PECUNIA CARDS

Modified on Thu, 25 Sep at 8:44 AM

TABLE OF CONTENTS

GENERAL TERMS OF "CARD" AGREEMENT

GENERAL TERMS OF "CARD" AGREEMENT

The general and specific conditions, detailed below, regulate the relationship between PECUNIA CARDS EDE, S.L.U. (hereinafter, "PECUNPAY"), with its registered office at C/ Guzmán El Bueno, No. 133, Edificio América, Bajo B, 28003 - Madrid, and the holder (hereinafter, "HOLDER"), in relation to the financial services described herein.

1. GENERAL CONDITIONS

1.1. GENERAL CONDITIONS OF THE AGREEMENT

The parties agree that the clauses included in this contract should be considered as general conditions of the agreement, for the purposes stated in Law 7/1998, of April 13, on General Conditions of Contracting.

PECUNPAY, as the predisposing party, has expressly and previously informed the HOLDER, as the adhering party, of the existence of the general conditions that are listed in this document.

The HOLDER states that they are aware of the conditions, that they understand them, and that, consequently, they accept their incorporation into the contract.

The HOLDER declares that they are acting in their own name and right and agrees to provide PECUNPAY with the documentation, photographs, and information that it may reasonably request to comply with its regulatory obligations.

Once the HOLDER has completed the above and has passed our internal checks, the card will be issued.

1.2. DURATION AND TERMINATION OF THE AGREEMENT

This contract will have an indefinite duration, without prejudice to the expiration date that appears on the issued cards, or on any other means of payment that PECUNPAY makes available to the HOLDER. The relationship begins on the day that PECUNPAY confirms that your service has been approved.

Except in cases where the HOLDER has contracted several products with PECUNPAY for which it is necessary to keep a payment account open or in cases determined by regulations, the HOLDER may, at any time, terminate the contract by notifying PECUNPAY in writing, without any prior notice. In this case, PECUNPAY will proceed to comply with the order to terminate the contract within 24 hours of receiving the HOLDER's request. PECUNPAY will proceed to refund the HOLDER the remaining balance, after applying the corresponding fees and expenses up to the date of termination.

The termination of the contract will be free of charge for the HOLDER, unless the contract has been in force for less than six months.

PECUNPAY may terminate this Agreement by notifying the HOLDER at least sixty calendar days in advance.

Notwithstanding the foregoing, PECUNPAY may terminate the contract, without prior notice, in the event of objectively justified reasons related to the security of the payment instrument, the suspicion of unauthorized or fraudulent use thereof.

For the purposes of this contract, it is understood as:

- Termination. The ineffectiveness of this contract. As a consequence of the breach by one of the parties, the other party has the right to request that the contract be terminated, with compensation for the damages suffered.

- Withdrawal. The right of one of the parties to terminate the contract, without the need to justify the decision.

1.3. WITHDRAWAL FROM THE AGREEMENT

THE HOLDER will have a period of 14 calendar days to withdraw from the contract, without giving reasons and without any penalty.

The period for exercising the right of withdrawal will begin to run from the day of the conclusion of the contract.

However, if the consumer has not received the contractual conditions and contractual information, the period for exercising the right of withdrawal will begin to run on the day they receive said information.

THE HOLDER who exercises the right of withdrawal must communicate it to the provider in the terms provided for in the contract, before the corresponding period ends, by a procedure that allows for a record of the notification in any manner admitted by law. The notification will be considered to have been made within the period if it is made on paper or on another durable medium, available and accessible to the recipient, and is sent before the period expires.

1.4. SUSPENSION

PECUNPAY may temporarily suspend the services provided, as well as any means of payment associated with them, as a result of non-payment by the HOLDER, for security reasons, for lack of the requested documentation, or for the suspicion of unauthorized or fraudulent practices by the HOLDER.

When the reasons that led to the suspension disappear, it will proceed to reactivate the service or the means of payment.

1.5. MODIFICATION OF THE AGREEMENT

PECUNPAY may modify the conditions established in this contract.

