TERMS AND CONDITIONS OF USE

Effective Date: June 29, 2026

Welcome to the Terms and Conditions of Use of Tower Elite LLC, a U.S. limited liability company doing business as "Recarga Rapido" and "Rapid Recharge" (collectively, "we," "us," "our," "the Company," or "Tower Elite"). These Terms govern your access to and use of our Websites, our mobile Applications, and the Services described below, regardless of the brand name or domain through which you access them.

1. ACCEPTANCE OF TERMS

The services provided through our Websites (including but not limited to www.RecargaRapido.com and www.RapidRecharge.com) (collectively, the "Websites"), as well as through our mobile applications (including but not limited to Recarga Rapido and Rapid Recharge) (collectively, the "Apps"), are subject to the following Terms of Use ("TOU").

We reserve the right to update the TOU at any time without prior notice to the user. The most recent version of the TOU can be accessed by clicking on the "Terms of Use" hyperlink located at the bottom of our Websites or within the side menu of our Apps. By using our services, you agree to comply with and be bound by these Terms of Use, including our Privacy Policy, available at https://www.recargarapido.com/politicas-de-privacidad.

A. This Agreement, which incorporates by reference other provisions applicable to the use of our Websites and Apps, including but not limited to supplementary terms and conditions outlined in this document ("Supplementary Terms") that govern the use of certain specific materials contained in our platforms, establishes the terms and conditions that apply to the User's use of our Websites and Apps. By using our services (beyond reading this Agreement for the first time), the User agrees to comply with all the terms and conditions herein.

B. We reserve the right, at any time, to modify or discontinue any aspect or feature of our Websites and Apps, including but not limited to pricing, fees, content, availability hours, and the equipment necessary for access or use.

2. MODIFICATIONS TO THE TERMS

We reserve the right to change or modify the terms and conditions governing the User's use of our Websites and Apps at any time or to impose new conditions, including but not limited to introducing fees and charges for usage. Such changes, modifications, additions, or deletions will take effect immediately upon notification, which may be carried out through various means, including but not limited to publication on our Websites or Apps, email, or any other method by which the User is informed.

Any use of our Websites or Apps by the User after such notification will be considered as acceptance of the changes, modifications, or additions.

3. DESCRIPTION OF SERVICES

Through our Websites and Apps, the Company provides Users with access to a portfolio of products and services, including without limitation: mobile top-ups, international calls, SMS messaging, the purchase of physical goods for delivery to recipients located in different countries or regions, in-destination experiences and tours, and digital gift cards (collectively, the "Services"). The Services, including any updates, enhancements, new features, or additions of new functionalities, are subject to these Terms of Use, to any Service-specific terms expressly referenced below, and to any operational policies published from time to time on the Websites or Apps. Availability of any particular Service may vary by jurisdiction, partner, destination, and time, and the Company makes no guarantee that any specific Service will be available at any specific moment or in any specific location.

3.1 Mobile Top-Ups

The Company offers a mobile top-up service ("Mobile Top-Ups") that allows the User to send airtime, data bundles, voice or text packages, or other prepaid credit to a designated mobile phone number serviced by a third-party mobile network operator ("Mobile Carrier") in a supported destination country. The list of supported destination countries, Mobile Carriers, products, and denominations is determined by the Company and the Company's upstream wholesale providers and is subject to change without notice.

To initiate a Mobile Top-Up the User must (i) enter the destination mobile phone number in the format required for the destination country, (ii) select the Mobile Carrier where required and the desired product or denomination, and (iii) authorize payment in the currency disclosed at checkout. The User is solely responsible for the accuracy of the destination number, the selected Mobile Carrier, and the selected denomination. The price displayed at checkout is the price the User will be charged and is final upon confirmation; the corresponding amount credited to the destination subscriber may be displayed in the destination currency and is determined by the Mobile Carrier and its currency-conversion policies.

Mobile Top-Ups are processed in real time. Once the Mobile Top-Up has been transmitted to and accepted by the Mobile Carrier, the transaction is irrevocable and may not be cancelled, returned, or refunded, except as expressly provided in Section 7 or as required by applicable law. The Company is not the Mobile Carrier and has no control over the underlying telecommunications service provided to the destination subscriber. The Mobile Carrier is solely responsible to the User and to the destination subscriber for the provision, quality, and pricing of any mobile services activated, replenished, or extended as a result of the Mobile Top-Up.

Where a Mobile Top-Up fails to be delivered solely as a result of a malfunction in the Company's platform or in an upstream wholesale provider's platform, and provided that the User has complied with these Terms, has used the Service correctly, and has not engaged in fraud, falsehood, or negligence, the Company will use commercially reasonable efforts to redeliver the Mobile Top-Up or, where redelivery is not possible, to issue a refund or credit in accordance with Section 7. The Company's responsibility for a failed or defective Mobile Top-Up shall in all cases be limited to the amount of the failed Mobile Top-Up and shall be subject to the aggregate liability cap in Section 31E.

The Company is not responsible for delivery failures caused by, including without limitation: the User's entry of an incorrect destination number or incorrect Mobile Carrier; the destination number being inactive, suspended, blocked, ported, or out of coverage; the destination number's incompatibility with the selected product; restrictions imposed by the Mobile Carrier on the type or value of top-ups it accepts; regulatory restrictions in the destination country; or any other circumstance described in Section 20.8.

3.2 International Calls

The Company offers an international calling service ("International Calls") that allows the User to place calls from supported origin countries to destination phone numbers in supported countries, using the Apps, the Websites, or, where offered, a callback or access-number flow. International Calls within the United States are provided pursuant to a Section 214 authorization held by Tower Elite LLC at the Federal Communications Commission ("FCC"); the User acknowledges that International Calls originating or terminating outside the United States are subject to the laws and regulatory regimes of the applicable jurisdictions.

Per-minute rates and any connection fees applicable to International Calls are displayed in the Apps and on the Websites and may change from time to time; the rate in effect at the time the User initiates the call is the rate that will be applied. International Calls are billed against the User's prepaid balance, against a Payment Instrument on file, or against any other accepted form of payment, in the increments and rounding policy disclosed at the time of the call. Connection charges, if any, will be disclosed prior to the User initiating the call.

The Company does not warrant or guarantee continuous, uninterrupted, or error-free voice service. Call quality, completion, and audio fidelity depend on factors outside the Company's control, including the User's device, internet connectivity, the originating and terminating carriers, intermediate carriers, and the destination network. The Company shall not be liable for call quality issues, dropped calls, delays, or completion failures attributable to such third-party carriers or network conditions, and any claim regarding voice quality must be raised in accordance with Section 7.2(B).

Calls to certain destinations, premium-rate numbers, satellite numbers, or special-service numbers may be blocked, restricted, or surcharged at the Company's discretion or as required by law. The Company may also impose reasonable use limits to deter fraud, traffic pumping, machine-generated calling, telemarketing in violation of applicable law, or other abusive use, and may suspend or terminate access pursuant to Section 21.

The Company does not provide 911 or other emergency calling services, and the International Calls Service must not be relied upon for emergency calling. The User is responsible for maintaining an alternative means of contacting emergency services.

3.3 SMS Services

The Company offers an SMS messaging service ("SMS Services") that allows the User to send text messages from supported origin countries to destination mobile phone numbers in supported countries through the Apps and the Websites. Per-message rates, length limits, character-set restrictions, and supported destination operators are determined by the Company and its upstream messaging providers and are subject to change.

An SMS message is deemed successfully sent when it has been accepted by the destination mobile operator's gateway without error. The Company shall not be liable for any final-mile delivery failure attributable to the destination operator, including without limitation failures arising from: invalid or inactive destination numbers; numbers belonging to networks that the Company's upstream providers do not support; numbers blocked by the destination operator's spam, A2P, or sender-ID filters; restrictions imposed by the destination country on cross-border messaging; or any other circumstance described in Section 20.8.

The User shall not use the SMS Services to send messages that violate Section 11 (Prohibited Uses) or any other provision of these Terms. Without limiting the foregoing, the User shall not use the SMS Services to send: unsolicited commercial messages, bulk advertising, political messaging, fundraising solicitations, or any message in violation of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act as applied to mobile messaging, the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, or any analogous law of the destination country. The Company may filter, block, throttle, or refuse to deliver any message that, in the Company's reasonable judgment, may violate these Terms or applicable law, without notice and without liability.

In the event of a confirmed delivery failure caused by a malfunction in the Company's platform, the User's sole remedy shall be a credit or refund in accordance with Section 7.2(C).

3.4 Promotions and Promotional Codes

The Company may, from time to time, offer promotions, discounts, bonuses, referral programs, loyalty programs, or promotional codes ("Promotions") through the Websites and Apps. Each Promotion is subject to the additional terms, conditions, eligibility criteria, restrictions, validity period, redemption mechanics, and limits expressly stated on the Promotion's landing page, in the Promotion's email or push notification, or otherwise made available to the User at the time of the Promotion. Where any Promotion terms conflict with these Terms of Use, the Promotion terms shall control with respect to the subject matter of the Promotion.

The Company reserves the right to modify, add, remove, suspend, or terminate any Promotion at any time, with or without notice, and to revoke any Promotion benefit (including bonuses, credits, gift cards, or refunds derived from a Promotion) that, in the Company's reasonable judgment, has been obtained through abuse, fraud, multi-account schemes, breach of these Terms, breach of the Promotion's terms, or violation of applicable law. Promotional benefits have no cash value, are not transferable, and may not be combined with other Promotions except where expressly permitted.

3.5 Third-Party Services Disclaimer

The Company acts solely as an intermediary or as a merchant of record in facilitating Mobile Top-Ups, International Calls, SMS Services, Market orders, Experiences, Gift Cards, and any other Service between the User and the relevant third-party Mobile Carrier, telecommunications provider, messaging provider, Fulfillment Partner, Experience Provider, Experience Aggregator, Issuer, Processor, or other supplier (each, a "Third-Party Provider"). The Company does not own, operate, control, or supervise the underlying networks, platforms, inventories, or service-delivery infrastructure of any Third-Party Provider. To the maximum extent permitted by applicable law, the Company shall not be liable for the acts, omissions, performance, conduct, quality, fitness, or compliance of any Third-Party Provider, and any claim regarding the quality, delivery, redemption, or availability of a Third-Party Provider's service or product must be directed to the relevant Third-Party Provider in addition to any claim made against the Company under these Terms.

4. ACCOUNT CREATION, ELIGIBILITY, AND SECURITY

If any of our Services require the User to open an account, the User must complete the registration process by providing us with current, complete, and accurate information as requested in the applicable registration form. The User will also be required to choose a username and password. The User is entirely responsible for maintaining the confidentiality of their password and account credentials and is fully responsible for all activities that occur under their account.

The User agrees to notify us immediately of any unauthorized use of their account or any other breach of security. We are not liable for any loss that the User may incur as a result of someone else using their password or account, whether with or without the User's knowledge. However, the User may be held liable for losses incurred by us or by any third party due to someone else's use of their account or password.

The User may not use another person's account at any time without the explicit permission of the account holder.

All personal data provided during the account creation process, including but not limited to name, email, phone number, and billing information, will be collected and processed in accordance with our Privacy Policy, available at https://www.recargarapido.com/politicas-de-privacidad.

The Services are intended solely for individuals who are 18 years of age or older. By using our Services, the User represents and warrants that they are at least 18 years old. We do not knowingly collect personal information from individuals under the age of 18. If you are under 18, you must not use or access our Services.

5. PAYMENTS AND CURRENCY PROCESSING

Payments made and authorized by Users through our Services will be processed in United States Dollars (USD). For Users whose payment cards are issued in other currencies, the charge will still be processed in USD, and the User may incur additional fees imposed by their issuing bank.

