Terms and Conditions for the Use of the Contactless Payment Feature (NFC) of Mi Clip Cuenta
Working version for internal review
Last updated: [DATE]
The following Terms and Conditions of Use form part of the Adhesion Agreement governing the legal relationship between Clip AI, S.A. de C.V., Electronic Payment Funds Institution, identified by its trade name "Clip AI" and you, hereinafter referred to as the "Client", who together with Clip AI are identified as the "Parties". These Terms and Conditions apply by the mere fact of registering as a Client of any service offered by Clip AI; therefore, your acceptance (by any means and in any medium in which it is made) shall be subject to these Terms and Conditions, constituting an express, full, and unreserved manifestation of your will.
Declarations
Clip AI, S.A. de C.V., Electronic Payment Funds Institution ("Clip AI"), is duly incorporated under the laws of the United Mexican States, with registered address at Av. de los Insurgentes Sur 1457, Floor 23, Insurgentes Mixcoac, Benito Juárez, C.P. 03920, Mexico City, Mexico. It is a Financial Technology Institution ("Fintech"), authorized, regulated, and supervised by the National Banking and Securities Commission ("CNBV"), the Bank of Mexico ("BANXICO") and the National Commission for the Protection and Defense of Financial Services Users ("CONDUSEF"), pursuant to the Law to Regulate Financial Technology Institutions. Please note that neither the Federal Government nor the entities of the parastatal public administration may be held responsible for or guarantee the resources of Clients used in transactions with Clip AI or with third parties, nor assume any liability for the obligations undertaken by Clip AI or any of its Clients toward another party in connection with such transactions.
Clip AI is legally authorized to commercially exploit its application and web platform for smartphones, the purpose of which is to enable person-to-person payments through the use of the wallet enabled for you as a Client.
The Client declares that they are a natural person of legal age with legal capacity to be bound by these Terms and Conditions; that the information and documentation provided will be true, correct, current, and verifiable; and that the use of the NFC feature will comply with applicable Mexican law, as well as the terms and conditions applicable to Mi Clip Cuenta, the Privacy Notice, and all other contractual documents and notices related to the services provided by Clip AI and the use of the Application (as defined below).
These Terms and Conditions specifically govern the enablement, activation, configuration, use, suspension, reactivation, and other specific aspects of the contactless payment or NFC feature associated with the Client's Mi Clip Cuenta in the Mi Clip application. As such, they constitute specific and independent terms with respect to the NFC feature, but form an integral part of the contractual framework applicable to Mi Clip Cuenta and the payment services provided by Clip AI.
For any matters not expressly addressed herein, the general terms and conditions of Mi Clip Cuenta, the Privacy Notice, and other applicable contractual documents shall apply on a supplementary basis. In the event of any conflict between these specific NFC Terms and Conditions and the general terms of Mi Clip Cuenta, these specific Terms and Conditions shall prevail with respect to the NFC feature, unless otherwise required by applicable law or regulation.
First. Definitions
For the purposes of these Terms and Conditions, capitalized terms shall have the meaning set forth below:
Application: the mobile and/or web application called "Mi Clip" or any other that Clip AI may determine for the provision of the service.
Digital Wallet: the set of features that allow the Client to receive, hold, transfer, and dispose of funds at Clip AI, as well as to make payments, top-ups, and other services and functions enabled from time to time in the Application.
Mi Clip Cuenta: the electronic payment funds account held by the Client with Clip AI, which serves as the source of funds for transactions enabled in Mi Clip, as applicable.
KYC: the process of identification, validation, customer due diligence, and identity verification applicable to the Client, in accordance with applicable regulations, Clip AI's internal processes, and terms.
NFC: Near Field Communication technology used by compatible devices to make contactless payments.
Tap & Pay: the NFC payment product or feature within Mi Clip.
Token: the unique digital identifier that replaces the data of a payment card or credential and is used to enable the NFC feature within the corresponding ecosystem.
Activation: the process by which the Client accepts these Terms and Conditions and enables Tap & Pay in Mi Clip. Activation may involve interactions with third-party technology providers and ecosystem participants.
Silent Activation: the pre-provisioning or advance token request process that Mi Clip may initiate in the background after the Client logs in, subject to the corresponding contractual consent, in order to reduce processing times and improve activation success rates.