The modifications will be published on the PECUNPAY website and, in addition, Users will be informed by email to their corresponding email address. However, they will not apply until sixty calendar days have passed since the sending of the corresponding email.

If the new conditions are beneficial to the HOLDER, PECUNPAY may provide for their automatic application after their publication on the corporate website.

If the HOLDER, after learning of the new conditions, rejects them, they may terminate the contract by notifying PECUNPAY as provided in section 1.7 of these general conditions. The termination, therefore, must be carried out prior to the application of the new conditions so that they do not apply to them. It will be considered that the HOLDER has accepted the modification of the conditions in question if they do not communicate their non-acceptance to PECUNPAY before the proposed effective date.

1.6. ECONOMIC CONDITIONS: FEES AND EXPENSES

The fees and expenses listed in the Specific Conditions that apply to each of the different products and services contracted will be applicable. These fees and expenses, for each of the different products and services, will be explicitly informed in the fee brochure related to each product and service that is in force at any given time.

1.7. NOTIFICATIONS

Communications, notifications, and documentation to be made under this Agreement shall be sent to the HOLDER at the address and/or email address provided by them for this purpose.

Communications to PECUNPAY to be made by the HOLDER shall be sent by email to the Customer Service address: atencionalcliente@pecuniacards.es

The HOLDER is obliged to notify PECUNPAY of changes of address, email address, and contact telephone number(s), through the means made available by PECUNPAY for this purpose, or by updating them, and must bear any loss that occurs due to sending invalid, incorrect, or inaccurate information.

1.8. CUSTOMER SERVICE

HOLDERS may file a complaint or claim with the PECUNPAY Customer Service Department. The document must be submitted by email to the following address: servicioatencioncliente@pecuniacards.es

All this in accordance with the provisions of the PECUNPAY Customer Ombudsman Regulations, which are available to HOLDERS on the corporate website.

1.9. RECORDING OF COMMUNICATIONS

The HOLDER authorizes PECUNPAY to record by magnetophonic, computer, electronic, or other means, all data, queries, circumstances of the contracts and operations carried out through any of the non-face-to-face services. The HOLDER may request a copy of the same from PECUNPAY.

1.10. PROCESSING OF PERSONAL DATA

In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, we inform you that your personal data will be included in the processing activities of PECUNIA CARDS EDE S.L. (PECUNPAY), for the purpose of managing the service contracted by the HOLDER, the fulfillment of the contractual relationship, the examination and verification of personal data, the creation and management of loyalty programs, the notification of any type of incident that may arise during the contractual relationship, the communication of possible modifications to the contract conditions and, in general, those affecting the use of the card, as well as the sending of commercial information that may be of interest to you, being legitimized for this purpose on the basis of the execution of the contract, the fulfillment of legal obligations, and the legitimate interest of the parties. Your data will be kept for the duration of this contract and, subsequently, until the statute of limitations for possible legal liabilities expires.

Your data may be transferred to third parties, such as entities linked to the financial sector and bank card processing entities, for the purpose of managing the operation of our terminals, as well as to manage the secure customer authentication operation. Likewise, your data may be accessed by third-party service providers of PECUNPAY, with whom PECUNPAY has formalized the pertinent personal data processing agreement, guaranteeing a legitimate and secure processing of the same, such as consultants, personal data verification entities, external technological service providers, and the like.

In the event that you wish to benefit from offers and promotions to which you have access through the use of our services, your data may be transferred to the entity with which PECUNPAY formalizes the agreement for the offering of said offer and/or specific service that you wish to benefit from. This transfer will be made for the purpose of allowing you to enjoy said offer and/or service.

PECUNPAY may verify the information provided by the HOLDER, assess their operations, and check their solvency. To do so, it is authorized to collect, communicate, request, and exchange information about the status of their accounts with other solvency files or public records, with financial institutions, credit assessment and fraud prevention companies, as well as with the Bank of Spain. PECUNPAY may consult them periodically. These steps are necessary for PECUNPAY to carry out the relevant consultations to comply with its analysis obligation regarding fraud, prevention of money laundering, and terrorist financing. The HOLDER will be responsible for the truthfulness and accuracy of all personal data provided to PECUNPAY. In this sense, PECUNPAY informs you that it has signed a co-responsibility agreement with the entity DOWJONES, for the purpose of analyzing your information provided in the contracting process, specifically the information included in your KYC (Know Your Customer).

