TERMS AND CONDITIONS OF SERVICE
1. GENERAL INFORMATION
These Terms and Conditions of Use (hereinafter, the “Terms”) govern the access to and use of the website https://www.one.lat (hereinafter, the “Platform”), as well as the contents, features, tools, and services that ONE makes available through it, and constitute a legally binding agreement between ONEINFINITE PLATFORM S.A.C., a company incorporated under the laws of the Republic of Peru, owner of the Platform (hereinafter, “ONE”), and you, whether a natural or legal person who accesses, registers, or uses the Platform as a technological tool to facilitate the offering, promotion, commercialization, and sale on your own behalf of digital products and/or services (hereinafter, the “Entrepreneur”).
The Platform is a digital solution oriented towards Entrepreneurs, creators, and companies wishing to create, publish, promote, and sell content, knowledge, experiences, services, training, consulting, digital resources, and other provisions offered in digital format, as well as to access tools intended to facilitate the management of their commercial operations.
Important: Please read these Terms and Conditions carefully before accessing, registering, or using the Platform.
By accessing the Platform, creating an account, using any of its features, or clicking “accept” or any equivalent acceptance mechanism, you express your consent and agree to be legally bound by these Terms. You declare that you have read and understood ONE's Privacy Policy, which forms an integral part of the framework applicable to the use of the Platform.
Furthermore, you acknowledge and accept that the use of the Platform may be subject to policies, specific conditions, and/or legal notices that ONE publishes or makes available, which shall be deemed incorporated into these Terms by reference to the extent applicable. If you do not accept these Terms, the Privacy Policy, or other applicable conditions, you must not access, register, or use the Platform.
ONE may modify, update, or replace, at any time and at its sole discretion, these Terms, as well as any policy, guideline, specific condition, or supplementary document related to the Platform. Such modifications shall enter into force upon their publication on the Platform, or from the date expressly indicated in the corresponding update. Consequently, continued access, registration, or use of the Platform following such publication or effective date shall constitute acceptance of the modified Terms.
2. DEFINITIONS
- Entrepreneur: The natural or legal person who offers and commercializes digital products and/or services through the Platform.
- User: The natural or legal person who acquires, contracts, accesses, or pays for private products and/or services offered by an Entrepreneur through the Platform.
- Platform: The digital environment operated by ONE, available at https://www.one.lat, through which Entrepreneurs can create and manage their commercial profile, publish, promote, and commercialize digital products and/or services, use available features and integrations, and access, through Integrated Providers, certain Payment Methods.
- ONE Services: The set of features, technological tools, modules, interfaces, integrations, operational resources, and other benefits inherent to the Platform that ONE makes available to the Entrepreneur.
- Integrated Providers: Independent third parties, including processors, acquirers, networks, financial entities, technology providers, digital asset providers, or other operational partners, that are integrated or connected to the Platform to provide, operate, or support certain Payment Methods, validations, conversions, reconciliations, settlements, controls, or other components necessary for the applicable operational flow. Such Integrated Providers act pursuant to their own terms, policies, risk criteria, operating rules, and applicable regulations. To date, such Integrated Providers may include, among others, Coinflow and BlindPay.
- Payment Methods: Methods, instruments, networks, channels, or payment modalities provided, operated, or enabled by Integrated Providers for Users to pay for products and/or services offered by Entrepreneurs through the Platform, including cards, transfers, alternative payment methods, local payments, digital assets, or other means available at any given time.
- Net Funds: The amount corresponding to the Entrepreneur for a sale, after the Integrated Provider applies the corresponding commissions, charges, refunds, chargebacks, withholdings, reserves, adjustments, and other deductions.
- Settlement Digital Asset: The digital asset, stablecoin, or crypto-asset supported by the Integrated Providers for the settlement of Net Funds to the Entrepreneur, including USDC or other digital assets available for the corresponding operation, through the applicable Blockchain Network.
- Settlement: The automated technological process through which the Integrated Provider, once the transaction is approved, validated, reconciled, converted, and available, directly credits the Settlement Digital Asset to the Wallet Address provided by the Entrepreneur.
- Wallet Address: The unique alphanumeric address on a blockchain network provided by the Entrepreneur under their sole responsibility. It is used as the destination to receive settlements in digital assets, under the exclusive responsibility of the Entrepreneur regarding its accuracy, validity, compatibility, operability, control, and correspondence with the applicable Blockchain Network.
- Blockchain Network: The blockchain network supported by the Integrated Providers for the processing, conversion, or settlement of operations in digital assets, according to the applicable operation and the conditions available at any given time.
- Chargeback: Any reversal, dispute, unrecognized transaction, or claim of a payment transaction initiated by a User, bank, issuer, acquirer, payment network, processor, external provider, or other intervening third party, which may give rise to the total or partial reversal of funds, debits, reserves, adjustments, costs, or losses associated with said transaction.
3. THE SERVICES
3.1 Nature and scope of the Platform
The Platform constitutes a digital ecosystem that allows Entrepreneurs to offer, commercialize, and manage digital products and/or services, and Users to access, acquire, or pay for said products and/or services. ONE makes available tools, features, and technological integrations intended to facilitate the administration of said activity, the interaction between Entrepreneurs and Users, and the operational coordination of transactions channeled through the Platform.
3.2 Entrepreneur's Products and/or Services
The Entrepreneur is solely and exclusively responsible for their products and/or services, as well as for all information, content, terms, conditions, offer rules, modalities of access and use, delivery, provision, support, and other aspects linked to them.
When a User completes a transaction regarding the Entrepreneur's products and/or services through the Platform, the contractual relationship relating to said products and/or services is established between the User and the Entrepreneur. Consequently, ONE does not assume the status of a party or guarantor regarding said relationship, nor shall it be liable for disputes, claims, damages, losses, or injuries of any nature arising from the relationship between the Entrepreneur and the Users, or from the relationship of the latter with third parties.
3.3 Relationship of the Entrepreneur with ONE
By using the Platform, the Entrepreneur contracts the services provided by ONE and does not acquire, by that fact alone, the status of an employee, collaborator, representative, agent, partner, associate, ally, or any other equivalent relationship with ONE. Consequently, the Entrepreneur may not present themselves to third parties as if they maintained that type of relationship with ONE, nor act on behalf of or for the benefit of ONE.
The Entrepreneur must act at all times in their own name, on their own behalf, and for their own benefit. Without prejudice to the features and integrations available on the Platform, the Entrepreneur retains full autonomy to develop their activity, define their commercial practices, and organize their relationships with Users, under their exclusive responsibility.
