Terms and conditions

This document establishes the terms and conditions governing access to and use of the FIGOPAY Platform, available through the website figopay.eu, mobile applications, official communication channels, digital cards, digital passes, virtual assistants, and associated digital services.

By accessing, registering, activating an account, purchasing a product, activating a membership, using a digital pass, or using any functionality available through the Platform, the User confirms that they have read, understood, and accept these Terms and Conditions.

If you do not agree with these Terms and Conditions, please do not use the Platform.

1. Information about the Operator

The FIGOPAY Platform is operated by FIGO.PAY S.R.L.

• Trade Registry number: J2025067653000
• EUID: ROONRC.J2025067653000
• Tax ID (CUI): RO52459961
• Registered office: Strada Academiei nr. 29, Sector 1, București, România, 030167
• Website: figopay.eu
• E-mail: contact@figopay.eu

Throughout this document, FIGO.PAY S.R.L. shall be referred to as “FIGOPAY”, “the Operator”, or “we”.

2. Definitions

For the purposes of this document, the terms below have the following meanings:

• Platform means the FIGOPAY digital ecosystem available through the website, mobile applications, digital cards, digital passes, communication channels, APIs, virtual assistants, and other associated services.
• User means exclusively the natural person who accesses, uses, or benefits from the services available through the Platform.
• Consumer means the User acting for purposes outside their trade, business, craft, or profession.
• Partner means any organization, association, foundation, union, company, institution, merchant, provider, issuer, integrator, distributor, aggregator, or service provider that collaborates with FIGOPAY.
• Account means the profile created, activated, or pre-registered for the User in the Platform.
• Digital Pass means any digital card, digital ID, badge, accreditation, membership, subscription, access card, or other digital document issued or administered through the Platform.
• Membership means the relationship of belonging to, participating in, or supporting an organization, community, social cause, initiative, program, or service available through the Platform.
• Membership Fee means the amount paid by the User for the activation, maintenance of, or participation in a membership program.
• Support Contribution means the amount paid by the User to support a social cause, community, organization, or initiative available through the Platform.
• Gift Card means a voucher, gift card, digital code, commercial credit, promotional value, or other digital benefit available through the Platform.
• Benefit means any advantage, discount, facility, service, access, contractual right, or product available through the Platform.
• Digital Product means any product delivered by electronic means, including digital cards, codes, vouchers, gift cards, passes, memberships, subscriptions, digital benefits, or other similar items.
• Payment Processor means a payment institution, bank, card processor, technical integrator, payment acceptance service provider, or other provider involved in authorizing, verifying, processing, or confirming payments.
• Transaction means any payment, authorization, remittance, refund, cancellation, dispute, or other operation related to purchases, membership fees, subscriptions, memberships, or benefits available through the Platform.
• Chargeback or Payment Refusal means the procedure through which a payment is disputed through the issuing bank, the card scheme, the Payment Processor, or another institution involved.
• Virtual Assistant means a software system based on automation or artificial intelligence that enables interaction with Users through text, voice, or other electronic means.
• Chatbot means the software component that enables automated written communication between the User and the Platform.
• Voicebot means the software component that enables automated voice communication between the User and the Platform.

3. Scope of Application and Acceptance of the Terms

These Terms and Conditions apply to the use of the Platform by Users who are natural persons.

Organizations, companies, associations, foundations, unions, institutions, merchants, and other legal entities do not acquire the status of User within the meaning of this document. Such entities may use FIGOPAY's services as Partners, under separate contractual agreements.

Acceptance of these Terms may occur through account creation, checking an acceptance box, continued use of the Platform, placing an order, activating a digital pass, paying a Membership Fee, activating a membership, or through any other action indicating the User's agreement.

4. Consumer Status

The User has the status of Consumer only when acting for purposes outside their trade, business, craft, or profession.

Users who are natural persons using the Platform for professional, commercial purposes, or in connection with an economic activity do not benefit from the rights reserved for Consumers, to the extent permitted by law.

This section does not limit the mandatory rights provided by law for Consumers.

5. Object of the Platform

FIGOPAY is a technology platform for memberships, benefits, digital cards, and digital community management.

The Platform facilitates Users' access to membership programs, benefits, digital cards, subscriptions, gift cards, events, services, digital products, and other facilities provided by FIGOPAY or its Partners.

The Platform may offer, without limitation:

• memberships and support programs;
• digital cards, member cards, supporter cards, and access cards;
• digital badges, digital IDs, and accreditations;
• gift cards, vouchers, digital codes, and commercial benefits;
• subscriptions and benefit programs;
• access and validation services;
• administration of members and beneficiaries;
• collection of Membership Fees and Support Contributions;
• electronic notifications and communications;
• issuance of passes compatible with Apple Wallet and Google Wallet;
• loyalty programs and community management;
• management of access to events, activities, and benefits;
• official company channels available through WhatsApp and other communication platforms;
• virtual assistants, chatbots, and voicebots;
• automation and digital communication services;
• digital services aimed at accessibility and inclusion.

6. Status of the Platform

FIGOPAY is a technology and administrative platform.

FIGO.PAY S.R.L.:

• is not a credit institution;
• is not a bank;
• is not an electronic money issuing institution;
• does not manage bank deposits;
• does not provide investment services;
• does not guarantee that Users will obtain financial benefits;
• does not directly carry out regulated activities requiring special authorization, except where it obtains the necessary authorizations under the law.

The issuance or administration, through the Platform, of a digital pass, membership, badge, subscription, voucher, gift card, commercial credit, benefit, or other similar instrument does not constitute:

• a financial instrument;
• a banking product;
• a deposit;
• currency;
• electronic money;
• an investment instrument;
• a participation title;
• a security.

7. FIGOPAY's Role and the Identity of the Provider

Depending on the nature of the product or service available through the Platform, the contractual relationship may be established between the User and FIGOPAY, between the User and a Partner, between the User and the merchant issuing the product, between the User and the provider or integrator of the product, or between the User and the organization administering the membership program.