PECUNPAY informs you of the possibility that your personal data may be subject to automated decisions, related to the automatic blocking of the registration process, or the automatic blocking of the operation of the registered card, specifically when: (i) the HOLDER does not complete all the personal data required in the KYC; (ii) the comparison of the data provided in the KYC shows that the HOLDER is on a list that does not allow the contracting of the card; (iii) the HOLDER does not provide the additional information requested by PECUNPAY within 30 days; or (iv) there are suspicions of fraud in the use of the card.

The HOLDER may exercise the rights of access, rectification, opposition, deletion, limitation, portability, and opposition to automated decision-making by writing to the Data Protection Officer of PECUNPAY, by post to Calle Guzmán el Bueno No. 133, Edificio América, Bajo B, 28003, Madrid; or by email to datos@pecuniacards.es.

If you consider that your rights have not been correctly addressed, the HOLDER has the right to file a complaint with the Spanish Data Protection Agency.

1.11. PREVENTION OF MONEY LAUNDERING AND TERRORIST FINANCING

The HOLDER is informed of the legal obligations required of PECUNPAY regarding the prevention of money laundering and terrorist financing, concerning the identification of the HOLDER and of the ultimate beneficial owner, shareholding or control structure in the case that the HOLDER is a legal entity, economic, professional or business activities, origin of funds, as well as the requirement to apply the due diligence measures established at any time by current legislation, among others those related to the knowledge and continuous monitoring of the business relationship.

Consequently, the HOLDER must provide, in a timely manner, all information and documentation that may be required by PECUNPAY at any time for the fulfillment of the aforementioned obligations.

In the event that the HOLDER is a natural person, and unless otherwise stated by the same, the HOLDER expressly declares that they are acting before PECUNPAY in their own name and right, recognizing themselves, for all purposes, as the ULTIMATE BENEFICIAL OWNER of their relationship with PECUNPAY.

For these purposes, additionally, the HOLDER expressly agrees to assume the following obligations, authorizations, and measures derived from the application of the regulations on the prevention of money laundering and terrorist financing:

a) The HOLDER authorizes PECUNPAY to request from any entity - whether public or private - information on the identity or activity carried out by the HOLDER;

b) The HOLDER must notify, without delay, PECUNPAY of any variation that occurs in their identification, in the identification of the ultimate beneficial ownership, shareholding or control structure, as well as the economic, professional, or business activities carried out;

c) The HOLDER agrees that, in case of not duly complying with the requirements made by PECUNPAY for the fulfillment of the obligations established in the prevention of money laundering and terrorist financing, or if risks related to the reference regulations are appreciated, PECUNPAY may block the operation of the card(s) and terminate the contractual relationship that binds the parties.

2. SPECIFIC CONDITIONS OF THE AGREEMENT

2.1. CONCEPT

The PECUNPAY card, in its different modalities (hereinafter, "card"), is a MASTERCARD or VISA debit card, which allows the HOLDER to obtain goods and professional services in establishments that accept MASTERCARD or VISA cards and also have a Point of Sale (POS) terminal device.

Likewise, this card allows the HOLDER to make purchases over the internet, provided that the website they access accepts this means of payment, in which case, it will be subject to the conditions established therein. The card balance will not, in any case, accrue interest or any other type of remuneration in favor of the HOLDER.

2.2. CARD OWNERSHIP

PECUNPAY holds the ownership of the cards it issues on a personal basis. Its HOLDER will be a natural or legal person, whose identity must be stated on the card itself, unless the contracted product is a gift, instant, or virtual card.

2.3. CARD ISSUANCE

The HOLDER authorizes PECUNPAY to issue a financial card linked to a payment account assigned to the HOLDER's name, unless the contracted product is a gift, instant, or virtual card.

The payment account is associated with the card and other electronic media, so that any transaction made through such media will be reflected in the account.