Users located in certain countries will have their payments processed in Euros (EUR), and such Users will be responsible for paying the full amount reflected on the payment page in that currency. Countries required to pay in EUR include, but are not limited to: Germany, Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, and all countries not located within the Americas (North America, South America, and the Caribbean).

6. IDENTITY, PAYMENT METHOD, AND FRAUD VERIFICATION

The User agrees to verify the User's identity and the legitimate origin of any Payment Instrument used to purchase Services through our platform. The Company may, at any time and without prior notice, require any or all of the following verifications, and the User agrees to cooperate in good faith:

  • Automated bot and abuse mitigation. The Company uses Cloudflare Turnstile, device fingerprinting, IP-reputation signals, behavioral signals, and other automated controls on the Websites and the Apps to deter automated attacks, credential stuffing, account takeover, and fraudulent transactions. By using the Services, the User consents to the deployment of such controls and to the processing of related signals in accordance with the Privacy Policy referenced in Section 26.
  • Micro-charge card-ownership check. To confirm that the User is the lawful holder of the Payment Instrument, the Company may place a temporary authorization or small charge of a random amount on the Payment Instrument, and the User may be required to confirm the exact amount charged. This charge is for verification purposes only and shall be reversed, refunded, or released automatically upon successful verification or within forty-eight (48) hours.
  • 3-D Secure and step-up authentication. Transactions may be routed through 3-D Secure (such as Visa Secure, Mastercard Identity Check, or American Express SafeKey) or other step-up authentication mechanisms required by the relevant card network, issuing bank, or applicable law. The User agrees to complete any such authentication challenge presented at checkout. A failure to authenticate may result in the Transaction being declined.
  • Identity documentation. The Company may request additional information or documentation to verify the User's identity, including a government-issued photo identification document (passport, driver's license, or national ID), proof of address, the cardholder's billing address, a photograph of the User holding the Payment Instrument or identification document, or any other document reasonably required to comply with applicable law, Know-Your-Customer rules, anti-money-laundering rules, or the Company's risk policies.
  • Source-of-funds inquiry. Where the size, frequency, geography, or pattern of a User's Transactions reasonably warrants it, the Company may request information about the source of the funds used to pay for the Services.

The Company may decline, hold, suspend, reverse, or refund a Transaction, and may suspend or terminate the User's account in accordance with Section 21, if the User refuses or fails to complete any verification step within a reasonable time, if any information provided is found to be false, inaccurate, or incomplete, or if the Company reasonably suspects fraud, identity theft, or unauthorized use of a Payment Instrument.

7. REFUNDS, CANCELLATIONS, AND CHARGEBACKS

7.1 General Terms and Eligibility for Refunds

We will only process refunds in cases where services—such as mobile top-ups, international calling minutes, or SMS transmissions—have been incorrectly billed or demonstrably not completed due to reasons attributable to our systems or operations.

All refund requests are subject to internal verification and must be supported by verifiable evidence. The determination of whether a refund is warranted shall be made at our sole discretion, and such determination shall be final.

Services that have been successfully processed and delivered, as confirmed by our systems and/or third-party providers, are not eligible for refund under any circumstance.

Any payment that has not been applied to a transaction or service may be refundable within a maximum period of ninety (90) calendar days from the original payment date (the "Refund Period"). No refunds shall be granted after this period, regardless of cause. However, the credit will remain available in the User's account for future use until fully consumed.

If a User voluntarily discontinues use of our Services, any remaining balance in their account may only be refunded to the original payment method, and only if the request is made within the Refund Period. We reserve the right to deduct applicable administrative fees from such refund.

All refund requests and any personal information submitted in connection therewith will be processed in accordance with our Privacy Policy, available at https://www.recargarapido.com/politicas-de-privacidad.

7.2 Service-Specific Refund Provisions

A. Mobile Top-Ups: Mobile top-up transactions are executed in real-time and are irreversible once confirmed by the receiving operator. We bear no responsibility for errors caused by the User, including but not limited to entering an incorrect mobile number, country code, or choosing the wrong operator.

Top-ups confirmed by the destination operator are strictly non-refundable. If a technical failure attributable to our platform or upstream provider results in a failed delivery, the User may be entitled to a full or partial refund, subject to internal validation.

B. International Calls: In cases where call quality or connection issues occur due to technical failures within our platform or upstream carriers, the User may request a service review. Such requests must be submitted within twenty-four (24) hours of the affected call.

Completed calls, including those with poor audio quality due to third-party network conditions or user-side issues, are not eligible for refund. We make no warranties regarding voice quality or connection stability outside of our control.

C. SMS Services: Once a message is transmitted to the destination mobile operator and accepted without error, it is deemed successfully delivered. We shall not be held liable for final delivery by the operator or for failed deliveries caused by invalid numbers, blocked destinations, spam filters, or network limitations.

In the event of a confirmed delivery failure due to a technical error on our platform, the User may be issued a credit or refund, at our sole discretion.

7.3 Refund Request Procedure

To request a refund, the User must contact our Customer Support team and provide:

  • The transaction or order reference number;
  • A clear and factual description of the issue encountered;
  • Any supporting documentation or evidence, as requested.

We will acknowledge receipt and respond within five (5) business days. If the refund is approved, it will be issued to the original payment method or credited to the User's account, as determined by us.

We reserve the right to deny refund requests in cases of repeated claims, abusive behavior, suspected fraud, or where User negligence is identified. Administrative fees may apply.

Once a refund is issued by us, it may take 7 to 10 business days to appear in the User's account, depending on their bank or payment provider. We shall not be held liable for any delays, fees, or deductions applied by third-party financial institutions.

7.4 Chargeback Claims

In the event that a User initiates a chargeback with their financial institution, we reserve the right to immediately suspend access to the User's account, pending the outcome of the investigation.

If the chargeback is resolved in our favor, we reserve the right to:

  • Recover the disputed amount by deducting it from the User's account balance;
  • Permanently restrict access to certain services or features;
  • Terminate the User's account in cases of repeated or unjustified chargebacks.

7.5 Market Orders

Once a Market order has been submitted and confirmed, it cannot be changed or canceled. Refunds will only be granted in the following cases:

  • The recipient refuses delivery due to damaged, defective, or incorrect items.
  • The refusal is documented at the time of delivery and reported to us within 24 hours.
  • After review, the claim is validated with the Fulfillment Partner.

Approved refunds may be issued as credit or back to the original payment method, at our discretion. Refunds will not be processed for delays, dissatisfaction after acceptance, or recipient unavailability.

7.6 Outstanding Charges and Collection Costs

The User agrees to pay, on demand, any and all amounts owed to the Company in connection with the Services, including without limitation: (a) the Transaction Amount for any Service that has been initiated, processed, or delivered for the User's benefit; (b) any chargeback, non-sufficient-funds, return, retrieval, or reversal fees imposed on the Company by a card network, bank, payment processor, or other financial institution as a result of a Payment Instrument issued by, or used by or on behalf of, the User; (c) any amount equal to a chargeback or reversal that is later determined to have been unjustified, that the Company has reimbursed, refunded, or otherwise paid out, or for which the underlying Service was successfully delivered; (d) any taxes, duties, levies, or governmental charges payable in connection with a Service that have not been collected at the time of payment; and (e) any negative balance, overdraft, or shortfall arising from the User's use of stored balance, credits, promotions, or refunds.

Where the Company is required to take steps to collect any amount owed by the User, the User agrees to reimburse the Company for all reasonable costs and expenses incurred in connection with such collection, including without limitation reasonable attorneys' fees, court costs and filing fees, costs of arbitration, costs of third-party collection agencies, costs of investigators or expert witnesses, and any interest accrued at the lesser of (i) one and one-half percent (1.5%) per month or (ii) the maximum rate permitted by applicable law, in each case calculated from the date the amount became due until paid in full.

The Company may, at its sole discretion and to the extent permitted by applicable law: (i) set off any amount owed by the User against any balance, credit, refund, gift card, voucher, or other amount otherwise payable by the Company to the User; (ii) deduct any such amount from any pending or future refund issued to the User; (iii) suspend, restrict, downgrade, or terminate the User's account or any of the Services pending payment in full; (iv) restrict or refuse to accept certain Payment Instruments from the User if any prior payment by the User has failed to result in the Company's receipt of the full amount payable; and (v) report unpaid balances to credit bureaus or collection agencies to the extent permitted by law.

Nothing in this Section 7.6 limits the Company's other rights or remedies under these Terms of Use, the dispute-resolution procedures in Section 27, or applicable law.

8. DIGITAL RECEIPT AS FINAL EVIDENCE

Our email confirmation and/or on-screen transaction receipt shall serve as the final and binding proof that the Service was delivered. Users are responsible for maintaining a copy of their transaction receipts for their records. In the event of a dispute or chargeback, this confirmation may be used as evidence of fulfillment.

9. USER RESPONSIBILITY FOR EQUIPMENT AND ACCESS

The User shall be responsible for obtaining and maintaining all telephone, hardware, software, and other equipment necessary to access and use our Websites and Apps, as well as for any related charges incurred in connection with such access and use.

10. ACCEPTABLE USE OF SERVICES

This Section 10 sets out the rules of conduct that apply to the User's access to and use of the Websites, the Apps, and the Services, and to any communication the User transmits through the Services (including, without limitation, the text of an SMS message addressed by the User to a Recipient through the SMS Services described in Section 3.3, and any feedback, comment, suggestion, or other communication the User voluntarily sends to the Company). By way of example, and not limitation, the User agrees not to:

  • Send unsolicited or fraudulent messages, including bulk SMS, spam, chain letters, pyramid schemes, or any duplicate or unwanted messages, whether commercial or otherwise.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (including privacy and publicity rights) of any other person.
  • Transmit any message, request, or other communication that is inappropriate, profane, defamatory, obscene, indecent, or illegal in any applicable jurisdiction.
  • Transmit any message, request, or other communication that infringes the intellectual-property rights, privacy rights, or publicity rights of any third party.
  • Restrict or inhibit any other User from using or enjoying the Services.
  • Collect or harvest information about other Users, including email addresses, telephone numbers, or other personal information, without their explicit consent.
  • Create a false identity, impersonate any person or entity, or misrepresent the User's affiliation with any person or entity.
  • Use, download, copy, or transmit, by any means, any User directory, listing, or other User or usage information made available through the Services, including by use of any automated system, bot, scraper, or script not expressly authorized by the Company in writing.

The Company is not obligated to monitor communications transmitted through the Services. However, the Company reserves the right, exercised in accordance with Section 19, to review, refuse to transmit, redact, or terminate the transmission of any such communication, and to disclose any such communication as the Company deems necessary to comply with applicable laws, regulations, legal process, governmental requests, or to protect the Company, its Users, or any third party.

11. PROHIBITED USES

The User agrees not to use our Services:

  • To circumvent sanctions, trade restrictions, or international laws;
  • To send unsolicited or fraudulent messages, including bulk SMS or spam;
  • To impersonate any person or entity, or misrepresent their affiliation;
  • To engage in abusive, illegal, harassing, or threatening behavior;
  • To facilitate the exploitation of minors or vulnerable individuals;
  • To test, scan, or breach the security of our systems or networks;
  • For any other purpose deemed harmful, illegal, or unethical at our sole discretion.
  • To use automated systems, bots, scrapers, or scripts to access, extract, or misuse our platform or data without prior written authorization.

Any such use shall result in immediate account suspension or termination, and may be reported to the appropriate authorities.

The Services are intended for personal and non-commercial use only. Any unauthorized commercial use or resale of the Services is strictly prohibited unless expressly authorized in writing.

