the content that will be delivered to the buyer;
Image of the product;
Name (title) of the product in accordance with its content;
Price to be paid by the buyer, which must be clearly stated on the product sales page, including in the case of an upsell funnel;
As previously stated in Clause IV of these terms, MundPay is not responsible for the content of the products, as their registration on the platform occurs automatically and immediately. Thus, any violation regarding plagiarism and misuse of third-party property will be the sole responsibility of the user who added it. However, MundPay’s communication channels are available for complaints of copyright infringement, at which point it will take appropriate action, if deemed appropriate, provided that it is duly substantiated and proven by the requester.
CLAUSE VI – RESTRICTED ACTIVITIES AND PRODUCTS
The User may not use the Platform to develop activities or market goods and/or services not authorized by law or in disagreement with MundPay's policies, including, by way of exemplification:
(I) offering escort service and sexual services, escort agencies/massage houses, or promoting prostitution;
(II) subscription to adult services, adult chat rooms or pornographic content (photos, videos, DVDs, magazines, or similar);
(III) products that promote and/or allude to pedophilia;
(IV) firearms, ammunition, or similar products, bladed weapons such as knives, axes, boxers (“brass knuckles”);
(V) drugs and tools specifically intended for drug production, drug paraphernalia, illegal drugs, substances that imitate illegal drugs, and/or other psychoactive products (for example, K2, Salvia divinorum, nitrate inhalers, bath salts, synthetic marijuana, herbal smoking blends, herbal incense and substances similar to HCG/HGH);
(VI) products/services offered specifically or intended to be used to create drugs or cultivate ingredients for drugs (for example, “growing” products, marijuana plant seeds, etc.);
(VII) raising or collecting money, pyramid selling;
(VIII) products for serial or satellite signal decoding, phones, cards or programming of electronic cards;
(IX) sale of prohibited or restricted medications under Brazilian law;
(X) gambling, lotteries, bingo, betting or similar;
(XI) dropshipping;
(XII) any other illegal products or services, including, without limitation, those violating intellectual property norms;
(XIII) the marketing of supplements to be delivered to other countries;
(XIV) products/services that promote hatred, violence, discrimination, terrorism, harassment, or abuse;
(XV) signal blockers or devices designed to block or interfere with personal and mobile communication devices/signals (for example, GPS), decoding products, including modchips and spyware devices/services/software;
(XVI) personal data lists;
(XVII) products that violate third-party Intellectual Property, with any form of plagiarism prohibited, whether in whole or in part, of third-party products;
(XVIII) physical products of any nature, only allowing the marketing of digital products.
(XIX) any illegal products and services linked to fraudulent websites, impersonating government agencies or debt negotiators, to obtain client data or even to commit financial fraud, being able to, in addition to the suspension of the sale of the product on the platform, respond for invasion of computer devices, fraud, and crimes against the popular economy, in accordance with national legislation.
The use of the platform as a tool for hiding, managing, investing, or profiting from amounts or other assets from criminal activities is prohibited, or to give the appearance of legality to resources from such activities.
It is expressly prohibited for Affiliate Users to make purchases on the Platform using their own Affiliate link from their device (computer, cell phone, tablet), from the same IP or internet network.
It is expressly prohibited for the User/Producer and User/Affiliate to capture the data of the User/Buyer and make purchases on their behalf, through any means or practice that violates the buyer's consent.
It is expressly prohibited to use other payment methods on the same domain of the product.
It is expressly prohibited to practice “Cookie Stuffing.” The User who violates this rule will be permanently banned from the Platform.
Violating the provisions of this clause will result in the immediate termination of these Terms, with no right to indemnification, compensation, or payment in favor of the User, with cancellation of their Virtual Account and loss of the amounts deposited therein, as a penalty, without prejudice to the User's responsibility for any losses or damages caused.
CLAUSE VII – USER DATA
The User expressly authorizes that the registration information provided, such as name, CPF, CNPJ, address, email, phone, be kept by MundPay, as well as authorizes that such information may eventually be shared with: (i) competent public authorities that formally request them, in accordance with Brazilian law, especially Law No. 12.965/2014 (“Marco Civil da Internet”); (ii) strategic, commercial, or technical partners of the companies for the provision of the Services; and (iii) the parties involved in the same negotiation, such as, for example, for a client involved in a transaction subject to dispute.
MundPay recognizes, under the applicable legislation, the confidentiality and security of the information provided by the parties, striving to ensure its privacy, except by legal force or judicial order.
CLAUSE VIII – REFUND REQUESTS
Refund requests may be made by the buyer within the product's warranty period, through the link: https://mundpay.com/ajuda-contato/ If it is within the appropriate period, the request will be automatically accepted by the platform.
MundPay, regardless of consulting the producer, reserves the right to intervene and proceed with the refund to the customer in the following situations:
When the buyer contacts MundPay, stating that they have not received a response or any support from the producer;
If the producer registers an email for support that does not exist;
If there is any incident opened by the buyer in channels such as: Reclame Aqui, PROCON, or any other extrajudicial or judicial means;
Any situation that characterizes fraud, plagiarism, copyright infringement, malpractice, misleading the customer regarding the offer, bad faith, or other situations of this nature;
If the producer fails to deliver/send the product purchased by the buyer.
CLAUSE IX – CHARGEBACKS
Retention of Values for Chargebacks. MundPay reserves the right to withhold, for up to 180 days, 20% of the value of Transactions for the purpose of guaranteeing Chargebacks, disputes, refunds, cancellations, and the like. The fixed percentage may also be changed, reaching up to 100%, if a disproportionate increase in the occurrences cited and/or atypical movements is identified. Furthermore, the retention period may be extended in cases of ongoing judicial or administrative actions, until a final ruling and MundPay can ascertain the expenses incurred by such a fact. In this context, the retained balance may be used to cover attorney's fees incurred by MundPay.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified, and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud, or due to low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, in order to prevent Chargebacks.
Proven Fraudulent Transactions. To prevent Chargebacks from occurring, if the data used in the Transactions associated with the Merchant are on the list of proven fraudulent Transaction data, passed on by payment network participants and/or Brands, as well as verified through internal fraud systems, MundPay commits to refunding the amount, deducting the amounts directly from the Merchant's Virtual Account.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send complete documentation requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the result pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed, and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
The producer should strive for a good relationship with the customer, providing them with post-sale support, in order to mitigate chargeback occurrences as much as possible.
MundPay constantly monitors the chargeback metrics of the products registered on the platform and the producer's account as a whole.
MundPay may, without the producer's consent, proceed with the dispute request (reversal) of chargebacks with the credit card operator, instructing this procedure with purchase data as it deems appropriate.
If high chargeback rates are detected, MundPay may contact the producer and warn them about this situation through the channels registered in their account (email, WhatsApp, or other).