If the HOLDER requests additional cards, each card will be associated with a new payment account. The request by the HOLDER for one or more additional cards will imply their consent regarding the charges that PECUNPAY makes to their payment account as a result of the transactions and withdrawals made with said additional cards.

2.4. CARD VALIDITY

The card will have limited validity until the date shown on it.

Once the form is completed and payment is made, and after passing our internal checks within an estimated period of 10 business days, the user will receive the card.

In the case of card renewal, upon reaching its expiration date, a new card will be sent to the client thirty calendar days before said date, applying, in each case, the renewal conditions applicable in the specific conditions of the same.

The renewed card will be issued with a new card number, which will maintain the same relationship with the original payment account and, therefore, will maintain its conditions of use and available balance in said account. Without prejudice to the foregoing, PECUNPAY reserves the right to cancel or modify the validity date of the cards during their term of validity, as well as not to renew them upon their expiration, with the HOLDER losing all rights related to their use.

2.5. TRANSACTIONS

The use of the card will be in accordance with the instructions for use established by PECUNPAY in this contract and on its own website, without prejudice to the power that PECUNPAY has to modify such instructions for use. The modifications will be notified to the HOLDER and will be published on the website corresponding to each product. They will be applied sixty calendar days after their publication, unless expressly indicated in each case.

Each transaction will be recorded by PECUNPAY and the HOLDER may access such information through the website corresponding to each product (section "client area"), unless the contracted product is a gift, instant, or virtual card, in which case the available balance of the card will be provided by the means established by PECUNPAY.

The validity of the transaction made will be presumed based on the invoice, receipt from the dataphone, electronic registration and/or transaction authorization terminals, reading of its magnetic strip or electronic chip, or any other means of identification established in the card's terms of use, even when the exhibition of your national identity document, Personal Identification Number, or signature is not required. The same consequences will apply in the case of non-face-to-face sales (Internet).

The effective use of the card will be presumed by the mere registration of the transaction in the computer files of PECUNPAY.

The transactions carried out by the HOLDER will be considered authorized when they have given their consent through any of the channels established for the use of the means of payment contemplated in these general and specific conditions.

2.6. CARD LIMITS

For the use of the card by the HOLDER, they may establish a limit on the amount, beyond which it cannot be used, without their express authorization. Likewise, the HOLDER may establish limits on the use of their card, either for each transaction or for specific periods (days, weeks, months, years...).

The maximum total amount of transactions that can be made at any given time will be determined by the available amount in the account, as well as by the cash withdrawal limits established at ATMs, the limits for transactions in stores, and likewise, cash withdrawals and deposits will be limited by the private network.

PECUNPAY reserves the right to block the use of a payment instrument for objectively justified reasons related to the security of the payment instrument, the suspicion of unauthorized or fraudulent use thereof.

2.7. PAYMENT ORDERS

The HOLDER expressly authorizes PECUNPAY to debit the payment account for the transactions carried out by the HOLDER when they have consented to them. It will be understood that the HOLDER has consented to the transaction when it has been carried out through any of the channels provided by PECUNPAY, including, but not limited to, any use of their card, card number, or PIN.

The payer may withdraw consent at any time prior to the date of irrevocability referred to in articles 36 and 52 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures. However, if the HOLDER is not a consumer or micro-enterprise in the terms specified in Royal Decree-Law 19/2018, of November 23, they may not withdraw consent.

Likewise, the HOLDERS accept that the payment account serves as an accounting support to carry out operations using any means of payment that is associated with it.

All debits to the account that are duly authorized by the HOLDERS of the same, or are charged to any of them, will be accepted.

When a payment order is not executed or is executed defectively, PECUNPAY will act in accordance with the provisions of article 60 of Royal Decree-Law 19/2018, of November 23.

2.8. TOP-UPS

The HOLDER must pay, in advance, a sufficient amount for the topped-up amount. The cards can be topped up as many times as desired up to the limit assigned by the HOLDER, unless the contracted product is a gift, instant, or virtual card, in which case only a single top-up can be made.