12. USER BEHAVIOR AND CONTENT RESPONSIBILITIES

A. The User must use our Websites and Apps only for lawful purposes. The User shall not post or transmit through our platforms any material that violates or infringes in any way upon the rights of others; that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable; that encourages conduct constituting a criminal offense, gives rise to civil liability, or otherwise violates any law; or that, without our express prior written approval, contains advertising or any solicitation concerning products or services. Any conduct by a User that, in our sole discretion, restricts or inhibits any other User from using or enjoying our Services will not be permitted. The User shall not use our Websites or Apps to advertise or make any commercial solicitation, including, but not limited to, soliciting other Users to become subscribers of other online information services that compete with us.

B. Our Websites and Apps contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photographs, videos, graphics, music, and sound. All content available on our platforms is protected by copyright as a collective work under U.S. copyright laws.

C. We hold the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content itself. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works from, or otherwise exploit any part of the content, in whole or in part. The User may download copyrighted material solely for personal, non-commercial use.

D. Unless explicitly permitted by applicable copyright law, any copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material is prohibited without the express written permission of us and the applicable copyright holder. In cases where copying, redistribution, or publication of copyrighted material is permitted, no changes may be made to the material, and all author attributions, trademark notices, and copyright notices must remain intact. The User acknowledges that by downloading copyrighted material, no ownership rights are transferred or acquired.

E. The User may not upload, post, or otherwise make available on our Websites or Apps any material that is copyrighted, trademarked, or otherwise protected by intellectual property rights without the express permission of the respective copyright, trademark, or rights holder. The responsibility for determining whether any material is protected by such rights lies solely with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm arising from such submission.

F. By submitting material to any public area of our Websites or Apps, the User automatically grants, or warrants that the owner of such material has expressly granted, us the right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide, and/or to incorporate it into other works in any form, medium, or technology now known or hereafter developed, for the full term of any copyright that may exist in such material. The User also grants any other User the right to access, view, store, or reproduce the material for personal use.

G. The User hereby grants us the right to edit, copy, publish, and distribute any material made available by the User through our Websites or Apps.

H. The foregoing provisions of this Section 5 are for the benefit of us, our subsidiaries, affiliates, and third-party content providers and licensors, and each of them shall have the right to enforce and implement these provisions directly or on their own behalf.

I. Any individual located in the United States using our Services (including, but not limited to, through our Websites or Apps) represents and warrants that mobile credits are not being transferred to individuals in Cuba who are prohibited officials of the Government of Cuba, as defined in the Cuban Assets Control Regulations, 31 C.F.R. §515.337, or prohibited members of the Communist Party of Cuba, as defined in §515.338 of the regulations administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC Regulations").

13. SOFTWARE LICENSE TERMS

The mobile Apps distributed by the Company are licensed, not sold, and are governed by the Mobile Application Distribution Terms in Section 35 and by any end-user license agreement or platform-store terms that accompany them. Any other software, code, scripts, plug-ins, or tools that the Company makes available through the Websites or Apps (collectively, "Software") is a copyrighted work owned by the Company or its licensors, and the User's use of any Software is conditioned on the User's compliance with these Terms and with any specific license agreement that accompanies the Software. Except as expressly permitted by the applicable license, the User may not copy, reproduce, redistribute, modify, decompile, reverse-engineer, or create derivative works of any Software. Any disclaimers of warranty and limitations of liability set forth in Sections 31 and 35 apply to all Software.

14. USE OF HELP CONTENT AND DOCUMENTATION

The Company may publish help articles, FAQs, guides, support pages, blog posts, and similar informational content through the Websites and Apps (collectively, "Help Content"). Help Content is provided for informational purposes only, may be updated or removed at any time without notice, may contain technical inaccuracies or typographical errors, and does not constitute legal, financial, regulatory, tax, or professional advice. The User is granted a non-exclusive, non-transferable, revocable license to view and reproduce Help Content solely for the User's own personal, non-commercial reference, provided that the User retains all copyright and proprietary notices on any copies. Any other use, including redistribution, republication, framing, scraping, or commercial exploitation, requires the Company's prior written consent. Help Content is provided "as is" and subject to the disclaimers in Section 31.

15. DISCLAIMER ON SOFTWARE AND HELP CONTENT

Without limiting the disclaimers and limitations in Section 31, the User acknowledges that the Software and the Help Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, the Company and its suppliers disclaim all warranties, express or implied, in connection with the Software and the Help Content, including the implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. The aggregate liability cap in Section 31E applies to any claim arising out of or relating to the Software or the Help Content.

16. FEEDBACK AND VOLUNTARY SUBMISSIONS

A. Feedback. The User may, but is not required to, voluntarily submit comments, suggestions, ideas, feedback, error reports, feature requests, or other communications to the Company, whether through customer-support channels, in-app forms, email, telephone, or otherwise (collectively, "Feedback"). The User grants the Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, and perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, create derivative works from, and otherwise exploit the Feedback for any purpose related to the operation, promotion, or improvement of the Websites, the Apps, the Services, or the Company's business, without compensation, attribution, or accounting to the User.

B. Representations by the User. By submitting Feedback, the User represents and warrants that the Feedback (i) is the User's own and does not infringe the intellectual-property rights, privacy rights, publicity rights, or other rights of any third party, and (ii) complies with the rules of conduct set forth in Section 10 and Section 11.

C. No Confidentiality; No Obligation. Feedback is not considered confidential or proprietary, and the User shall not have any expectation of confidentiality, compensation, attribution, or accounting with respect to Feedback. The Company is not obligated to use, store, retain, respond to, or implement any Feedback.

D. No User-Generated-Content Platform. The Services are not a user-generated-content platform and do not currently provide a mechanism for the User to upload, host, publish, or display photographs, videos, reviews, ratings, comments, posts, or similar content for public or community viewing. If the Company introduces such a mechanism in the future, additional terms governing such user-generated content, including representations, warranties, indemnification, moral-rights waivers, and a Digital Millennium Copyright Act ("DMCA") notice-and-takedown procedure under 17 U.S.C. § 512, will be added to these Terms or made available alongside the relevant feature at that time.

17. EXTERNAL LINKS AND THIRD-PARTY CONTENT

Links provided within our Services may direct you away from our Websites or Apps. The linked sites are not under our control, and we are not responsible for the content of any linked site, any link contained within a linked site, or any changes or updates to such sites. We are not responsible for any transmission or any form of communication received from any linked site. These links are provided solely as a convenience, and the inclusion of any link does not imply our endorsement of the site or its content.

We act solely as a distributor—not a publisher—of content supplied by third parties and users. As such, we exercise no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including content providers or users, are those of the respective authors or distributors and not ours. Neither we nor any content provider guarantee the accuracy, completeness, or usefulness of any such content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through our Services represents the opinions and judgments of the respective content provider, user, or other unaffiliated contributor. We do not endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made on our platforms by anyone other than our authorized representatives acting in their official capacities.

Under no circumstances shall we be liable for any loss or damage caused by a User's reliance on information obtained through our Services. It is the User's sole responsibility to evaluate the accuracy, completeness, or usefulness of any content, opinion, advice, or other information made available through our platforms. Users are strongly encouraged to seek professional advice, as appropriate, regarding the evaluation of any specific content.

18. UNSOLICITED SUBMISSIONS POLICY

We and our employees do not accept or consider unsolicited ideas, including but not limited to ideas for new advertising campaigns, promotions, products, technologies, processes, materials, marketing plans, or product names. Please do not submit any original creative work, samples, demonstrations, or other materials.

The sole purpose of this policy is to avoid misunderstandings or potential disputes in the event that our products, services, or marketing strategies might appear similar to ideas submitted to us. Therefore, we respectfully request that you do not send us any unsolicited ideas or materials.

If, despite this request, you choose to submit ideas or materials to us, you acknowledge and agree that such submissions will not be considered confidential or proprietary and that we make no assurances that your ideas or materials will be treated as such.

19. MONITORING AND MODERATION RIGHTS

We shall have the right, but not the obligation, to monitor the content of our Websites, Apps, and Services, including but not limited to chat rooms and forums, to ensure compliance with this Agreement and with any operational rules or policies established by us, as well as to satisfy any applicable law, regulation, or authorized government request.

We shall have the right, in our sole discretion, to edit, refuse to post, or remove any material submitted to or posted on our platforms. Without limiting the foregoing, we reserve the right to remove any material that we, in our sole judgment, determine to be in violation of this Agreement or otherwise objectionable.

20. GENERAL PROVISIONS

20.1 Entire Agreement

These Terms of Use, together with any operational rules, policies, or supplemental terms expressly incorporated by reference (including, without limitation, the Privacy Policy referenced in Section 26), constitute the entire agreement between the User and the Company with respect to the Websites, the Apps, the Services, and the subject matter hereof, and supersede all prior or contemporaneous communications, proposals, statements, advertisements, and representations, whether oral or written. No statement, advertisement, or product description not expressly contained in these Terms, the Websites, or the Apps shall be permitted to contradict, explain, or supplement these Terms. Neither the User nor the Company is relying on any representation or statement of the other party that is not set forth in these Terms.

20.2 Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, shall be severed from these Terms. In either case, the remaining provisions of these Terms shall continue in full force and effect. The express severability provisions applicable to Section 27 (Dispute Resolution) and Section 31 (Disclaimer and Limitation of Liability) shall govern those Sections to the extent they conflict with this Section 20.2.

20.3 Waiver

The failure or delay by the Company to exercise or enforce any right, power, or remedy provided by these Terms of Use or by law shall not constitute a waiver of such right, power, or remedy. Any waiver by the Company of a breach or default under these Terms shall not operate as a waiver of any prior or subsequent breach or default. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company.

20.4 Survival

Any provision of these Terms of Use that by its nature or express terms is intended to survive termination or cancellation shall so survive, including without limitation: Section 7 (Refunds), Section 11 (Prohibited Uses), Section 12 (User Behavior and Content Responsibilities), Section 16 (User Submissions and License of Content), Section 24 (Indemnification), Section 25 (Compliance with Laws and International Regulations), Section 27 (Governing Law and Dispute Resolution), Section 31 (Disclaimer of Warranty; Limitation of Liability), and this Section 20.

20.5 Assignment

These Terms of Use are personal to the User. The User may not assign, transfer, delegate, or otherwise dispose of any of the User's rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the Company; any purported assignment in violation of this Section shall be null and void. The Company may, at any time and without the User's consent, assign, transfer, or delegate all or any of its rights and obligations under these Terms, in whole or in part, to any affiliate, successor in interest, or third party in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20.6 Notices to the Company

Except where these Terms expressly specify a different method (such as the opt-out procedure in Section 27.7 or the customer-support channels referenced in Sections 7, 33, and 34), any formal legal notice from the User to the Company must be sent in writing, either by email to soporte@recargarapido.com with the subject line clearly identifying the nature of the notice, or by postal mail to Tower Elite LLC, Attn: Legal Department, at the address set forth in Section 36. Notices shall be deemed received by the Company on the next business day after delivery confirmation. The Company may give notices to the User as set forth in Section 30 (Electronic Communications). It is the User's responsibility to maintain accurate contact information.

20.7 Headings

The headings and section titles used in these Terms of Use are for convenience and reference only and shall not be used to interpret, construe, define, or limit any provision hereof.

