Last Modified: September 16, 2025
This user agreement explains the terms and conditions (the “Terms”) that apply to purchases of products and services from Cardepot, Inc. d/b/a CARDEPOT and its affiliates (collectively, “CARDEPOT”), including through the CARDEPOT retailer portal, available at https://www.latinotopup.com (the “Portal”). By opening an account, purchasing products and/or using services (including Digital Signage Services) available through CARDEPOT, the retailer and account owner (the “Retailer” or “you”) agrees to these Terms. This is an enforceable legal agreement between you and CARDEPOT. The Terms include a provision for dispute resolution that includes an agreement for arbitration and class action waiver. The Terms are subject to change at any time without prior notice. Please check the Portal regularly to ensure that you have reviewed and understand the current Terms.
CARDEPOT offers access to third party-provided closed loop long distance telephone and top-up (or recharge) service, closed loop prepaid gift cards and bill pay services. CARDEPOT also provides digital signage services and related services. References herein to “cards” are to virtual, not physical, cards.
Access to the Portal. A login and password may be assigned to enable you to access and use certain portions of CARDEPOT. Anyone using the assigned login and password will be regarded as an authorized user in a manner consistent with the Terms. The assigned login and password is the sole responsibility of the customer regardless of whether or not the access and use of CARDEPOT is actually authorized by the account owner. You should not share your credentials with anyone and agree to promptly notify CARDEPOT if you believe your credentials are lost, stolen, or you believe they may be otherwise compromised in any manner. Portal services and support are provided by Logical Telecom, L.P.
Closed Loop Telephone and Top-up Services. Telephone long distance and top-up services are available for purchase by the Retailer. For a customer to use such services, a customer account must be opened with sufficient balance in accordance with third party service provider policies. The services offered by CARDEPOT through the Portal are issued by the telephone long distance or top up service provider identified on the card or product, who is the sole obligor to the customer or other user of the card or product. CARDEPOT is not the underlying provider of closed loop telephone and top up services, and has no ongoing obligation or liability to redeem or otherwise provide services in connection with the cards or products.
Closed Loop Gift Cards. Retailers also may purchase and add funds to closed loop gift cards, which CARDEPOT sells and services through the Portal. The cards offered by CARDEPOT are issued by the retailer or service provider identified on the card, who is the sole obligor to the customer or other user of the cards. CARDEPOT is not the issuer and has no ongoing obligation or liability to redeem or otherwise provide services in connection with the cards.
Bill Pay Services. For bill pay, Retailers may access the Portal and, when doing so, act as an agent on behalf of CARDEPOT and its principals to accept and process payment for utility bills on behalf of Retailer’s customers. CARDEPOT accepts bill payments on the Portal pursuant to contracts with utility companies and as their own agent or sub-agent to allow your customers to pay utility bills that you process through the Portal. Upon successful processing of utility bills through the Portal, those bills are deemed paid by customer given the role as agent or sub-agent of CARDEPOT with the payee utility companies and the customer has no further risk or obligation. However, CARDEPOT and its principals, including the utility companies, bear no responsibility or obligation to Retailer or customers for bills rejected by the Portal or where payment is not accepted or completed for any reason.
Digital Signage Services. As applicable, CARDEPOT will deliver, install and maintain digital signage hardware at retail locations specified by Retailer. You agree to provide reasonable cooperation, including site readiness and availability of power, mounting space, and an internet network. CARDEPOT will provide reasonable ongoing technical support, routine maintenance, and software updates as appropriate. CARDEPOT will repair or replace defective hardware, excluding damage caused by Retailer, misuse, accidents, or force majeure events. CARDEPOT may update software, or swap hardware as needed for performance or compliance. CARDEPOT reserves the right, in its sole judgment, to determine all screen content including refusing to promote any product proposed by You for display on any equipment. CARDEPOT reserves the right to promote its own products and services, as well as products and services offered through the Portal, and may also showcase third-party products and services on digital screens in addition to the products provided by You. You have the right to display and promote up to five (5) products on digital screens at any given time, subject to advance approval from CARDEPOT. You have the right to update the promoted products on a monthly basis. Each update must be submitted to CARDEPOT no later than the first day of each month for approval. CARDEPOT will notify You of any refusal within fourteen (14) business days of receiving the proposed products or material. Charges for initial installation and set-up are waived; charges for digital signage, hardware, ongoing technical support, routine maintenance, and software updates are waived; and recurring fees are waived. In the event that You request special installation or construction outside the ordinary scope of services, CARDEPOT reserves the right to impose a fee/cost, which will be disclosed in advance. CARDEPOT retains ownership of all content uploaded to the system. The screens and any other equipment provided by CARDEPOT shall remain the property of CARDEPOT at all times. CARDEPOT reserves the right to remove all hardware, software and related equipment from Retailer premises at any time, with or without notice. Software is only licensed for Your use.
Retailer Obligations. Retailer agrees to follow all applicable policies and procedures posted on the Portal or otherwise provided by CARDEPOT. Retailer agrees to only use the scripts, disclosures, and advertising materials provided by CARDEPOT through the Portal or otherwise in offering products and processing payments and purchases through the Portal.