The identity of the provider, issuer, merchant, integrator, or Partner responsible for the purchased product or service will be communicated, where applicable, before completion of the purchase or within the specific terms of the product.

For certain products and services, FIGOPAY may act as a direct provider, distributor, reseller, technology intermediary, access facilitator, technical administrator of the program, or provider of the digital infrastructure.

In the case of products provided, issued, or administered by third parties, FIGOPAY does not automatically become the issuer or actual provider of that product.

8. Eligibility

The Platform is intended for natural persons.

The Platform may be used by:

• adult natural persons;
• minor natural persons through a legal representative, when the nature of the service allows this and the law does not provide otherwise.

FIGOPAY may restrict access to certain products, benefits, memberships, subscriptions, events, or functionalities based on age, location, eligibility, membership in an organization, membership status, Partner rules, or legal requirements.

9. Creating and Activating the Account

The use of certain services requires the creation or activation of an Account.

Registration may be carried out through:

• phone number;
• e-mail address;
• an invitation sent by a Partner;
• authentication through third-party services;
• access code;
• activation link;
• other methods available in the Platform.

The User declares that the information provided is true, complete, and up to date.

FIGOPAY may request reconfirmation of data, updating of information, or additional verifications when this is necessary for security, fraud prevention, compliance, or the proper functioning of the Platform.

10. Accounts Created or Pre-Registered by Partner Organizations

Certain Accounts may be created, imported, or pre-registered by partner organizations for their members, beneficiaries, employees, collaborators, supporters, or participants.

In such situations, certain data necessary for administering the program may be transmitted to FIGOPAY by the partner organization.

The partner organization is responsible for the legality of collecting and transmitting data to FIGOPAY, as well as for informing the data subjects, to the extent the law imposes this obligation on it.

Activation of the Account by the User constitutes confirmation of acceptance of these Terms and Conditions.

11. Account Security and Access Data

The User is responsible for maintaining the confidentiality of access data and for all activities carried out through their Account.

The User undertakes not to disclose to other persons passwords, authentication codes, OTP codes, private links, access codes, identification data, or other security elements.

The User must inform FIGOPAY without delay if they suspect unauthorized access to their Account, unauthorized use of a code, voucher, pass, benefit, or any other security incident.

12. Memberships and Support Programs

The Platform allows for the administration and management of membership programs and the support of social causes.

Through the Platform, Users may:

• become members of an organization;
• activate a membership;
• pay Membership Fees;
• pay Support Contributions;
• participate in community programs;
• support social causes;
• benefit from advantages granted to members;
• participate in events, activities, and programs available through the Platform.

The conditions of each program are established by the organization or Partner administering it.

FIGOPAY does not establish or control the destination of funds collected by partner organizations, except where FIGOPAY is the direct provider of that program.

Activation of a membership may be subject to specific rules regarding validity, renewal, included benefits, termination, transferability, and refunds.

13. Membership Fees and Support Contributions

The Platform may allow the payment of Membership Fees, Support Contributions, membership dues, or other amounts related to the programs available through the Platform.

These amounts may be owed to a partner organization, a provider, a merchant, an issuer, an integrator, or FIGOPAY, depending on the nature of the program.

The User will be informed, before payment, of the amount due, the commercial or organizational beneficiary of the payment, the frequency, if applicable, and the relevant conditions.

14. Benefits Provided by Partners

Certain benefits, products, services, discounts, facilities, or advantages available through the Platform are provided by independent Partners.

FIGOPAY does not guarantee:

• the permanent availability of benefits;
• the continuity of offers;
• the maintenance of the same commercial terms;
• the geographic availability of services;
• acceptance of the benefit by all of a merchant's locations;
• the availability of a particular stock, code, voucher, product, or service.

The provider of the benefit is responsible for supplying and performing that service, except where FIGOPAY is the direct provider.

15. Providers, Merchants, Issuers, Integrators, and Aggregators

The products and services available through the Platform may be provided directly by FIGOPAY, provided by contractual Partners, issued by independent merchants, issued by specialized providers, distributed through authorized integrators, aggregators, or distributors, or administered through partner platforms.

The User understands and accepts that certain products are additionally governed by the terms and conditions of the respective issuer, merchant, integrator, or provider.

FIGOPAY is not responsible for changes made by third parties to the terms of use, availability, value, validity, restrictions, or methods of use of the products, except where the law provides otherwise.

16. Product Supply and Distribution Models

Depending on the nature of the product or service, FIGOPAY may act as a direct provider, distributor, reseller, technology intermediary, access facilitator, or technical administrator of a program.

For certain products, the main rights and obligations arise directly between the User and the issuer, merchant, provider, or organization administering that product or program.

For other products, FIGOPAY may purchase products or services from merchants, providers, integrators, or aggregators and make them available to Users under the terms displayed in the Platform.

The nature of the relationship applicable to each product may be indicated on the product page, in the specific terms, or in the communications sent to the User.

17. Terms of Providers, Issuers, and Integrators

The use of gift cards, vouchers, digital codes, subscriptions, benefits, or other products provided by third parties may be subject to additional terms and conditions established by the issuer, merchant, provider, integrator, or Partner.

By purchasing, activating, or using such a product, the User also accepts the specific terms of the respective issuer or provider.

In the event of a conflict between these Terms and Conditions and the product's specific terms, the product's specific terms shall apply with respect to the use, validity, activation, redemption, limitations, and restrictions of that product, to the extent permitted by law and without limiting the mandatory rights of Consumers.

18. Validity, Territory, and Restrictions on Use

Products, benefits, gift cards, vouchers, and digital codes may only be valid in certain countries, locations, stores, online platforms, applications, commercial networks, periods, or conditions established by the issuer.

The User is responsible for checking the specific terms of the product before purchase or use.

FIGOPAY does not guarantee acceptance of a product by all locations, all stores, or all commercial channels of an issuer, unless expressly indicated otherwise.

19. Passes and Digital Cards

The Platform may issue or administer member cards, supporter cards, access cards, digital IDs, accreditations, digital subscriptions, digital badges, passes compatible with Apple Wallet, passes compatible with Google Wallet, and other forms of digital identification, access, or validation.

