DEUNA USA LLC - Terms & Conditions
Terms & Conditions of use of the "DEUNA Software" application programming interface, for access through the DEUNA Digital Platform or Mobile Application
These terms and conditions (the “Terms”) constitute the entire agreement between DEUNA USA LLC, together with its affiliates, subsidiaries and/or related parties (collectively, “DEUNA”), as the lawful owner and/or authorized party to commercialize and use the application programming interface known as “DEUNA Software” (the “API”), accessible via the web or through DEUNA’s or third-party mobile applications; with its registered address at 8 The Green, Suite 16227, Dover, Delaware 19901, USA (the “Address”), website www.deuna.com (the “Site”) and contact email [email protected] (the “Contact Email”); and any individual or legal entity that accesses and/or uses the API (the “User”). Any use of the API by any person confers the status of User and constitutes full and unconditional adherence to these Terms.
It is the User’s sole responsibility to read these Terms —and any amendments— prior to each access to the API, since the mere use of the API entails total and binding acceptance thereof. If at any time the User disagrees, in whole or in part, the User must immediately refrain from accessing and/or using the API and the services provided. By accepting these Terms, the User expressly agrees to be bound by them, and represents that they have read, understood and fully ratify their content.
Acceptance of and participation in the “DEUNA Software” API also constitutes express acceptance of DEUNA’s Platform Terms and Conditions and Privacy Policy governing the User’s activities within the platform and the processing of personal data, which are available at the following access links: https://legal.deuna.com/docs/deuna-usa-llc-privacy-policy-us - https://legal.deuna.com/docs/pol%C3%ADtica-de-privacidad (each, a “Linked Document”). In the event of any conflict, the Linked Documents shall prevail with respect to matters specifically governed therein.
API TERMS AND CONDITIONS
License to Use
Pursuant to these Terms, DEUNA authorizes and grants the User one (1) license to use the API for personal purposes only, which requires registration and access thereto. Such license is granted on an “as is” basis, on a temporary, non-exclusive, not commercially transferable, and non-sublicensable basis, solely for the acquisition of the Services.
The Services are provided under an “API as a Service” model (“APIaaS”), which means that You, as a DEUNA Client, receive cloud-based services (as defined below) through annual subscription plans, with direct charges to credit cards, debit cards, or certain payment engines, depending on the plan selected by the User and pursuant to DEUNA’s payment plan policies.
Access to the API
Functionality and access to the API may require acceptance of the terms of use of the DEUNA Platform in which the API is integrated. Accordingly, You must read, accept, and be bound by such terms, which shall also apply to this API.
You are responsible for all activities carried out under your account and agree to maintain the confidentiality and security of your username and password at all times.
Access to the API must be carried out in accordance with applicable law, public order, and good customs, as well as these Terms. The API must be used solely for lawful purposes and with respect for third-party rights.
Description of the API Services
DEUNA makes the API available to the User as a connection tool to the DEUNA Platform and/or third-party platforms that, in order to supplement their business model (the Client), use the API as a connection mechanism to payment processors, alternative payment methods, analytics services, fraud services, among others; including customized integrations required by the merchant, such as logistics services and last-mile delivery partners with whom DEUNA has agreements, or other third parties commercially related to the Client (the “End Users”).
The information collected for the operation of DEUNA Software allows the User to reduce checkout steps by integrating various payment methods (through gateways and agreements previously executed by DEUNA with processors) and transmitting such information in a “tokenized” format; that is, replacing sensitive card information with a unique identifier (“token”) used in interbank transactions, enabling a standardized, agile, and transparent payment experience (the “Services”).
Through API usage, the collected information is stored for operational compliance purposes and to facilitate access by End Users and/or any merchant affiliated with DEUNA Software’s authentication method, allowing the automatic completion of DEUNA’s checkout form using a unique key (the “Information”), through electronic devices such as computers, smartphones, tablets, etc.
You acknowledge that, as the API is a communication and data-processing tool, DEUNA does not guarantee the effective resolution of all your needs.
The Client acknowledges and agrees that DEUNA may, during the term of the Services, rely on or use data or other information provided by the Client and/or its End Users to fulfill the purpose of the Services, without conducting any prior investigation or verification, since the API is not a data-verification or validation system. Accordingly, DEUNA shall be entitled to rely on the accuracy and completeness of such information for the Client’s and End Users’ access, use, and operation of the API. The Client acknowledges that any omissions, inaccuracies, or errors in the data provided by the Client and/or End Users shall not give rise to any liability on the part of DEUNA, and therefore the Client and End Users hereby release DEUNA from any such liability.
You agree to comply with all applicable legal procedures regarding the acquisition of connection services. DEUNA, in turn, undertakes to respect and enforce your rights and to ensure proper handling of the data collected for such purposes, in accordance with DEUNA’s Privacy Policy.