4. ACCOUNT ELIGIBILITY AND VERIFICATION
4.1 Eligibility Requirements
To request access to and use of ONE's Services, the Entrepreneur must comply, at all times, with the following requirements:
- a) Be at least eighteen (18) years of age and have full legal capacity to bind themselves under applicable regulations;
- b) Operate a legitimate and authorized activity, linked exclusively to the offering of digital products and/or services;
- c) Be in good standing in the jurisdiction or jurisdictions from which they develop their activity or use the Platform;
- d) Not be located, domiciled, incorporated, or be a resident or national of jurisdictions subject to sanctions, embargoes, restrictions, or equivalent measures applicable to ONE or its providers and operating partners;
- e) Not be included in lists of restricted, sanctioned, or prohibited persons, entities, or parties issued by competent authorities or by national or international bodies that may be applicable; and
- f) In the case of acting on behalf or in representation of a legal entity, partnership, organization, venture, or any other entity, have sufficient powers to request registration, use ONE's Services, and validly bind such entity pursuant to these Terms and Conditions.
The Entrepreneur must comply with the preceding requirements at the time of their registration and throughout the entire duration of the relationship with ONE.
4.2 Registration and provision of information
To access and fully use the Services, features, and payment methods enabled through the Platform, the Entrepreneur must complete the corresponding registration, onboarding, and verification process, which may be carried out before ONE and/or before the Integrated Providers, depending on the applicable operational flow.
To this end, the Entrepreneur must provide, in a complete, accurate, truthful, and updated manner, all information and documentation requested by ONE and/or the Integrated Providers, including that necessary to validate their identity, activity, commercial profile, contact details, Wallet Address, and other relevant aspects for the access and use of the Services. Likewise, ONE and/or the Integrated Providers may at any time require additional information or documentation to supplement, update, or validate that previously provided.
Failure to deliver the requested information, as well as the provision of false, inaccurate, incomplete, inconsistent, or outdated information, may result in the rejection of the registration request, the inability to access or use certain Services, features, or payment methods, the suspension of the account, or the inability to continue using the Platform.
4.3 Verification Process
The registration, onboarding, and verification process may include, as applicable, the following stages:
- a) Verification of contact details: Verification and confirmation of email address, validation of phone number, and other relevant contact details;
- b) Evaluation of the commercial profile and business verification: Analysis of the activity carried out by the Entrepreneur, their business model, marketing channels, countries or jurisdictions of operation, estimated operational volumes, and verification of their digital presence, including website, social networks, Instagram, landing pages, public profiles, or other digital channels used to offer, promote, or commercialize their products and/or services.
- c) Identity verification: Validation of the identity of the Entrepreneur or, as the case may be, of their representatives, ultimate beneficial owners, or authorized persons, through identification documents, biometric validations, proof of life, or other mechanisms reasonably required;
- d) Validation of Wallet Address: Technical verification and operational registration of the Wallet Address provided by the Entrepreneur, including, where applicable, its format, compatibility with the Blockchain Network, and technical suitability to receive the applicable Settlement Digital Asset. ONE and/or the Integrated Providers may require reasonable technical or operational mechanisms to prove control, authorization of use, or operational linkage of said Wallet Address, without such validation implying a guarantee regarding its ownership, availability, security, continuous operation, or correct administration by the Entrepreneur or third parties.
- e) Compliance evaluations: Controls linked to identity, sanctions, politically exposed persons, adverse media, fraud, acceptable use, prohibited activity, Platform integrity, and other risk and compliance verifications; and
- f) Enhanced review: Supplementary human review, interviews, expanded documentation requirements, or any other additional measure when deemed necessary based on the Entrepreneur's risk profile, declared activity, projected volume, or observed operational patterns.
The creation of an account on the Platform allows the Entrepreneur to access their management panel within the Platform. The admission and enablement of the Entrepreneur shall be subject to the discretionary evaluation and approval of ONE, and shall not be automatic.
The Entrepreneur acknowledges that the activation of sale features, payment processing, and the ability to receive settlements depend solely and exclusively on the operational activation and approval of the Integrated Providers. ONE does not guarantee that access to the Platform will result in enablement by said Providers, who act independently according to their own risk and compliance criteria.
4.4 Limitations of Verification
The verification process carried out by ONE and/or by the Integrated Providers aims to evaluate, based on the information available at the time of review, the apparent legitimacy of the Entrepreneur, their activity, and their risk profile. Consequently, the Entrepreneur acknowledges and accepts:
- a) The verification, approval, or enablement of the account, Services, features, or Payment Methods does not constitute a certification, recommendation, endorsement, or guarantee by ONE or the Integrated Providers regarding the Entrepreneur, their activity, their products and/or services, or their commercial practices;
- b) ONE and/or the Integrated Providers may perform reasonable verifications on the information provided, but do not guarantee its absolute accuracy, sufficiency, validity, or continuous updating;
- c) The approval of the account or the enablement of certain Services, features, or Payment Methods is based on the information available at the time of evaluation and does not imply permanent validation or a guarantee regarding future conduct of the Entrepreneur; and
- d) ONE and/or the Integrated Providers may re-evaluate the Entrepreneur, request additional information or documentation, impose operational conditions, limit features, suspend or reject certain Services or Payment Methods, or adopt other reasonable measures when deemed necessary in accordance with their risk assessment, these Terms, their internal policies, applicable regulations, or requirements of intervening third parties.
4.5 Enhanced Reviews and Additional Controls
ONE and/or Integrated Providers may apply enhanced review measures, additional controls, or complementary requirements to those Entrepreneurs who present high operational volumes, material changes in their activity, claims, chargebacks, or unusual activity. These measures include requesting extra information and documentation, complementary technical validations, and periodic reviews aimed at managing risks and ensuring operational compliance.
4.6 Rejection or Cancellation of Registration
ONE and/or the Integrated Providers may reject a registration request when:
- a) The Entrepreneur does not meet the eligibility requirements;
- b) They do not satisfactorily pass the verification or compliance checks;
- c) They provide false, inaccurate, incomplete, inconsistent, or outdated information or documentation;
- d) They breach these Terms and Conditions, applicable policies, or current regulations; or
- e) There are risk, security, fraud, compliance, reputational, or Platform integrity reasons that, in the reasonable judgment of ONE and/or the Integrated Providers, justify such a measure.
The adoption of any of these measures by ONE and/or the Integrated Providers shall not, in itself, generate any right to compensation in favor of the Entrepreneur.
4.7 Retention of Information and Documentation
ONE shall retain the Entrepreneur's information and documentation for the periods necessary for the provision of the Services, the management of the contractual relationship, compliance with legal, regulatory, fiscal, accounting, operational, security, fraud prevention, compliance, auditing obligations, handling of claims, defense of rights, and responding to requirements of competent authorities or intervening third parties.
Likewise, certain information may be retained or required by Integrated Providers pursuant to their own terms, policies, legal, regulatory, and operational obligations. Upon expiration of the applicable periods or when the purpose justifying its retention ceases to exist, the information will be deleted, anonymized, or processed in accordance with the Privacy Policy and applicable regulations on personal data protection.
