Terms of Use

For the purposes of these Terms of Use, the following terms have the meanings below:

• TupiCart — trade name of the hosted checkout platform operated by FLOWBORDER LLC, a company incorporated in the United States of America.
• Merchant — an individual or legal entity that signs up to the TupiCart platform to process payments in their store or business.
• Buyer — the end consumer who makes a purchase through a TupiCart checkout.
• Payment Gateway — third-party providers integrated with the platform (e.g., Stripe, Adyen, Airwallex, PayPal, Mercado Pago), responsible for authorizing and settling transactions.
• Platform — the set of services, APIs, interfaces and infrastructure provided by TupiCart.
• Transaction — any payment operation initiated and processed by TupiCart on behalf of the Merchant.

By signing up for, accessing or using any feature of the TupiCart Platform, the Merchant declares that they have read, understood and agreed to these Terms of Use and to the Privacy Policy.

If the Merchant does not agree with any provision herein, they must refrain from using the Platform.

TupiCart reserves the right to update these Terms at any time. Material changes will be communicated by email or by notice on the Platform at least 10 (ten) days in advance. Continued use after the notice constitutes acceptance of the new conditions.

TupiCart offers a hosted checkout platform that allows the Merchant to:

• Publish a checkout on their own domain (e.g., checkout.yourstore.com);
• Connect multiple payment gateways and operate smart transaction routing;
• Integrate with e-commerce platforms (Shopify, WooCommerce, Wix, Nuvemshop, Yampi, among others);
• Access a unified dashboard with conversion, approval and chargeback analytics.

TupiCart acts as a technology intermediary between the Merchant and the Payment Gateways. The financial settlement of sales is carried out directly by the gateways contracted by the Merchant, not by TupiCart.

By using the Platform, the Merchant agrees to:

• Operate only lawful businesses, in compliance with the laws of the country of operation;
• Not use the Platform to process payments for prohibited activities (see Section 6);
• Keep their registration data up to date, including banking and tax information;
• Ensure that Buyers are informed, before purchase, of prices, product descriptions, delivery times and the cancellation/refund policy;
• Fully comply with the Terms of Use of the payment gateways they use together with TupiCart;
• Not reproduce, copy, sell, resell or exploit any part of the Platform without TupiCart's express authorization;
• Not reverse engineer, decompile or attempt to extract the Platform's source code.

Using the Platform to process payments related to the following is expressly forbidden:

• Illegal gambling or unregulated betting;
• Unlicensed adult content;
• Regulated products or services without the proper license (firearms, controlled medicines, etc.);
• Pyramid schemes, Ponzi schemes or any financial fraud;
• Infringement of intellectual property rights;
• Any activity that violates applicable national or international laws.

TupiCart reserves the right to immediately suspend any account that, at its discretion, violates these prohibitions.

To the maximum extent permitted by applicable law, TupiCart shall not be liable for:

• Losses arising from failures of third-party payment gateways;
• Chargebacks, disputes or refunds initiated by Buyers with the gateways;
• Indirect damages, lost profits, data loss or reputational damage suffered by the Merchant;
• Interruptions caused by force majeure, cyberattacks (DDoS, etc.) or third-party infrastructure failures (AWS, Cloudflare, etc.);
• Errors or omissions in the information provided by the Merchant when setting up products, prices or checkout configurations.

TupiCart's total liability to the Merchant, under any circumstances, is limited to the amount paid by the Merchant to the Platform in the 3 (three) months preceding the event that gave rise to the damage.

All rights to the TupiCart Platform — including software, brand, logo, design, texts and documentation — belong exclusively to FLOWBORDER LLC.

The Merchant receives a limited, non-exclusive, non-transferable and revocable license to use the Platform solely for the purposes set forth in these Terms.