Exhibit I

Obligations regarding the Card or Payment Schemes

  1. General Requirements - Accepted Card or Payment Schemes

 

  • PagSeguro will enable End Users to purchase Products using payment instruments issued under certain Card or Payment Schemes (“Accepted Payment Schemes”). In order to enable the acceptance of such payment instruments, the Merchant, as appropriate, shall comply with the rules and regulations of the respective Accepted Payment Schemes (“Payment Schemes Rules”), as part of the Regulatory Requirements.

 

  • The Merchant undertakes to adhere to the policies, comply with acceptance procedures and all applicable obligations under the Payment Schemes Rules and all applicable laws and regulations, and will indemnify PagSeguro for any breach of said rules.

 

  • The Merchant represents that its activities do not involve any service and/or product that is prohibited and/or vetoed by the Payment Schemes Rules such as, but not limited to, products that claim or imply to have a similar effect to prescription drugs, controlled substances or street drugs.

 

  • The Merchant undertakes to comply with all applicable laws, regulations and contractual obligations applicable to the conduction of its business.

 

  • Any funds paid to the Merchant using the payment instruments are directly linked to legal and valid sales of Products.

 

  • The Merchant shall not require the End User to waive its rights to dispute any payment transaction or to request a Chargeback.

 

  • The Merchant acknowledges that, where applicable according to applicable regulations, the Payment Schemes Rules applicable to merchants shall apply to them and shall be complied with.

 

  • The Merchant is entitled to elect its domicile institution, which must be previously informed in writing to PagSeguro.

 

 

  1. Specific Anti-Corruption Provisions

 

  • The Merchant represents and warrants that it is not listed, as well as its representatives, officers, directors, partners, employees and customers are not listed: (i) on the UN Security Council financial sanctions lists, (ii) on European Union or United Kingdom Treasury lists, and (iii) on any United States Government, European Union or United Kingdom Treasury lists, including the Specially Designated Nationals and Blocked Person List issued by OFAC - Office of Foreign Assets Control.

 

  • The Merchant represents and warrants that it does not engage in any activity in a jurisdiction subject to OFAC sanctions or in relation to customers subject to commercial embargoes imposed, administered or enforced by the United States government or other applicable laws.

 

  • The Merchant declares that carries out legitimate business transactions, that are, suitable and verifiable, and that do not constitute any illegality and/or violate any legal, regulatory or contractual provisions set forth on the Payment Schemes Rules.

 

  1. PCI Certification

 

  • If required by the Payment Schemes Rules, the Merchant shall comply with the Payment Card Industry Data Security Standard (PCI DSS), which is a component of the data protection program and establishes payment industry security standards.

 

  1. Audit and access to information

 

  • The Merchant agrees with the conduction of investigations, audits, and inspections by PagSeguro, the Accepted Payment Schemes arrangers, other payment facilitators and/or acquirers, and third parties appointed by such parties, in order to verify if the Merchant is complying with the applicable Payment Schemes Rules and the respective legal, regulatory and contractual obligations. The investigations, audits, and inspections set forth in this item will be performed upon prior notification by PagSeguro to the Merchant.

 

  • The Merchant is aware and agrees that PagSeguro may conduct credit checks, background investigations, verification of references and validation of the business address and other information provided by the Merchant.

 

  • If credit checks raise questions or do not provide enough information, the Merchant agrees that PagSeguro may conduct credit checks on (i) all the Merchant quota holders/shareholders, in the case of limited liability, closely held corporations and/or individual companies; or (ii) the Merchant's controlling shareholders, in the case of openly held corporations.

 

  • The Merchant undertakes to promptly make available to PagSeguro, the Accepted Payment Schemes arrangers, any other payment facilitators and/or acquirers, as well as by third parties appointed by such parties, information that may be requested to verify the compliance with the applicable Payment Schemes Rules and their legal, regulatory and contractual obligations.

 

  • The Merchant will provide PagSeguro a complete description of the products and services provided.

 

  • The Merchant hereby agrees with the sharing of its information by PagSeguro, as appropriate, to acquirers and Accepted Payment Schemes arrangers.

 

  1. Confidentiality and records kept by PagSeguro

 

The Merchant authorizes PagSeguro to keep a complete file containing its records and all information related to an investigation, if applicable, during the term of the Agreement and for at least ten (10) years period after the termination of this Agreement or the maximum period as stated by the applicable law or regulation, in both cases according to the maximum extent permitted by the applicable law.

 

  1. Data protection and information security

 

  • The Merchant represents and warrants that it is aware and will comply with the local data protection laws applicable in each country where it operates, Brazilian Law No. 13,709 as of August 14, 2018 (“LGPD”) as well as comply with all data protection policies set forth in the Payment Schemes Rules. This includes (if so required by the law of the Territory): (i) registering a Personal Data Bank of End Users before the competent authority; (ii) inform End Users about the processing conditions of their Personal Data, including the transfer of their Personal Data to PagSeguro to carry out their purchases; (iii) arrange legal, organizational and technical security measures; and (iv) implement a channel for End Users to exercise their privacy rights.