After warning, if the chargeback rates remain high, MundPay may block the user’s balance or, as a last resort, block their registration on the platform.
Chargeback rates below 2% of the total transactions in the last 30 days are considered tolerable and accepted by the platform.
If the user's Chargeback rate is above 2.0% (two percent), MundPay reserves the right to block the total or partial balance of the Store for up to 120 (one hundred and twenty) days, to cover potential refunds and Chargebacks.
Notably, the rate will be calculated as follows: the total number of chargebacks received in the last 30 days will be divided by the total of transactions processed in the last 30 days.
If conduct that violates national legislation, as well as those described in these Terms, especially those described in CLAUSE VI, sub-item XIX regarding products linked to fraudulent websites, is verified, MundPay may block the User's Account, retaining the amounts therein until thorough fact-checking is completed.
This is because chargebacks and refunds in these cases are very high, exceeding the tolerable percentage described in the previous item, which may jeopardize the maintenance of operations, compromise the financial health of the Company, as well as the harm of incorrectly associating the Company's good name with alleged fraudulent practices.
This measure aims to protect the interests of third parties who may feel harmed both by the non-delivery of the product and by not achieving the promised purpose in the offer at the time of acquisition, which directly violates basic consumer rights, as outlined in Article 6 of the Consumer Protection Code (CDC).
It is important to clarify that in the above cases, fact-checking must be performed within 120 (one hundred and twenty) calendar days, and after the fact-checking, interested parties will be duly notified and the remaining amount will be unlocked.
Finally, in cases of early termination or after any complete withdrawal of amounts, MundPay will exercise, if necessary, its Right of Recourse, if it has suffered any losses generated by the producer and co-producer to third parties or the Company.
CLAUSE X – INTELLECTUAL PROPERTY OF MundPay
All the Intellectual Properties of MundPay are for the exclusive use of MundPay, including the software of the platform.
Although the use of the MundPay platform and its functionalities are allowed for users, any misuse of any Intellectual Property of MundPay, such as business name, registered trademark, trade titles, and others, is completely prohibited.
Any intention to use MundPay's Intellectual Property must be requested in writing and can only be employed after express authorization from MundPay, which is non-transferable and has a restricted nature for the purposes granted.
CLAUSE XI – REQUESTS REGARDING COPYRIGHT INFRINGEMENT
The producer, upon registering a product on MundPay's platform, confirms that they hold the ownership of their copyright. It is worth emphasizing that the product is accepted immediately and automatically, so MundPay has no responsibility regarding the quality and technical aspects, but is available for requests in this regard, at which point it will take the necessary actions.
The producer who suspects infringement of their Copyright may submit a complaint to the email contato@MundPay.com.br along with the documents and information proving the authorship of the product in question, as well as proof of other elements that may have been plagiarized (video content, images, photographs, artwork, etc.).
Any user who detects an infringement of their rights related to Intellectual Property by an Infoproduct marketed on MundPay may submit a Request to the Customer Service Department via email contato@MundPay.com.br, explicitly indicating the infringement and the ownership of the violated right. After internal verification, MundPay will make a decision regarding the case.
By sending the complaint, the Claimant is aware and agrees that their data may be shared with the Respondent, at which point they may contact the Claimant for clarifications and/or agreements.
MundPay does not accept complaints submitted by third parties. Complaints must be made by the owner of the violated right or by a representative with a power of attorney.
When considering the urgency of the measure, MundPay may block/suspend the Infoproduct immediately, without the right to any compensation to the Notified party, who is aware of and subject to the terms present in this instrument. The producer whose infoproduct has been blocked may express themselves later if they believe the blocking was unwarranted.
CLAUSE XII – MEASURES TAKEN BY MundPay
Causes, by way of example, for suspension, blockage, and exclusion of the User's Account:
a) the linking of products and/or offers that fall under the “Restricted Activities” referred to in this contract;
b) violation or attempted violation of the security measures of the Platform;
c) inconsistency of the User's registration data;
d) practice of spam;
e) making purchases using one's own Affiliate link;
f) characterizing chargeback rates above acceptable parameters. After warning, if the user continues with rates deemed excessive, their account may be suspended and balance blocked;
g) misuse of third-party Intellectual Property.
In the situations listed above, MundPay may suspend or block the product or the account of the responsible party. MundPay can perform actions with or without prior notice, and for any reason or motive, even if not expressly mentioned above, as long as there is suspicion of infringement of the provisions of this term, without any right to compensation.
If MundPay determines that a complaint lacks the necessary information or evidence to initiate an investigation process, it may archive it and close the occurrence.
If it finds the complaint legitimate, it may block immediately and initiate the investigation process, communicating the accused party so that they can present their version of the events and necessary evidence, and the declaration of awareness of the Complaint and accountability for any damages occurring from the continued marketing of products or access to the platform.
When it deems necessary to mediate disputes between users, MundPay may establish a mediation mechanism so that these users resolve matters directly. If it is not possible to reach an agreement among those involved in this mechanism, MundPay may (but is not obligated to) issue a decision to end the conflict.
All measures will be executed at MundPay's sole discretion, without prejudice to applicable legal actions.
If conduct violating these Terms is verified, MundPay may immediately block the User's Account, retaining the amounts existing therein until the facts are verified. The fact verification must be conducted within 120 (one hundred and twenty) business days.
MundPay reserves the right to initiate internal investigations at any time, without depending on complaints. Investigation results may be shared with competent authorities when requested. If it is not obligatory, MundPay may decide whether or not to disclose the results.
Upon the removal of a Product from the platform, no transaction may be processed in the payment tools. Transactions that have already occurred before the removal may be refunded to Buyers, and they may be clarified with the reason for such action.
CLAUSE XIII – SPECIFIC MEASURES TAKEN BY MundPay
Fraud: In case of suspected fraud, MundPay may preventively suspend the User's Account for a period of up to 120 (one hundred and twenty) business days or keep the User's Account suspended for the duration of the investigation. The period may be extended if there is a judicial and/or police inquiry. If fraud is confirmed, MundPay may block and delete the Account, without the obligation of prior notification, holding back available and future amounts to compensate for any losses caused to third parties and itself.
Early Termination: In case of early termination, MundPay is authorized to debit from the User's Account any amounts necessary to settle any losses caused by them to third parties or to the Company.
In any termination situation, the User agrees that their User Account will be closed, and they will not be able to initiate new transactions through the platform, whether as a producer, co-producer, or affiliate.
Chargebacks: Chargeback requests can be made up to 365 days after the purchase date. Thus, after the closure of the User's Account, debts arising from Chargebacks may occur.
CLAUSE XIV – CONFIDENTIALITY, DEFAMATION AND SLANDER
14.1 Commitment to Confidentiality
The Users agree to keep secret and not disclose, directly or indirectly, any confidential information related to MundPay, including, but not limited to: technical, strategic, financial, operational, commercial data, and other elements that may compromise the reputation, operation, or competitiveness of the Platform. The confidentiality obligation remains valid even after the contractual relationship with MundPay ends.