Manual Activation: the activation process carried out when the Client accesses the NFC section, accepts these Terms and Conditions, and selects the option to activate Tap & Pay, including cases where Silent Activation is not successfully completed.
Privacy Notice: the Clip AI privacy notice, available at https://miclip.mx/privacidad/miclipcuenta.
Device Configuration: the set of settings the Client must complete on their device to properly use NFC, including enabling NFC, setting the default system wallet where applicable, and selecting Mi Clip as the default Tap & Pay application where required by the operating system or manufacturer.
Payment Preference Order: the configuration by which the Client determines the order in which eligible payment methods within NFC will be attempted, including balance and linked cards, in accordance with the options enabled in the Application.
Credential Replenishment or Replenish: the automatic process by which, once the token is activated, the system replenishes payment credentials when the stored inventory falls below the intended operational threshold.
Suspension: the temporary disabling of Tap & Pay in Mi Clip upon the Client's instruction or due to applicable operational, risk, or administrative measures.
Resumption or Reactivation: the re-enabling of Tap & Pay following a suspension, subject to applicable authentication, risk, and configuration controls.
Second. Purpose
By accepting these Terms and Conditions, Clip AI makes available to the Client, where permitted by the Application and where the device is compatible, the contactless payment feature using NFC technology, associated with Mi Clip Cuenta and enabled for domestic transactions within Mexican territory, using Mi Clip Cuenta, the available balance, and/or other funding sources enabled within the Application. This is subject to authentication, prior device configuration, connectivity, and the technical and operational availability of third-party ecosystem participants, as well as acceptance by the corresponding merchant.
Third. Nature of the NFC Feature
The NFC feature is part of the Digital Wallet ecosystem, but its enablement and use are subject to technical, authentication, geolocation, eligibility, fraud prevention, device availability, and third-party technology and payment network participation requirements.
Currently, Tap & Pay in Mi Clip is documented to appear only on Android devices compatible with NFC. On iOS devices or devices that do not support NFC, the feature may not appear or may not be available within the Application.
The Client acknowledges that the availability of the NFC feature may vary from time to time depending on the operating system, device model, granted permissions, manufacturer configuration, geographic availability, third-party integration, acceptance network, and Clip AI's internal risk, security, and compliance criteria.
Fourth. Eligibility and Requirements to Activate NFC
To activate and use the NFC feature, the Client must concurrently meet the following requirements:
- Have an active Mi Clip account and, where applicable, a Mi Clip Cuenta suitable to support the enabled feature.
- Have an active account status. If the Client's account is frozen, suspended, restricted, or subject to a block, the NFC feature may not be available or may be suspended.
- Have successfully completed the KYC level required for NFC. According to current product documentation, the feature is intended for Clients with KYC L1 or L3.
- Be located in Mexico and have granted the Application the geolocation permissions required, where applicable, to display or enable the feature. If the Client is not in Mexico or does not grant the corresponding permission, the feature may be hidden or not enabled.
- Have a device compatible with NFC and access to sufficient data or network connectivity for the activation, authentication, update, synchronization, and other processes that require it.
- Expressly accept these Terms and Conditions, as well as any additional notices, permissions, or consents required for data processing, device interaction, authentication, and the operation of the feature.
Fifth. Activation of the NFC Feature
The activation of Tap & Pay may involve background processes and processes expressly initiated by the Client. The Client authorizes Clip AI to, once the Client has logged in and subject to applicable legal bases, consents, authorizations, and notices, initiate silent activation processes, status queries, token applications, token updates, and other technically necessary acts to prepare the NFC feature and improve the activation experience.
The Client acknowledges and agrees that silent activation does not in itself constitute the definitive enablement of Tap & Pay, and that final activation may require the Client to access the NFC section, accept these Terms and Conditions, and confirm activation through the Application's interface.
In the event that silent activation fails, is rejected, or cannot be completed for technical, operational, regulatory, authentication, security, or device compatibility reasons, Mi Clip may redirect the process to a manual activation or request additional validation steps, without such circumstance in itself constituting a breach by Clip AI, provided the Client retains reasonable means to continue, retry, or complete the process subject to applicable requirements.
During the activation process, Mi Clip may repeatedly verify: (i) the KYC level, (ii) the account status, (iii) the results of risk controls, (iv) the Client's identity through one or more authentication factors, and (v) the device configuration required for NFC use.