20.8 Force Majeure

Neither the User nor the Company shall be liable for any delay or failure to perform its obligations under these Terms of Use to the extent such delay or failure arises from events or circumstances beyond the affected party's reasonable control, including without limitation: acts of God, natural disasters, fire, flood, earthquake, hurricane, severe weather, pandemic or epidemic, public-health emergency, war, terrorism, sabotage, civil unrest, embargoes, sanctions, governmental restrictions or actions, changes in law, labor disputes or strikes, supply-chain disruptions, transportation delays, accidents, power outages, denial-of-service attacks, security incidents, internet, telecommunications, or third-party service-provider failures, and the acts or omissions of any third-party telecommunications carrier, payment processor, gift-card Issuer or Processor, Experience Provider, Experience Aggregator, or Fulfillment Partner.

The party affected by a Force Majeure event shall use commercially reasonable efforts to notify the other party as soon as reasonably possible, and in any event no later than fifteen (15) calendar days after becoming aware of the event. Performance shall be suspended for the duration of the Force Majeure event, and the affected party shall be excused from any failure or delay in performance during such period. Nothing in this Section 20.8 shall excuse the User's obligation to pay amounts due for Services already rendered.

21. SUSPENSION AND TERMINATION

21.1 Termination by the User

The User may terminate this Agreement at any time by closing the User's account through the account-settings interface of the Websites or Apps, or by contacting customer support at soporte@recargarapido.com. Termination by the User shall not entitle the User to a refund of any amount paid for Services already initiated, processed, or delivered, except as expressly provided in Section 7 (Refunds, Cancellations, and Chargebacks). Any negative balance, outstanding charges, or amounts owed under Section 7.6 shall remain due and payable notwithstanding termination.

21.2 Suspension or Termination by the Company

The Company may, at its sole and reasonable discretion, suspend, restrict, downgrade, or terminate the User's account, access to the Websites and Apps, or use of any or all of the Services, in whole or in part, with or without prior notice and without liability to the User, including, without limitation, where:

  • the User has breached, or the Company reasonably believes that the User has breached, these Terms of Use, any Service-specific terms, or any applicable law, rule, or regulation;
  • the Company reasonably suspects that the User, or any person acting through the User's account, is using the Services unlawfully, fraudulently, abusively, or in a manner that infringes the rights of any third party;
  • the Company reasonably suspects that the User is engaged in money laundering, terrorist financing, sanctions evasion, identity theft, account takeover, chargeback fraud, friendly fraud, promotional abuse, resale, arbitrage, or any other prohibited activity described in Sections 11, 25, 33.10, 34.14, or elsewhere in these Terms;
  • a Payment Instrument used by the User has been declined, canceled, disputed, charged back, blocked, or otherwise dishonored, or the Company has not received the full amount payable for any prior transaction;
  • the User fails to cooperate with an identity-verification, source-of-funds, or compliance request made by the Company or by any of its Processors, Issuers, Experience Aggregators, Experience Providers, or Fulfillment Partners;
  • the User has provided false, inaccurate, outdated, or incomplete information, or refuses to update such information when requested;
  • a governmental, regulatory, or judicial authority requires, requests, or determines that the provision of the Services to the User is unlawful, restricted, sanctioned, or otherwise prohibited;
  • a change in applicable law, regulation, or policy of a payment network, card network, Issuer, Processor, or other counterparty makes the continued provision of the Services to the User commercially, operationally, or legally impracticable;
  • the Company needs to perform scheduled or emergency maintenance, security upgrades, or migrations to the Websites, the Apps, the Services, or any underlying infrastructure;
  • the User's continued access creates, or is reasonably likely to create, a security, operational, or reputational risk to the Company, its other Users, or any third party; or
  • the Company decides, in its commercially reasonable discretion, to discontinue the relevant Service in the User's jurisdiction or generally.

21.3 Notice of Suspension or Termination

Where the basis for suspension or termination involves suspected fraud, unlawful activity, security risk, sanctions, breach of these Terms, or any other circumstance in which advance notice would be impractical, ineffective, or contrary to applicable law, the Company may act without prior notice and may withhold notice for as long as legally permissible. In all other cases, the Company will use commercially reasonable efforts to provide notice to the User by email or through the Websites or Apps, where feasible. Suspension does not require termination, and termination may proceed regardless of whether the underlying cause has been remedied.

21.4 Effects of Termination

Upon termination of the User's account, in addition to any other rights or remedies of the Company: (a) all licenses and rights granted to the User to use the Websites, the Apps, the Services, and any related content shall immediately cease; (b) the User shall immediately cease all use of the Websites, the Apps, and the Services; (c) any pending Transactions that have not been irrevocably initiated may, in the Company's discretion, be canceled, suspended, or completed; (d) any unredeemed Gift Cards or unused Service balances that, at the time of termination, are subject to applicable law (such as escheat or unclaimed-property statutes) shall be handled in accordance with that law; (e) amounts owed by the User under Section 7.6 or otherwise shall remain due and payable; and (f) all provisions of these Terms that by their nature or by their express terms are intended to survive termination shall so survive, as further described in Section 20.4.

21.5 Reactivation

The Company has no obligation to reactivate a suspended or terminated account or to restore any data, balance, history, or feature associated with it. Where the Company elects to reactivate an account, it may impose conditions, including identity re-verification, additional payment-method restrictions, or additional Service limitations, and may revoke reactivation at any time.

22. COPYRIGHT AND TRADEMARK NOTICES

The Websites, the Apps, the Services, all text, graphics, user interfaces, visual interfaces, photographs, audio, video, code, and the selection, coordination, and arrangement thereof, are owned by, licensed to, or controlled by Tower Elite LLC and are protected by United States and international copyright laws. All rights not expressly granted in these Terms are reserved.

"Recarga Rapido", "Rapid Recharge", the Recarga Rapido and Rapid Recharge logos, and any other product or service name, logo, slogan, or trade dress of the Company displayed on the Websites or Apps are trademarks, service marks, or trade dress of Tower Elite LLC, whether registered or not. The User may not use any such mark without the prior written consent of the Company, and may not use any mark in a manner that is likely to cause confusion as to source, sponsorship, affiliation, or endorsement.

23. THIRD-PARTY TRADEMARKS

All other trademarks, service marks, trade names, logos, and brands appearing on the Websites or Apps, including without limitation those of Mobile Carriers, Issuers, Experience Providers, Experience Aggregators, payment networks, and other Third-Party Providers, are the property of their respective owners. The display of such third-party marks does not imply any affiliation with, sponsorship by, or endorsement of the Company by the relevant owner unless expressly stated. The Company uses such third-party marks solely for the purpose of identifying the products and services available through the Websites and Apps.

24. INDEMNIFICATION

24.1 Scope. The User agrees, at the User's expense, to defend, indemnify, release, and hold harmless the Company, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, agents, licensors, service providers, and successors and assigns (collectively, the "Indemnified Parties"), from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, settlements, fines, penalties, taxes, costs, and expenses (including reasonable attorneys' fees and court costs) (collectively, "Losses") arising out of or relating to:

  • the User's access to or use of the Websites, the Apps, or the Services, or the use thereof by any person through the User's account;
  • the User's breach or alleged breach of these Terms of Use, any Service-specific terms, or any policy referenced herein;
  • the User's violation or alleged violation of any law, rule, regulation, or order, including, without limitation, sanctions, export controls, telecommunications regulations, consumer-protection laws, and tax laws;
  • the User's infringement, misappropriation, or violation of any intellectual-property right, right of publicity, right of privacy, or other right of any third party, including in connection with any Feedback submitted under Section 16;
  • any false, misleading, or fraudulent representation made by the User to the Company, a Processor, an Issuer, an Experience Provider, a Mobile Carrier, or any other Third-Party Provider;
  • any chargeback, reversal, dispute, or other claim related to a Payment Instrument used by or on behalf of the User; and
  • any dispute between the User and any other User, Recipient, traveler, Third-Party Provider, or third party.

24.2 Procedure. The Company shall use commercially reasonable efforts to provide the User with prompt written notice of any claim subject to indemnification under this Section; provided that the failure to give such notice shall not relieve the User of indemnification obligations except to the extent the User is materially prejudiced by such failure. The Company shall have the right, but not the obligation, to participate in the defense of any indemnified claim with counsel of its own choosing at its own expense. The User shall not settle any indemnified claim in a manner that imposes any obligation, admission, or liability on any Indemnified Party, or that restricts any Indemnified Party's rights, without the prior written consent of the Company.

24.3 Carve-Out. The User's indemnification obligations in this Section 24 shall not apply to the extent the relevant Losses arise directly from the gross negligence, willful misconduct, or fraud of an Indemnified Party, or from a matter that, under applicable law, cannot lawfully be indemnified. This Section 24 shall survive termination of these Terms in accordance with Section 20.4.

25. COMPLIANCE WITH LAWS AND INTERNATIONAL REGULATIONS

The Company is committed to complying with all applicable local, national, and international laws, including, without limitation, regulations related to export control, international sanctions, anti-money laundering ("AML"), and the prevention of the financing of terrorism ("CFT"). The Company offers Services to several jurisdictions in which U.S.-administered sanctions apply, and the User acknowledges that the User's use of the Services is contingent on the User's full compliance with such sanctions.

25.1 Sanctions Representations. By using the Services, the User represents and warrants that the User is not, and is not acting on behalf of any person or entity that is:

  • located in, ordinarily resident in, organized under the laws of, or acting from any country, region, or territory subject to comprehensive U.S. sanctions administered by OFAC, by any other U.S. Government authority, or by any other applicable competent authority;
  • listed on the Specially Designated Nationals and Blocked Persons (SDN) List, the Sectoral Sanctions Identifications (SSI) List, the Foreign Sanctions Evaders (FSE) List, the Non-SDN Palestinian Legislative Council (NS-PLC) List, the Non-SDN Iran Sanctions Act (NS-ISA) List, the Non-SDN Communist Chinese Military Companies (NS-CMIC) List, the Denied Persons List or Entity List maintained by the U.S. Department of Commerce, the Debarred Parties List maintained by the U.S. Department of State, or any other list of prohibited or restricted parties maintained by the U.S. Government or by any other applicable competent authority; or
  • a senior foreign political figure (or an immediate family member or close associate thereof) where the Company would be required to apply enhanced due diligence under 31 C.F.R. § 1010.605.

25.2 Cuban Assets Control Regulations. The Company offers certain Services that may involve persons in or remittances to Cuba. The User acknowledges that Cuba-directed transactions are governed by the Cuban Assets Control Regulations, 31 C.F.R. Part 515 ("CACR"), administered by OFAC. Without limiting the generality of Section 25.1, by purchasing or initiating any mobile top-up, gift card, experience, market order, calling-credit purchase, or other Service for the benefit of, or directed to, any person located in Cuba, the User specifically represents and warrants that the Recipient or beneficiary is not:

  • a "prohibited official of the Government of Cuba" as defined in 31 C.F.R. § 515.337;
  • a "prohibited member of the Communist Party of Cuba" as defined in 31 C.F.R. § 515.338; or
  • a close relative of any such person where such close-relative status would cause the transaction to be prohibited under the CACR.

The User further represents that any Cuba-directed transaction is intended exclusively for the personal, family, or household use of the Recipient, is not undertaken with intent to enrich the Government of Cuba or any prohibited official thereof, and complies with all applicable general or specific OFAC licenses, including without limitation the general license at 31 C.F.R. § 515.542(b) (remittances), § 515.578 (telecommunications services), or any successor provisions. The Company reserves the right to block, reverse, refuse, or report any transaction it reasonably believes may violate the CACR, and shall not be liable to any party for any action taken in good-faith compliance with U.S. sanctions law.


We reserve the right, but are not obligated, to implement Anti-Money Laundering (AML) and Know Your Customer (KYC) procedures, including identity verification, source of funds validation, and transaction monitoring, in accordance with applicable legal frameworks.