 

  • The Merchant undertakes to report immediately to PagSeguro all incidents and/or information security vulnerabilities, in any case no later than within 24 (twenty-four) hours after the incident is discovered.

 

  1. Use of trademarks

 

  • The Merchant undertakes to comply with all obligations relating to the use of the Accepted Payment Schemes trademarks.

 

  • The Merchant agrees that the Accepted Payment Schemes arrangers are the sole and exclusive owners of their respective trademarks, copyrights, intellectual property and industrial property. Accordingly, the Merchant undertakes to preserve such rights, not to misuse them and not to claim any rights that may infringe the rights of the Accepted Payment Schemes arrangers provided for in the Payment Schemes Rules. Merchant shall not apply for any patent, trademark registration, domain name, copyright registration or other intellectual property right in contravention of this paragraph.

 

  • The Merchant represents and warrants that it is not engaged in any illegal or potentially illegal marketing practices that may affect the trademarks of PagSeguro or the Accepted Payment Schemes arrangers and will adhere to the trademark protection policies set forth in the Payment Schemes Rules.

 

  • The Accepted Payment Schemes arrangers may, at any time and with immediate effect, prohibit the Merchant to use any of the trademarks related to such Accepted Payment Schemes in the event of, without limitation, (i) breach of the rules provided for the use of the trademark or any applicable legal or regulatory provision under intellectual property and related laws; or (ii) any factual situation that may cause direct damage to the trademarks, at the sole discretion of the Accepted Payment Schemes arrangers.

 

  • PagSeguro is responsible for the payment instrument acceptance policies and procedures and may require any change to the Merchant's own website or other necessary or appropriate measure to ensure that the Merchant remains in compliance with the Payment Schemes Rules governing the use of trademarks.

 

  1. Other Payment Schemes rights

 

  • The Accepted Payment Schemes arrangers have the right to limit the acceptance of their respective payment instruments, which may adversely affect the Merchant’s sales. In this case, and to the maximum extent permitted by applicable laws, the Merchant will not be entitled to any compensation from PagSeguro or Accepted Payment Schemes arrangers for any reduction in sales due to the above limitation.

 

  • PagSeguro may immediately terminate the Agreement if: (i) fraudulent activity is identified; (ii) the Merchant violates any of the applicable Payment Schemes Rules; and (iii) upon request by an Accepted Payment Schemes arranger, an acquirer or any other payment facilitator engaged by PagSeguro.

 

8.2.1. The Accepted Payment Schemes arrangers may terminate the Agreement if, without limitation, excessive Chargeback, fraudulent activity, and/or material violation of the Payment Schemes Rules by the Merchant is found.

 

8.2.2. In the event of any breach by the Merchant to this Agreement, the Payment Schemes Rules, any applicable laws, standards and/or conventions in force, the failure to remedy such breach within ten (10) days may result in the termination of the Agreement by the Accepted Payment Schemes arrangers.

 

8.2.3. The Agreement may be terminated if PagSeguro ceases to participate of the Accepted Payment Schemes for any reason, or if the acquirer does not validate PagSeguro’s participation with the Accepted Payment Schemes.

 

8.2.4. In any event of termination of the Agreement, the Merchant shall immediately cease to use all trademarks of the Accepted Payment Schemes.

 

  • The Merchant is aware that the Accepted Payment Scheme arranger may impose any remedy or obligation set forth in the Payment Scheme Rules and to prohibit the Merchant from engaging in conducts that may cause potential harm, including damage to its reputation, or that may adversely affect the integrity of the Accepted Payment Scheme.

 

  • To the extent permitted by applicable laws, the acquirer or Accepted Payment Scheme arranger has the right to prohibit individual Merchants from participating in the Accepted Payment Scheme, as well as to immediately stop remitting transactions for any individual Merchant for a legitimate cause or upon the request of the Accepted Payment Scheme arranger. Merchant acknowledges that the prohibition referred to in this Clause 8.4 may be imposed at the acquirer or Accepted Payment Scheme arranger's sole discretion and without any interference from PagSeguro. In this context, Merchant acknowledges that PagSeguro shall not be held liable for any losses or damages that may arise from the prohibition mentioned herein.

 

  • To the maximum extent as permitted by the applicable law, the Merchant undertakes to comply with all obligations under the Payment Schemes Rules, whether now existing or to be created in the future, related to the acceptance of the respective payment instruments, risk management, compliance and any policies, programs or rules imposed by the respective Accepted Payment Schemes arrangers.

 

 

 

If necessary, the Accepted Payment Schemes arrangers are entitled to contact the Merchant directly.