14.2 Prohibition of Defamation and Slander
Users are expressly prohibited from engaging in acts that may harm MundPay's image, reputation, or good name, whether through public statements, social networks, digital channels, press, or any other means of communication. This prohibition includes the disclosure of technical, operational, or commercial problems experienced by the User while using the Platform, without prior and express authorization from MundPay.
14.3 Sanctions and Penalties
Failure to comply with the obligations described in this Clause will subject the offender to the following penalties:
a) Compensatory Fine: The offender will be subject to a non-compensatory fine of R$ 100,000.00 (one hundred thousand reais), as damages caused to MundPay, regardless of other applicable penalties.
b) Suspension or Blocking of Account: MundPay may, at its sole discretion, suspend or block access to the account of the offending User and retain any amounts available in the virtual account until the case is fully investigated.
c) Legal Actions: MundPay reserves the right to take appropriate legal and/or administrative measures for compensation for pain and suffering and material losses suffered.
14.4 Exceptions
Communication made in the context of judicial, arbitral, or administrative disputes will not be considered a violation of this clause, provided that it is limited to the necessary requirements for the process and in accordance with applicable legislation.
14.5 Acceptance
The acceptance of these Terms by the User implies full adherence to the conditions set forth in this clause, without any reservations.
PREVENTIVE MEASURES AND SANCTIONS
15.1 Measures:
Any conduct in disagreement with the provisions set forth in these Terms and the Related Documents may lead to the application of the following sanctions:
(a) Removal of Product or Content identified as irregular;
(b) Immediate suspension of access to the checkout and payment link;
(c) Blocking of the Product on the Platform;
(d) Blocking and retention of balance derived from suspicious sales, for up to 120 (one hundred and twenty) days;
15.1.1 Such measures will be taken at MundPay's sole discretion, without prejudice to legal actions available for compensation of any damages, including additional indemnification, if losses or damages suffered by the company or third parties are verified.
15.2 Blocking of Product:
In case of blocking of products or the seller's registration, all active listings and/or offers made will be automatically canceled, thus not granting any right to indemnification or reimbursement to the seller.
15.3 Blocking by Acquirers:
If any payment acquirer used by MundPay as a processor identifies suspicious sales and decides to implement blocks or refunds, MundPay will comply with the decisions adopted by the acquirer, exempting itself from any responsibility for damages resulting from these actions.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud or low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, to prevent Chargebacks.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send documentation complete requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
4.16.1. Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the outcome pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
CLAUSE XV – GENERAL PROVISIONS
This contract is for an indefinite period, and may be terminated by either Party at any time.
The User is not permitted to assign the rights and obligations of this Term.
MundPay reserves the right to assign the rights and obligations of this Term to third parties without prior authorization from the User.
The tolerance of one of the Parties, regarding any breach of any obligations by the other, will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent the tolerating Party from requiring the other to comply at any time.
If there is a need to resort to judicial means to resolve any doubt or issue relating to this Term, the losing party will bear the process costs and attorney’s fees.
The parties choose the court of the District of Rio de Janeiro/Rj, to resolve any controversies arising from this Term, excluding any other, no matter how privileged it may be.
CLAUSE XVI – SERVICE CHANNELS AND HOURS
In case of questions, complaints, suggestions, the User may contact MundPay Support at the email: contato@mundpay.com, from Monday to Friday, from 09:00 to 18:00.
ANNEX I – ETHOCA ALERT SERVICES
This Annex applies to all CLIENTS, under the following terms:
Considering that the parties have rightly and agreed upon these Terms of Use;
Considering that CLIENT is a provider of product and/or service, and that in its commercial transactions there is a risk of chargeback by the PAYERS, recipients of the charges generated by the CLIENT;
Considering the possibility of activating the ETHOCA Alert Services, a Mastercard affiliate, aiming to reduce the CLIENT's chargeback rate, we have that:
A) Ethoca Alert Services consist of receiving, exclusively in relation to MASTERCARD transactions, alerts of fraud and refund alerts, in real-time, with the aim of assisting the CLIENT in preventing chargebacks.
B) The CLIENT is aware that all alerted transactions, that are received or confirmed, will be refunded;
C) For each refund made, the CLIENT will pay the amount of R$ 80.00 (eighty reais). The total amount will be debited when MundPay receives the alert.
D) The above value will be adjusted every June, according to the positive variation of IGPM-FGV (General Market Price Index, calculated by the Getúlio Vargas Foundation) or, if this index is no longer valid, any other similar index that replaces it (the ‘Index’). The Index variation over the last twelve months will be used to calculate the percentage increase of the applicable amount for the following twelve-month period.
E) If the CLIENT exceeds the rate of 2% of chargebacks required by Payers/Cardholders, additional fees may be set for the use of MundPay's Payment Service or penalties may be applied, such as suspension or deactivation of the registration on the Platform, and balance block for up to 120 days. Among other applicable penalties, as provided in these Terms of Use of MundPay.
General Terms of Use for MundPay
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
Introduction
The Terms below will govern your entire experience as our User. It is important that you understand them because, to use our services, you must accept them.
MundPay offers a space for those who wish to create or promote a digital product in a simple and practical way, allowing people to live off their passions and teach what they have best to the entire world. These Terms govern the use of the MundPay Platform and all resources, applications, services, technologies, and software provided by MundPay, except where we expressly state that other terms (and not these) apply.
To facilitate reading these Terms, we offer a Glossary [at this link], which lists the meanings of the expressions started with uppercase letters in these Terms or in the other MundPay Policies. In particular, we refer indistinctly to the MundPay Platform or simply the Platform as both the MundPay.com website and its subdomains, as well as any other websites, interfaces, applications, and other means through which MundPay provides its resources. The services related to the resources provided by MundPay are collectively referred to as Services.
By accessing or using the Platform, you agree to be bound by these Terms and to comply with their rules. You should read these Terms carefully, as they contain important information about your rights and obligations regarding accessing or using the resources or Services of MundPay.
Terms of Use
Responsible Company
The company MundPay that you hire to use the Platform and operationalize your transactions, MundPay, has headquarters, branches, and representatives in the following countries:
United States: MundPay, LLC, with EIN registration number: 36-5099929, located at 169 Madison Avenue, New York, NY 10016, USA.
Brazil: MundPay Pagamentos Internacionais Ltda, with CNPJ registration number: 55.009.285/0001-13, located at Av. Alfredo Balthazar da Silveira, 580, Recreio dos Bandeirantes, Rio de Janeiro, Brazil.