We may, at our sole discretion and without prior notice, request additional information or documentation from Users in order to comply with regulatory requirements or internal compliance policies. Failure to comply with such requests may result in the temporary suspension or permanent termination of the User's account and access to our Services. Nothing in this clause shall be construed as a guarantee or obligation to perform such checks in every instance.

Users are strictly prohibited from using our Services for any unlawful, fraudulent, or prohibited purposes, including but not limited to:

  • Engaging in money laundering, terrorist financing, or other financial crimes;
  • Purchasing or selling illegal goods or services;
  • Facilitating unauthorized telecommunications activities;
  • Using our Services on behalf of, or for the benefit of, any individual or entity subject to international sanctions;
  • Allowing minors to access or use our Services without the consent and supervision of a legal guardian;
  • Interfering with the operation of our platforms or attempting to bypass security mechanisms.

Any violation of this section shall result in the immediate suspension or termination of the User's account, and may be reported to the relevant legal authorities.

The User agrees to indemnify and hold us harmless from and against any claims, penalties, investigations, losses, or liabilities arising out of or related to the User's failure to comply with the representations, warranties, or restrictions outlined in this section.

26. PRIVACY POLICY AND DATA PROTECTION

By using the Websites, the Apps, or the Services, the User agrees to the terms of the Company's Privacy Policy, which forms an integral part of these Terms of Use. The Privacy Policy describes how the Company collects, uses, stores, shares, and protects personal information, the categories of personal information processed, the purposes of processing, the legal bases relied upon, the categories of recipients and Third-Party Providers with whom the information is shared, international data transfers, retention periods, and the security measures applied. The Privacy Policy is available at https://www.recargarapido.com/politicas-de-privacidad.

26.1 Rights of Residents of the European Economic Area, the United Kingdom, and Switzerland. Where the EU General Data Protection Regulation 2016/679 ("GDPR"), the UK GDPR, or the Swiss Federal Act on Data Protection applies to the processing of a User's personal data, the User has the rights of access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent (where processing is based on consent), and the right to lodge a complaint with the competent supervisory authority. To exercise these rights, the User may contact the Company at the email address provided in the Privacy Policy.

26.2 Rights of California Residents. Where the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, "CCPA/CPRA"), applies, the User has, subject to verification and applicable exceptions, the right to know what categories and specific pieces of personal information have been collected; the right to delete personal information; the right to correct inaccurate personal information; the right to opt out of the sale or sharing of personal information for cross-context behavioral advertising; the right to limit the use and disclosure of sensitive personal information; and the right not to be subjected to discrimination for exercising any of the foregoing rights. The Company does not "sell" personal information for monetary consideration in the traditional sense; the Privacy Policy provides further detail on any "sharing" of personal information as that term is defined under the CPRA. California residents may also exercise rights through an authorized agent in accordance with the CCPA/CPRA.

26.3 Rights of Other Jurisdictions. Users in other jurisdictions (including, without limitation, Brazil under the Lei Geral de Proteção de Dados, Canada under PIPEDA, and U.S. states with comprehensive consumer-privacy laws such as Virginia, Colorado, Connecticut, Utah, Texas, Florida, and Oregon) may have additional or different rights with respect to their personal information, as further described in the Privacy Policy.

26.4 Cookies and Tracking Technologies. By using the Websites, the User consents to the use of cookies, pixels, software development kits, local storage, and similar tracking technologies as described in the Privacy Policy and any separate cookie notice, including for analytics, fraud prevention, advertising-attribution, and operational purposes, in each case subject to any opt-in or opt-out mechanism required by applicable law.

26.5 Modifications to the Privacy Policy. The Company reserves the right to modify the Privacy Policy at any time. Material changes will be communicated by posting an updated Privacy Policy on the Websites and Apps, and, where required by applicable law, by additional notice to the User. Continued use of the Services after the effective date of any modification constitutes acceptance of the modified Privacy Policy.

27. GOVERNING LAW AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, YOUR RIGHT TO A JURY TRIAL, AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. IT REQUIRES YOU AND THE COMPANY TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION. AN OPT-OUT MECHANISM IS DESCRIBED IN SECTION 27.7 BELOW.

27.1 Governing Law

These Terms of Use, and any dispute, claim, or controversy arising out of or relating to these Terms or the use of our Services, shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-law principles. This governing-law provision applies regardless of where the User resides, or where the User uses, purchases, or pays for the Services, except to the extent that mandatory consumer-protection laws of the User's jurisdiction override it.

27.2 Informal Resolution

Before initiating any formal proceeding, the User and the Company agree to first attempt in good faith to resolve any dispute informally. The party initiating the dispute shall provide written notice to the other party describing the nature and basis of the claim and the specific relief sought (the "Notice of Dispute"). A Notice of Dispute to the Company shall be sent to soporte@recargarapido.com with the subject line "Notice of Dispute" and shall include the User's full name, account email, and a description of the dispute. The parties shall negotiate in good faith for sixty (60) calendar days following delivery of the Notice of Dispute before either party commences arbitration or any other proceeding.

27.3 Mandatory Individual Arbitration

Except for the matters carved out in Section 27.5, any dispute, claim, or controversy between the User and the Company arising out of or in any way related to these Terms of Use, the Services, the Websites, the Apps, or any transaction processed through any of the foregoing (each, a "Dispute"), and not resolved through the informal-resolution process in Section 27.2, shall be resolved exclusively by binding individual arbitration under the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). The term "Dispute" shall be construed broadly and includes contract, tort, statutory, regulatory, common-law, and equitable claims, and any claim regarding the formation, scope, or enforceability of these Terms or of this arbitration provision itself.

27.4 Arbitration Procedure

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules in effect at the time the arbitration is commenced, as modified by this Section. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single neutral arbitrator. The User may elect to have the arbitration conducted by telephone, by written submissions only, or in person in Miami-Dade County, Florida, or at any other location mutually agreed upon by the parties. The language of the arbitration shall be English. The arbitrator shall have authority to award the same individual relief that a court of competent jurisdiction could award, subject to the limitations stated in these Terms, including the limitations of liability in Section 31. The arbitrator's decision shall be final, written, and binding, and may be entered as a judgment in any court of competent jurisdiction.

The Company shall pay all AAA filing, administration, and arbitrator fees up to ten thousand U.S. Dollars (US$10,000). Thereafter, the User and the Company shall share such fees equally, except where applicable law or the AAA Consumer Arbitration Rules require otherwise. Each party shall bear its own attorneys' fees and costs, except where applicable law expressly provides for fee-shifting.

27.5 Carve-Outs

Notwithstanding the foregoing, either party may: (a) bring an individual action in small-claims court for a Dispute that falls within that court's jurisdictional limits, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights, confidential information, or unauthorized access to the Services; and (c) bring an action in a court of competent jurisdiction to compel arbitration or to enforce an arbitration award.

27.6 Class Action and Representative Action Waiver

THE USER AND THE COMPANY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The User and the Company expressly waive any right to (i) participate in a class action, consolidated action, or representative action, whether as a class representative or class member; (ii) act as a private attorney general; or (iii) consolidate any Dispute with the disputes or claims of any other consumer or customer. If a court or arbitrator determines that this Class Action and Representative Action Waiver is unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and may proceed in a court of competent jurisdiction; all remaining claims shall remain subject to individual arbitration in accordance with this Section 27.

27.7 Right to Opt Out of Arbitration

The User has the right to opt out of the arbitration and Class Action Waiver provisions of Sections 27.3, 27.4, and 27.6 by sending a written opt-out notice to the Company within thirty (30) calendar days after the User first accepts these Terms of Use or any material amendment to this Section 27. The opt-out notice must include the User's full name, account email address, the date on which the User first accepted these Terms, and a clear statement that the User is opting out of the arbitration provisions. Notices must be sent to soporte@recargarapido.com with the subject line "Arbitration Opt-Out," or by postal mail to Tower Elite LLC, Attn: Legal Department, at the address provided in Section 36. Opting out shall not affect any other provision of these Terms, including the governing-law clause in Section 27.1 and the jury-trial waiver in Section 27.8.

27.8 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES, WHETHER THE PROCEEDING IS BROUGHT IN COURT OR IN ARBITRATION AND WHETHER THE PROCEEDING IS BROUGHT INDIVIDUALLY OR AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

27.9 Severability of This Section

If any portion of this Section 27 (other than the Class Action and Representative Action Waiver in Section 27.6, which is governed by the express terms of that subsection) is found to be unenforceable, the unenforceable portion shall be severed and the remainder of this Section 27 shall continue in full force and effect. If the Class Action and Representative Action Waiver is held unenforceable in its entirety, then this Section 27 (other than this sentence and Section 27.8) shall be null and void, and any Dispute shall be resolved in a court of competent jurisdiction located in Miami-Dade County, Florida, with both parties expressly consenting to such jurisdiction and venue.

27.10 California Residents — Consumer Rights Notice (Civil Code § 1789.3)

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer-rights notice. The provider of the Websites, the Apps, and the Services is Tower Elite LLC, doing business as "Recarga Rapido" and "Rapid Recharge", at the address set forth in Section 36 of these Terms. If a California resident User has any complaint regarding the Services, or wishes to receive further information regarding the use of the Services, the User may contact us at soporte@recargarapido.com or at the address set forth in Section 36. The User may also contact, in writing, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Nothing in this Section 27.10 shall be construed as a waiver of, or limitation on, the User's obligations under, or the Company's rights under, Sections 27.1 through 27.9, including without limitation the User's agreement to resolve Disputes through binding individual arbitration and the User's waiver of the right to participate in a class action.

28. LANGUAGE

These Terms of Use are written in English and shall be interpreted in accordance with the English version. Any translations provided are for convenience only and shall not be legally binding.

29. PAYMENT METHODS AND PROCESSING

We accept various payment methods, including but not limited to: Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and Google Pay. Available methods may vary based on region and technical availability at the time of checkout.

We reserve the right to modify or restrict available payment methods at any time without prior notice. Payments are processed securely through our authorized payment partners. We do not store complete card numbers or sensitive payment credentials on our servers.

29.1 Currency and Conversion

All transactions are processed in the currency displayed at the time of checkout. If your payment method uses a different currency, your financial institution may apply currency conversion fees or exchange rate adjustments. We are not responsible for any additional charges incurred due to currency differences.

29.2 Payment Security Disclaimer

We use industry-standard encryption and secure connections to protect payment information during transmission. However, Users are responsible for ensuring that they use secure devices and networks when accessing our Services. We disclaim any liability for security breaches arising from User-side vulnerabilities.

29.3 Pricing Policy

Prices and available offers are subject to change at any time without prior notice. The price charged will be the price in effect at the time the order is placed and will be set out in the order confirmation email.

30. ELECTRONIC COMMUNICATIONS AND CONSENT TO CONTACT

30.1 Consent to Electronic Delivery (E-SIGN)

By creating an account, purchasing a Service, or otherwise using our Websites or Apps, the User consents to receive all communications, agreements, disclosures, notices, and records (collectively, "Communications") from the Company in electronic form, rather than in paper form, to the maximum extent permitted by applicable law, including the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001 et seq.) and any analogous state law. The User's consent applies to all Communications related to the Services, the Websites, the Apps, and the User's account.

30.2 Categories of Communications

Communications covered by this consent include, without limitation:

  • these Terms of Use and any amendments, modifications, or supplements thereto;
  • transaction records, receipts, order confirmations, and delivery confirmations;
  • initial, periodic, or other disclosures or notices required by U.S. federal, state, or other applicable law;
  • customer-service communications, including responses to claims of error or unauthorized use;
  • account-management communications, such as password resets, security alerts, and identity-verification requests; and
  • any other communication related to a Service, a transaction, or the Company.