Passes serve to identify, provide access, validate, administer benefits, or confirm participation in a program.

Passes do not constitute financial instruments, banking products, regulated payment instruments, or investment instruments.

The User is responsible for keeping passes, codes, access links, and the devices on which they are installed safe.

FIGOPAY may deactivate, suspend, reissue, or modify a digital pass in the event of an error, expiration, suspicion of fraud, termination of the membership, a Partner's request, or a legal requirement.

20. Gift Cards, Vouchers, Codes, and Commercial Credits

The Platform may make available gift cards, vouchers, digital codes, commercial benefits, discounts, commercial credits, advantages offered by Partners, and promotional values.

The terms of use, validity, limitations, area of acceptance, possibility of partial use, restrictions, and rules applicable to each product are established by the respective issuer, merchant, integrator, or provider.

The commercial credits, benefits, gift cards, vouchers, codes, and promotional values available in the Platform:

• do not constitute currency;
• do not constitute electronic money;
• do not constitute bank deposits;
• do not generate interest;
• do not constitute investment instruments;
• do not confer rights over FIGO.PAY S.R.L.;
• are not convertible into cash, except in cases expressly permitted by law or by the issuer's terms.

21. Digital Products and Protection of Codes

For digital products delivered in the form of a code, voucher, link, QR code, digital pass, or other electronic item, the product is deemed delivered at the moment it is displayed in the Account, or sent via e-mail, SMS, WhatsApp, the application, Apple Wallet, Google Wallet, or another indicated electronic channel.

After delivery of the code or voucher, the User is responsible for keeping it confidential.

FIGOPAY is not liable for the unauthorized use of a code, voucher, or benefit where the User has transmitted it to another person, published it, lost it, or failed to protect access to their Account or device.

To the extent permitted by law, the risk of unauthorized use, loss, disclosure, or copying of a code, voucher, gift card, access link, or digital pass passes to the User after delivery of the product, if the incident is caused by the act, negligence, or omission of the User.

22. User Errors and Order Verification

The User is responsible for the accuracy of the information entered when placing an order, including the e-mail address, phone number, account, selected product, value, recipient, or other data necessary for the delivery or activation of the product.

FIGOPAY is not liable for the delivery or activation of a product based on incorrect data provided by the User.

Before completing a purchase, the User is obliged to verify the selected product, value, price, validity period, terms of use, delivery details, and any applicable restrictions.

By confirming the order, the User declares that the information displayed has been verified and accepted.

23. Subscriptions

Certain services and benefits are available on a subscription basis.

Subscriptions may have monthly, quarterly, semi-annual, annual, or other validity periods communicated before activation.

The commercial terms, validity period, included benefits, price, renewal method, and termination conditions are communicated before activation of the subscription.

If a subscription includes benefits provided by Partners, their availability may depend on the terms of the respective Partners.

24. Recurring Payments for Memberships and Subscriptions

Certain memberships, subscriptions, or services may involve recurring payments.

A recurring payment is activated only with the express consent of the User, expressed through the means made available in the Platform.

The User will be informed, before activation of the recurring payment, of the amount or the method of calculating it, the payment frequency, the product, membership, or subscription concerned, the method of terminating or deactivating the recurring payment, and other relevant conditions.

The User may cancel the recurring payment in accordance with the instructions available in the Account, in the communications received, or by contacting FIGOPAY.

Cancellation of a recurring payment does not affect obligations already due, nor services already rendered, activated, or delivered.

25. Facilitating Purchases, Membership Fees, and Support Contributions

The Platform may facilitate the purchase of products and services, payment of Membership Fees, payment of Support Contributions, activation of subscriptions, activation of memberships, access to benefits, participation in membership programs, and support for social causes available through the Platform.

The availability of certain functionalities may depend on services and infrastructure provided by third parties, including Payment Processors, banks, card schemes, technical integrators, IT providers, or communications providers.

26. Payment Processing Through Specialized Providers

Payments made through the Platform may be processed through Payment Processors, payment institutions, banks, card processors, technical integrators, card schemes, or other independent providers.

FIGO.PAY S.R.L. provides digital functionalities that facilitate payment for products, subscriptions, Membership Fees, memberships, Support Contributions, and other services available through the Platform.

The authorization, authentication, confirmation, rejection, delay, or cancellation of a payment may depend on the Payment Processor, the issuing bank, the acquiring bank, the card schemes, the technical providers, the applicable security rules, anti-fraud checks, and legal or compliance requirements.

FIGOPAY does not guarantee the approval of a payment. If a payment is rejected, delayed, or cancelled, the User may try another available method or contact the issuing bank or the provider of the payment method.

27. Payment Processors Are Not a Party to the Contract with the User

The Payment Processors, banks, card schemes, and technical providers involved in processing payments are not a party to the contract between the User and FIGOPAY, the Partner, the merchant, the issuer, or the provider of the product.

They are not responsible for the delivery of products, activation of benefits, quality of services, cancellation of orders, refunds, warranties, commercial support, or the performance of obligations assumed towards the User, except for obligations that fall directly upon them under the law.

28. Payment Authentication and Transaction Security

Certain payments may require additional verification, including 3D Secure authentication, OTP codes, confirmations within the bank's application, biometric authentication, or other security mechanisms.

The User is responsible for the lawful and authorized use of the payment method.

The User undertakes not to use cards or payment methods that do not belong to them, payment data obtained without authorization, false accounts or identities, payment instruments associated with fraudulent activities, or payment methods for the purpose of circumventing the law, the Platform's rules, or the Payment Processors' rules.

FIGOPAY, the Payment Processors, the banks, or other providers involved may refuse, block, suspend, delay, or cancel a transaction if there are suspicions regarding fraud, abusive use, unauthorized payment, security risk, breach of legislation, breach of international sanctions, or other compliance risks.