5. OBLIGATIONS OF THE ENTREPRENEUR AND ACCEPTABLE USE OF THE PLATFORM
5.1 General Obligations of the Entrepreneur
The Entrepreneur binds themselves to access, use, and operate on the Platform in accordance with these Terms and Conditions, applicable regulations, and other applicable policies. In particular, the Entrepreneur shall:
- a) Provide at all times truthful, complete, accurate, and updated information regarding their identity, activity, products and/or services, contact methods, Wallet Address, and any other relevant information for the use of the Platform, as well as for the enablement, configuration, and use of the payment methods provided by the integrated providers.
- b) Maintain the confidentiality and security of their access credentials to the Platform, being solely responsible for all activity carried out through their account, and immediately notify ONE of any unauthorized use, improper access, or suspicion of compromised security;
- c) Maintain under their exclusive control the Wallet Address designated for receiving settlements in digital assets, as well as the keys, credentials, and other access mechanisms associated with it.
- d) Promptly update any material change in their activity, business model, products and/or services, marketing channels, jurisdictions of operation, or use of the Platform;
- e) Use the Platform and the services offered by ONE solely for lawful purposes and refrain, by themselves or through third parties linked to them, from engaging in any conduct that may directly or indirectly affect, damage, discredit, or compromise ONE, the Platform, its services, or its personnel, collaborators, representatives, agents, partners, or allies;
- f) Determine, declare, and pay, under their exclusive responsibility, the taxes, rates, assessments, and fiscal charges applicable to their activity and to the sales made through the Platform. The Entrepreneur acknowledges and accepts that settlements of Net Funds may be subject to withholdings, collections, deductions, or adjustments that the Integrated Providers must apply in accordance with the regulations in force in each jurisdiction. The Entrepreneur is the sole issuer of invoices for their products/services.
- g) Keep in force and in order the permits, licenses, registrations, authorizations, and other enablements applicable to their activity;
- h) Provide the additional documentation and information that ONE requests within the framework of verification, compliance, fraud prevention, sanctions, acceptable use, operational integrity, risk management processes or, where applicable, in compliance with requirements of Integrated Providers or competent authorities;
- i) Offer exclusively digital products and/or services permitted by ONE and applicable regulations;
- j) Describe their products and/or services in a clear, complete, accurate, and non-misleading manner, as well as the conditions applicable to their access, use, support, cancellation, return, or refund, to the extent applicable;
- k) Establish the final price of the products and/or services;
- l) Comply with consumer protection, e-commerce, consumer information, legal guarantees, right of withdrawal or rescission, cancellations, returns, and refunds regulations applicable to their activity, their products and/or services, and the corresponding jurisdiction;
- m) Maintain appropriate and available channels for customer service, support, and claims management for Users, being solely responsible for responding to inquiries, requests, complaints, withdrawals, rescissions, cancellations, returns, guarantees, or claims linked to their products and/or services; and
- n) Manage the corresponding cancellations, returns, or refunds in accordance with applicable regulations, the conditions offered to the User, these Terms, and the applicable operational flow on the Platform and/or before the Integrated Providers.
5.2 Responsibility of the Entrepreneur to the Users
The Entrepreneur is solely and exclusively responsible to the Users for:
- a) All representations, statements, promises, and warranties made in relation to their products and/or services;
- b) Ensuring that the User receives or can access the product and/or service under the terms in which it was offered at the time of purchase;
- c) The quality, legality, access, delivery, provision, support, and correct compliance of the products and/or services offered through the Platform;
- d) Compliance with applicable regulations regarding consumer protection and any other regulations applicable to their activity, their products and/or services, or their relationship with Users;
- e) The management of inquiries, complaints, claims, disputes, changes, cancellations, returns, and refunds linked to their products and/or services;
- f) Providing appropriate and timely support to Users regarding the products and/or services offered through the Platform;
- g) The accuracy, clarity, and truthfulness of all promotional, commercial, and marketing information linked to their products and/or services;
- h) Chargebacks, reversals, and associated costs arising from operations linked to their products and/or services, in accordance with the applicable operational rules and policies of the Platform;
- i) Informing the User clearly and in advance of the conditions, modality, and deadlines for access, delivery, activation, or provision of the products and/or services, as applicable, including, where relevant, that their enablement may be subject to the validation, authorization, or effective confirmation of the payment, and that availability times may vary depending on the payment method used, applicable validations, and the operational modality of the acquired product or service.
5.3 Acceptable Use of the Platform
Access to and use of the Platform must be carried out in a lawful, diligent, respectful manner and in accordance with the purpose for which it was made available by ONE. Consequently, and without prejudice to other restrictions provided for in these Terms and Conditions, Entrepreneurs may not use the Platform to:
- a) Violate laws, regulations, administrative provisions, sanctions, embargoes, trade restrictions, or any other applicable regulations;
- b) Defame, harass, threaten, stalk, discriminate against, insult, or violate the rights of other Users, third parties, or ONE's personnel, collaborators, or representatives;
- c) Publish, upload, transmit, distribute, or make available unlawful, misleading, fraudulent, defamatory, obscene, offensive content, or content that infringes third-party rights, including intellectual property, privacy, image, or publicity rights;
- d) Offer, promote, or commercialize products and/or services other than those permitted on the Platform or that are contrary to these Terms and Conditions, applicable regulations, or ONE's policies;
- e) Impersonate another person, use a third party's account without authorization, provide false or misleading information, or lead third parties to believe that there is a link, sponsorship, endorsement, or representation by ONE that does not exist;
- f) Send spam, unsolicited bulk messages, chain letters, unauthorized surveys, misleading promotions, or any other irrelevant or abusive communication;
- g) Upload, transmit, or distribute viruses, malware, trojans, corrupted files, or any other code or element that may affect the operation of the Platform or third-party systems;
- h) Use robots, spiders, scrapers, bots, automation tools, data mining, or any other mechanism intended to extract, compile, index, monitor, or exploit information from the Platform without prior and express authorization from ONE;
- i) Interfere with, alter, violate, or attempt to violate the security, integrity, availability, or operation of the Platform, its systems, servers, networks, or integrations;
- j) Copy, adapt, modify, translate, sublicense, decompile, reverse engineer, or otherwise exploit the Platform or its components, except to the extent expressly permitted by law;
- k) Remove, alter, or hide intellectual property notices, trademarks, legal legends, or any other identifying element of ONE or third parties;
- l) Register or use a new account after a previous account has been suspended, restricted, or cancelled by ONE, without prior and express authorization from ONE; or
- m) Use the Platform in any way that may affect its reputation, integrity, operation, security, or the experience of other Users.