Communications may be delivered by email, SMS or MMS text message, in-app message or push notification, in-website chat, recorded voice or IVR message, posting on the Websites or within the Apps, or by postal mail at the Company's election.

30.3 Hardware and Software Requirements

To access and retain Communications electronically, the User must have: (a) a personal computer or mobile device with an internet connection; (b) a current version of a web browser that supports modern Transport Layer Security (TLS) encryption (such as a recent version of Chrome, Safari, Firefox, or Edge); (c) a valid and active email address; (d) sufficient electronic storage capacity on the User's device or media to retain Communications, or the ability to print them; and (e) for SMS, MMS, or push communications, a mobile telephone number and device capable of receiving such messages from or on behalf of the Company.

30.4 Updating Contact Information

It is the User's responsibility to provide and maintain accurate, current, and complete contact information, including email address, mobile phone number, and postal address. The User must promptly update such information through the User's account settings or by contacting customer support. The Company shall have no liability for any Communication that fails to reach the User as a result of out-of-date, inaccurate, or incomplete contact information.

30.5 Withdrawal of Consent to Electronic Delivery

The User may withdraw consent to receive Communications electronically and request paper delivery (where required by applicable law) by contacting customer support at soporte@recargarapido.com. Withdrawing consent may result in the termination or limitation of the User's access to certain Services that can only reasonably be provided through electronic means. The Company may charge a reasonable fee for paper delivery to the extent permitted by applicable law. Withdrawal of consent is effective only prospectively and will not affect the legal validity or enforceability of Communications provided electronically prior to the effective date of withdrawal.

30.6 Consent to Calls and Text Messages (TCPA)

By providing the Company with a telephone number, including a mobile or wireless number, the User expressly consents to receive calls and text messages (SMS/MMS) at that number from the Company and its agents and service providers, including for transactional, account-management, identity-verification, fraud-prevention, customer-service, and promotional purposes. Such consent extends to calls and messages delivered by means of an automatic telephone dialing system, prerecorded or artificial voice, or any other technology, to the extent permitted by the federal Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227) and its implementing regulations, and by any analogous state law. The User represents that the User is the subscriber or customary user of any telephone number provided to the Company and is authorized to grant the foregoing consent. Consent to receive marketing or promotional calls and texts is not a condition of purchasing any goods or services.

30.7 Opting Out of Calls and Text Messages

The User may opt out of receiving promotional SMS/MMS messages at any time by replying "STOP" to any such message, or by contacting customer support at soporte@recargarapido.com. The User may opt out of promotional voice calls by following the instructions provided during the call or by contacting customer support. Opting out of promotional communications shall not prevent the Company from contacting the User regarding active transactions, security alerts, regulatory disclosures, or other non-promotional matters required or permitted by law. The User may also revoke prior consent to receive non-marketing autodialed or prerecorded calls at any time by reasonable means; however, the User acknowledges that doing so may impair the Company's ability to provide certain Services and that the Company may suspend or terminate Services that cannot be reasonably provided without such consent.

30.8 Message and Data Rates

Standard message, data, and voice rates may apply to any communication the User receives from or on behalf of the Company. The User is solely responsible for any charges imposed by the User's mobile carrier or other communications provider.

30.9 Security of Electronic Communications

Although the Company takes commercially reasonable precautions, the Company does not warrant that electronic communications will be secure, error-free, free of viruses or other harmful components, or delivered without delay. The Company disclaims liability for any loss or damage resulting from the transmission, interception, delay, or non-delivery of electronic communications, to the maximum extent permitted by law. If a communication is received in error, the recipient must notify the Company immediately and delete the message from the recipient's systems.

31. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

A. The User expressly agrees that the use of our Websites, Apps, and Services is at the User's sole risk. Neither we, nor our affiliates, nor any of our respective employees, agents, third-party content providers, or licensors warrant that the Services will be uninterrupted or error-free. We make no representations or warranties as to the results that may be obtained from the use of our Services, or as to the accuracy, reliability, or content of any information, service, or marketing provided through our platforms.

B. Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title, or implied warranties of merchantability or fitness for a particular purpose, accuracy of data, or non-infringement. We make no guarantee that the Services will operate uninterrupted, error-free, securely, or in a virus-free environment, except for warranties that cannot be excluded, restricted, or modified under applicable law.

We do not warrant the availability, speed, quality, or uninterrupted delivery of services provided by telecommunications carriers or third-party networks.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of data or records, whether for breach of contract, tortious conduct, negligence, or under any other cause of action. The User specifically acknowledges that we are not responsible for the defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of harm or injury from the foregoing rests entirely with the User.

D. In no event shall we, or any person or entity involved in the creation, production, or distribution of our Websites, Apps, Services, or software, be liable for any damages, including but not limited to, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use our Services. The User acknowledges that the limitations set forth in this section apply to all content available through our platforms.

E. AGGREGATE LIABILITY CAP. Notwithstanding anything to the contrary in these Terms of Use, and to the maximum extent permitted by applicable law, our total aggregate liability to the User arising out of or in connection with these Terms of Use, the Websites, the Apps, the Services, or any transaction processed through any of the foregoing shall not exceed, in the aggregate, the greater of (i) the total amount actually paid by the User to us for the specific Service giving rise to the claim during the twelve (12) month period immediately preceding the event giving rise to the claim, or (ii) one hundred U.S. Dollars (US$100), and shall be subject to a maximum aggregate cap of one thousand U.S. Dollars (US$1,000.00) in all cases. This limitation applies regardless of the form of action, whether based in contract, tort (including negligence), strict liability, statute, fraud, misrepresentation, or any other legal or equitable theory, and applies even if the Company has been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose. The User and the Company acknowledge that this aggregate cap is a material part of the basis of the bargain reflected in these Terms.

F. CARVE-OUTS. The exclusions and limitations in this Section 31 shall not apply to: (i) liability that, under applicable law, cannot be excluded or limited; (ii) a party's own fraud, gross negligence, or willful misconduct; or (iii) the indemnification obligations set forth in Section 24. Because some jurisdictions do not permit certain exclusions or limitations of incidental, consequential, or other damages, the foregoing limitations may not apply to the User in part or in full; in such jurisdictions, our liability shall be limited to the smallest amount permitted by applicable law.

31.1 Third-Party Content and Investment Disclaimers

Neither we, nor our affiliates, information providers, or content partners shall be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or for any delays or interruptions in, the information made available through our Websites, Apps, or Services, or for any claims or losses arising therefrom. None of the foregoing parties shall be liable for any third-party claims or for any loss or damage of any kind, including, but not limited to, lost profits, punitive damages, or consequential damages.

Users are strongly advised to consult with their stockbroker or other financial advisor prior to executing any securities transaction in order to verify pricing or other relevant information. We, our affiliates, information providers, and content partners shall not be held liable for any investment decisions made based on the information provided through our Services. We, our affiliates, information providers, and content partners make no warranty or guarantee as to the timeliness, sequence, accuracy, or completeness of such information. Furthermore, no warranties are made regarding the results obtained from the use of this information.

31.2 Market Service Disclaimer

We act solely as an intermediary between Users and Fulfillment Partners in the context of Market orders. We do not accept liability for product quality, availability, fulfillment errors, or delivery delays. Users agree to direct any claims related to the goods themselves to the respective Fulfillment Partner.

32. MARKET ORDERS – PHYSICAL PRODUCTS AND DELIVERIES

We offer a service ("Market") that allows Users located in one country or territory to purchase a variety of physical products, including but not limited to food items, hygiene products, household goods, and other consumer goods, for delivery to designated recipients in another country or region.

32.1 Role of the Company

All products offered through the Market service are sourced and delivered by independent third-party suppliers ("Fulfillment Partners"). We operate solely as an intermediary, facilitating the transaction between the User and the Fulfillment Partner. We do not hold inventory or control logistics, and we make no warranties regarding product availability, delivery timelines, or the condition of products.

32.2 Order Placement and Confirmation

Upon successful order placement and payment confirmation, the User will receive an email with product details, recipient information, and an estimated delivery window. The User is solely responsible for notifying the recipient and ensuring that accurate delivery information has been provided.

32.3 Delivery and Recipient Responsibilities

Deliveries will only be made to the recipient named in the order. If the recipient is unavailable at the time of delivery, a rescheduling attempt may be made by the Fulfillment Partner, which may extend the delivery timeframe.

The recipient must inspect the delivered goods upon receipt. If there are concerns regarding the quality, quantity, or condition of any item, the recipient has the right to refuse delivery and inform the User immediately. In such cases, a complaint must be submitted through our support channels within 24 hours of the attempted delivery. If the order is accepted, signed for, or otherwise confirmed by the recipient, the sale is deemed final and no further claims will be accepted.

32.4 Partial Shipments and Multiple Providers

Orders containing multiple products may be fulfilled by more than one Fulfillment Partner. As such, the User understands and accepts that the order may be delivered in separate shipments and at different times.

32.5 Product Availability and Substitution

All orders are subject to product availability. In cases where a selected item is out of stock, we or our Fulfillment Partners reserve the right to substitute the product with another of equal or greater value. The User will be notified of such substitution and may choose to accept or decline the change prior to delivery.

32.6 Delivery Timeframes

Estimated delivery times are provided for convenience and are not guaranteed. Delays may occur due to customs clearance, transportation issues, weather conditions, or other external factors. We shall not be held liable for any such delays.

32.7 Limitation of Liability

We assume no responsibility for the acts or omissions of Fulfillment Partners. Any concerns or disputes regarding the products, delivery process, or quality must be addressed directly with the Fulfillment Partner. We may, at our sole discretion, assist in facilitating communication between parties but are not obligated to mediate or resolve such issues.

33. EXPERIENCES AND TOURS

We offer a service that allows Users to discover, book, and pay for in-destination experiences, tours, attractions, activities, transfers, and similar travel-related products (collectively, "Experiences") operated by independent third-party suppliers (each, an "Experience Provider"). Experiences are made available through one or more booking and inventory aggregation platforms ("Experience Aggregators"), and are sold by us to the User as merchant of record. The provisions below apply to all Experience bookings made through the Websites or Apps and supplement, and where in conflict prevail over, any general booking provisions elsewhere in these Terms.

33.1 Our Role

The Experience itself, including the design, operation, supervision, safety, equipment, transportation, guides, and the activity as conducted on the ground, is provided by the Experience Provider. We are not the Experience Provider, and we do not own, operate, manage, supervise, or control any Experience. Although we serve as merchant of record and handle the booking, payment, and the issuance of vouchers and confirmations, we have no independent ability to verify the accuracy of every detail provided by the Experience Provider or the Experience Aggregator. We do not warrant and shall not be liable for the acts, omissions, performance, fitness, suitability, conduct, or compliance of any Experience Provider, including without limitation any injury, illness, death, loss, damage, delay, cancellation, or other harm arising from the Experience.

33.2 Eligibility

Users booking Experiences must be at least 18 years old and legally able to enter into binding contracts. Some Experiences impose additional eligibility restrictions, including minimum or maximum age, height or weight, health, fitness, pregnancy, mobility, swimming ability, certification, prior experience, or licensing requirements. The User is solely responsible for ensuring that all travelers in the booking, including any minors, meet the Experience Provider's eligibility requirements before booking and on the day of the Experience.