The company MundPay LLC, headquartered at 169 Madison Avenue, New York, NY 10016 US, the exclusive owner of the domains www.MundPay.com and www.MundPay.com.br, will be referred to as “MundPay” or “Platform.” The term “User” refers to the individual or legal entity that has read, understood, agreed to, and electronically accepted these terms. This Non-Exclusive License Agreement for the use of the MundPay Platform, hereinafter referred to as “Terms of Use,” establishes the following conditions:
Regarding MundPay's activities
MundPay is not a provider of products or services advertised by Users/Producers and/or Users/Affiliates on its website.
According to current Brazilian legislation, MundPay does not carry out activities of a financial institution, provision of financial services, or credit card management.
CLAUSE I – CONDITIONS AND ACCEPTANCE OF THE CONTRACT
By registering and using the platform, the user declares that they have read and accepted these terms without reservations.
MundPay reserves the right to change these terms at any time, without prior notice, according to its own criteria.
CLAUSE II – DEFINITIONS
Restricted Activities: All activities described in CLAUSE VI of these Terms that cannot be performed on the platform.
Chargeback or Dispute: Request for cancellation of a transaction (refund) made by the credit card holder to the card issuer. The cancellation is communicated to the acquirer (for example: Cielo, Rede Global, Payments, Get Net, etc.), which informs MundPay. When the card issuer accepts the dispute, the cardholder is refunded for the transaction.
Bank Account: Account(s) registered by the User for transfer of the amounts deposited in their Virtual Account by MundPay.
Fee: Amount charged by MundPay to the User as remuneration for the business intermediation service.
Taxes: All tax obligations, including taxes, fees, charges, and contributions arising from operations performed by the User.
User/Affiliate: All individuals and/or legal entities that promote, disclose, and sell digital products, using the MundPay platform for processing and managing transactions.
User/Buyer: All individuals or legal entities that purchase digital products made available on the websites of Producers and/or Affiliates, using the MundPay platform to process payment.
User/Producer: All individuals or legal entities that sell digital products of their intellectual property or with authorization, using the MundPay platform for processing and managing transactions.
CLAUSE III – USER REGISTRATION
Individuals (Producer and/or Affiliate) may register as Users: a) Individuals, fully legally capable (over 18 years old or emancipated) and without legal impediment; b) Legal entities, through their partner or legal representative, with legal capacity to contract;
By registering, the user declares and guarantees that all information provided is accurate, true and complies with the current legislation, assuming responsibility solely, exclusively, and fully, to MundPay and third parties, for such information and/or for the use of that information.
When creating their account/registration, the user will fill out a form providing their data and defining their Access Code.
The Access Code will allow the User to access their Account, check their balance, follow their sales routine, and request the transfer of credited amounts (withdrawals) to the Bank Account associated with the User's Account.
The Access Code may only be modified by the User themselves.
The Access Code must not be disclosed by the User to third parties, and it is the sole responsibility of the User to use, secure, and know their Access Code.
After registering their account, the data submitted by the individual or legal entity will be analyzed, which may take up to 72 business hours for confirmation of registration and release of the User for transactions using the platform.
If necessary, MundPay may take measures to confirm the accuracy and veracity of the information provided in the User's registration, and may consult public or private database to verify the legitimacy of the submitted information.
CLAUSE IV – PRODUCT REGISTRATION
The user may create digital products in their account to sell through their respective checkout, and the sale of physical products is expressly prohibited.
Product approval will occur immediately and automatically. However, the User must follow and adhere to the guidelines and rules set out in this Agreement, especially those regarding Intellectual Property.
Prohibited Activities and Products
This page provides information on the types of activities, companies, products, and sectors that cannot use MundPay's services. In other words, you must comply with and follow the rules and restrictions described to sell through MundPay.
High-Risk Jurisdictions and People
It is prohibited to use MundPay's services for any business, hiring, or sale of goods and services, directly or indirectly, to:
High-risk jurisdictions: Individuals located, residing, or citizens of jurisdictions, as well as products originating from these jurisdictions which, due to MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as Cuba, Iran, North Korea, Syria, and the regions of Crimea, Donetsk, and Luhansk.
Moreover, trading any product with import or export from Russia is prohibited.
High-risk individuals: Individuals that, by MundPay's determination and for legal, contractual, and commercial reasons, among others, are prohibited, such as individuals or legal entities included on a list of individuals or parties, or restricted by these lists, in the US, UK, European Union, or United Nations, including sanctions maintained by the US Office of Foreign Assets Control or the Denied Persons List or Denied Entities List maintained by the US Department of Commerce.
Prohibited Services
Exporting, re-exporting, selling, or providing accounting services, fund setup, and company formation, management consulting, architecture, or engineering to any person located in Russia.
Prohibited Activities
Some types of products cannot be marketed using MundPay, both for legal reasons and for platform policy reasons.
If our team/automatic system detects any of the products listed below, your operation on MundPay may be frozen without prior notice until regularization.
The list of prohibited products may change at any time. We recommend you check this article regularly.
Unfair, Deceptive, or Abusive Acts or Practices
Acts or practices that contravene rules, laws, regulations, or other local consumer regulatory bodies:
Predatory mortgage consulting
Companies making exaggerated claims, using deceptive testimonials, employing aggressive sales tactics, or resorting to false testimonials (with or without a written contract)
Companies offering unrealistic incentives or prizes as an incentive to purchase products or services
“Get-rich-quick” schemes, including: investment opportunities or other services promising high returns, deceiving consumers; schemes offering high returns with little effort or work and websites promising quick and easy money
pyramid schemes
Negative option marketing, negative option membership clubs and discounted rates that use inaccurate or hidden pricing
Predatory investment opportunities, with no cash counterpart or very low value
Any other type of business that MundPay considers unfair, misleading, or predatory to consumers
Robots, apps or similar that promise financial returns
It is prohibited to make false or misleading claims, including promises of unrealistic or unproven financial gains.
Disclosure Requirements: Companies must clearly state any conditions or limitations associated with the product. For example, if only a small percentage of users tend to make money, this must be disclosed.
Document forgery services
Multi-level marketing services that offer commissions or sales based on recruitment
Services with no value added, including selling or reselling services without any added benefit for the buyer; resale of products offered by governments without authorization or added value
Suspicious remote technical support
Telemarketing
Sales of online traffic or engagement
Door-to-door sales
Weapons, Firearms, Explosives and Hazardous Materials
Weapons, gunpowder, ammunition, fireworks and other explosives
Toy weapons (gel guns)
Weapon components such as precursors, magazines, clips, firearm conversion kits and any weapon 3D printed
Swords and katanas, unless used as replicas or for martial arts practice
Disguised knives and knives with opening mechanisms designed for quick readiness of the blade
Machetes
Toxic, flammable, combustible, or radioactive materials
Pesticides requiring a certified professional for application
Research chemicals
Products that cannot be mailed according to the US Postal Service (USPS)
Replicas of modern firearms, including toys, with improper markings
Pepper sprays and stun guns
Adult Content and Services
Men's clubs, topless bars, and strip clubs
Pornography and other adult content (including literature, images, and other media) that depict nudity or explicit sex
Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and live pornographic chat resources
All online dating services, including matchmaking services
Debt Reduction Companies
Settlement, negotiation, and consolidation of debts
Loans and Credit
Credit monitoring, “cleaning name” and advisory services
Paying loans with credit cards
Any form of loan or financial credit
Gambling
Gambling games, such as betting, online betting, casino games, raffles and contests, fantasy sports tournaments with cash or prize money (bet courses, lotteries, etc.)