5.4 Prohibited Activities and Categories
Entrepreneurs may not use the Platform to offer, promote, commercialize, or channel operations linked to products, services, content, or activities included in any of the following prohibited categories:
- a) Gambling, casinos, games of chance, or equivalent activities;
- b) Crypto-assets, trading, investments, financial services, money transmission, loans, or other regulated activities that do not have the required licenses, authorizations, or enablements;
- c) Adult content, sexual services, escort services, or activities of a similar nature;
- d) Illicit substances or related products, including cannabis, CBD, marijuana, and derivatives, illegal drugs, and paraphernalia or accessories for their consumption;
- e) Tobacco, cigarettes, electronic cigarettes, vapes, or equivalent products;
- f) Weapons, ammunition, explosives, or hazardous materials;
- g) Medicines, pharmaceutical products, or health-related devices whose commercialization is not duly authorized;
- h) Pyramid schemes, multi-level marketing (MLM), or analogous business models;
- i) "Get rich quick" offers, doubtful investment opportunities, or misleading recruitment schemes;
- j) Credit repair services, debt consolidation, mortgage or loan modification, or similar activities;
- k) Counterfeit products, pirated content, or any activity that infringes intellectual property rights;
- l) Airlines, cruises, timeshares, or travel services with high operational or reputational risk;
- m) Supplements, wellness products, or similar items that include unapproved or unauthorized medical claims;
- n) Tenders, auctions, or equivalent mechanisms, including online auctions or bidding systems;
- o) Insurance, medical benefit packages, or analogous products subject to specific regulation;
- p) Fundraising campaigns, donations, charitable activities, NGOs, or foundations, unless prior and express approval from ONE is granted and sufficient evidence of registration and authorization before the competent authority is presented;
- q) Cash advances, cash-out, or equivalent mechanisms;
- r) Fraud, deception, or illicit tools, including false documents, spyware, modchips, unauthorized decoding systems, jammers, cyberlockers, essay mills, or other analogous instruments;
- s) Content, products, or services linked to abuse, exploitation, hate, or violence, including child abuse, human trafficking, bestiality, non-consensual material, hate propaganda, or extortion;
- t) Ticket sales by unauthorized sellers;
- u) Transfer, sale, assignment, or brokerage of databases or personal data;
- v) Subscriptions, memberships, or accesses with perpetual, lifetime, or indefinite duration; and
- w) Collection services, recovery, debt collection, or activities inherent to collection agencies.
ONE may, at its sole discretion, restrict, reject, or terminate any product, service, account, operation, or activity that it considers included in any of the preceding categories, or that could be incompatible with the rules of payment networks, service providers, applicable regulations, or internal risk and compliance policies.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 Disclaimer of Liability
The Platform, as well as the services, features, integrations, and other tools made available by ONE through it, are provided on an "as is" and "as available" basis, subject to the technical and operational conditions existing at the time of use. ONE grants no warranties of any kind, whether express or implied, regarding the Platform or the services provided through it, including, without limitation, warranties of uninterrupted availability, continuous operation, absence of errors, security, fitness for a particular purpose, accuracy, reliability, or adequacy to the expectations of the Entrepreneurs.
In particular, ONE does not guarantee that:
- a) The Platform or any of its features will be available at all times, in an uninterrupted, secure, or error-free manner;
- b) Defects, failures, or errors on the Platform will be corrected within a specific period, or that the Platform will be free of viruses, malware, or other harmful components;
- c) The information or content available on the Platform will be accurate, complete, or sufficient.
6.2 Limitation of Liability
To the maximum extent permitted by applicable regulations, ONE shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, nor for loss of income, profits, business, opportunities, data, reputation, or goodwill, arising out of or related to the access, use, inability to use, or operation of the Platform or any of its services, even if ONE has been advised of the possibility of such damages.
Without limiting the foregoing, ONE shall not be liable for damages, losses, claims, or injuries resulting from:
- a) Access, use, inability to access or use, unavailability, interruption, suspension, error, or malfunction of the Platform;
- b) Any relationship, transaction, contractual bond, claim, or dispute between Entrepreneurs and Users, or between them and third parties;
- c) The products and/or services offered by Entrepreneurs, including their content, quality, legality, access, delivery, provision, support, cancellation, return, or refund, as well as any claim arising from their publication, promotion, availability, or commercialization through the Platform. ONE's intervention in the publication, availability, promotion, or operational coordination of transactions does not imply validation, approval, certification, recommendation, guarantee, or endorsement by ONE regarding said products and/or services;
- d) Acts, omissions, decisions, delays, rejections, restrictions, blockages, suspensions, errors, interruptions, unavailabilities, failures, policies, terms, costs, commissions, requirements, or actions of Integrated Providers or third parties linked to the operation of the Platform. The integration or use of said providers does not imply endorsement, guarantee, or assumption of liability by ONE;
- e) Unauthorized access, improper use, alterations, losses, or interruptions linked to credentials, wallets, accounts, or access mechanisms of the Entrepreneur; or
- f) Acts, events, or circumstances beyond the reasonable control of ONE, including events of force majeure, acts of God, infrastructure failures, unavailability of third parties, payment networks, Integrated Providers, blockchain networks, acts of authority, regulatory measures, or any other external event affecting the availability, continuity, or operation of the Platform or the Services.
6.3 Indemnification
The Entrepreneur binds themselves to indemnify, defend, and hold harmless ONE, its directors, officers, employees, representatives, agents, and collaborators from and against any claim, action, demand, damage, loss, liability, cost, or expense, including reasonable attorneys' fees and court or out-of-court costs, arising out of or related to:
- a) The products and/or services offered, promoted, commercialized, or provided by the Entrepreneur through the Platform;
- b) Any claim by Users or third parties related to defective, illicit, undelivered, misleading, fraudulent products and/or services, or products and/or services that infringe third-party rights;
- c) The breach by the Entrepreneur of these Terms and Conditions, applicable regulations, or ONE's policies;
- d) False, inaccurate, incomplete, inconsistent, or misleading information or documentation provided by the Entrepreneur during the registration, verification process, or at any time thereafter;
- e) Violations of third-party rights, including intellectual property rights, privacy, image, publicity, or personal data rights;
- f) Chargebacks, reversals, claims, fines, penalties, operational costs, or any other cost or contingency associated with the Entrepreneur's activity or the products and/or services offered by them; and
- g) Any use of the Platform by the Entrepreneur, or by third parties accessing it through their credentials.
7. OPERATIONAL COORDINATION OF PAYMENT TRANSACTIONS
7.1 Intervention of ONE and Linked Third Parties
ONE facilitates to the Entrepreneur, through the Platform, access to certain Payment Methods, mechanisms, and operational flows provided by Integrated Providers, so that Users can pay for the digital products and/or services offered by the Entrepreneur. Said operations shall be processed, managed, converted, reconciled, and/or settled, as applicable, exclusively by the Integrated Providers or other intervening third parties, pursuant to the applicable operational flow in each case.