The activation process may involve interactions with third parties participating in the technical enablement of Tap & Pay, including technology providers, token requestors, tokenization services, payment networks, processors, affiliates, and other service providers required for authentication, tokenization, routing, enablement, and operation of NFC payments, in accordance with applicable regulations, the Privacy Notice, and corresponding operational documentation.
The Client acknowledges that the full activation process may take several seconds and that the Application may display messages, operational tips, progress screens, temporary errors, retry requests, or additional confirmations during such process.
Sixth. Device Configuration and Default Wallet
To properly use the NFC feature, the Client must keep the NFC chip of their device enabled, in accordance with the options and settings available in the corresponding operating system and manufacturer.
Where required by the operating system, device model, or manufacturer, the Client must set the default system wallet to allow the proper use of Tap & Pay. The Client acknowledges that certain models may require additional or different configurations to enable the operation.
Likewise, where applicable, the Client must select Mi Clip as the default application for Tap & Pay or contactless payments within the device settings. The Application may redirect the Client to system menus to facilitate such configuration, without Clip AI guaranteeing a uniform flow across all devices or manufacturers.
The Client acknowledges and agrees that device configuration depends on the operating system, manufacturer, software version, and policies beyond Clip AI's reasonable control. Consequently, certain settings may require manual interaction by the Client in device menus and may vary between models.
The fact that the Application displays buttons, guides, checkmarks, or progress messages regarding device configuration does not constitute an absolute guarantee that the configuration has been correctly completed in all scenarios, particularly where the operating system or manufacturer does not allow the Application to fully verify the result of the adjustment.
Seventh. Payment Preference Order and Default Payment Method
The NFC feature will include a payment preferences section from which the Client may define the priority order among the payment methods enabled for NFC, in accordance with the options available in the Application.
According to current product documentation, NFC preferences allow adjustments of priorities between balance and linked cards. The first option on the list will constitute the default method for NFC payments and will have the highest priority; the last option will have the lowest priority.
The Client acknowledges that, to modify the preference order, they must have at least one eligible linked card. The Application may allow reorganization of the methods through direct interaction with the corresponding list.
The balance may be presented by the Application as the recommended method for NFC payments; however, the final choice of preference order will rest with the Client within the functional limits enabled in the Application.
The Client acknowledges and agrees that cashback will not necessarily appear as an editable option within the NFC preference list; however, when applicable cashback is available for the corresponding transaction, it may be deducted with higher priority in accordance with the transactional logic implemented in the Application.
NFC payment preference settings may operate independently from the Client's general payment preferences in their Mi Clip profile. In particular, changes made within NFC preferences will not necessarily modify the general profile preferences, and certain additions or removals of linked cards in the general profile may be automatically synchronized to the NFC configuration as provided by the Application.
In the event of failure to retrieve or load payment preferences, Mi Clip may display an error message and use balance as the provisional default method, without liability to Clip AI for temporary unavailability caused by technical, connectivity, or third-party reasons.
Eighth. Use of the NFC Feature
Once the feature has been activated and the necessary device configuration completed, the Client may use Mi Clip to make contactless payments at compatible merchants and terminals within the enabled acceptance network, subject to authentication, merchant availability, ecosystem acceptance, and sufficient funds or payment sources.
The Client acknowledges that the successful use of Tap & Pay depends, among other factors, on: (i) the presence and proper functioning of the device's NFC antenna; (ii) the availability of the token and sufficient credentials; (iii) device configuration; (iv) the merchant's network and device; and (v) the authorization or acceptance of third-party ecosystem participants.
Clip AI does not guarantee that all merchants, terminals, wallets, cards, issuers, or operational scenarios will uniformly accept the NFC feature, even when the Client's device is compatible.
When the token is not connected, there are insufficient credentials, the account is blocked, the device is not compatible, or the system detects relevant inconsistencies, the Application may prevent or reject the contactless transaction and display informational messages or screens to the Client.
Eighth bis. Use of the NFC Feature in Mexico City Public Transportation Systems
In certain Mexico City public transportation systems enabled to accept contactless NFC payments, and as a result of the operational and connectivity conditions and the functioning of the transportation network, the Client acknowledges and agrees that their access to the transportation system may be authorized before the corresponding fare or transportation service payment is processed, authorized, captured, cleared, or settled.