29. Completion of Orders

An order, purchase, or activation of a membership, subscription, digital pass, gift card, voucher, or benefit is considered complete only after confirmation of payment, confirmation of the availability of the product or service, where applicable, internal validation of the order, and completion of the necessary checks, where applicable.

Confirmation of the initiation of a payment does not, in itself, constitute final confirmation of the order.

FIGOPAY may delay, suspend, or cancel the delivery of a digital product or the activation of a benefit when the payment is not confirmed, the payment is rejected, the transaction is under review, there are suspicions of fraud, the product is no longer available, the issuer or provider refuses confirmation, there is a technical error, or there is a legal requirement or a justified request from a Payment Processor, Partner, or competent authority.

30. Delivery of Digital Products

Digital products, passes, gift cards, vouchers, codes, benefits, memberships, and subscriptions may be delivered through the User's Account, e-mail, SMS, WhatsApp, the FIGOPAY application, Apple Wallet, Google Wallet, push notifications, or other available electronic channels.

The User is responsible for the accuracy of the data provided for delivery.

FIGOPAY is not liable for delays or impossibility of delivery caused by incorrect data provided by the User, lack of access to e-mail, phone, WhatsApp, or the application, restrictions imposed by telecom operators, anti-spam filters, unavailability of services provided by third parties, errors of the User's device, disabled notifications, or technical issues beyond FIGOPAY's control.

FIGOPAY may keep technical records regarding the placement of the order, confirmation of payment, delivery of the product, activation of the benefit, use of the pass, and communications sent to the User.

31. Prices, Discounts, and Availability

Prices, discounts, benefits, and product availability may vary depending on the issuer, provider, Partner, integrator, campaign, stock, location, period, commercial conditions, and the User's eligibility.

FIGOPAY makes reasonable efforts to correctly display information regarding products, services, prices, benefits, restrictions, and terms of use.

In the case of products or benefits provided by Partners, merchants, issuers, or integrators, they are responsible for the accuracy, updating, and legality of the information transmitted to FIGOPAY.

In the event of an obvious error regarding the price, availability, description, validity, or characteristics of a product, FIGOPAY may cancel the order and will inform the User of the available options.

FIGOPAY does not charge the User a separate additional fee solely for using a card as a payment method, except in cases permitted by law and clearly displayed, if such cases exist.

32. Invoicing and Fiscal Documents

Fiscal documents may be issued for products and services purchased through the Platform in accordance with applicable legislation.

Depending on the nature of the product or service, fiscal documents may be issued by FIGOPAY, the Partner, the merchant, the issuer, the integrator, or the provider of the product.

The User is responsible for providing the correct data necessary for issuing fiscal documents, where such data is requested or required.

Where prices are displayed with or without VAT, this will be indicated in the Platform, where applicable.

33. Explicit Acceptances When Completing the Order

Before completing an order, the Platform may require the User to provide separate confirmations regarding acceptance of these Terms and Conditions, acceptance of the Privacy Policy, acceptance of the Refund and Cancellation Policy, acceptance of the issuer's or provider's terms, activation of the immediate supply of the digital product, the loss of the right of withdrawal where the law allows this, and activation of a recurring payment, if applicable.

The absence of a required confirmation may prevent the completion of the order or the activation of the service.

34. Refunds, Cancellations, and the Right of Withdrawal

For Users who have the status of Consumers, the rights provided by consumer protection legislation apply.

In the absence of an applicable legal exception, the Consumer may benefit from the right of withdrawal under the conditions and within the time limits provided by law.

The right of withdrawal may be limited or may not apply, to the extent permitted by law, for:

• services already fully performed with the User's consent;
• digital content supplied on an intangible medium, after supply has begun with the User's consent and confirmation of the loss of the right of withdrawal, if required by law;
• passes already issued and activated;
• activated memberships;
• activated subscriptions;
• digital products delivered, viewed, activated, or used;
• delivered gift cards, vouchers, or digital codes;
• customized services;
• products made according to the User's specifications;
• products or services for which the issuer or provider applies specific rules permitted by law.

Refunds, when approved, are generally made through the same payment method used for the purchase, unless the law, the Payment Processor, or the specific terms permit or require a different method.

The actual time for receiving refunded amounts may depend on the Payment Processor, the User's bank, the card schemes, or other providers involved.

35. Conformity of Digital Products and Services

Where a Digital Product, digital service, pass, code, voucher, gift card, membership, or digital benefit is not supplied, cannot be accessed, or exhibits a confirmed non-conformity, the User may request that the situation be remedied, under the conditions of applicable legislation.

Depending on the nature of the product and the cause of the non-conformity, FIGOPAY may, as applicable, reissue the product, reactivate the benefit, provide instructions for use, request the intervention of the issuer or provider, offer an equivalent product, or refund the amount paid, under the conditions of the law and the applicable terms.

In the case of products provided by third parties, resolution may depend on the technical and commercial confirmations received from the issuer, merchant, integrator, distributor, or Partner.

36. Activated, Claimed, or Used Products

Digital products, gift cards, vouchers, codes, benefits, or passes that have been delivered, activated, viewed, claimed, used in whole or in part, or transmitted to the User may not be eligible for cancellation or refund, except in cases expressly provided by law or by the issuer's terms.

In the case of products provided by third parties, a refund may be conditioned on confirmation from the issuer, provider, integrator, or Partner that the product has not been used, activated, or claimed.

If the issuer or provider confirms that the product has been used or does not permit cancellation, FIGOPAY may refuse the refund, to the extent permitted by law.

37. Complaints Regarding Invalid Codes, Undelivered Products, or Activation Errors

If the User considers that a digital product, code, voucher, gift card, pass, or benefit is not working, the User must notify FIGOPAY within a reasonable time, providing details about the order, the product, the error encountered, and relevant screenshots or documents.

FIGOPAY may verify the situation internally or together with the relevant issuer, provider, integrator, Payment Processor, or Partner.

The resolution of a complaint may depend on the technical and commercial confirmations received from the issuer or provider of the product.

If an error not attributable to the User is confirmed, FIGOPAY may, as applicable, reissue the product, offer an equivalent product, activate the benefit, or refund the amount paid, in accordance with the law and applicable terms.