Retailer Representations and Warranties. Retailer represents and warrants that (a) it is duly organized and validly existing under the laws of the jurisdiction in which it was formed; (b) it has all requisite organizational power and authority to perform under these Terms; (c) it will comply with all applicable federal, state, and local law and regulations, including pertaining to retail crime and gift card fraud; (d) it will use commercially reasonable measures to limit fraud and illegal robocall activity in connection with sale of products on and through the Portal; (e) that it will promptly notify CARDEPOT of any suspected fraudulent activity, in connection with the Portal and CARDEPOT products and services; and (f) it will not infringe any patent, trademark, copyright, or similar proprietary right or intellectual property of CARDEPOT.
Payments. If Retailer fails to pay CARDEPOT amounts due, in addition to all rights and remedies available under the Terms and applicable law, CARDEPOT may at its sole discretion, charge a late payment charge of up to 1.5% per month, subject to limits imposed by applicable law.
Confidential Information. Both parties agree to treat all business, technical and financial information (“Confidential Information”) received from the other party as confidential. Confidentiality obligations survive termination for three years. Confidentiality does not apply to information that is public, independently developed, rightfully obtained from third parties or required to be disclosed by a court or regulatory authority in the United States.
Consent to Communications. If we need to contact You to service Your account or to collect amounts You owe, You authorize CARDEPOT and our affiliates and agents to contact You at any phone number or contact address You provide, or from which You contact us, or which is associated with Your use of the Portal, or at which we believe we can reach You. We may contact You in anyway, such as SMS/text messages, telephone calls, emails, other electronic messages, or using any other method of communication permitted by law. We may contact You on a mobile, wireless or similar device, even if You are charged for it. You agree to immediately notify CARDEPOT if any telephone or mobile number or email address You have provided or used to contact CARDEPOT is changed or surrendered by You. You may revoke this consent at any time but recognize that this may impact Your ability to participate in the services. “STOP” instructions to cancel SMS text messaging from L CARDEPOT will be included in each message. You expressly consent to receipt of a text message to confirm Your “STOP” request.
Privacy. Your use of the Portal, including personal information provided by you and your customers, is subject to the CARDEPOT Privacy Policy, which is posted in the Portal and expressly incorporated in and made part of these Terms.
Intellectual Property Rights. All logos, symbols and intellectual property contained on https://www.latinotopup.com, the Portal, and/or related advertising collateral are property of CARDEPOT. CARDEPOT services cannot be commercially resold. CARDEPOT is a registered trademark of Cardepot, Inc..
Third-Party Claims Arising from Retailer Use of the Portal. CARDEPOT shall not be responsible for any third-party claims that arise from the use of the Portal, the services and/or the customer account. This includes the processing of bill pay requests. All costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are determined to be the misconduct or gross negligence of CARDEPOT, shall be the full responsibility of the RETAILER / account owner. This provision will remain in force after the termination or expiration of the TERMS.
Limitation of Liability. Under no circumstances shaLL CARDEPOT, its affiliates, agents, partners, directors, officers, members and employees be liable for any indirect, special, punitive or consequential damages from any cause, action or claim relating to THE PORTAL, the service, https://www.latinotopup.com, and/or the underlying SERVICES ISSUED BY THE SERVICE PROVIDER. CARDEPOT is not responsible for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever.
Force Majeure. CARDEPOT will not be responsible for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, wars, pandemics, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond.
Termination and Changes to the Terms. Without prior notice, CARDEPOT may immediately terminate the Terms or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, CARDEPOT may immediately revoke all customer accounts including any assigned login and password(s). Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Dispute Resolution -- IMPORTANT - READ CAREFULLY
To expedite resolution and control the cost of any dispute for you and CARDEPOT, any controversy or claim related to your use of the Portal, the services, these Terms, your relationship with CARDEPOT, the Privacy Policy, and any communications among and between you and CARDEPOT and your customers (“Dispute”), you and CARDEPOT agree to first attempt to negotiate any Dispute informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. This provision is a condition precedent to pursuing arbitration as described below.
Except where you or CARDEPOT choose to pursue an individual claim in small claims court consistent with the jurisdictional limits, any Dispute shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. More information about JAMS’ and how to initiate arbitration is available at: https://www.jamsadr.com/adr/.
YOU AND CARDEPOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS OF USE, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Any arbitration will be initiated in and take place in San Antonio, Texas or, at your choice, in the county where you reside, as determined based on your address on file with CARDEPOT. You may, at your election, also agree to arbitrate on written papers or by telephone. This Dispute Resolution agreement survives the termination of any agreement between you and CARDEPOT.
Governing Law. Although the Dispute Resolution provision is governed by the Federal Arbitration Act, these Terms and any Dispute are otherwise governed by the laws of the State of Texas. Please send any questions or correspondence regarding this user agreement, the Portal or https://www.latinotopup.com website to:
Contact Us.
CARDEPOT
16414 San Pedro Suite 610
San Antonio, TX 78232