In this context, ONE acts exclusively as a technological interface between the Entrepreneur and the Integrated Providers, limiting itself to integrating systems, channeling technical communications and operational instructions, and allowing the functional traceability of operations carried out through the Platform, without intervening as a payment processor, acquirer, financial entity, money transmitter, custodian of funds, administrator of third-party funds, or provider of digital asset custody services.
The Entrepreneur acknowledges and accepts that certain aspects of the operation, including the availability of Payment Methods, validations, authorization, approval or rejection of transactions, accreditation times, currency conversion, quotes, settlements, limits, rejections, blockages, reversals, restrictions, and other operational conditions, depend on the rules, capacities, policies, terms, and decisions of the Integrated Providers and/or other intervening third parties. ONE does not guarantee the availability, continuity, accuracy, permanence, or performance of the services provided by third parties, or of the blockchain networks used, and may incorporate, replace, modify, suspend, or discontinue their use when necessary or convenient for operational, technical, commercial, regulatory, security, compliance, or risk management reasons.
7.2 Authorization for Operational Management
For the provision of the Services, the Entrepreneur authorizes ONE to act as a technological link and operational coordinator of transactions before the Integrated Providers. This function is limited to facilitating the infrastructure for the communication and transmission of data necessary for the execution of the operational flow.
To this end, the Entrepreneur authorizes ONE to share with the Integrated Providers the information and documentation required for the provision of the services. Likewise, the Entrepreneur authorizes the Integrated Providers to, under their own responsibility and in accordance with their terms, process, validate, convert, and settle the operations channeled through the Platform. This authorization includes the conversion of fiat currency to digital assets (such as USDC) and its direct crediting to the designated Wallet Address, once the operational and compliance controls of said Providers and applicable Blockchain Networks are met.
7.3 Terms and Conditions of Integrated Providers
The Entrepreneur acknowledges and accepts that access to, activation, or use of certain Payment Methods, features, or Services may be subject to the acceptance and compliance with terms and conditions, privacy policies, electronic consents, acceptable use policies, onboarding requirements, declarations, authorizations, and/or delivery of information or documentation required by the Integrated Providers.
The Integrated Providers may approve, reject, observe, limit, suspend, block, retain, reverse, cancel, or condition operations, features, settlements, Payment Methods, countries, currencies, digital assets, or accounts in accordance with their own terms and conditions, internal policies, and applicable regulations. Acceptance of these Terms does not replace or limit the Entrepreneur's obligation to accept, comply with, and maintain in force the applicable terms and conditions, policies, consents, and requirements of the Integrated Providers when required for the use of certain Services.
7.4 Economic Ownership of Funds
The amounts derived from operations channeled through the Platform shall economically belong to the Entrepreneur from the effective confirmation of the payment by the intervening Integrated Provider, after deducting commissions, charges, reserves, adjustments, or other applicable concepts according to the corresponding operational flow.
Said economic ownership does not imply immediate availability, transfer, or settlement in favor of the Entrepreneur. Settlement shall remain subject to compliance with the applicable operational conditions, including deadlines, validations, controls, reserves, restrictions, and other conditions established by the intervening Integrated Provider, pursuant to its rules, policies, terms, and applicable regulations.
7.5 Charge Identification
The Entrepreneur acknowledges and accepts that, for operational, technical, commercial, regulatory reasons or reasons linked to ONE, the Integrated Providers, or other intervening third parties, the charge corresponding to a transaction carried out through the Platform may be identified in the User's summary, statement, account balance, or equivalent medium under the name of ONE, an Integrated Provider, or under any other commercial or operational descriptor enabled for the corresponding operation, and not necessarily under the Entrepreneur's name.
Said identification of the charge does not imply and may not be interpreted as meaning that ONE, the Integrated Provider, or the intervening third party are guarantors, sellers, providers, or part of the commercial relationship regarding the products and/or services acquired by the User, which corresponds exclusively to the Entrepreneur.
8. FEES AND SETTLEMENT
8.1 Service Fees
8.1.1 Fee Structure
Access to, use of, and channeling of transactions through the Platform shall be subject to the payment of fees, commissions, charges, processing costs, conversion, network, settlement, and other applicable concepts (hereinafter, the "Fees"). The Fees comprise, depending on the corresponding operational flow:
- a) The fee that ONE receives for the provision of ONE's Services, consisting of a percentage commission applied on the gross value of each transaction plus a fixed charge per transaction (the "ONE Fee"); and
- b) Charges, commissions, processing costs, currency conversion, network, settlement, adjustments, and other concepts applied by the Integrated Providers or intervening third parties in the operation, which are transferred to the Entrepreneur within the framework of the applicable operational flow (the "Operational Costs").
8.1.2 ONE Fee
The ONE Fee applicable as of the date of acceptance of these Terms amounts to three point ninety-nine percent (3.99%) on the gross value of each transaction, plus a fixed charge of USDC zero point ninety-nine (USDC 0.99) per transaction. The ONE Fee may be updated pursuant to the procedure provided for in Section 8.1.5.
8.1.3 Operational Costs
The Operational Costs are determined by the Integrated Providers and other intervening third parties in the operation, pursuant to their own terms, rules, and policies, and vary depending on the Payment Method used, the currency of the transaction, the jurisdiction of the User and/or the Entrepreneur, the intervening Integrated Provider, the applicable payment networks, market conditions, the blockchain networks involved, and other operational, technical, commercial, or regulatory variables applicable at any given time.
The Entrepreneur acknowledges and accepts that the Operational Costs shall not exceed, as a whole, three percent (3%) on the gross value of each transaction, without prejudice to the fixed charge per transaction provided for in Section 8.1.2 and applicable taxes pursuant to Section 8.1.6. Any modification to this maximum limit will be notified pursuant to the procedure provided for in Section 8.1.5.
8.1.4 Deduction of Fees
The Fees and Operational Costs will be automatically deducted by ONE and/or by the intervening Integrated Providers, as applicable, within the framework of the applicable operational flow, without requiring additional authorization from the Entrepreneur regarding each transaction.
The Entrepreneur acknowledges and accepts that the net settleable Funds are determined after applying the ONE Fee, Operational Costs, and other corresponding operational deductions, pursuant to Section 7.4 of these Terms. The Entrepreneur may consult, through the features available on the Platform, reasonable information regarding their operations, pursuant to the operational rules in force at any given time.
8.1.5 Modification of Fees
ONE may update, modify, incorporate, substitute, or discontinue any component of the Fees, including the ONE Fee, Operational Costs, their structures, calculation bases, frequencies, components, or application, by prior notice to the Entrepreneur at least seven (7) calendar days in advance.
The notification may be made through the communication channels enabled pursuant to these Terms, including the Platform dashboard and/or the email registered by the Entrepreneur. Continuity in the use of the Services after the modification enters into force shall imply acceptance of the new conditions, without prejudice to the Entrepreneur's rights to cease using the Services pursuant to Section 10.4.