Skill games, such as video game tournaments or competitions and mobile game competitions, darts, card games, and board games with cash or prize money
Bidding auctions
Lotteries
Payments of entry or player fees promising that the registrant or player will win a prize of value
Sports predictions or bets with cash or prize money
Marijuana
Courses and information about marijuana cultivation
Hydroponic equipment and other growing equipment marketed for planting marijuana
Cannabis shops and similar businesses
CBD products with THC levels exceeding the legal limit of the applicable local jurisdiction, including edible CBD products
Products derived from cannabis
Non-Fiduciary Currency
Mining and staking cryptocurrencies
Initial coin offerings (ICOs)
Secondary sales of NFTs
Non-fiduciary money and Stored Value
Cryptocurrency exchanges and wallets (e.g., bitcoin, ripple, ethereum, dogecoin, cardano, etc.)
Preloaded payment cards, gift cards, virtual credits, or other products and services that store a monetary value (digital or physical)
Issuance and sales of non-fungible tokens on their own account, including marketplaces and SaaS platforms. Prepaid phone cards, SIM cards, and phone services
Sale of coins or other items within games
Sale of stored values or credits accepted and issued by any entity other than the seller
Financial Products and Services
Debt collection agencies
Shell banks
ATMs
Transactional accounts
Funding of bank accounts
Funded proprietary desks
Neobanks or digital banks
Other financial services
Check cashing services
Insurance (including health benefit packages)
Custodial services
Loan services, including mortgage loans
“Buy now and pay later” services
Point-to-point money transfer
Money transfers, remittances, currency exchange services, and other monetary activities
Sale of bearer shares
Products and Services that Violate Intellectual Property Rights
Counterfeit products
Illegally imported or exported products
Any other product or service that infringes or directly facilitates the infringement of trademark rights, patents, copyrights, trade secrets, or proprietary or privacy rights of any third party
File-sharing sites, regardless of whether they host infringing content or not
Unauthorized sale of brand or designer products or services
Sale or distribution of music, movies, software, and other licensed materials without proper authorization
Pharmaceuticals, Medical Devices and Telemedicine
Regulated medical devices sold by prescription
Online pharmacies, including SaaS platforms
Pharmaceuticals and other products sold by prescription with no card present payment
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Claims of curing any type of disease, whether congenital, chronic or transient (such as diabetes)
Prescription delivery services
Telemedicine services
General Products Considered High Risk and Prohibited by MundPay
Air fryers and other household appliances
Mystery boxes
Stuffed animals
Motorcycle helmets
Cell phones, Smartphones, and iPhones
Shock collars for training animals
Gaming consoles (PlayStation, Xbox, Nintendo, etc.)
Accounts from other platforms (when it violates the platform’s terms of use)
Social media accounts
Smoothing brushes
Vertical countertop rotisserie ovens
Console gift cards (PlayStation, Xbox, Nintendo, etc.) and other digital games
Bath towel sets
Profiting from videos
Love honey
Notebooks
Red Silver pans*
Perfumes
Licensed products without the proper marketing license
Sneaker replicas
Vert shoes and sneakers
Followers on social media
Smartwatches
Nutraceuticals and Pseudoscientific Products
Pseudoscientific and nutraceutical products with unsustainable or harmful claims
Pseudoscientific and nutraceutical products aimed at significant weight loss or sexual performance
Prohibition of false or misleading claims: It is illegal to make specific promises of weight loss without scientific proof. For example, claiming that someone can lose “10 kilos in 2 weeks” without proof is considered misleading advertising.
Scientific proof requirements: Claims must be supported by robust scientific studies. False claims may result in fines and legal action.
FDA disapproval: Health-affecting products (pills, supplements, or devices) must be approved by the FDA before being marketed in the United States. If the product is not approved, its sale may be suspended.
Any Illegal Product or Service
Spyware or tools for spying, monitoring, or unauthorized access to third-party applications or social networks
Companies engaging, encouraging, promoting, or celebrating illegal violence or property damage to people or property
Equipment and items made to manufacture or use drugs
Telecommunications manipulation equipment, including signal blockers (TV Box, IPTV, or unregulated Streaming Services)
Services supplying false references or identities
Illegal substances (drugs) or substances made to imitate illegal drugs (including kava)
Legal Services Listed Below
Bankruptcy lawyers
Law firms that receive amounts that do not constitute legal fees
Payment of bail
Legal services in general
Identity Services
Identity theft protection services, including monitoring and recovery
Public Services
Disbursement of government economic support, such as grants
Offer of products and services by or on behalf of embassies and consulates
Offer of public services with misleading claims
Offer of public services without authorization or added value
Tobacco
Herbal cigarettes
Production equipment specifically marketed for the manufacture of tobacco products
Tobacco products, including e-cigarettes, cigars, and e-liquid for e-cigarettes
Travel
Charter or private airlines
Commercial airlines and cruises
Travel booking services and clubs
Timeshare services
Others
Crowdfunding, fundraising, and other activities for soliciting donations
Intermediation and aggregation of payments (including receiving settlement amounts for products or services not provided by you, on behalf of one or more third-party sellers)
Multi-level marketing: A business strategy in which companies earn revenue and participants earn commissions through network marketing for retail product sales and referral marketing programs
Age-restricted products or services, such as alcoholic beverages
Charity raffles and drawings explicitly for fundraising
Prohibited Uses of MundPay Products
The use of MundPay products with false, manipulated, inaccurate or misleading data related to your identity, legal entity, operational nature or any other data requested by MundPay. If your personal and business data changes, you must inform us immediately.
Use of MundPay products to conduct transactions on behalf of another unidentified merchant or to market unidentified products or services in the MundPay account opening request.
Use of MundPay primarily as a virtual terminal (e.g., sending card transactions with manual data entry).
Processing without a concrete good or service sold or a donation received; card testing.
Use of MundPay's intellectual property without written authorization; use of the name or logo of MundPay, including trademarks or service marks of MundPay without compliance or in a way that harms MundPay or the MundPay brand; any action suggesting a false endorsement of MundPay or an affiliation with MundPay.