The HOLDER can top up the card through the following channels:

1. Within the website corresponding to each product, in the "Client Area" section, by debiting a financial card.

2. By bank transfer

3. In cash, at the top-up points enabled by PECUNPAY 4. By any other procedure that may be established by PECUNPAY.

2.9. CASH WITHDRAWAL

The withdrawal of cash from the account will imply, on the one hand, the prior transformation of the electronic money in the account into cash and, on the other hand, the relevant entry in the HOLDER's payment account.

The payment account may not show a negative balance resulting from the transactions carried out by the HOLDER, who will therefore be obliged to have sufficient balance for each transaction requested.

If for any reason (including, but not limited to, a technical error attributable to PECUNPAY or any of its external providers) the HOLDER has a negative balance in their payment account, they agree to immediately top up the required amount to correct the negative balance. Such amounts are due without prior notification. If you fail to do so:

1. PECUNPAY may exercise its right of set-off, which will involve the use of the account balances or any other type of asset in the HOLDER's name, whether they derive from this contract or from any other legal relationship that binds the parties.

2. PECUNPAY may initiate a chargeback procedure for any specific transaction that leads to their payment account having a negative balance;

3. PECUNPAY may take debt collection measures that include, but are not limited to, sending to a debt collection agency or lawyers or filing the claim in court. PECUNPAY reserves the right to charge the HOLDER for the expenses that they reasonably incur in connection with any debt collection or enforcement efforts;

4. If PECUNPAY requests that you complete a Top-Up to correct a negative balance and the HOLDER fails to do so within 7 business days, you authorize it to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) from one of your stored Cards or user Bank Accounts.

2.10. BALANCE INQUIRY

The HOLDER may check the available balance of the card on the website/App corresponding to each product, in the "client area" section, as well as through appropriate means when available, unless the contracted product is a gift, instant, or virtual card, in which case it will be provided by the means that PECUNPAY makes available to the client at any given time.

No merchant or establishment will be able to inform you about the balance of your card.

2.11. DEPOSIT OF FUNDS

PECUNPAY states that the deposited funds will be safeguarded in accordance with the legal requirements specified in article 21.1 a) of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures.

PECUNPAY declares and expressly undertakes that said funds will not be mixed at any time with the funds of any other natural or legal person who are not clients of the payment services in whose name such funds are held.

2.12. IDENTITY VERIFICATION

THE HOLDER agrees to cooperate with all requests made by PECUNPAY or any of its third-party service providers on its behalf in connection with their Account, to identify or authenticate their identity or validate their funding sources or transactions. This may include, but is not limited to, requesting additional information that allows PECUNPAY to reasonably identify them, including requiring them to take steps to confirm ownership of their phone number or their payment instruments or verifying their information against third-party databases or through other sources.

PECUNPAY reserves the right to close, suspend, or limit access to your payment Account and/or the Payment Services if it is unable to obtain, verify such Information, or if you do not comply with its requests as set forth in the preceding paragraph.

PECUNPAY may confidentially verify the information you provide or obtain information about you through third parties from secure databases. The HOLDER confirms that they give their consent to PECUNPAY or a third party on its behalf to carry out such verifications.

THE HOLDER must ensure that the information in their account is always accurate and up-to-date. If at any time PECUNPAY believes that your information is outdated or inaccurate, it may contact the HOLDER and request more information or ask you to go through the verification process again. PECUNPAY will not be liable for any loss arising from your failure to keep the information up-to-date.

2.13. MINORS OR PERSONS WITH LIMITED LEGAL CAPACITY

Minors, persons subject to guardianship, and, in general, those persons with limited legal capacity, must declare this circumstance and, in turn, exhibit the documentation that empowers them to obtain the card.

PECUNPAY will not be responsible for the breach of this obligation to the extent that it has observed the legally required precautions to verify the identity and circumstances of the HOLDER.

2.14. USE ABROAD

For the debiting of sums arising from the use of the card abroad, the exchange rate to euros from the currency of the country of origin of the transaction corresponding to the day on which PECUNPAY has paid the amount of the transaction will be applied.

The exchange to euros from the currency will be increased by the fees that PECUNPAY has established for transactions carried out abroad.