Without prejudice to the foregoing, variations in Operational Costs that occur within the maximum limit provided for in Section 8.1.3 shall not require additional prior notice, and shall be understood to be included in the operational framework accepted by the Entrepreneur through these Terms.
8.1.6 Taxes and Fiscal Charges
The Fees and Operational Costs are expressed excluding taxes, rates, duties, withholdings, collections, or fiscal charges that may apply under the regulations in force in the jurisdiction of the Entrepreneur, the User, or where the transactions are generated, which shall be for the sole account and charge of the Entrepreneur or the User, as applicable.
When applicable regulations impose on ONE and/or the Integrated Providers the obligation to withhold, collect, gather, or pay taxes linked to transactions channeled through the Platform, such amounts may be deducted from the settleable amount or added to the transaction, pursuant to the applicable operational flow.
9. TREATMENT OF CHARGEBACKS AND DISPUTES
9.1 Chargeback Processing
Upon the initiation of a chargeback, dispute, unrecognized transaction, or claim linked to an operation by a User or any intervening third party, the immediate and automatic reversal of the corresponding payment will proceed, with economic imputation to the Entrepreneur, unless, pursuant to the terms, conditions, policies, procedures, or coverages of the intervening Integrated Providers, a different treatment applies.
ONE shall not be obliged to initiate, manage, or intervene in dispute or chargeback processes. Without prejudice to this, it may require from the Entrepreneur documentation, evidence, or explanations linked to a disputed transaction when requested by an Integrated Provider, payment network, acquirer, issuer, competent authority, or intervening third party.
9.2 Deductions
When the chargeback generates amounts to be borne by the Entrepreneur, such amounts may be deducted by the Integrated Provider from future Net Funds or from any other settleable amount corresponding to the Entrepreneur.
If there are no settleable amounts in favor of the Entrepreneur, if they are insufficient, or if the Entrepreneur ceases to operate through the Platform, the Entrepreneur must directly reimburse the owed amounts.
9.3 Role of ONE
ONE shall act solely as an information channel, notifying the Entrepreneur about the disputes reported by the Integrated Providers. The final decision on the admissibility of a Chargeback corresponds exclusively to the issuing entity, the acquirer, or the Integrated Provider, as applicable, without ONE having any influence on such resolution.
9.4 Entrepreneur's Responsibility for Chargebacks
The Entrepreneur acknowledges and accepts that they assume full responsibility for chargebacks, disputes, unrecognized transactions, or claims linked to their operations, including corresponding amounts, charges, commissions, penalties, deductions, compensations, or reimbursements pursuant to the applicable rules.
10. SUSPENSION, LIMITATION, AND TERMINATION
10.1 Power to Suspend, Limit, and Adopt Measures
ONE may, at any time and at its reasonable discretion, suspend or limit the Entrepreneur's access to the Platform and its Services. This includes disabling products, content, and features. Prior enablement of the account does not prevent ONE from adopting these measures if it detects subsequent risks.
10.2 Termination for Cause
ONE may immediately terminate the contractual relationship, without prior notice, upon the occurrence of the following events:
- a) Contractual breach: Violation of any of the obligations, prohibitions, or representations provided for in these Terms, as well as in the policies, guidelines, or complementary conditions of the Platform.
- b) Irregularities in information: Provision of false, inaccurate, incomplete, or misleading documentation.
- c) Fraud or improper use: Detection or reasonable suspicion of fraud, attempted fraud, illicit activities, improper use of the Platform, or conduct contrary to ONE's ethical, commercial, or security standards.
- d) Threat to operational integrity: Registration of recurring levels of chargebacks, disputes, or complaints from Users that, in ONE's judgment, exceed acceptable limits or jeopardize the reputation and stability of the Services.
- e) Risk management and compliance: Identification of legal, regulatory, technical, or operational risks that compromise the continuity of operations or ONE's relationship with its Integrated Providers and other strategic partners.
- f) Mandate of authority: Requirements, instructions, or orders from competent administrative, judicial, or regulatory authorities.
10.3 Decisions of Integrated Providers
The Integrated Providers may, pursuant to their own rules, risk policies, compliance, security, and fraud prevention, reject, suspend, block, limit, retain, or cancel operations, processing accounts, features, or services linked to the Entrepreneur.
In such cases, ONE may limit, suspend, disable, or discontinue, in whole or in part, the Entrepreneur's access to the affected Services, without this generating any liability, compensation, or indemnification of any kind to be borne by ONE.
10.4 Termination Without Cause
Either Party may terminate this Agreement without the need to state cause by written notice (via email or through the Platform). The termination shall take effect within thirty (30) calendar days from the notice.
10.5 Management of Settlements in the Event of Risks or Disputes
If the Entrepreneur's account is suspended, limited, or closed, the Integrated Providers may retain or discount net funds to cover risks, chargebacks, outstanding debts, or fines. This operational measure is applied to manage disputes, refunds, audits, or mandates of authorities.
10.6 Retention Period and Review Process
Net funds, settlements, or amounts subject to retention may be kept retained by the Integrated Providers for a period of up to one hundred and eighty (180) calendar days. The calculation of this period shall begin, as applicable, from the suspension of the account, the effective adoption of the technical measure, or the occurrence of the event that motivates the retention.
This period may be extended up to three hundred and sixty-five (365) days or for a longer period when the complexity of the case so requires. Reasons for extension include the existence of real or potential contingencies, such as chargebacks, disputes, fines, or claims, as well as the opening of audit processes, investigations, requirements of competent authorities, or operational demands of the Integrated Providers and other intervening third parties. Likewise, failure to promptly deliver the requested information or documentation to the Entrepreneur shall entitle the extension of the measure until compliance with what is required is verified.
During the retention period, the necessary verifications and reviews may be carried out, including the analysis of transactions, chargebacks, disputes, refunds, provided documentation, operational patterns of the Entrepreneur, and coordination with Users, authorities, or third parties where appropriate.
10.7 Final Settlement
Upon completion of the retention period and finalized the review process, the Integrated Provider shall determine the net settleable amount. This calculation will be made after discounting chargebacks, refunds, commissions, penalties, fines, costs, expenses, and any other concept whose application is appropriate pursuant to these Terms and Conditions, the applicable operation, the rules of the Integrated Provider, or requirements of a competent authority.
If a positive settleable amount exists, it will be transferred to the Wallet Address designated by the Entrepreneur, provided that there are no pending contingencies, third-party or competent authority requirements, or applicable restrictions. If the resulting amount is negative, the entrepreneur must pay or reimburse the owed sums within the period informed to them.
10.8 Interest
The Entrepreneur acknowledges and accepts that the amounts retained, immobilized, non-settled, or subject to review by the Integrated Providers shall not accrue interest, yields, adjustments, or compensations of any kind.
10.9 Notices and Communications
ONE may notify the Entrepreneur of any measure adopted under this Section by email sent to the main address registered in the Entrepreneur's account, through the Platform, or through any other channel enabled by ONE. Unless legally provided otherwise, such communications shall be deemed validly served and received on the date and time of their sending, regardless of their actual reading.