CLAUSE V – USER RESPONSIBILITIES
It is the responsibility of the user/producer:
To register or integrate into the platform the content that will be delivered after the purchase of the product;
To provide adequate support to the buyer, providing a valid email address or phone number with WhatsApp;
To sell respecting the principles of applicable current legislation, such as: good faith, buyer consent, transparency, and legality;
To provide the necessary information about the product to the consumer/buyer, including but not limited to:
Clear, detailed description consistent with the content that will be delivered to the buyer;
Image of the product;
Name (title) of the product in accordance with its content;
Price to be paid by the buyer, which must be clearly stated on the product sales page, including in the case of an upsell funnel;
As previously stated in Clause IV of these terms, MundPay is not responsible for the content of the products, as their registration on the platform occurs automatically and immediately. Thus, any violation regarding plagiarism and misuse of third-party property will be the sole responsibility of the user who added it. However, MundPay’s communication channels are available for complaints of copyright infringement, at which point it will take appropriate action, if deemed appropriate, provided that it is duly substantiated and proven by the requester.
CLAUSE VI – RESTRICTED ACTIVITIES AND PRODUCTS
The User may not use the Platform to develop activities or market goods and/or services not authorized by law or in disagreement with MundPay's policies, including, by way of exemplification:
(I) offering escort service and sexual services, escort agencies/massage houses, or promoting prostitution;
(II) subscription to adult services, adult chat rooms or pornographic content (photos, videos, DVDs, magazines, or similar);
(III) products that promote and/or allude to pedophilia;
(IV) firearms, ammunition, or similar products, bladed weapons such as knives, axes, boxers (“brass knuckles”);
(V) drugs and tools specifically intended for drug production, drug paraphernalia, illegal drugs, substances that imitate illegal drugs, and/or other psychoactive products (for example, K2, Salvia divinorum, nitrate inhalers, bath salts, synthetic marijuana, herbal smoking blends, herbal incense and substances similar to HCG/HGH);
(VI) products/services offered specifically or intended to be used to create drugs or cultivate ingredients for drugs (for example, “growing” products, marijuana plant seeds, etc.);
(VII) raising or collecting money, pyramid selling;
(VIII) products for serial or satellite signal decoding, phones, cards or programming of electronic cards;
(IX) sale of prohibited or restricted medications under Brazilian law;
(X) gambling, lotteries, bingo, betting or similar;
(XI) dropshipping;
(XII) any other illegal products or services, including, without limitation, those violating intellectual property norms;
(XIII) the marketing of supplements to be delivered to other countries;
(XIV) products/services that promote hatred, violence, discrimination, terrorism, harassment, or abuse;
(XV) signal blockers or devices designed to block or interfere with personal and mobile communication devices/signals (for example, GPS), decoding products, including modchips and spyware devices/services/software;
(XVI) personal data lists;
(XVII) products that violate third-party Intellectual Property, with any form of plagiarism prohibited, whether in whole or in part, of third-party products;
(XVIII) physical products of any nature, only allowing the marketing of digital products.
(XIX) any illegal products and services linked to fraudulent websites, impersonating government agencies or debt negotiators, to obtain client data or even to commit financial fraud, being able to, in addition to the suspension of the sale of the product on the platform, respond for invasion of computer devices, fraud, and crimes against the popular economy, in accordance with national legislation.
The use of the platform as a tool for hiding, managing, investing, or profiting from amounts or other assets from criminal activities is prohibited, or to give the appearance of legality to resources from such activities.
It is expressly prohibited for Affiliate Users to make purchases on the Platform using their own Affiliate link from their device (computer, cell phone, tablet), from the same IP or internet network.
It is expressly prohibited for the User/Producer and User/Affiliate to capture the data of the User/Buyer and make purchases on their behalf, through any means or practice that violates the buyer's consent.
It is expressly prohibited to use other payment methods on the same domain of the product.
It is expressly prohibited to practice “Cookie Stuffing.” The User who violates this rule will be permanently banned from the Platform.
Violating the provisions of this clause will result in the immediate termination of these Terms, with no right to indemnification, compensation, or payment in favor of the User, with cancellation of their Virtual Account and loss of the amounts deposited therein, as a penalty, without prejudice to the User's responsibility for any losses or damages caused.
CLAUSE VII – USER DATA
The User expressly authorizes that the registration information provided, such as name, CPF, CNPJ, address, email, phone, be kept by MundPay, as well as authorizes that such information may eventually be shared with: (i) competent public authorities that formally request them, in accordance with Brazilian law, especially Law No. 12.965/2014 (“Marco Civil da Internet”); (ii) strategic, commercial, or technical partners of the companies for the provision of the Services; and (iii) the parties involved in the same negotiation, such as, for example, for a client involved in a transaction subject to dispute.
MundPay recognizes, under the applicable legislation, the confidentiality and security of the information provided by the parties, striving to ensure its privacy, except by legal force or judicial order.
CLAUSE VIII – REFUND REQUESTS
Refund requests may be made by the buyer within the product's warranty period, through the link: https://mundpay.com/ajuda-contato/ If it is within the appropriate period, the request will be automatically accepted by the platform.
MundPay, regardless of consulting the producer, reserves the right to intervene and proceed with the refund to the customer in the following situations:
When the buyer contacts MundPay, stating that they have not received a response or any support from the producer;
If the producer registers an email for support that does not exist;
If there is any incident opened by the buyer in channels such as: Reclame Aqui, PROCON, or any other extrajudicial or judicial means;
Any situation that characterizes fraud, plagiarism, copyright infringement, malpractice, misleading the customer regarding the offer, bad faith, or other situations of this nature;
If the producer fails to deliver/send the product purchased by the buyer.
CLAUSE IX – CHARGEBACKS
Retention of Values for Chargebacks. MundPay reserves the right to withhold, for up to 180 days, 20% of the value of Transactions for the purpose of guaranteeing Chargebacks, disputes, refunds, cancellations, and the like. The fixed percentage may also be changed, reaching up to 100%, if a disproportionate increase in the occurrences cited and/or atypical movements is identified. Furthermore, the retention period may be extended in cases of ongoing judicial or administrative actions, until a final ruling and MundPay can ascertain the expenses incurred by such a fact. In this context, the retained balance may be used to cover attorney's fees incurred by MundPay.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified, and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud, or due to low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, in order to prevent Chargebacks.
Proven Fraudulent Transactions. To prevent Chargebacks from occurring, if the data used in the Transactions associated with the Merchant are on the list of proven fraudulent Transaction data, passed on by payment network participants and/or Brands, as well as verified through internal fraud systems, MundPay commits to refunding the amount, deducting the amounts directly from the Merchant's Virtual Account.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send complete documentation requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the result pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed, and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
The producer should strive for a good relationship with the customer, providing them with post-sale support, in order to mitigate chargeback occurrences as much as possible.
MundPay constantly monitors the chargeback metrics of the products registered on the platform and the producer's account as a whole.