The HOLDER will be subject to the current legislation governing the limits set by the competent monetary authorities for expenses abroad, as well as the exchange control regime, and on the declarations they are obliged to make. The HOLDER will be responsible for non-compliance with said regulations, and no liability can be imputed to PECUNPAY. The expenses incurred, if any, must be justified by the HOLDER to the authorities that require it, without any liability being imputed to PECUNPAY for the HOLDER's non-compliance.

2.15. PERSONAL IDENTIFICATION NUMBER (PIN)

With the issuance of the card, PECUNPAY will provide a Personal Identification Number (PIN), which the HOLDER, if applicable, can change and which will be required for any use of the card by the provider of the good or service, in order to prove that they are the legitimate HOLDER.

Said PIN will be requested by the HOLDER through the website/App corresponding to each product, in the "client area" section, except when the contracted product is a gift, instant, or virtual card, in which case it will be provided through the channels that PECUNPAY makes available to the client at any given time.

If the unique identifier provided by the payment service user is incorrect, the provider will not be responsible for the non-execution or defective execution of the payment transaction.

2.16. OBLIGATIONS OF THE HOLDER

The HOLDER undertakes to:

a) Comply with the conditions of use stipulated in this contract and, in general, use the payment instrument in accordance with the conditions governing its issuance and use.

b) Accept as proof of the transactions those previously mentioned, whether carried out by the HOLDER or by third parties, with or without their authorization.

c) Immediately notify PECUNPAY of any irregularity in the transaction records that appear to have been made with the card. d) Be responsible for the accuracy and keep their data updated. e) Comply, in a timely manner, with the requirements made by PECUNPAY. f) Sign the card immediately if there is a space provided for this purpose. g) Ensure the security of the use and disposal of the card, in particular, keep the Personal Identification Number and, in general, any personalized security credentials secret.

h) Immediately notify PECUNPAY of the loss, misplacement, theft, misappropriation, or forgery of the card through the telephone numbers listed on the card itself.

i) Destroy or deliver to PECUNPAY the card that has expired or has been replaced.

2.17. OBLIGATIONS OF PECUNPAY

PECUNPAY undertakes to:

a) Cancel expired cards, as well as those reported as destroyed, stolen, or lost.

b) Keep the Personal Identification Number secret.

c) Inform the HOLDERS about the operation, the status of the accounts and statements, the movements made through the card, and resolve any doubts they may have.

d) Refrain from sending payment instruments that have not been requested, except in the case of replacing a payment instrument already delivered to the payment service user.

This replacement may be based on the incorporation of new functionalities into the payment instrument, not expressly requested by the HOLDER. This replacement will be free of charge for the HOLDER.

e) Ensure that at all times there are adequate and free means available to allow the payment service user to make the communication in case of loss, theft, or misappropriation of the payment instrument or its unauthorized use.

f) Ensure that at all times there are adequate and free means available to allow the payment service user to request the unblocking or replacement of the payment instrument, in case the reasons for blocking its use have ceased.

g) Prevent any use of the payment instrument once the user has notified them of the loss, theft, or unauthorized use of the payment instrument.

2.18. DISCLAIMER OF LIABILITY

PECUNPAY shall be exempt from liability with respect to those transactions that, even if against the will of the payer, have been carried out as a result of an order received by PECUNPAY for whose authentication the established security requirements have been met.

The use of the PIN by a person other than the HOLDER presupposes gross negligence or, where applicable, fraud on their part.

PECUNPAY, without prejudice to adopting the measures it deems pertinent, is exempt from liability in case of lack of attention to its card by any of the merchants, banks, and savings banks committed to the sale of goods or provision of services, or for technical or operational incidents at ATMs.

PECUNPAY will also remain extraneous to the incidents and liabilities that may arise from the transaction carried out between the establishment and the card HOLDER.

PECUNPAY excludes from its scope of application the Visa Global Zero Liability Policy, submitting to the current European regulations on the matter.

