Terms of Use

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Policy Owner: Head of Legal - Lina Oviedo

Effective Date: September 12, 2024

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1. Acceptance of the Terms

Accessing, browsing, or using the akua.la website (hereinafter, the “Website”) constitutes express and unconditional acceptance of these Terms of Use, as well as Akua’s Privacy and Data Protection Policy.

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If you do not agree with these Terms, please refrain from using the Website.

2. Ownership of the Website

The Website is owned by Akua Technology Holding Ltd., a company duly incorporated under the laws of the Cayman Islands, with operational presence in Latin America through its subsidiaries, including:

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  • Akua Colombia Processing S.A.S.
  • Akua Colombia Acquiring S.A.
  • Akua Argentina S.A.S.
  • Akua Perú Acquiring S.A.C.

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These entities act as service providers or integrators for processing and acquiring services, in accordance with the regulations applicable in each jurisdiction.

3. Purpose

The purpose of the Website is to provide general information regarding the financial technology services offered by Akua, including payment processing, acquiring-as-a-service, SaaS (Software as a Service) solutions, payment infrastructure, and transaction monitoring and compliance services.

All content is provided for informational purposes only and does not constitute an offer, promise, or binding commitment by Akua. The specific terms and conditions governing Akua’s services are exclusively set forth in the contracts or agreements executed between Akua and its clients.

4. Conditions of Access and Use

Users agree to:

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  • Use the Website lawfully, ethically, and in compliance with all applicable regulations.
  • Refrain from using the Website or its content for fraudulent, unlawful, or unauthorized purposes.
  • Not attempt to access, alter, or interfere with Akua’s source code, systems, or databases.
  • Not use automated means or tools (including scraping, bots, or similar technologies) to extract data or information without Akua’s prior written authorization.

5. Intellectual Property

All materials and content on the Website—including but not limited to text, logos, trademarks, designs, graphics, code, and databases—are the exclusive property of Akua or have been duly licensed to Akua.

Any reproduction, distribution, modification, or unauthorized use of the content is strictly prohibited and may result in civil or criminal liability.

6. Limitation of Liability

Akua makes reasonable efforts to ensure that the information published on the Website is accurate and up to date. However, such information is provided solely for informational purposes and may be modified without prior notice.

Akua shall not be liable for:

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  • Decisions or actions taken based on the information published on the Website.
  • Temporary interruptions, technical errors, or unavailability of the Website.
  • Damages or losses arising from the use or inability to use the Website.

7. External Links

The Website may contain links to third-party websites. Akua does not control and assumes no responsibility for the content, accuracy, or privacy practices of such external sites. Access to any third-party website is at the sole risk of the user.

8. Data Protection

The collection and processing of personal data through the Website are governed by Akua’s Privacy and Data Protection Policy, available at https://akua.la/privacy.

Akua complies with all applicable data protection laws, including Colombia’s Law 1581 of 2012, the European Union’s General Data Protection Regulation (GDPR), and local data protection regulations in the countries in which it operates.

9. Modifications

Akua reserves the right to modify these Terms of Use at any time. Updates will become effective upon publication on the Website. Users are encouraged to review this page periodically to stay informed about any changes.

10. Governing Law and Jurisdiction

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of Colombia, without regard to its conflict-of-law principles.

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Any dispute arising from the use of the Website shall be submitted to the competent courts of Bogotá D.C., Colombia, unless Akua determines that a different jurisdiction applies based on the user’s country of origin or the entity providing the service.

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