MundPay may, without the producer's consent, proceed with the dispute request (reversal) of chargebacks with the credit card operator, instructing this procedure with purchase data as it deems appropriate.
If high chargeback rates are detected, MundPay may contact the producer and warn them about this situation through the channels registered in their account (email, WhatsApp, or other).
After warning, if the chargeback rates remain high, MundPay may block the user’s balance or, as a last resort, block their registration on the platform.
Chargeback rates below 2% of the total transactions in the last 30 days are considered tolerable and accepted by the platform.
If the user's Chargeback rate is above 2.0% (two percent), MundPay reserves the right to block the total or partial balance of the Store for up to 120 (one hundred and twenty) days, to cover potential refunds and Chargebacks.
Notably, the rate will be calculated as follows: the total number of chargebacks received in the last 30 days will be divided by the total of transactions processed in the last 30 days.
If conduct that violates national legislation, as well as those described in these Terms, especially those described in CLAUSE VI, sub-item XIX regarding products linked to fraudulent websites, is verified, MundPay may block the User's Account, retaining the amounts therein until thorough fact-checking is completed.
This is because chargebacks and refunds in these cases are very high, exceeding the tolerable percentage described in the previous item, which may jeopardize the maintenance of operations, compromise the financial health of the Company, as well as the harm of incorrectly associating the Company's good name with alleged fraudulent practices.
This measure aims to protect the interests of third parties who may feel harmed both by the non-delivery of the product and by not achieving the promised purpose in the offer at the time of acquisition, which directly violates basic consumer rights, as outlined in Article 6 of the Consumer Protection Code (CDC).
It is important to clarify that in the above cases, fact-checking must be performed within 120 (one hundred and twenty) calendar days, and after the fact-checking, interested parties will be duly notified and the remaining amount will be unlocked.
Finally, in cases of early termination or after any complete withdrawal of amounts, MundPay will exercise, if necessary, its Right of Recourse, if it has suffered any losses generated by the producer and co-producer to third parties or the Company.
CLAUSE X – INTELLECTUAL PROPERTY OF MundPay
All the Intellectual Properties of MundPay are for the exclusive use of MundPay, including the software of the platform.
Although the use of the MundPay platform and its functionalities are allowed for users, any misuse of any Intellectual Property of MundPay, such as business name, registered trademark, trade titles, and others, is completely prohibited.
Any intention to use MundPay's Intellectual Property must be requested in writing and can only be employed after express authorization from MundPay, which is non-transferable and has a restricted nature for the purposes granted.
CLAUSE XI – REQUESTS REGARDING COPYRIGHT INFRINGEMENT
The producer, upon registering a product on MundPay's platform, confirms that they hold the ownership of their copyright. It is worth emphasizing that the product is accepted immediately and automatically, so MundPay has no responsibility regarding the quality and technical aspects, but is available for requests in this regard, at which point it will take the necessary actions.
The producer who suspects infringement of their Copyright may submit a complaint to the email contato@MundPay.com.br along with the documents and information proving the authorship of the product in question, as well as proof of other elements that may have been plagiarized (video content, images, photographs, artwork, etc.).
Any user who detects an infringement of their rights related to Intellectual Property by an Infoproduct marketed on MundPay may submit a Request to the Customer Service Department via email contato@MundPay.com.br, explicitly indicating the infringement and the ownership of the violated right. After internal verification, MundPay will make a decision regarding the case.
By sending the complaint, the Claimant is aware and agrees that their data may be shared with the Respondent, at which point they may contact the Claimant for clarifications and/or agreements.
MundPay does not accept complaints submitted by third parties. Complaints must be made by the owner of the violated right or by a representative with a power of attorney.
When considering the urgency of the measure, MundPay may block/suspend the Infoproduct immediately, without the right to any compensation to the Notified party, who is aware of and subject to the terms present in this instrument. The producer whose infoproduct has been blocked may express themselves later if they believe the blocking was unwarranted.
CLAUSE XII – MEASURES TAKEN BY MundPay
Causes, by way of example, for suspension, blockage, and exclusion of the User's Account:
a) the linking of products and/or offers that fall under the “Restricted Activities” referred to in this contract;
b) violation or attempted violation of the security measures of the Platform;
c) inconsistency of the User's registration data;
d) practice of spam;
e) making purchases using one's own Affiliate link;
f) characterizing chargeback rates above acceptable parameters. After warning, if the user continues with rates deemed excessive, their account may be suspended and balance blocked;
g) misuse of third-party Intellectual Property.
In the situations listed above, MundPay may suspend or block the product or the account of the responsible party. MundPay can perform actions with or without prior notice, and for any reason or motive, even if not expressly mentioned above, as long as there is suspicion of infringement of the provisions of this term, without any right to compensation.
If MundPay determines that a complaint lacks the necessary information or evidence to initiate an investigation process, it may archive it and close the occurrence.
If it finds the complaint legitimate, it may block immediately and initiate the investigation process, communicating the accused party so that they can present their version of the events and necessary evidence, and the declaration of awareness of the Complaint and accountability for any damages occurring from the continued marketing of products or access to the platform.
When it deems necessary to mediate disputes between users, MundPay may establish a mediation mechanism so that these users resolve matters directly. If it is not possible to reach an agreement among those involved in this mechanism, MundPay may (but is not obligated to) issue a decision to end the conflict.
All measures will be executed at MundPay's sole discretion, without prejudice to applicable legal actions.
If conduct violating these Terms is verified, MundPay may immediately block the User's Account, retaining the amounts existing therein until the facts are verified. The fact verification must be conducted within 120 (one hundred and twenty) business days.
MundPay reserves the right to initiate internal investigations at any time, without depending on complaints. Investigation results may be shared with competent authorities when requested. If it is not obligatory, MundPay may decide whether or not to disclose the results.
Upon the removal of a Product from the platform, no transaction may be processed in the payment tools. Transactions that have already occurred before the removal may be refunded to Buyers, and they may be clarified with the reason for such action.
CLAUSE XIII – SPECIFIC MEASURES TAKEN BY MundPay
Fraud: In case of suspected fraud, MundPay may preventively suspend the User's Account for a period of up to 120 (one hundred and twenty) business days or keep the User's Account suspended for the duration of the investigation. The period may be extended if there is a judicial and/or police inquiry. If fraud is confirmed, MundPay may block and delete the Account, without the obligation of prior notification, holding back available and future amounts to compensate for any losses caused to third parties and itself.
Early Termination: In case of early termination, MundPay is authorized to debit from the User's Account any amounts necessary to settle any losses caused by them to third parties or to the Company.
In any termination situation, the User agrees that their User Account will be closed, and they will not be able to initiate new transactions through the platform, whether as a producer, co-producer, or affiliate.
Chargebacks: Chargeback requests can be made up to 365 days after the purchase date. Thus, after the closure of the User's Account, debts arising from Chargebacks may occur.