10.10 No Indemnification
To the maximum extent permitted by applicable regulations, the Entrepreneur acknowledges and accepts that the suspension, limitation, review, or termination measures adopted by ONE, as well as the operational coordination of retentions, compensations, adjustments, or non-settlements applied by Integrated Providers, shall not, in themselves, generate any right to indemnification, compensation, or claim against ONE, provided they are based on these Terms, ONE's internal policies, applicable regulations, requirements of Integrated Providers, or instructions of competent authorities.
10.11 Outstanding Obligations and Surviving Clauses
The suspension or termination of this Agreement, for any cause, shall not affect the validity or enforceability of outstanding obligations as of that date, including, among others, commissions, charges, chargebacks, refunds, returns, withholdings, compensations, settlements in progress, duties of collaboration, confidentiality obligations, intellectual property, limitations of liability, indemnification, regulatory compliance, and any other obligation that, by its nature or by express provision of these Terms and Conditions, must survive after termination.
In particular, the Entrepreneur's obligations shall remain in force until the full completion of all settlements, adjustments, reviews, investigations, and pending processes linked to their activity on the Platform.
11. OPERATIONAL CONTROLS, REVIEWS, AND COMPLIANCE
11.1 Operational Controls and Fraud Prevention
ONE may implement operational, technical, security, fraud prevention, Platform integrity, sanctions, acceptable use, and contractual compliance controls regarding the use of the Platform by the Entrepreneur, based on the information available to ONE, the documentation supplied by the Entrepreneur, and the operational reports or alerts that may be reported by Integrated Providers or intervening third parties.
Such controls may include automatic or manual reviews on account activity, products and/or services offered, commercial documentation, jurisdictions of operation, categories of activity, claims, reported chargebacks, usage patterns of the Platform, reported operational volumes, provider alerts, prohibited activities, or any other indicator relevant to ONE's risk management.
11.2 Duty to Inform and Collaborate
The Entrepreneur has the obligation to inform ONE of any relevant change in their business model, legal structure, jurisdiction of operation, or material variations in their sales volumes. In addition, the Entrepreneur commits to collaborate in good faith in any investigation or verification process carried out, providing the background information and explanations requested from them in a timely manner.
12. RISK DISCLOSURES AND DISCLAIMERS
12.1 Risks Linked to Digital Assets
The Entrepreneur acknowledges and accepts that certain operations channeled through the Platform may involve digital assets and/or blockchain technology, which present technological, operational, regulatory, cybersecurity, interoperability, validation, and operational risks of networks, protocols, wallets, or associated infrastructure.
Likewise, the Entrepreneur acknowledges that the value of digital assets can fluctuate, and that the timing of conversion, settlement, or transfer may impact the amounts ultimately received. The Integrated Providers do not guarantee the stability of value of any digital asset nor assume any obligation of coverage against price variations, volatility, or market conditions.
12.2 Specific Risks of Settlement in Digital Assets
Without prejudice to the operational conditions applicable under Sections 7 and 8, the Entrepreneur acknowledges and accepts that the settlement of Net Funds in digital assets presents the following specific risks, which they assume exclusively:
a) Irreversibility of transactions: Transactions confirmed on a Blockchain Network are, by their technical nature, irreversible. Neither ONE nor the Integrated Providers can reverse, recover, modify, cancel, or reissue a settlement once it has been transmitted to the network.
b) Wallet Address: Crediting is performed exclusively to the Wallet Address reported by the Entrepreneur. Errors in its reporting, its loss, the misplacement or compromise of its private keys, the inability to access it, its incompatibility with the applicable Blockchain Network, or its designation to an exchange, custodian, or other third-party address that does not allow disposition of the funds, are the exclusive responsibility of the Entrepreneur and do not generate any right to refund, restitution, reissuance, or compensation.
c) Blockchain Network: The processing, confirmation times, network fees, congestion, forks, suspensions, reorganizations, attacks, or other events inherent to the applicable Blockchain Network are beyond the control of ONE and the Integrated Providers.
d) Conversion: When settlement involves conversion from fiat currency to digital assets, the quotations, exchange rate differentials, and conversion times shall be determined by the Integrated Provider in accordance with its own policies and the market conditions prevailing at the time of conversion.
e) Post-settlement custody: Once digital assets have been credited to the Wallet Address, their custody, administration, security, preservation, and disposition are the exclusive responsibility of the Entrepreneur. Neither ONE nor the Integrated Providers intervene in the custody subsequent to settlement nor assume responsibility for their loss, theft, or improper use.
f) Nature of the Settlement Digital Asset: The Entrepreneur acknowledges that the digital assets used as Settlement Digital Asset, including stablecoins, are issued by third parties unaffiliated with ONE, and that their value, convertibility, redeemability, or operational continuity depend on such issuers and on the applicable technical, regulatory, or market conditions.
12.3 Clarifications of a Financial Nature
ONE is not a bank, financial entity, depository institution, investment service provider, money transmitter, custodian of funds, or custodian of digital assets. Likewise, ONE does not provide banking, financial, investment, exchange, deposit, custody, fund management, or financial brokerage services.
The operations or digital assets settled by Integrated Providers within the framework of the applicable operational flow do not constitute deposits, account balances, funds custodied, or assets managed by ONE. Nor are they protected by deposit insurance, bank guarantees, guarantee funds, or financial protection schemes, including the FDIC or other equivalent mechanisms.
ONE does not guarantee yield, profitability, value stability, capital preservation, immediate availability, convertibility, liquidity, or protection against price variations, market conditions, operational failures, regulatory restrictions, decisions of Integrated Providers, blockchain networks, or intervening third parties.
The Entrepreneur shall be solely responsible for their economic, commercial, financial, fiscal, and operational decisions, as well as for compliance with the legal, regulatory, tax, and contractual obligations applicable to their activity, their products and/or services, and the operations carried out through the Platform.
13. INTELLECTUAL PROPERTY
13.1 Intellectual Property of the Entrepreneur
The Entrepreneur retains all intellectual property rights, ownership, and other corresponding rights over their products and/or services, as well as over the content, materials, trademarks, commercial names, texts, images, videos, audios, designs, software, documents, databases, and other elements of their ownership that they upload, publish, make available, commercialize, or use through the Platform.
The Entrepreneur declares and warrants that they own the corresponding intellectual property rights over said elements, or that they have all the licenses, permits, authorizations, and consents necessary for their use, publication, commercialization, communication, and exploitation through the Platform, and that such elements, as well as their use by the Entrepreneur and by ONE under the terms provided herein, do not infringe or violate third-party rights, including copyrights, trademarks, patents, designs, trade secrets, image, privacy, publicity, personal data rights, or any other applicable right.
