Terms of Service
Last updated: March 2026
1. Acceptance of Terms
By accessing or using patrimonio.fitalmx.com (the "Website") and any services provided by Market Finganas S.A.P.I. de C.V. (trading as "FitalPay"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Website or services. These Terms constitute a legally binding agreement between you and FitalPay.
2. Description of Services
FitalPay provides cross-border payment processing services, enabling businesses in the United States to send payments to recipients in Latin American countries including Mexico, Colombia, and Brazil. Our services include currency conversion, payment routing via regulated banking rails (SPEI, ACH, PIX), and related financial technology services.
FitalPay is a licensed financial technology company, not a bank. We partner with regulated banking institutions in each operating country for settlement and custody of funds. We do not accept deposits, issue loans, or provide banking services.
3. Eligibility
To use FitalPay services, you must:
- Be a registered business entity in good standing
- Have the legal authority to bind your organization to these Terms
- Complete our Know Your Customer (KYC) and Know Your Business (KYB) verification process
- Not be located in a country subject to comprehensive sanctions by OFAC, the UN, or the EU
- Not appear on any applicable sanctions or blocked persons lists
FitalPay reserves the right to deny or terminate service to any entity that does not meet these requirements or whose activities present unacceptable regulatory risk.
4. Fees and Pricing
FitalPay charges a 1% flat fee per transaction on the payment amount. This fee includes currency conversion at mid-market exchange rates. There are no hidden fees, monthly minimums, setup fees, or additional FX markup charges.
- Standard rate: 1% flat per transaction
- Volume discounts: Available for businesses processing $500,000 or more per month. Contact sales for custom pricing.
- Exchange rate: Mid-market rate as published by major financial data providers at the time of conversion
FitalPay reserves the right to modify its fee structure with 30 days' written notice to active clients.
5. Regulatory Compliance
FitalPay operates under the following regulatory framework:
- Registered under applicable Mexican financial technology legislation
- Supervised under applicable Mexican financial services regulations
- Licensed for foreign exchange and cross-border operations
- AML/KYC: Subject to anti-money laundering requirements under Mexican law, including reporting obligations to UIF (Unidad de Inteligencia Financiera)
All transactions are subject to automated and manual compliance screening, including OFAC, UN, and EU sanctions checks. FitalPay may delay, freeze, or decline transactions that trigger compliance alerts.
6. Your Obligations
By using our services, you agree to:
- Provide accurate, complete, and current information during onboarding and when making payments
- Maintain the confidentiality of your account credentials
- Use our services only for lawful business purposes
- Not use our services for money laundering, terrorist financing, or any other illegal activity
- Promptly notify us of any unauthorized use of your account
- Comply with all applicable laws in your jurisdiction
7. Limitations of Liability
FitalPay shall not be held responsible for:
- Delays caused by banking partners, intermediary institutions, or receiving banks
- Compliance holds required by regulatory authorities
- Force majeure events including natural disasters, pandemics, wars, or government actions
- Exchange rate fluctuations between the time of quote and the time of settlement
- Losses resulting from inaccurate payment details provided by you
- Indirect, consequential, or punitive damages arising from the use of our services
To the maximum extent permitted by law, FitalPay's total liability for any claim shall not exceed the fees paid by you to FitalPay in the 12 months preceding the claim.
8. Intellectual Property
All content on this Website, including text, graphics, logos, icons, images, and software, is the property of Market Finganas S.A.P.I. de C.V. and is protected by Mexican and international intellectual property laws. You may not copy, modify, distribute, or reproduce any content without prior written consent.
9. Privacy
Your use of our services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using our services, you consent to the data practices described in our Privacy Policy.
10. Termination
Either party may terminate the service relationship with 30 days' written notice. FitalPay may immediately suspend or terminate your access if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a compliance risk. Upon termination, any pending transactions will be completed or reversed, and remaining balances will be returned to you via the original funding method.
11. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with the laws of the United Mexican States. Any dispute arising from or relating to these Terms or our services shall be submitted to the competent courts of Mexico City (Ciudad de Mexico), and you irrevocably submit to the exclusive jurisdiction of those courts.
Before initiating legal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days.
12. Modifications
FitalPay reserves the right to modify these Terms at any time. Material changes will be communicated via email to active clients with at least 30 days' notice. Continued use of our services after the effective date of changes constitutes acceptance. The "Last updated" date at the top of this page reflects the most recent revision.
13. Contact
For questions about these Terms, contact our legal team:
Email: legal@fitalmx.com
Company: Market Finganas S.A.P.I. de C.V.
Website: patrimonio.fitalmx.com