33.3 Booking, Pricing, and Confirmation

Pricing, availability, inclusions, exclusions, meeting points, schedules, and policies for each Experience are determined by the Experience Provider and may change at any time prior to the User's confirmation. Prices displayed at checkout include any markup, service fee, processing fee, and taxes calculated and disclosed at the time of booking, but exclude any optional add-ons, gratuities, transportation, meals, equipment rental, photographs, or other items not expressly identified as included. All payments are processed in the currency disclosed at checkout. Bookings are confirmed only after successful payment and after we have received confirmation from the Experience Aggregator or the Experience Provider; an order acknowledgment generated before such confirmation does not constitute a binding booking.

Upon confirmation, we issue an electronic voucher containing the booking reference, the date and time of the Experience, the meeting point or pickup details, the Experience Provider's contact details (where available), and any redemption instructions. The User is responsible for reviewing the voucher and contacting customer support promptly if any details are inaccurate.

33.4 Traveler Information

The User must provide accurate, current, and complete traveler information at the time of booking, including the lead traveler's full legal name, contact email, telephone number, and, where required by the Experience Provider, government-issued identification details, passport details, hotel or accommodation address, special requirements (dietary, medical, mobility), and the names of additional travelers. The lead traveler must be present at the time the Experience is rendered and may be required to present photo identification matching the booking name and the voucher.

33.5 Modifications and Cancellations

Modifications to a confirmed Experience (including changes to date, time, traveler count, or participant details) and cancellations are governed by the cancellation policy of the specific Experience as published by the Experience Provider at the time of booking. Cancellation policies are disclosed on the Experience listing prior to checkout, and acceptance of these Terms constitutes acceptance of the applicable cancellation policy.

Because the Experience Aggregator and Experience Provider do not generally support in-place modifications, a modification request will typically be processed as a cancellation followed by a new booking, subject to the cancellation policy in effect at the time of the change and to availability of the new slot. The User acknowledges that this process may result in price differences, partial or no refunds, or unavailability of the desired alternative.

Cancellations initiated by the User must be submitted through the Websites or Apps, or through customer support, in accordance with the cancellation policy. Cancellation deadlines are calculated in the local time zone of the Recipient Country or destination, not the User's local time zone, unless expressly stated otherwise. Refunds, where due under the applicable cancellation policy, are issued to the original payment method and may take seven (7) to ten (10) business days to appear in the User's account.

33.6 Cancellations by the Experience Provider or Aggregator

Experience Providers may cancel or reschedule an Experience for reasons including, without limitation, weather, sea or trail conditions, mechanical issues, insufficient minimum participation, illness of guides or operators, regulatory or permit issues, or other operational considerations. If an Experience is canceled by the Experience Provider or Experience Aggregator before the User has begun the Experience, we will use commercially reasonable efforts to notify the User and, where possible, offer rescheduling. If rescheduling is not possible or not accepted by the User, the User shall be entitled to a refund of the amount paid for the canceled Experience. We shall not be liable for any incidental or consequential expenses incurred by the User as a result of such cancellation, including airfare, lodging, transportation, lost wages, or other travel-related costs.

33.7 The Day of the Experience

The User and all travelers must arrive at the meeting or pickup point on time, with the voucher available (printed or electronic) and the required identification. Late arrivals, no-shows, missed pickups, and failure to follow check-in instructions may result in forfeiture of the booking without refund. The Experience Provider has sole discretion, exercised reasonably and consistent with applicable law, to deny participation to any traveler who appears intoxicated, who fails to meet stated eligibility requirements, who endangers themselves or others, who refuses to comply with safety instructions, or who fails to comply with required safety equipment or attire.

33.8 Assumption of Risk

The User acknowledges that Experiences may involve inherent risks, including without limitation risks of personal injury, illness, property damage, loss, delay, or death. Such risks are inherent to the nature of certain activities, including hiking, climbing, watersports, diving, biking, motorized activities, animal interactions, food consumption, exposure to natural elements, and exposure to crowds or public infrastructure. The User assumes all such risks and is solely responsible for evaluating, before booking and before participating, whether each Experience is appropriate for the User and any accompanying travelers, taking into account each traveler's health, fitness, experience, and any pre-existing conditions. We strongly recommend that the User obtain comprehensive travel and medical insurance before participating in any Experience.

33.9 Health, Safety, and Compliance with Local Laws

The User is responsible for verifying and complying with all entry, exit, visa, immigration, health, vaccination, customs, and other requirements applicable to the destination of the Experience, both for the User and for any accompanying travelers. The User is also responsible for complying with the laws, regulations, customs, and reasonable instructions of the Experience Provider and of the local jurisdiction. We make no representation regarding the suitability of any destination for any particular traveler and shall not be liable for any consequence of non-compliance.

33.10 Restricted Destinations and Sanctions

Experiences will not be sold for destinations subject to comprehensive sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") or any other applicable authority. The User represents that the User is not (i) located in, ordinarily resident in, or organized under the laws of a sanctioned country or territory; (ii) listed on the OFAC Specially Designated Nationals list or any other list of prohibited or restricted parties; or (iii) acting on behalf of any such person or entity. We reserve the right to cancel any Experience booking where required by sanctions, export controls, or applicable law, and no refund obligation shall arise to the extent payment cannot lawfully be returned.

33.11 Photographs, Reviews, and Marketing Content

Photographs, videos, descriptions, ratings, reviews, and other content relating to Experiences that appear on the Websites or in the Apps are provided by the Experience Provider, the Experience Aggregator, or third parties. Such content is for illustrative purposes; actual Experiences may vary. The Services do not currently provide a mechanism for the User to submit reviews, photographs, or other user-generated content relating to Experiences through the Websites or Apps. If the Company introduces such a mechanism in the future, the additional terms applicable to such submissions will be made available at that time and shall be subject to Section 16.

33.12 Customer Service for Experiences

Customer service for Experience bookings is provided by the Company through the customer support channels published on our Websites and Apps, including the integrated in-product chat. Where an issue cannot be resolved by us directly, we will use commercially reasonable efforts to escalate to the applicable Experience Aggregator or Experience Provider. The User acknowledges that, due to the nature of in-destination services, certain issues that arise on the day of the Experience must be raised with the Experience Provider on-site to be effectively addressed; the User's failure to do so in a timely manner may prejudice the User's ability to obtain a remedy from the Experience Provider or the Company.

33.13 Limitation of Liability for Experiences

Without limiting the disclaimers, limitations, and exclusions set forth in Section 31, the User expressly acknowledges and agrees that, to the maximum extent permitted by applicable law, the Company shall not be liable for any loss, damage, injury, illness, death, delay, cancellation, dissatisfaction, or other harm arising out of the acts, omissions, conduct, or services of any Experience Provider, Experience Aggregator, ground transportation operator, guide, instructor, host, or other third party associated with the Experience. The Company's aggregate liability in respect of any Experience shall in all cases be subject to the aggregate liability cap set forth in Section 31E.

34. GIFT CARDS AND E-GIFT SERVICE

We offer an electronic gift service (the "E-Gift Service") that allows Users to purchase digital gift cards, electronic vouchers, prepaid codes, and similar redeemable products (collectively, "Gift Cards") issued by third-party brands, retailers, or merchants located either domestically or in a foreign country, and have such Gift Cards delivered electronically to a designated recipient. The E-Gift Service is designed to help our Users send digital gifts to family and friends. We recommend that Users only send Gift Cards to individuals they know personally.

34.1 Definitions

The following terms, when used in this Section 33, shall have the meanings set forth below:

"Issuer" means the brand, retailer, or merchant that issues, distributes, and is the sole obligor of the Gift Card selected by the Sender at the time of the Transaction. In certain Transactions the Processor and the Issuer may be the same entity.

"Issuer Terms" means the distinct terms, conditions, and restrictions applicable to each Gift Card as established by its Issuer, including but not limited to delivery, fees, expiration, geographic and product-category restrictions, redemption channels, and other policies.

"Gift Card" means the digital gift card, electronic voucher, prepaid code, or other redeemable product selected by the Sender at the time of the Transaction and issued by the applicable Issuer for the benefit of the Recipient.

"PIN" or "Redemption Code" means the personal identification number, voucher code, or similar identifier associated with a Transaction that is delivered to the Recipient and is required in order to redeem the Gift Card.

"Processor" means a third-party aggregator, distributor, or technology provider (including, without limitation, providers such as Zendit, Reloadly, or any successor provider) that we contract with to process the Transaction, source the Gift Card from the Issuer, deliver the Gift Card and PIN to the Recipient, and/or remit payment to the Issuer. In certain Transactions the Processor and the Issuer may be the same entity.

"Purchase Fee" means any fee charged by us to the Sender to initiate and process a Transaction, where permitted by applicable law. The Purchase Fee, when applicable, will be disclosed to the Sender prior to confirmation of the Transaction.

"Recipient" means the person designated by the Sender at the time of the Transaction to receive the Gift Card.

"Recipient Country" means the country or jurisdiction in which the Issuer issues, and the Recipient is intended to redeem, the Gift Card.

"Sender" means the User who uses the E-Gift Service to purchase a Gift Card on behalf of a Recipient.

"Transaction" means a specific, bona fide instruction from a Sender to use the E-Gift Service to send a Gift Card to a Recipient.

"Transaction Amount" means the total amount that the Sender pays to us in connection with a Transaction, which shall equal the retail value of the Gift Card (in U.S. Dollars or the applicable processing currency) plus any applicable Purchase Fee and taxes.

34.2 Our Role

We merely provide the E-Gift Service. We are not the manufacturer, issuer, or distributor of any Gift Card. The Sender is purchasing the Gift Card from the applicable Issuer, sourced through the applicable Processor. The Issuer is the sole obligor of the Gift Card. By requesting a Transaction, the Sender authorizes us to submit the Transaction to the Processor on the Sender's behalf in accordance with the Sender's instructions, an offer we may accept or reject in our sole discretion. We act as an independent contractor for all purposes, except where we act as the Sender's agent with respect to the custody of funds prior to delivery to the Processor or Issuer.

34.3 Eligibility and User Restrictions

The Sender must be at least 18 years old and must be able to form legally binding contracts under applicable law. The Sender represents and warrants that the Sender is fully competent to enter into and comply with the terms of this Agreement. Senders and Recipients are entirely responsible for compliance with all laws applicable to the purchase, delivery, and redemption of the Gift Card, including in the Recipient Country. The Sender agrees to use the E-Gift Service only to send Gift Cards to individuals known to the Sender personally and for personal, non-commercial reasons. The E-Gift Service may not be used for resale, arbitrage, money transmission, money laundering, or any unlawful purpose.

34.4 Availability and Access Limitations

Access to the E-Gift Service, the availability of any particular Issuer or Gift Card, and the list of supported Recipient Countries may be limited, modified, suspended, delayed, or made unavailable at any time without notice for reasons including, but not limited to: peak demand, market volatility, system upgrades or maintenance, communications failures, regulatory requirements, identity-verification requirements, Issuer or Processor policies, sanctions, or any other circumstances beyond our reasonable control. We make no guarantee that the E-Gift Service or any particular Gift Card will be available in any specific location, at any specific time, or for any specific Recipient. We may, at any time and in our sole discretion, refuse any Transaction for any reason and without notice. We reserve the right to modify or discontinue the E-Gift Service, in whole or in part, at any time.

34.5 Issuers and Issuer Terms

We may publish information regarding participating Issuers, Gift Card denominations, categories, and Recipient Countries on our Websites and Apps. We are not responsible for any inaccurate or incomplete information regarding an Issuer or Gift Card published by us, the Processor, or the Issuer. We do not control, and we shall not be liable for, the acts or omissions of any Issuer or Processor, including without limitation any failure or delay by the Issuer to honor the Gift Card.