38. Chargebacks, Bank Disputes, and Payment Refusals

If the User initiates a chargeback, a bank dispute, a payment challenge, or a payment refusal, FIGOPAY may suspend, until the situation is clarified, the delivery of the product, the activation of the benefit, access to the membership, use of the digital card, use of the voucher, use of the gift card, access to the Account, or access to certain functionalities of the Platform.

The User undertakes not to initiate unjustified disputes for products, services, memberships, passes, gift cards, vouchers, or benefits delivered or activated in accordance with the order.

In the event of a payment dispute, FIGOPAY may transmit to the Payment Processor, the bank, the card scheme, or the institution involved the information necessary to resolve the dispute, including proof of the order, proof of payment, proof of delivery, proof of activation, proof of use of the product, communication history, technical logs, Account data, and other relevant information, within the limits of applicable legislation.

If a transaction is cancelled, disputed, or rejected after delivery of the product, FIGOPAY may deactivate the corresponding product, pass, benefit, membership, or code, to the extent this is possible and permitted by law.

39. Suspicious Transactions, Verifications, and Compliance

FIGOPAY, the Payment Processors, the banks, technical partners, or other providers involved may refuse, block, suspend, delay, or cancel a Transaction when there are suspicions regarding:

• fraud;
• abusive use;
• unauthorized payment;
• use of a false identity;
• use of incorrect data;
• breach of these Terms and Conditions;
• breach of a Partner's rules;
• security risk;
• money laundering risk;
• terrorist financing risk;
• breach of international sanctions;
• breach of card scheme rules;
• breach of applicable legislation.

FIGOPAY may request additional information to verify identity, eligibility, the right to use the payment method, or the legitimacy of the Transaction.

Refusal to provide the requested information, provision of false information, or the impossibility of completing the verifications may lead to refusal of the order, suspension of the Account, cancellation of the Transaction, restriction of access to the Platform, deactivation of benefits, or referral to Partners, Payment Processors, or competent authorities, if applicable.

40. Restricted Products, Services, and Activities

FIGOPAY may refuse to publish, distribute, sell, promote, or process payments for products, services, benefits, programs, or activities that are illegal, restricted, high-risk, contrary to the Payment Processors' policies, contrary to the Partners' rules, contrary to FIGOPAY's legitimate interests, or likely to affect the security, reputation, or compliance of the Platform.

FIGOPAY may refuse or remove, without limitation, products or services associated with:

• gambling, betting, or lotteries, if not expressly permitted;
• prohibited products or substances;
• prescription medicines, if the applicable legal framework is not in place;
• counterfeit products;
• illegal content;
• unauthorized financial services;
• fraudulent activities;
• infringement of intellectual property rights;
• activities that violate international sanctions;
• other activities prohibited by law or by the policies of the providers involved.

FIGOPAY may amend the list of restricted products and services depending on legislation, the Payment Processors' policies, the Partners' requirements, or internal risk assessment.

41. Events and Access

The Platform may allow registration for events, issuance of accreditations, access validation, administration of participants, and distribution of benefits associated with events.

The event organizer is responsible for the organization, conduct, modification, postponement, or cancellation of the event.

FIGOPAY provides the technology infrastructure necessary for administering access and participation, except where FIGOPAY is the direct organizer of the event.

The rules for participation, access, cancellation, refund, or transfer may be established by the event organizer.

42. Appointments and Reservations

The Platform may facilitate the making of appointments, reservations, and service requests to Partners.

FIGOPAY does not guarantee the availability of reserved services and is not liable for the cancellation of appointments, their modification, delays, the Partner's failure to show up, non-performance of obligations by providers, or the quality of services provided by Partners.

Responsibility for the performance of the service lies with its provider, except where FIGOPAY is the direct provider.

43. Apple Wallet and Google Wallet

The Platform may provide passes compatible with Apple Wallet and Google Wallet.

The availability of these services depends on the User's device, operating system, Apple or Google account, Apple's and Google's policies, internet connectivity, and the availability of services provided by third parties.

FIGOPAY cannot guarantee the uninterrupted operation of Apple Wallet, Google Wallet, or other services provided by third parties.

Apple and Google are not responsible for the products, memberships, benefits, gift cards, or services provided through FIGOPAY, except as expressly provided by their own terms.

44. Electronic Communications

The User agrees to receive communications via e-mail, SMS, WhatsApp, push notifications, the User Account, the FIGOPAY application, Apple Wallet, Google Wallet, chatbots, voicebots, virtual assistants, and other available electronic channels.

Communications may be contractual, operational, administrative, transactional, informational, security-related, compliance-related, or support-related in nature.

Communications necessary for the performance of the contract, Account security, confirmation of orders, delivery of digital products, and notifications regarding memberships, subscriptions, payments, passes, or benefits may be sent without separate consent, to the extent they are necessary for the provision of the service.

Commercial, promotional, or marketing communications will be sent only under the conditions provided by law and, where necessary, based on the User's express consent.

The User may unsubscribe from commercial communications, without this affecting the operational or contractual communications necessary for the functioning of the Platform.

The User is responsible for updating their contact details and for periodically checking the communications received.

45. Official WhatsApp Channels and Other Messaging Platforms

FIGOPAY may make available to Users official company channels via WhatsApp or other messaging platforms.

By using these channels, the User understands that messages may also be processed through the infrastructure of the provider of the respective messaging platform.

The User must not send via WhatsApp or other messaging platforms passwords, OTP codes, complete card details, unsolicited sensitive documents, confidential information not necessary for resolving the request, or data of other persons without legal right.

FIGOPAY may use these channels for support, notifications, confirmations, information, access to benefits, or interactions with virtual assistants.

46. Virtual Assistants, Chatbot, and Voicebot

FIGOPAY may make available to Users one or more virtual assistants, including the virtual assistant “figo”.

These may be available through the website figopay.eu, the FIGOPAY application, WhatsApp, the Platform's official channels, voice interface, or other digital media.