Liability Regarding Content
DEUNA assumes no liability whatsoever arising from, including but not limited to:
(i) the use that the Client and/or End Users may make of the API materials and/or the Platform, the Content, or any linked websites, whether such use is prohibited or permitted, in violation of intellectual and/or industrial property rights related to web content or third-party content;
(ii) any damages or losses to the Client and/or End Users caused by normal or abnormal operation of the API and/or third-party platforms to which it connects, and, in general, by errors or issues generated during the development or implementation of the technical elements made available to the Client and/or its Users through the API and/or the Platform;
(iii) the content of any pages accessed by the End User through links included in the Platform, whether authorized or not, or arising from integration with payment processors and/or third-party platforms;
(iv) acts or omissions of third parties, regardless of the relationship such third parties may have with DEUNA;
(v) the access by minors to the API, as well as the submission of personal information by such minors;
(vi) communications or dialogues occurring during debates, forums, chats, or virtual communities organized through or around the Platform, and DEUNA shall therefore not be liable for any damages or losses suffered by the Client and/or End Users as a result of such communications and/or dialogues; etc.
Liability Regarding Technological Failure
DEUNA shall not be liable, under any circumstance, for:
(i) errors or delays in accessing the Platform when entering data into the request form, or in connection with third-party platforms, slowdowns or failure of the intended recipients to receive the request confirmation, or any anomalies arising from Internet network issues, acts of God, force majeure, or any other unforeseeable contingency beyond DEUNA’s control;
(ii) failures or incidents that may occur in communications, whether due to deletion or incomplete transmissions, such that the continuous operability of the API services cannot be guaranteed;
(iii) errors or damages caused to the Platform and/or the API due to improper use of the service by the Client and/or the End User;(iv) the non-operability of or issues with the data provided for the execution of the Services and/or for sending the corresponding request confirmation. In any event, DEUNA undertakes to resolve any issues that may arise and to provide all necessary support to the Client and/or End Users to achieve a prompt and satisfactory resolution of the incident.
Furthermore, DEUNA is entitled to carry out promotional campaigns, during defined time periods, to encourage the registration of new members to its service. DEUNA reserves the right to amend the e-commerce conditions, as well as to exclude any of the terms contained therein.
Personal Data
In compliance with the terms set forth in the LFPDPPP, DEUNA, as the entity responsible for processing personal data, hereby informs the User that any information the User provides through use of the API will be processed in accordance with the Privacy Policy available on the Platform. To access or use certain Content, the User must first provide DEUNA with certain personal data (“Personal Data”).
By accessing the API, or any Content in which Personal Data is required, the Client and/or End Users authorize DEUNA to perform analyses and studies based on such data. The Client and/or End Users agree to provide true and accurate Personal Data. In the event that the Client and/or End Users provide false or misleading information, DEUNA shall assume no liability for the consequences arising from such acts and may deny access to the Platform and/or the API and its Content, without prejudice to any indemnification that may apply.
Handling of Data and Information
All information provided by the User during access to the API is strictly confidential and will be handled solely by DEUNA’s internal personnel. As stated in the Privacy Policy, the Personal Data of the Client and/or End Users may have, as primary or secondary purposes, the promotion of services; therefore, the Client and/or End Users hereby authorize and consent to the use of their Personal Data for statistical, promotional, and analytical purposes, including measuring trends and user recurrence, as well as any other purpose established in this document or in the aforementioned Privacy Policy.
Data Indicator
The information provided by the Client and/or End Users in the API—whether current or historical processed and organized to generate data indicators, which DEUNA may use for service operation purposes, as well as to make business decisions, in the latter case only on a statistical and non-individualized basis. The Client and/or End Users hereby authorize DEUNA to access all information provided and generated in the API and the Platform, pursuant to this document and the Privacy Policy.
Liability and Quality in Service Provision
The Client and/or End Users acknowledge that the API is a technological tool that serves as a means for the Client and/or End Users to perform a specific activity. Therefore, they accept that DEUNA does not guarantee the quality, suitability, and/or availability of the services provided or requested through the API. The Client and/or End Users expressly acknowledge and accept all risks associated with the use of the API, releasing DEUNA from any present or future liability. Accordingly, DEUNA shall not be liable to the Client and/or End Users, or any related party, for any type of damages or claims arising from deficiencies in the Services, or from any error, omission, and/or inaccuracy in the information provided by the Client and/or End Users through the Platform, the API, or any other means.
Disclaimer of Warranties and Liability
The Client and/or End Users are solely responsible for their use of the API and its Content. The Client and/or End Users acknowledge that the API information and the Services are provided “as is,” without any express or implied warranties of merchantability or fitness for a particular purpose. DEUNA does not warrant the accuracy or completeness of the information, text, graphics, links, or other elements contained in the API or the Content. DEUNA does not guarantee uninterrupted or error-free operation of the API and/or its Content.
Since all information contained in the API and its Content is hosted in the cloud, DEUNA does not control or guarantee the absence of viruses in the Content, nor the absence of other elements that could cause alterations to the Client’s and/or End Users’ computer systems (software and/or hardware) or to electronic documents stored therein.