The Client acknowledges and agrees that this mechanism may allow up to a maximum cumulative total of two (2) pending-charge accesses, trips, or services within the corresponding transportation network, subject to the system's operational rules, service availability, and risk controls determined by Clip AI or third-party ecosystem participants.
In such cases, the Client expressly authorizes Clip AI to debit, charge, clear, or apply the corresponding amount for such pending trips or services against: (i) the available balance in their Clip AI Account; and/or (ii) any other eligible and available funds, balance, method, or payment source that the Client has enabled in Mi Clip for the NFC feature, in accordance with the applicable preference order, the product's transactional logic, and applicable regulations.
If at the time of charge there are insufficient funds or no eligible payment source available, Clip AI may deny subsequent access to the transportation system, temporarily suspend the NFC feature for such use, and/or process the charge once funds or an eligible payment source become available, to the extent permitted by applicable law.
Ninth. Automatic Credential Replenishment and Continuous Technical Operation
The Client authorizes Clip AI to, once the NFC token has been activated, execute automatic processes for querying, replenishing, updating, and securely storing credentials, and other technical acts necessary to maintain the operability of Tap & Pay.
Credential replenishment may be initiated automatically when the system detects that the activated token has fewer credentials than the documented operational threshold. If credentials are exhausted or become invalid for the Client-device combination, NFC operation may fail until the corresponding replenishment is successfully completed.
The Client acknowledges that the NFC feature may depend on credentials associated with both their Client identity and the device fingerprint of the device. Consequently, reinstallations, device changes, or significant changes to the device's technical identity may require a new token application and activation process.
Tenth. Suspension, Reactivation, and Token Deletion
The Client may temporarily suspend the NFC feature from the Application, when it is activated, by following the steps and confirmations enabled in the corresponding interface.
The reactivation or resumption of the feature may be subject to verification of account status, risk controls, Client authentication, and verification of device configuration, as determined by the Application for the specific case.
The Client acknowledges that certain actions regarding the token, including its definitive deletion, may depend on operational tools, third-party portals, or processes that are not always self-manageable from the Application.
Clip AI may temporarily or permanently suspend, block, restrict, or prevent the use of the NFC feature when it detects fraud risks, contractual breaches, operational anomalies, inconsistencies in Client information, regulatory requirements, authority orders, or any circumstance that reasonably compromises security, system integrity, or regulatory compliance.
Eleventh. Authentication, Risk, and Security
The Client acknowledges that activation, suspension, reactivation, access to the NFC landing page, and certain related operations may require one or more authentication factors, including but not limited to: password, PIN, OTP via SMS, OTP via email, local or online biometrics, and other verification mechanisms deemed appropriate by Clip AI.
The Client accepts that the Application may execute risk controls that result in acceptance, enhanced verification, or rejection. In the event of rejection, the activation, suspension, reactivation, or access to NFC features may be terminated or blocked without liability to Clip AI.
The Client is solely responsible for safeguarding their device, credentials, authentication factors, and any information or permission relevant to the use of Mi Clip. The Client agrees not to share these with third parties and to immediately report any unauthorized use, loss, theft, suspicious access, or anomaly related to their account or the NFC feature.
Twelfth. Permissions, Data, and Processing of Technical Information
To enable and operate the NFC feature, Mi Clip may collect, process, transmit, and/or query technical, operational, and security information from the device and the Client's account, including configuration data, device fingerprint, token status, technical identifiers, consumer language, device information, and other information reasonably necessary for the activation, maintenance, authentication, fraud prevention, support, reconciliation, and operation of Tap & Pay.
The processing of the Client's personal data will at all times be subject to Clip AI's Privacy Notice and applicable personal data protection legislation. The Client acknowledges that, in order to enable, operate, authenticate, prevent fraud, handle disputes, and fulfill regulatory obligations related to the NFC feature, Clip AI may share information with affiliates, subsidiaries, technology providers, processors, payment networks, competent authorities, and other ecosystem participants, solely to the extent necessary for such purposes and in accordance with the Privacy Notice. Where required by the operation and applicable regulations, such exchange may be carried out using tokenized, pseudonymized, or anonymized data.
Twelfth bis. Disputes, Claims, and Fraud
Any dispute, claim, controversy, fraud report, unrecognized transaction, or request related to a transaction made through the NFC feature must be submitted by the Client through Clip AI's official channels.