Each Issuer may impose distinct terms, conditions, and restrictions regarding the delivery, redemption, and use of its Gift Card, including delivery methods, fees, expiration dates, geographic restrictions, eligible products or categories, partial redemption rules, replacement policies, and other redemption requirements (the "Issuer Terms"). The purchase and use of the E-Gift Service constitutes acceptance by the Sender and the Recipient of the applicable Issuer Terms. The Sender and Recipient are responsible for reviewing and contacting the Issuer directly to obtain or clarify any applicable Issuer Terms.

34.6 Transaction Amount, Payment, and Fees

The Sender must pay the full Transaction Amount before we will initiate and process the Transaction. The Sender authorizes us to charge or debit funds from the Payment Instrument provided in connection with the Transaction. All payments are processed in the currency disclosed at checkout, typically United States Dollars (USD) or Euros (EUR) in the jurisdictions described in Section 5. The Sender is solely responsible for any currency conversion, foreign-transaction, or other fees imposed by the financial institution associated with the Payment Instrument. We may, where permitted by applicable law, charge a Purchase Fee, which will be disclosed prior to Transaction confirmation. We reserve the right to add, change, or discontinue fees at any time, subject to applicable law. By using the E-Gift Service after a change in fees, the Sender accepts such changes.

If a Payment Instrument is canceled, declined, disabled, or otherwise dishonored after the Transaction has been submitted, we reserve the right to collect the full Transaction Amount through any lawful means, to reverse or deactivate the Gift Card through the Processor where technically feasible, and to suspend the User's account. The Sender agrees to reimburse us for any non-sufficient-funds fees, chargeback fees, or similar charges incurred by us as a result of the Sender's acts or omissions.

34.7 Required Information and Verification

In order to initiate and process a Transaction, we may require any or all of the following: the Sender's and Recipient's full name, postal address, email address, and telephone number; identification of the selected Issuer, Gift Card, and denomination; and any additional information or documentation required by applicable law, our policies, the Processor's policies, or the Issuer Terms. We may place a Transaction on hold or reject it outright pending receipt of any requested information or documentation. The Sender affirms that the Recipient has authorized the Sender to provide such Recipient information to us and to the applicable Processor and Issuer. The Sender represents that all information provided shall be accurate, current, and complete. We, our Retailers, and our Processors shall not be liable for any Transaction errors resulting from incorrect or incomplete information provided by the Sender.

34.8 No Changes

Once a Transaction has been submitted for processing, the Sender generally may not change any details of the Transaction, including without limitation the Recipient, the Issuer, the denomination, or the delivery method. We rely on the information provided by the Sender, and it is the Sender's sole responsibility to verify the accuracy of all Transaction details before confirmation.

34.9 Delivery of the Gift Card and PIN

The Processor or the Issuer will deliver the Gift Card and the associated PIN or Redemption Code to the Recipient electronically, typically by email or SMS, within a target window communicated to the Sender at checkout. The Sender will receive electronic confirmation of the Transaction. Processing and delivery times vary by Processor and Issuer, and may be subject to delays beyond our control. We make no representation or warranty regarding the time required to complete processing or deliver the Gift Card. Neither we nor any Processor shall incur liability for any failure or delay caused by:

  • incorrect or incomplete information provided by the Sender;
  • insufficient funds, exceeded credit limit, or any other issue affecting the Payment Instrument;
  • any circumstance described in Section 34.4 above; or
  • any event of Force Majeure described in Section 20.8.

Each Gift Card is a "closed-loop" redeemable product, meaning the Recipient may only redeem it for products or services made available by the applicable Issuer and only in accordance with the Issuer Terms. The Sender and the Recipient must carefully safeguard the PIN or Redemption Code, as it is required to redeem the Gift Card. We are not responsible for the loss, theft, destruction, disclosure, or unauthorized use of any Gift Card or PIN, and no refund will be issued in such circumstances. Gift Cards are not insured.

34.10 Recipient Verification and Redemption

In accordance with applicable law in the Recipient Country and the applicable Issuer Terms, the Recipient (a) will be required to present or enter the PIN or Redemption Code in order to redeem the Gift Card, and (b) in certain circumstances may be required to present a valid, unexpired government-issued identification document and/or visit a physical Issuer location to redeem the Gift Card.

34.11 Expiration and Unredeemed Gift Cards

Subject to applicable law and the applicable Issuer Terms, if the Recipient is unable or unwilling to redeem the Gift Card within the validity period established by the Issuer, the Gift Card may expire and the Transaction Amount will not be refundable. We shall have no liability for any Gift Card that is not redeemed for any reason. Where the Issuer Terms provide for replacement, reissuance, or refund of an unredeemed Gift Card, the Sender or Recipient must claim such remedy directly from the Issuer, and any administrative fees will be borne by the claimant.

34.12 No Refunds; Risk of Loss

Except as required by applicable law or as expressly permitted under Section 7 of this Agreement, all Gift Card Transactions are final and may not be exchanged, returned, refunded, transferred, or reimbursed. Gift Cards have no cash value, and Recipients shall not be entitled to redeem any portion of a Gift Card for cash unless required by applicable law. Risk of loss and title for a Gift Card pass to the Recipient upon delivery (or attempted delivery) of the Gift Card and PIN to the contact information provided by the Sender. We are not responsible for any loss, theft, destruction, interception, or unauthorized use of the Gift Card or PIN after delivery.

Without limiting the foregoing, where we determine in good faith that a Transaction is the result of fraud, identity theft, chargeback abuse, or any breach of this Agreement, we may instruct the Processor to deactivate the affected Gift Card. Such deactivation shall not entitle any third party (including the Recipient) to a refund or any other remedy from us.

34.13 Notices and Communications

By providing a telephone number, including a mobile number, in connection with a Transaction, the Sender consents to receive autodialed, pre-recorded, and SMS communications at that number for Transaction-related purposes, including purchase, delivery, and verification messages. Standard message and data rates may apply. The Sender grants us, the Processor, and the Issuer permission to contact the Recipient at the contact details provided for Transaction-related purposes.

34.14 Restricted Activities

In addition to the restrictions set forth in Sections 11 and 25, Senders and Recipients agree not to:

  • use the E-Gift Service to circumvent sanctions, export controls, or any law, rule, or regulation;
  • use the E-Gift Service for any unlawful, abusive, fraudulent, or deceptive purpose, including without limitation money laundering, terrorist financing, or the purchase of illegal goods or services;
  • act as a Sender or Recipient on behalf of any other person, business, charity, or non-human entity without disclosing such fact to us;
  • provide false, inaccurate, or misleading information regarding the Sender, Recipient, Payment Instrument, source of funds, or Transaction;
  • refuse to cooperate with an identity-verification, source-of-funds, or compliance investigation initiated by us, the Processor, or the Issuer;
  • purchase, resell, or distribute Gift Cards for commercial, arbitrage, or wholesale purposes;
  • share the PIN or Redemption Code with any person other than the intended Recipient; or
  • use the E-Gift Service to engage in chargeback fraud or friendly fraud.

We reserve the right, in our sole discretion, to suspend or terminate access to the E-Gift Service, deactivate any Gift Card prior to redemption, reverse any Transaction where technically feasible, and report suspected unlawful activity to the appropriate authorities.

34.15 Verification of Information and Government Disclosures

The Sender authorizes us, directly or through third parties (including Processors and identity-verification vendors), to make any inquiries we consider necessary to validate the Sender's and Recipient's identity, the Sender's ownership of the Payment Instrument, the Sender's stated source of funds, and the lawful purpose of the Transaction. This may include requiring the Sender to confirm ownership of the email address, mobile number, or Payment Instrument, submit identification documents, or verify information against third-party databases. We may provide information about the Sender, the Recipient, and any Transaction to government authorities, law-enforcement agencies, and regulators as described in our Privacy Policy or as required by applicable law.

34.16 Customer Service for E-Gift Transactions

Senders experiencing issues with a Gift Card Transaction—including non-delivery of the PIN, redemption disputes with the Issuer, or technical errors—should contact us promptly using the contact details set forth in Section 36. We will act in good faith to assist in the resolution of such issues, including by escalating to the applicable Processor or Issuer where appropriate; however, the resolution of redemption disputes is ultimately governed by the Issuer Terms and the applicable Issuer.

35. MOBILE APPLICATION DISTRIBUTION TERMS

This Section 35 applies whenever the User downloads, installs, accesses, or uses the Apps from a third-party application distribution platform (each, an "App Store"), including, without limitation, the Apple App Store operated by Apple Inc. ("Apple") and Google Play operated by Google LLC ("Google"). The provisions of this Section 35 supplement, and where in conflict prevail over, any other provision of these Terms with respect to the User's relationship with the applicable App Store. The App Stores are not parties to these Terms, but Apple and Google (as applicable) and their subsidiaries are intended third-party beneficiaries of this Section 35 and shall have the right to enforce these Terms against the User as such.

35.1 Acknowledgment

The User acknowledges that these Terms are entered into between the User and the Company only, and not with the App Store. The Company, not the App Store, is solely responsible for the Apps and the content thereof. The User's license to use the Apps obtained through an App Store is limited to a non-transferable license to use the Apps on any Apple- or Google-branded products that the User owns or controls, and only as permitted by the Usage Rules set forth in the applicable App Store terms of service. The Apps may not be made available on a network where they could be used by multiple devices at the same time, except as permitted by the applicable App Store.

35.2 Maintenance and Support

The Company is solely responsible for providing any maintenance and support services with respect to the Apps, as specified in these Terms or as required under applicable law. The App Store has no obligation whatsoever to furnish any maintenance or support services with respect to the Apps.

35.3 Warranty

The Company is solely responsible for any product warranties with respect to the Apps, whether express or implied by law, to the extent not effectively disclaimed in Section 31. In the event of any failure of an App downloaded from the Apple App Store to conform to any applicable warranty that has not been effectively disclaimed, the User may notify Apple, and Apple will refund the purchase price (if any) paid for the App through the Apple App Store. To the maximum extent permitted by applicable law, Apple shall have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty shall be the sole responsibility of the Company.

35.4 Product Claims

The Company, and not the App Store, is responsible for addressing any User or third-party claims relating to the Apps or to the User's possession or use of the Apps, including, but not limited to: (i) product-liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer-protection, privacy, or similar legislation; and (iv) any claim that the Apps infringe a third party's intellectual-property rights, which claim shall be governed by Section 35.5.

35.5 Intellectual Property

In the event of a third-party claim that an App or the User's possession or use of an App infringes that third party's intellectual-property rights, the Company, and not the App Store, shall be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual-property infringement claim.

35.6 Legal Compliance

The User represents and warrants that (a) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) the User is not listed on any U.S. Government list of prohibited or restricted parties.

35.7 Developer Contact Information

For any User questions, complaints, or claims with respect to the Apps, the User may contact the Company at soporte@recargarapido.com or at the address set forth in Section 36.

35.8 Third-Party Beneficiary

Notwithstanding anything to the contrary in these Terms, and without otherwise limiting the rights of any other beneficiary, the User and the Company acknowledge and agree that Apple and Google, and Apple's and Google's subsidiaries, are third-party beneficiaries of these Terms with respect to the Apps obtained from their respective App Stores, and that, upon the User's acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against the User as a third-party beneficiary thereof.

36. CONTACT INFORMATION

For any inquiries regarding these Terms of Use or our Services, the User may contact the Company at:

Tower Elite LLC
d/b/a Recarga Rapido and Rapid Recharge
8 The Green, Suite A
Dover, Delaware 19901
United States
Email: soporte@recargarapido.com

For formal legal notices (including the arbitration opt-out described in Section 27.7 and the notices procedure described in Section 20.6), correspondence should be addressed to "Attn: Legal Department" at the postal address above.

All rights not expressly granted in this document are reserved.