Any material downloaded or obtained in a manner other than as provided through the Platform or the API shall be at your sole risk and responsibility, including any damages caused to the device used to connect to the API and/or any data loss resulting from such download. Under no circumstances shall DEUNA or its suppliers be liable for any damages arising from the use or inability to use the API or its Content (INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, MORAL DAMAGES, INCIDENTAL, SPECIAL, CONSEQUENTIAL, REMOTE AND/OR PUNITIVE DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, AND/OR SECURITY BREACHES), even if DEUNA has been advised of the possibility of such damages.
Support
DEUNA provides the Client and/or End Users with technical support services and basic guidance for the use of the API tools and functionalities, which may be offered through online chat, email, or any other means that DEUNA deems appropriate and feasible, during the time periods established by DEUNA, subject to prior notice. This service is provided at no additional cost. The Client and/or End Users requesting Support authorize DEUNA to have full access to all information provided in the API without restriction. In this regard, and for the benefit of the Client and/or End Users, DEUNA undertakes to maintain strict confidentiality with respect to any information to which it has access.
Intellectual Property and Copyright
DEUNA authorizes the Client and/or End Users to use the API exclusively under the terms set forth herein, which does not imply the granting of any license, authorization, or right other than as expressly stated, with respect to DEUNA’s intellectual property and copyright, including but not limited to: all trademarks registered and/or used by DEUNA in Mexico or abroad; rights over inventions (patented or not), industrial designs, utility models, confidential information, trade names, trade secrets, trade notices, reservations of rights, domain names; as well as all economic rights over works and creations protected by copyright and any other form of industrial or intellectual property recognized under applicable law.
The Client and/or End Users acknowledge and agree that DEUNA is the lawful owner, or holds the necessary rights, over the API, including DEUNA’s trade names, trademarks, service marks, logos, domain names, and other brand features contained therein (“DEUNA Trademarks”), whether or not such rights are registered and regardless of their jurisdiction. Such rights are protected by applicable industrial property and copyright laws and international treaties. Accordingly, the Client and/or End Users agree that the DEUNA Trademarks may not be copied, reproduced, modified, published, uploaded, transmitted, or distributed in any manner. Unless expressly indicated otherwise in this document, DEUNA grants no express or implied rights to the Client and/or End Users under patents, copyrights, trademarks, or trade secret information. The Client and/or End Users acknowledge and agree that the API, including all designs and components thereof, is and shall remain the exclusive property of DEUNA.
Feedback
If the User provides any feedback to DEUNA regarding the functionality or performance of the API (including the identification of potential errors or improvements), the Client and/or End Users hereby authorize DEUNA to use, without restriction, all rights, title, and interest in and to such feedback. This authorization does not grant the Client and/or End Users any moral right to require compensation, monetary consideration, or limitations on DEUNA’s use or exploitation of such feedback.
Privacy Policy
In order to ensure the lawful, controlled, and informed processing of your personal data, DEUNA makes its Privacy Policy available to you through the Site. The personal data that you provide to us now or in the future, stored in our databases or collected through cookies or any other web-tracking technologies, will be handled in a manner that guarantees your privacy and your right to informational self-determination. DEUNA is responsible for the use and protection of your personal data. Such data will be processed in accordance with the principles of lawfulness, consent, information, quality, purpose, fairness, proportionality, and accountability, as established under applicable law.
Governing and Law Jurisdiction
For all matters related to the interpretation and enforcement of the provisions herein, the Parties agree to submit to the laws of the State of New York and to the exclusive jurisdiction of the state and federal courts located in New York County, New York, expressly waiving any other jurisdiction that might otherwise apply due to their present or future domiciles.
The Client and/or End Users acknowledge and agree that DEUNA has made available all information necessary to understand the scope and characteristics of the Platform and the Services. Likewise, they confirm that prior to accessing the Platform, they evaluated its characteristics and, consequently, agree to them.
ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU POSSESS THE LEGAL CAPACITY NECESSARY TO UNDERSTAND AND BE BOUND BY THE TERMS SET FORTH HEREIN, THAT YOU HAVE BEEN PROPERLY INFORMED, AND THAT YOUR ACCESS, USE, AND APPLICATION OF THE SERVICES PROVIDED THROUGH THE API CONSTITUTE YOUR FREE AND VOLUNTARY CHOICE. THE CLIENT AND/OR END USERS THEREFORE GRANT THEIR INFORMED CONSENT TO THE USE AND APPLICATION OF THE API THROUGH THEIR CONTINUOUS AND UNRESTRICTED ACCESS THERETO.
The Parties agree that the means to perfect their agreement of wills shall be through a digital, electronic, or online format, whereby expressing consent through acceptance of these Terms and providing personal data through the Platform or the API shall be sufficient, without requiring a handwritten signature on any document.
Date of first issuance: December 1st, 2025.
Updated about 2 hours ago