Terms of use
These Terms & Conditions ("T&C") govern the access to and use of services provided by the Pinguino business group. By accessing our websites, platforms, or services, you acknowledge that you have read, understood, and agreed to be bound by these T&C.
1. Definitions & Business Group Structure
For purposes of these Terms & Conditions:
“Pinguino BPO” and “Pinguino Group” refers collectively to the independent but collaborating legal entities described below.
Pinguino Capital LLC is a limited liability company incorporated in the United States, providing consulting, advisory, operational coordination, and treasury-related services.
Pinguino Capital S.A.S. (Colombia) serves as the principal technology and operational infrastructure provider within the Pinguino ecosystem. The company develops, owns, and operates proprietary payment orchestration software and administrative platforms designed to coordinate international financial operations, contractor management, transaction reconciliation, and payment disbursements. Through established commercial relationships with financial institutions, payment service providers, and regulated infrastructure partners, Pinguino Capital S.A.S. facilitates the technical coordination and operational management of domestic and cross-border payment workflows. These activities are performed under applicable commercial agreements, joint ventures, and mandate arrangements, with the underlying financial services executed through the respective authorized infrastructure providers.
446 Interactive LLC is a limited liability company incorporated in the United States, providing commercial consulting, business development, digital, creative, and operational advisory services. The company may collaborate with other entities through independently established commercial and joint venture agreements.
The term "Pinguino Group" is used solely as a commercial designation for independently established entities that may collaborate under specific contractual arrangements. It does not constitute a separate legal entity, corporate holding structure, or representation of common ownership or control. Each entity retains independent ownership of its assets, technology, intellectual property, commercial relationships, and contractual obligations.
Each entity operates under its own legal personality, jurisdiction, and regulatory obligations. Any collaboration between entities occurs pursuant to written joint venture, intercompany, or mandate-based agreements and does not constitute common ownership unless expressly stated otherwise.
2. Scope of Services
Services offered by the Pinguino Group may include, without limitation:
Business and operational consulting
Financial and payment flow advisory
Cross-border payment coordination and treasury administration
Contractor and vendor management support
Digital, creative, and operational services
Services are provided on a business-to-business (B2B) basis only. No consumer financial services are offered.
The specific services provided, and the entity responsible for delivery, depend on the nature of the engagement, jurisdiction, and applicable agreements.
3. Nature of Relationship
Clients, partners, and contractors acknowledge that:
The Pinguino Group does not act as an employer of record unless explicitly agreed in writing.
Independent contractors remain independent and are responsible for their own tax, labor, and regulatory obligations.
No partnership, agency, or employment relationship is created by these T&C unless expressly documented.
4. Payments, Fees & Treasury Operations
Fees for services are determined by the applicable engagement, pricing schedule, or service description.
Invoices may be issued where applicable, depending on the nature of the service.
Certain services are governed by accepted Terms & Conditions rather than individual contracts or per-engagement invoices.
Commencement of Services and Acceptance of Terms
The business relationship between the Client and the applicable service-providing entity operating under the Pinguino BPO commercial designation shall commence upon payment of the first invoice issued by that entity for the requested services, unless a separate written agreement or an alternative acceptance mechanism expressly governs the engagement.
Payment of the first invoice constitutes the Client’s acceptance of these Terms & Conditions and establishes the commercial relationship between the parties. No separate written or signed agreement shall be required unless otherwise agreed in writing by both parties.
The commercial relationship shall remain in effect while the Client continues to request services from the applicable service-providing entity operating under the Pinguino BPO commercial designation and pays subsequent invoices issued for those services. Each paid invoice confirms the continuation of the engagement under these Terms & Conditions.
These Terms & Conditions, together with the invoices issued and paid, shall constitute the governing agreement between the applicable service-providing legal entity and the Client with respect to the services provided, unless a separate written agreement expressly governs the engagement.
Intercompany & Joint Venture Transfers
Transfers between affiliated or collaborating entities within the Pinguino Group, including those conducted under joint venture or inter-company agreements, may represent operational funding, cost allocation, or centralized treasury management.
Such intercompany transfers are not necessarily invoiced on a per-transaction basis and are governed by the applicable joint venture or intercompany agreement.
Funds may be routed through regulated third-party payment service providers or financial intermediaries for operational efficiency.
The legal, accounting, and tax classification of funds transferred between collaborating entities shall be determined by the underlying contractual relationship, economic substance, applicable payment instructions, and the obligations assumed by the respective parties. Funds administered on behalf of third parties, where applicable, shall be distinguished from fees, commissions, and other revenue earned directly by the service-providing entity.
5. Third-Party Payment Providers
The entities operating under the Pinguino BPO commercial designation may utilize banks, payment service providers, financial infrastructure partners, digital asset service providers, currency conversion platforms, and other legally permitted service providers to support domestic and international payment coordination, settlement, reconciliation, and fund disbursement.
Pinguino Capital S.A.S., as the principal technology and operational infrastructure provider within the Pinguino ecosystem, may select, engage, replace, and coordinate such providers in accordance with applicable commercial agreements, operational requirements, and compliance obligations.
Funds may be received, converted, settled, or disbursed through accounts and infrastructure maintained by authorized third-party providers, without necessarily passing directly through a bank account held by Pinguino Capital S.A.S., provided that appropriate transactional and accounting records are maintained.
The participating Pinguino entities do not act as banks, deposit-taking institutions, or issuers of electronic money. Payment instructions and the administration of funds are governed by the applicable contractual, mandate, and operational arrangements.
6. Compliance & Lawful Use
Users and counterparties agree to:
Use services solely for lawful commercial purposes
Comply with applicable anti-money laundering (AML), counter-terrorism financing (CTF), tax, and regulatory requirements
Provide accurate and complete information when requested
The Pinguino Group reserves the right to suspend or terminate services where misuse, illegality, or regulatory risk is identified.
7. Confidentiality & Data Protection
All parties agree to maintain the confidentiality of non-public business, financial, or operational information obtained through the relationship.
Personal data, where applicable, is handled in accordance with applicable data protection laws and our Privacy Policy.
8. Limitation of Liability
To the maximum extent permitted by law, the Pinguino Group shall not be liable for indirect, incidental, consequential, or punitive damages arising from the use of services.
Liability, where applicable, shall be limited to fees paid for the specific service giving rise to the claim.
9. Governing Law & Dispute Resolution
These Terms & Conditions are governed by the laws of the jurisdiction applicable to the entity providing the services, unless otherwise agreed.
Disputes shall be resolved amicably where possible and otherwise submitted to arbitration or competent courts as determined by the applicable agreement.
10. Modifications
Pinguino Group may update these Terms & Conditions periodically. Continued use of services constitutes acceptance of updated terms.
11. Contact
For questions regarding these Terms & Conditions, please contact the relevant Pinguino Group entity through the official website, pinguinobpo.com, or designated communication channels.