Virtual assistants may provide information about the Platform, memberships, subscriptions, benefits, notifications, reminders, operational support, guidance for activating digital cards, guidance for using passes, information about appointments, events, or available services.

The User is informed that certain interactions may take place through automated systems, chatbots, voicebots, or artificial intelligence-based systems. When the User interacts with such a system, they are not necessarily communicating with a human operator.

Responses automatically generated by chatbots, voicebots, and virtual assistants are for informational purposes only and do not constitute legal, tax, financial, medical, or professional advice.

The User must not rely exclusively on automatically generated responses to make important decisions without additional verification.

FIGOPAY may record, analyze, and process interactions with virtual assistants for the provision of the service, security, fraud prevention, quality improvement, and compliance, under the conditions of the Privacy Policy.

47. The Platform Is Not an Emergency Service

The Platform, the virtual assistants, the chatbots, the voicebots, and FIGOPAY's communication channels are not intended for emergency situations.

In the event of medical, security, legal, financial, or other emergencies, the User must directly contact the competent authorities, emergency services, relevant institutions, or authorized specialists.

48. Beta, Pilot, or Experimental Functionalities

Certain functionalities of the Platform may be offered in beta, pilot, experimental, or testing versions.

These functionalities may be modified, limited, suspended, or withdrawn at any time and may have errors, limitations, or periods of unavailability.

The use of these functionalities is made in the form available at the time of access, without any guarantee of permanent availability or error-free operation.

49. Accessibility and Digital Inclusion

FIGOPAY aims to develop digital services accessible to all Users, including persons with disabilities and other vulnerable categories.

The Platform may include chatbot, voicebot, voice interaction, audio notifications, accessibility tools, functionalities intended for digital inclusion, easy-to-use digital cards, and simplified communication options.

The availability of certain functionalities may vary depending on the device, operating system, application version, services provided by third parties, and the User's settings.

Information regarding the level of accessibility pursued, known limitations, feedback methods, and alternative support channels may be provided in an Accessibility Statement published on the Platform.

50. Reviews, Recommendations, Rankings, and Promoted Benefits

Where the Platform displays reviews, ratings, recommendations, rankings, promoted benefits, or featured products, FIGOPAY may use criteria such as availability, popularity, relevance, the User's eligibility, the product category, the contractual relationship with the Partner, the commercial campaign, or other criteria displayed in the Platform.

If certain products, benefits, or Partners are featured as a result of a commercial relationship, sponsorship, paid promotion, or special campaign, this will be indicated where required by law.

If the Platform allows the publication of reviews, FIGOPAY may take reasonable measures to verify their authenticity and may remove reviews that are false, abusive, illegal, irrelevant, or manipulative.

51. Reporting Non-Compliant Products, Content, or Activities

Users may report to FIGOPAY products, benefits, content, accounts, or activities that appear illegal, fraudulent, abusive, deceptive, or contrary to these Terms and Conditions.

Reports must contain sufficient information to identify the reported item and analyze the situation.

Reports may be sent to contact@figopay.eu or through other channels indicated in the Platform.

FIGOPAY may review the reports received and may remove, suspend, restrict, or deactivate access to content, products, benefits, or accounts when there are reasonable grounds for such a measure.

FIGOPAY may forward relevant reports to Partners, providers, Payment Processors, or competent authorities, when this is necessary or required by law.

Users who repeatedly submit unfounded, abusive, or bad-faith reports may have their access to the reporting mechanism restricted.

52. Obligations of the User

The User undertakes:

• to use the Platform lawfully and responsibly;
• to provide true, correct, and up-to-date information;
• not to use the Platform for fraudulent purposes;
• not to attempt unauthorized access to accounts, systems, or data;
• not to transmit malicious content;
• not to infringe the rights of FIGOPAY, the Partners, or other persons;
• to comply with the terms of the products, memberships, subscriptions, and benefits used;
• to comply with the rules of the Partners, merchants, issuers, and providers;
• to inform FIGOPAY in the event of a suspicion of unauthorized use of their Account.

The User is responsible for the consequences of using the Platform in breach of these Terms and Conditions.

53. Prohibited Uses

It is prohibited to use the Platform for:

• illegal activities;
• fraud;
• providing false information;
• infringing the rights of third parties;
• transmitting malicious content;
• unauthorized access to computer systems;
• unauthorized testing of the Platform's security;
• abusive use of benefits;
• unauthorized resale of codes, vouchers, passes, or gift cards;
• circumventing restrictions imposed by Partners;
• using unauthorized payment methods;
• initiating unjustified bank disputes;
• activities contrary to the law, public order, or public morals.

The products, codes, vouchers, gift cards, passes, memberships, and benefits available through the Platform are intended for the User's personal use, unless expressly indicated otherwise.

FIGOPAY may suspend the Account or cancel access to products or benefits where there are indications of unauthorized resale or impermissible commercial use.

54. Modification of Services

FIGOPAY reserves the right to add, modify, suspend, or remove functionalities, services, benefits, programs, partnerships, communication channels, or features of the Platform.

Such changes may be made without any obligation to permanently maintain a particular functionality, integration, Partner, product, benefit, or service.

To the extent that the changes affect rights already acquired by the User, FIGOPAY will act in accordance with the law and the terms applicable to that product or service.

55. Inactive Accounts and Record Retention

FIGOPAY may consider an Account to be inactive if the User does not access it or does not use the Platform's services for an extended period.

Before closing an inactive Account, FIGOPAY may send a notification to the User, except in cases where the law, the security of the Platform, or the lack of valid contact details prevents this.

Closing the Account does not affect obligations already due, the Transaction history, records necessary for compliance, legal retention obligations, or FIGOPAY's rights to retain certain data for legal, tax, accounting, anti-fraud purposes, or to defend its rights.

56. Suspension or Closure of the Account

FIGOPAY may suspend, restrict, or close an Account in the event of a breach of these Terms and Conditions, suspicion of fraud, abusive use of services, provision of false information, initiation of unjustified disputes, breach of a Partner's rules, legal obligations, a request from competent authorities, a request from a Payment Processor, security risks, breach of international sanctions, or other justified compliance or operational risk reasons.