The Entrepreneur may not upload, use, offer, transmit, commercialize, or incorporate into their products and/or services third-party or pre-existing content, software, trademarks, images, videos, audios, databases, materials, technologies, or other elements for which they do not have sufficient rights for use and exploitation under the terms provided in these Terms and Conditions. The Entrepreneur shall be solely responsible for obtaining, maintaining, and, when requested by ONE, proving the necessary licenses, authorizations, or permits.
ONE does not acquire any ownership right over the products, services, content, or materials of the Entrepreneur. ONE may, at its sole discretion and without generating any right to compensation in favor of the Entrepreneur, remove, disable, restrict, suspend, or reject any content, product, service, or material regarding which there are reasonable indications of infringement, unauthorized use, lack of sufficient rights, conflict with third-party rights, or breach of these Terms and Conditions, ONE's policies, or applicable regulations.
13.2 Intellectual Property of ONE
All information, content, developments, features, software, source code and object code, algorithms, models, databases, designs, interfaces, structure, architecture, look and feel, trademarks, trade names, domain names, logos, distinctive signs, documentation, materials, know-how, and other elements that integrate the Platform or are linked to the Services provided by ONE are the exclusive property of ONE or have been validly licensed, assigned, or authorized in its favor, and are protected by applicable regulations on intellectual and industrial property and other applicable rights.
Access to and use of the Platform does not imply assignment, transfer, license, or concession of any kind in favor of the Entrepreneur regarding ONE's intellectual property rights, except for the limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to use the Platform solely under the terms and for the purposes expressly provided for in these Terms and Conditions.
Except with the prior, express, and written authorization of ONE, it is prohibited to copy, reproduce, distribute, publish, publicly communicate, adapt, modify, translate, sublicense, commercialize, exploit, reverse engineer, decompile, disassemble, attempt to obtain the source code, create derivative works, extract or reuse, in whole or in part, any element of the Platform or ONE's Services, as well as use trademarks, trade names, logos, designs, interfaces, or any other distinctive sign of ONE.
Likewise, the Entrepreneur shall refrain from using the Platform or any element associated with it in a manner that may affect, dilute, discredit, confuse, or prejudice the intellectual property rights, commercial reputation, or legitimate interests of ONE. Any unauthorized use of the Platform, the Services, or ONE's intellectual property rights shall constitute a material breach of these Terms and Conditions and shall enable ONE to adopt the corresponding legal and contractual measures, including suspension or cancellation of the account, removal of content, cessation of access to the Platform, and claims for damages.
14. OTHER PROVISIONS
14.1 Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Peru, without giving effect to conflict of laws principles or rules that could result in the application of the laws of another jurisdiction.
Any controversy, claim, or dispute arising out of or related to these Terms, the Platform, or the Services shall be definitively resolved by binding arbitration, with seat in the city of Lima, Republic of Peru, administered by the Arbitration Center of the Lima Chamber of Commerce, pursuant to its rules in force at the time the arbitration is initiated. Controversies must be processed individually and not as part of class, representative, consolidated, or similar actions, to the extent permitted by applicable regulations.
Without prejudice to the foregoing, ONE may request injunctive, precautionary, urgent, or protective measures before any competent court when necessary to protect its intellectual property rights, confidential information, assets, the Platform, the security of operations, or its legitimate interests.
Regarding any matter that cannot be validly submitted to arbitration, the Parties submit to the jurisdiction of the competent judges and courts of Lima, Republic of Peru, expressly waiving any other venue or jurisdiction that might correspond to them, to the extent permitted by applicable regulations. The provisions of this clause shall apply to the maximum extent permitted by applicable regulations and without prejudice to those mandatory rules that cannot be validly excluded, limited, or submitted to a different jurisdiction or resolution mechanism.
14.2 Assignment
The Entrepreneur may not assign, transfer, or delegate, in whole or in part, these Terms and Conditions or the rights or obligations derived from them without the prior written authorization of ONE.
The Entrepreneur acknowledges and accepts that ONE may assign, transfer, or delegate, in whole or in part, these Terms and Conditions, as well as the rights and obligations derived from them, without the need for the Entrepreneur's consent, to:
- Parent companies, subsidiaries, or companies under common control with ONE;
- Acquirers of its capital, business, or assets; or
- Successors by merger, spin-off, corporate reorganization, or other similar operation.
ONE may notify such assignment, transfer, or delegation through the Platform, by email, or through any other notification channel enabled in these Terms and Conditions, and the same shall take effect from the date ONE informs the Entrepreneur. Any attempt at assignment, transfer, or delegation by the Entrepreneur that does not comply with the provisions of this clause lacks validity and shall produce no effect whatsoever against ONE.
14.3 Severability
If any provision of these Terms and Conditions is declared invalid, illegal, void, or unenforceable, in whole or in part, by a competent authority, such provision shall be deemed unwritten or shall be applied to the minimum extent necessary to preserve its validity, without affecting the validity, legality, and enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by applicable regulations.
14.4 No Waiver
The failure to exercise, or the delayed or partial exercise by ONE of any right, power, action, or remedy provided for in these Terms and Conditions or under applicable regulations shall not constitute a waiver of such right, power, action, or remedy, nor shall it prevent its subsequent exercise. Any waiver by ONE shall only be valid if it is expressly in writing.
14.5 Contact and Notices
Inquiries, requests, claims, or operational communications linked to the use of the Platform or the Services must be channeled through the contact, support, or customer service channels informed by ONE on the Platform or communicated in a timely manner. For such purposes, the general support channel shall be info@one.lat, unless ONE informs of another specific channel.
Legal, formal communications or those linked to termination, disputes, breaches, information requests, regulatory compliance, competent authorities, or any other legal or compliance matter must be directed to compliance@one.lat, unless ONE informs of another specific channel for such purposes.
ONE may send notifications, notices, requirements, operational communications, or legal communications to the Entrepreneur through the email registered in their account, through the Platform, the user panel, messages within the account, or any other enabled communication channel. The Entrepreneur acknowledges and accepts that it is their responsibility to keep their contact details updated and regularly check the channels enabled by ONE.
The Entrepreneur expressly accepts that communications, notifications, notices, requirements, acceptances, consents, modifications, confirmations, and other acts linked to these Terms, the Platform, or the Services may be carried out by electronic means. Such electronic communications shall have full validity and legal effects, and shall be considered made in writing to the extent permitted by applicable regulations.
ONE may modify, update, or replace any of the contact channels at any time, informing thereof through the Platform, by email, or by any other enabled means of communication. Communications sent by ONE shall be considered validly served and received from the date of their sending or making available, even if the Entrepreneur has not actually read them.
14.6 Governing Language
These Terms have been originally drafted in the Spanish language. In the event that translations into other languages are made and any discrepancy, conflict of interpretation, or ambiguity arises between the Spanish version and any translated version, the Spanish language version shall prevail for all legal and contractual purposes.