The liability regime of the payer will apply in the event of unauthorized payment transactions that, in each case, regulate the applicable legislation on the matter. Specifically, the HOLDER who is not a consumer or micro-enterprise in the terms established in Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures, will be obliged to bear the losses derived from unauthorized payment transactions resulting from the use of the lost, stolen, or misappropriated payment instrument by a third party, until they communicate the loss, theft, or misappropriation of the payment instrument to PECUNPAY.

Finally, only euros can be deposited into PECUNPAY accounts. Under no circumstances will it be possible to deposit Cryptocurrencies, with PECUNPAY being exempt from any type of liability related to them.

2.19. REIMBURSEMENT

PECUNPAY will reimburse, at any time, exclusively at the request of the HOLDER, the monetary value stored in their payment account. In any case, the HOLDER must send PECUNPAY a reimbursement request along with the original card through the channels enabled for this purpose.

The electronic money, by default, will be reimbursed by issuing a new electronic money card, in accordance with the fee schedule approved by PECUNPAY, in the name of the HOLDER, unless the latter indicates otherwise, in which case the HOLDER will assume the expenses generated as a result of the reimbursement and the accrued fees.

In the cases in which the HOLDER requests its reimbursement and it is not made by issuing a new card, the issuer will charge a reimbursement fee reflected in the particular conditions of each product, as well as any type of expenses generated as a consequence of the processing and execution of the reimbursement. The issuer may only charge said fees when the contract determines an end date and the HOLDER has terminated the contract prior to said date.

Notwithstanding the foregoing, the payer will not have the right to a refund when:

a) the payer has given their consent for the payment transaction to be executed directly to the payment service provider, and

b) the payment service provider or the beneficiary have provided or made available to the payer, in the agreed manner, information regarding the future payment transaction at least four weeks prior to the scheduled date.

In addition, PECUNPAY's liability will be excluded in the case of unauthorized payment transactions, if the payment instrument is used anonymously or the payment service provider is unable, for other reasons intrinsic to the payment instrument itself, to prove that the payment transaction was authorized, following what is established in article 34.2.a) of Law 19/2018.

Likewise, PECUNPAY would not have to prove, in these cases, that the payments made were made by an authentic order, if the payment instrument is used anonymously or the payment service provider is unable, for other reasons intrinsic to the payment instrument itself, to prove that the payment transaction was authorized, as determined in article 34.2.b) of Law 19/2018.

2.20. CONSULTATION OF STATEMENTS AND TRANSACTIONS

PECUNPAY is exclusively responsible for the truthfulness and accuracy of the information regarding the account statements it manages and never for the information that any other company or third party external to PECUNPAY may provide to the HOLDER, by any means, in the event of discrepancies in the requested information.

3. APPLICABLE LAW AND SUBMISSION TO JURISDICTION

This Agreement shall be interpreted and fulfilled in its own terms and, in what is not foreseen, it shall be governed by the current Spanish legislation on the matter, with the obligations and responsibilities of the parties being adjusted to it.

The parties submit to the jurisdiction of the Courts and Tribunals of Madrid Capital for any question relating to the interpretation, fulfillment, or execution of this

Agreement, with express waiver of any other jurisdiction that may correspond to them, unless the HOLDER has the status of a consumer, in which case the rules on the determination of jurisdiction regulated in the current legislation will apply.

And in proof of conformity, the parties sign this Electronic Money Service Provision Agreement.

4. FEES

The fees that apply in each case are informed at the time of contracting on the website https://www.pecunpay.es/Tarifas.pdf of the Electronic Money Institution PECUNIA CARDS E.D.E., S.L.U., a company incorporated in Madrid, with its registered office at Calle Guzmán El Bueno, No. 133 – Edificio América – Bajo B – 28003 Madrid (Spain) and C.I.F. B86972346, the latter being applicable in case of contradiction, which the intervening parties declare to receive or know at this time and accept.

PECUNPAY, as the predisposing party, has expressly and previously informed the HOLDER and, where appropriate, the AUTHORIZED USERS, as adhering parties, of the existence of the general conditions that are related in this document.

PECUNIA CARDS EDE, S.L.U. NIF: B86972346

Registered in the Mercantile Registry of Madrid: T. 32368, F. 1, S. M-582661, 1st Entry, Bank of Spain Registry: 6707