Suspension may be temporary or permanent.

In certain situations, FIGOPAY may not disclose all the reasons for suspension if doing so would breach the law, affect an investigation, compromise the security of the Platform, or breach obligations towards Payment Processors, Partners, or authorities.

57. Cooperation with Authorities

FIGOPAY may cooperate with public authorities, courts, investigative bodies, tax authorities, consumer protection authorities, data protection authorities, financial supervisory authorities, cybersecurity authorities, Payment Processors, banks, and card schemes, within the limits of applicable legislation.

In the event of a legal request or a justified suspicion, FIGOPAY may provide information regarding the Account, order data, Transaction data, technical records, proof of delivery, proof of activation, logs, relevant communications, supporting documents, and other necessary information.

FIGOPAY may restrict, suspend, or block access to certain services, products, accounts, or Transactions when this is necessary for compliance with the law, fraud prevention, protection of Users, or the execution of a request received from a competent authority.

58. Availability of the Platform and Technical Incidents

FIGOPAY makes reasonable efforts for the availability and functioning of the Platform.

However, the Platform is provided in the form available at the time of use, without any guarantee of uninterrupted, permanent, or completely error-free operation.

There may be interruptions caused by maintenance, updates, technical incidents, unavailability of communication networks, unavailability of services provided by third parties, errors of the Payment Processors, errors of banks or card schemes, unavailability of Apple Wallet, Google Wallet, WhatsApp, or other third-party services, cyberattacks, force majeure events, or causes beyond FIGOPAY's reasonable control.

FIGOPAY may temporarily suspend access to the Platform for maintenance, updates, security investigations, fraud prevention, incident remediation, or compliance with legal requirements.

59. Security of the Platform

FIGOPAY implements reasonable technical and organizational security measures to protect the Platform, the Accounts, and the data processed.

However, the User understands that no digital system can be guaranteed to be completely immune to errors, vulnerabilities, attacks, or security incidents.

The User is obliged to use the Platform with prudence and to inform FIGOPAY if they notice unauthorized access, unknown Transactions, suspicious messages, phishing attempts, unauthorized use of the Account, security errors, or technical vulnerabilities.

FIGOPAY will never request, through unsecured channels, the complete password, OTP codes, or complete card details.

60. Electronic Evidence and Platform Records

The User accepts that the following may constitute evidence regarding the use of the Platform:

• technical logs;
• electronic confirmations;
• messages sent by e-mail;
• messages sent by SMS;
• messages sent via WhatsApp;
• push notifications;
• payment confirmations;
• order history;
• delivery confirmations;
• activation confirmations;
• confirmations of pass usage;
• records generated by the Platform;
• interactions with virtual assistants;
• data provided by the Payment Processors, banks, Partners, or providers.

FIGOPAY may retain these records for the period necessary for the performance of the contract, resolution of complaints, prevention of fraud, defense of its rights, compliance with legal obligations, resolution of payment disputes, and cooperation with competent authorities.

61. Intellectual Property

All rights over the Platform, the FIGOPAY name, the software, the applications, the design, the content, the documentation, the logos, the graphic elements, the databases, the digital cards, the interfaces, the virtual assistants, and the services belong to FIGO.PAY S.R.L. or its Partners.

Copying, reproducing, distributing, modifying, decompiling, imitating, commercially exploiting, or making unauthorized use of these is prohibited.

No provision of this document transfers to the User any intellectual property right over the Platform or its components.

62. Trademarks, Logos, and the Absence of Implied Affiliation

The names, trademarks, logos, images, and materials belonging to merchants, issuers, providers, integrators, or Partners are used exclusively to identify the products, services, or benefits available through the Platform.

Their use does not imply the transfer of any intellectual property right to the User.

The User does not have the right to copy, modify, reproduce, distribute, or commercially use the trademarks, logos, or materials of FIGOPAY or of third parties without the consent of the rights holder.

Certain products or benefits may be made available through authorized distributors, aggregators, integrators, or providers, without this implying the existence of a direct contractual relationship between FIGOPAY and each brand displayed in the Platform.

The display of a trademark, trade name, or logo is intended to identify the product or benefit and does not, in itself, constitute a recommendation, sponsorship, or official affiliation, unless expressly stated otherwise.

63. Content Submitted by Users

To the extent the Platform allows the submission of text, images, documents, messages, feedback, or other materials, the User warrants that they have the right to submit such content.

The User undertakes not to submit content that is illegal, false, defamatory, discriminatory, abusive, infringes the rights of other persons, contains malware, contains personal data of other persons without legal right, or infringes intellectual property rights.

FIGOPAY may remove, restrict, or block any content that breaches this document or the law.

64. Personal Data

The processing of personal data is carried out in accordance with Regulation (EU) 2016/679, applicable Romanian legislation, and the FIGOPAY Privacy Policy.

Depending on the service used, FIGOPAY may act as a data controller, data processor, independent controller together with other Partners, or technical provider for a partner organization.

The Partners, Payment Processors, merchants, issuers, integrators, and independent providers may process the User's data as independent controllers or processors, in accordance with their own policies and legal obligations.

Details regarding the categories of data, the purposes of processing, the legal grounds, the recipients of the data, the storage period, and the rights of data subjects are available in the Privacy Policy published on the Platform.

65. Cookies and Similar Technologies

The Platform may use cookies, SDKs, identifiers, pixels, analytics technologies, security technologies, or other similar technologies.

These may be used for the operation of the Platform, authentication, security, fraud prevention, remembering preferences, analytics, improving services, communications, and personalization, under the conditions of the law.

Details are available in the Cookie Policy published on the Platform.

66. Complaints and Resolution of Reports

Users may submit complaints regarding the Platform to contact@figopay.eu.

The complaint should contain, as far as possible, the User's name, contact details, description of the situation, the product or service concerned, the order number, if any, and relevant documents or screenshots, if any.