CLAUSE XIV – CONFIDENTIALITY, DEFAMATION AND SLANDER
14.1 Commitment to Confidentiality
The Users agree to keep secret and not disclose, directly or indirectly, any confidential information related to MundPay, including, but not limited to: technical, strategic, financial, operational, commercial data, and other elements that may compromise the reputation, operation, or competitiveness of the Platform. The confidentiality obligation remains valid even after the contractual relationship with MundPay ends.
14.2 Prohibition of Defamation and Slander
Users are expressly prohibited from engaging in acts that may harm MundPay's image, reputation, or good name, whether through public statements, social networks, digital channels, press, or any other means of communication. This prohibition includes the disclosure of technical, operational, or commercial problems experienced by the User while using the Platform, without prior and express authorization from MundPay.
14.3 Sanctions and Penalties
Failure to comply with the obligations described in this Clause will subject the offender to the following penalties:
a) Compensatory Fine: The offender will be subject to a non-compensatory fine of R$ 100,000.00 (one hundred thousand reais), as damages caused to MundPay, regardless of other applicable penalties.
b) Suspension or Blocking of Account: MundPay may, at its sole discretion, suspend or block access to the account of the offending User and retain any amounts available in the virtual account until the case is fully investigated.
c) Legal Actions: MundPay reserves the right to take appropriate legal and/or administrative measures for compensation for pain and suffering and material losses suffered.
14.4 Exceptions
Communication made in the context of judicial, arbitral, or administrative disputes will not be considered a violation of this clause, provided that it is limited to the necessary requirements for the process and in accordance with applicable legislation.
14.5 Acceptance
The acceptance of these Terms by the User implies full adherence to the conditions set forth in this clause, without any reservations.
PREVENTIVE MEASURES AND SANCTIONS
15.1 Measures:
Any conduct in disagreement with the provisions set forth in these Terms and the Related Documents may lead to the application of the following sanctions:
(a) Removal of Product or Content identified as irregular;
(b) Immediate suspension of access to the checkout and payment link;
(c) Blocking of the Product on the Platform;
(d) Blocking and retention of balance derived from suspicious sales, for up to 120 (one hundred and twenty) days;
15.1.1 Such measures will be taken at MundPay's sole discretion, without prejudice to legal actions available for compensation of any damages, including additional indemnification, if losses or damages suffered by the company or third parties are verified.
15.2 Blocking of Product:
In case of blocking of products or the seller's registration, all active listings and/or offers made will be automatically canceled, thus not granting any right to indemnification or reimbursement to the seller.
15.3 Blocking by Acquirers:
If any payment acquirer used by MundPay as a processor identifies suspicious sales and decides to implement blocks or refunds, MundPay will comply with the decisions adopted by the acquirer, exempting itself from any responsibility for damages resulting from these actions.
Increased chargeback rate. If evidence or suspicions of many new imminent Chargebacks are verified and MundPay identifies a risk of future increase of the Chargeback rate above 3% (three percent), whether due to suspected fraud or low satisfaction of Buyers, MundPay reserves the right to cancel and refund part or all of the sales of the Merchant's Store, returning the money to the Buyers, to prevent Chargebacks.
Chargeback Analysis. When a Chargeback is reported to MundPay, it will promptly debit the contested amount from the Merchant's Virtual Account. Subsequently, MundPay may then confer the Merchant the right to dispute the Chargeback. In this case, the Merchant must, within 10 (ten) calendar days:
a) Provide valid proof of delivery or provision of the Product;
b) Prove the Buyer’s participation in the specification of the Product;
c) Prove product delivery through the AR (Acknowledgment of Receipt) signed by the cardholder or by the buyer;
d) Provide valid tracking code for the shipment of the product (confirmed by the Post Office or transport companies) in the Transaction details;
e) Send documentation complete requested by MundPay for analysis and possible unlocking of the contested payment; and
f) Prove that efforts were made to resolve issues with the buyer of commercial disagreement.
4.16.1. Non-submission of documents. If the Merchant does not send the documents and information listed above to MundPay, or if the outcome pointed out by the institution is unfavorable to the Merchant, the Chargeback will be confirmed and the amount will remain debited, as stated in item 4.17. If there is insufficient balance in the Merchant's Virtual Account, MundPay may initiate a collection process for the amounts owed, as well as apply all applicable legal measures.
CLAUSE XV – GENERAL PROVISIONS
This contract is for an indefinite period, and may be terminated by either Party at any time.
The User is not permitted to assign the rights and obligations of this Term.
MundPay reserves the right to assign the rights and obligations of this Term to third parties without prior authorization from the User.
The tolerance of one of the Parties, regarding any breach of any obligations by the other, will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent the tolerating Party from requiring the other to comply at any time.
If there is a need to resort to judicial means to resolve any doubt or issue relating to this Term, the losing party will bear the process costs and attorney’s fees.
The parties choose the court of the District of Rio de Janeiro/Rj, to resolve any controversies arising from this Term, excluding any other, no matter how privileged it may be.
CLAUSE XVI – SERVICE CHANNELS AND HOURS
In case of questions, complaints, suggestions, the User may contact MundPay Support at the email: contato@mundpay.com, from Monday to Friday, from 09:00 to 18:00.
ANNEX I – ETHOCA ALERT SERVICES
This Annex applies to all CLIENTS, under the following terms:
Considering that the parties have rightly and agreed upon these Terms of Use;
Considering that CLIENT is a provider of product and/or service, and that in its commercial transactions there is a risk of chargeback by the PAYERS, recipients of the charges generated by the CLIENT;
Considering the possibility of activating the ETHOCA Alert Services, a Mastercard affiliate, aiming to reduce the CLIENT's chargeback rate, we have that:
A) Ethoca Alert Services consist of receiving, exclusively in relation to MASTERCARD transactions, alerts of fraud and refund alerts, in real-time, with the aim of assisting the CLIENT in preventing chargebacks.
B) The CLIENT is aware that all alerted transactions, that are received or confirmed, will be refunded;
C) For each refund made, the CLIENT will pay the amount of R$ 80.00 (eighty reais). The total amount will be debited when MundPay receives the alert.
D) The above value will be adjusted every June, according to the positive variation of IGPM-FGV (General Market Price Index, calculated by the Getúlio Vargas Foundation) or, if this index is no longer valid, any other similar index that replaces it (the ‘Index’). The Index variation over the last twelve months will be used to calculate the percentage increase of the applicable amount for the following twelve-month period.
E) If the CLIENT exceeds the rate of 2% of chargebacks required by Payers/Cardholders, additional fees may be set for the use of MundPay's Payment Service or penalties may be applied, such as suspension or deactivation of the registration on the Platform, and balance block for up to 120 days. Among other applicable penalties, as provided in these Terms of Use of MundPay.