For the handling, analysis, defense, transmission, follow-up, and resolution of such claims, Clip AI may share with affiliates, payment networks, technology providers, acquiring merchants, issuers, processors, and other ecosystem participants the strictly necessary information, under the terms permitted by applicable law and the Privacy Notice.
The handling and resolution of such claims shall be subject to applicable law, Clip AI's internal processes, and, where applicable, the rules and response times of the payment ecosystem and participating networks.
Thirteenth. Connectivity, Availability, and Operational Limitations
The Client acknowledges that activation and certain phases of NFC use require connectivity and technological availability. Accordingly, Clip AI does not guarantee uninterrupted continuity of the feature in the event of network failures, device interruptions, operating system unavailability, third-party incidents, acceptance issues at the merchant's terminal, or errors attributable to processors, networks, or external participants.
The Application may display errors, retries, or temporary failure screens in cases such as network issues, provision failures, inner exceptions, device safety failures, inadequate device configuration, or other equivalent events documented in the product flow.
Clip AI may modify, expand, limit, pause, or disable the NFC feature or any of its components from time to time, including the activation method, payment preferences, notifications, third-party integration, or eligibility criteria, for operational, regulatory, risk, security, business, or product evolution reasons.
Fourteenth. Notifications and Communications
The Client authorizes Clip AI to send them communications related to the NFC feature through the Application, inbox, push notifications, email, SMS, or other enabled electronic means, including notices regarding successful activation, failed activation, suspension, reactivation, operational results, and any other message reasonably necessary for the operation and security of the service.
Fifteenth. Client's Responsibilities
The Client agrees to:
- Use the NFC feature solely for lawful purposes and in accordance with these Terms and Conditions.
- Keep the operating system, permissions, and device settings updated where reasonably necessary for the use of the service.
- Review and, where applicable, adjust the default wallet, the default Tap & Pay application, and the payment preference order in accordance with their needs and the functionality enabled by the Application.
- Not attempt to alter, bypass, interfere with, decompile, manipulate, or misuse the technical components of Tap & Pay, tokens, credentials, risk controls, or authentication flows.
- Immediately report any unrecognized transaction, anomalous behavior, or suspected misuse.
Sixteenth. Limitation of Liability
Without prejudice to any non-waivable rights to which the Client may be entitled under applicable law, Clip AI shall not be liable for indirect, consequential, or lost profits damages, nor for losses arising from the inability to use NFC where the failure is attributable to incompatible devices, improper operating system configuration, lack of permissions, manufacturer errors, third-party unavailability, payment network failures, issuers, processors, telecommunications, merchant terminals, connectivity, or any other cause beyond Clip AI's reasonable control.
Clip AI shall also not be liable when the transaction cannot be executed due to insufficient funds, lack of valid credentials, unconnected token, incomplete configurations, risk rejection, failed authentication, or technical device incompatibility.
Seventeenth. Intellectual Property
Clip AI and its affiliates hold all intellectual property rights over the Application, interfaces, developments, documentation, trademarks, and any technology or know-how associated with the NFC feature. The Client receives only a non-exclusive, revocable, and non-transferable license to use the feature under the terms set forth herein.
Eighteenth. Amendments
Clip AI may modify these Terms and Conditions at any time. Modifications will be made available to the Client through the Application and/or by electronic means, and will take effect on the date indicated in the corresponding notification or, as applicable, through express or tacit acceptance when the Client continues to use the NFC feature after the publication of such changes, to the extent permitted by applicable law.
Nineteenth. Termination of the Feature
The Client may cease using the NFC feature at any time, and may request its suspension or cancellation through the means enabled by the Application or official channels for such purpose.
Clip AI may temporarily or permanently suspend the NFC feature for a specific Client or generally, where there is a breach of these Terms and Conditions, fraud risk, regulatory imposition, operational unavailability, authority instruction, product evolution, or any other reasonable cause justifying the measure.
Twentieth. Applicable Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws applicable in the United Mexican States. For the interpretation and compliance herewith, the parties submit to the jurisdiction of the competent courts of Mexico City, waiving any other jurisdiction that may correspond to them by reason of their present or future domiciles.
Twenty-First. Acceptance
By activating, configuring, or using the NFC feature within Mi Clip, or by selecting any equivalent electronic acceptance option, the Client declares that they have read, understood, and expressly and bindingly accepted these Terms and Conditions.