FIGOPAY will review complaints within a reasonable time and may request additional information to identify the Account, order, product, or situation complained of.

Where the User is a Consumer and the dispute cannot be resolved amicably, the User may resort, under the conditions of the law, to the alternative dispute resolution mechanisms available through the competent authorities, including through ANPC's ADR structures.

The method of notifying the National Authority for Consumer Protection (ANPC) will be indicated in the Platform, in accordance with applicable legislation.

67. Official Notifications

Official communications to FIGOPAY are sent to contact@figopay.eu or through other channels expressly indicated in the Platform.

Communications sent through public comments, social networks, discussion groups, or unofficial channels do not constitute official notifications, unless FIGOPAY expressly confirms receipt of them as an official notification.

FIGOPAY may send notifications to the User via e-mail, SMS, WhatsApp, push notifications, the User Account, Apple Wallet, Google Wallet, or other available electronic channels.

A notification sent by electronic means is deemed communicated at the time of sending, unless the law provides otherwise.

68. Force Majeure

FIGO.PAY S.R.L. is not liable for the non-performance or delayed performance of its obligations when this is caused by events beyond its reasonable control.

Cases of force majeure or similar situations include, without limitation: natural disasters, fires, floods, armed conflicts, acts of terrorism, pandemics, epidemics, disruptions to communications infrastructure, internet outages, unavailability of banking networks, unavailability of card schemes, unavailability of services provided by third parties, large-scale cyberattacks, DDoS events, measures imposed by authorities, legislative or administrative changes, and any other circumstances that cannot reasonably be controlled by FIGOPAY.

69. Limitation of Liability

The Platform is provided in the form available at the time of use.

To the extent permitted by law, FIGOPAY is not liable for the temporary unavailability of the Platform, errors generated by independent providers, unavailability of services provided by third parties, rejection of payments by banks or Payment Processors, unavailability of gift cards, vouchers, or benefits provided by third parties, changes to the terms imposed by Partners, loss of access to e-mail, phone, WhatsApp, Apple Wallet, or Google Wallet, unauthorized use of codes transmitted by the User to third parties, indirect losses, loss of opportunity, loss of profit, consequential damages, or decisions made solely on the basis of responses generated by virtual assistants.

To the extent permitted by law, the total liability of FIGO.PAY S.R.L. towards a User shall not exceed the amount actually paid by that User to FIGO.PAY S.R.L. in the last 12 months for the service that gave rise to the complaint.

This limitation does not affect the rights of Consumers that cannot be limited by law.

70. Relationship with Partners

Partners are responsible for the legality, accuracy, availability, and performance of the products, services, benefits, programs, or information provided through the Platform.

Partners are obliged, in their contractual relationship with FIGOPAY, to provide correct, complete, and up-to-date information regarding products, services, prices, restrictions, availability, terms of use, consumer rights, cancellation and refund rules, and the validity of benefits.

FIGOPAY may suspend or remove a Partner's products, benefits, accounts, or programs where there are suspicions regarding breach of the law, breach of Users' rights, reputational risk, operational risk, repeated reports, requests from authorities, or requests from Payment Processors.

71. Complementary Documents

The use of the Platform may also be governed by complementary documents, including:

• the Privacy Policy;
• the Cookie Policy;
• the Refund and Cancellation Policy;
• the Accessibility Statement;
• the specific rules of each membership;
• the specific rules of each subscription;
• the specific rules of each gift card;
• the specific rules of each voucher;
• the specific rules of each event;
• the Partners' terms;
• the terms of merchants, issuers, or integrators.

In the event of a conflict between this document and the specific terms of a product provided by a third party, the product's specific terms shall apply to the extent they do not contravene applicable legislation and Consumers' rights.

72. Termination of Use and Survival of Certain Clauses

Termination of use of the Platform, closure of the Account, or termination of a membership does not affect obligations which, by their nature, must continue to have effect.

These obligations include, without limitation, obligations regarding amounts owed, chargebacks, refunds, electronic records, data protection, confidentiality, intellectual property, limitation of liability, dispute resolution, and cooperation with authorities.

73. Assignment and Transfer

The User may not transfer their rights or obligations arising from the use of the Platform without FIGOPAY's prior consent, except in cases permitted by law.

FIGOPAY may transfer, assign, or delegate its rights and obligations to an affiliated company, successor, acquirer of the business, or relevant provider, to the extent permitted by law and without affecting the mandatory rights of Consumers.

74. Amendment of the Terms and Conditions

FIGOPAY reserves the right to amend this document.

The updated version will be published on figopay.eu and will take effect from the date of publication or the date indicated in the document.

Continued use of the Platform after the publication of the amendments constitutes acceptance thereof.

In the event of significant amendments, FIGOPAY may inform Users by e-mail, in-app notifications, SMS, WhatsApp, or other available channels.

75. Partial Invalidity

If any provision of this document is deemed void, invalid, inapplicable, or unenforceable, in whole or in part, the other provisions shall remain valid and applicable.

The affected provision shall be replaced, to the extent permitted by law, with a valid provision that most faithfully reflects the economic and legal purpose of the original provision.

76. Non-Exercise of Rights

FIGOPAY's failure to exercise a right provided for in this document does not constitute a waiver of that right.

Any waiver of a right is valid only if expressed in writing by FIGOPAY.

77. Governing Law and Dispute Resolution

This document is governed by Romanian law.

Any dispute shall primarily be resolved amicably.

Where an amicable resolution is not possible, jurisdiction lies with the competent courts of Romania, in accordance with applicable legislation.

This provision does not affect Consumers' rights regarding the jurisdiction of courts or the protection offered by applicable legislation.

78. Contact

For questions, reports, or requests regarding the Platform, Users may contact FIGOPAY at:

• FIGO.PAY S.R.L.
• Strada Academiei nr. 29, Sector 1, București, România, 030167
• E-mail: contact@figopay.eu
• Website: figopay.eu

By using the FIGOPAY Platform, the User confirms that they have read, understood, and accept these Terms and Conditions.