Terms & Conditions
This agreement sets forth the legally binding terms and conditions for your and your business or other legal entity’s (“you”) use of the various websites owned and operated by company, including, without limitation, the https://pay2mate.com website and domain name (“sites”), and any other features, content, or applications offered from time to time in connection therewith (collectively, the “service”).
By using the sites or service in any manner, including but not limited to visiting or browsing the sites, you agree to be bound by this agreement.
This agreement applies to all users of the sites or service, including users who are also contributors of content, information, and other materials or services on the sites. By entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this agreement and that you are of legal age to form a binding contract.
Acceptance of Terms
You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. Company shall have the right to use Customer’s name in a factual manner for marketing or promotional purposes on Company’s website and in other communication with existing or potential customers. To refuse Company this right, Customer must email Company (at the email address provided in the Service) stating that Customer does not wish to grant Company this right.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in effect and enforceable. Services Customer shall have the right to grant users, including its employees, investors, vendors, advisors and agents, access to its account for use of the Services in accordance with this Agreement (“Authorized Users”) and designate which Authorized Users shall have administrative privileges.
Customer is solely responsible for ensuring Authorized Users comply with the Agreement. Customer shall be responsible for all activities occurring under Customer’s account, including all activities of its Authorized Users, and for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”).
Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and Authorized User passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent. Company may invite Customer to try certain services at no charge for a free trial or assessment or if such services are not widely available to customers (collectively, “Evaluation Services”).
Evaluation Services will be identified as alpha, beta, trial, early access, limited release, pilot, evaluation, or similar. Evaluation Services are for Company’s internal analyitical purposes only and not for production use, are not considered “Services” under this Agreement, are not supported, are provided “as is” without warranty of any kind, and may be subject to additional terms. Company may discontinue Evaluation Services at any time in its sole discretion and may never make them generally available.
Company will have no liability for any harm or damage arising out of or in connection with any Evaluation Services. Consent to Receive Electronic Communications from Company By registering for the Service and providing your name, email, postal or residential address, and/or phone number through the Service, you expressly consent to receive electronic and other communications from Company, over the short term and periodically, including email communications. These communications will be about the Service, new product offers, promotions, and other matters.
You may opt out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication, or by sending an email to email@example.com. You agree that these electronic communications satisfy any legal requirements that communications or notices to you be in writing. Account Information from Third Party Sites Through the service, you may direct company to retrieve certain information maintained online by third-party financial institutions or providers with which you have a customer relationship, maintain accounts, or engage in financial transactions (“account information”).
You agree to provide your username, password, pin and other log-in information and credentials necessary to access your account with such institutions or providers (“access information”), and you hereby grant company permission to use the access information and account information for the purposes contemplated by this agreement. By using the service, you expressly authorize company to access, store and use your account information maintained by identified third parties, on your behalf as your agent. You hereby authorize company to store and use your access information to accomplish the foregoing and to configure the service so that it is compatible with the third party sites for which you submit account information.
This may include, without limitation, monitoring your usage (including the location of relevant clicks and links) of such third party sites (when accessed through the service) solely to facilitate such compatibility and our contemplated access to your relevant account information in connection with the service. For purposes of this agreement, you grant company a limited power of attorney, and appoint company as your attorney-in-fact and agent, to access third party sites using access information, and to retrieve, store and use your account information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person solely in connection with company’s provision of the service. You acknowledge and agree that when company accesses and retrieves account information from third party sites, company is acting as your agent, and not as the agent of or on behalf of the third party.
You acknowledge and agree that the foregoing does not imply sponsorship or endorsement by any third-party services accessible through the service. You represent and warrant that neither the foregoing (or anything else in this agreement) nor your use of the services will violate any agreement or terms to which you are subject, including without limitation, those with respect to any third-party site or service. Financial Disclaimer The service is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
You acknowledge and agree that you are responsible for your own legal, tax, financial and investment research, and decisions, that the service is only one tool that you may use as part of a comprehensive analysis process that should involve many other tools and sources of information, that you should not rely on the service, and that company will not be liable for any decision made or action taken by you or others based upon information or materials obtained through use of the service. Prior to the implementation of any legal, tax, financial or investment decision or activity, you should always consult with your relevant legal, tax, financial or investment advisor or representative. The service is not intended to provide legal, tax or financial advice. Company is not a financial planner, broker, or tax advisor.
Fees and Payment
Company reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.
Payment Processing Services
Payment processing services for you on Company are provided by third party providers and these third party providers are subject to the Account Agreement, which includes the Terms of Service (collectively, the “Services Agreement”). By agreeing to these terms or continuing to operate as a user on Company, you agree to be bound by the Services Agreement, as the same may be modified by us from time to time. As a condition of Company enabling payment processing services through third party providers, you agree to provide Company accurate and complete information about you and your business, and you authorize Company to share it and transaction information related to your use of the payment processing services provided by third party provider.
Through the Service, you may receive certain types of alerts. Account alerts may be turned on by default as part of the Service. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. Company may add new alerts from time to time or cease to provide certain alerts at any time in its sole discretion. Each alert has different options available, and you may be asked to select from among these options.
Electronic alerts will be sent to the email address you have provided as your primary email address. You are responsible for informing us of changes to your e-mail address. Because alerts are not encrypted, we will never include your password. However, alerts may include information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. You may disable future alerts at any time.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Company does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of any alert. You also agree that Company shall not be liable for any delays in delivery or failure to deliver any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Third Party Sites
1. infringes any intellectual property or other proprietary right of any other person or entity;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
4. involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
6. impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.
You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for your internal business use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than for your internal business use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
The Service may also provide you with the ability to post content such as blog comments to the Service. Although some of the individuals posting to the Site work for Company, any opinions expressed are the personal opinions of the original authors, not of Company. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Company or any other party. Company assumes no responsibility or liability for any blogs, opinions or other commentary posted on the Site or any website linked to the Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of such content. The Site is available to the public. No information you consider confidential should be posted to this Site. If you submit content, you agree that Company may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you.
Company may modify, display, delete, transmit or distribute content posted on the Site in its sole discretion and without your permission. However, Company shall not be responsible for controlling or editing any content, nor can Company ensure prompt removal of inappropriate or unlawful content. You also grant to Company a worldwide, perpetual, irrevocable, royalty-free, and fully paid, transferable (including rights to sublicense) right to fully exercise and exploit all intellectual property, publicity, and moral rights with respect to any content you provide.
By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the Site, and release Company from any liability related to your use of the Site. Company reserves the right to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
Confidentiality and Feedback
Neither Company or Customer will use or disclose the other party’s Confidential Information without the other’s prior written consent, except for the purpose of exercising rights under or performing this Agreement, or if required by law, regulation, or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable before disclosing the Confidential Information. When Customer provide Company with any suggestions, information, ideas, or feedback concerning Pay2mate, its functionality and features, or any model, report or output, errors discovered, or any suggestions for or relating to any models or output (“Feedback”) while using Pay2mate, such Feedback will be the property of Company.
All rights not expressly granted in this Agreement are reserved by Company. Without limitation, this Agreement grants you no rights to the intellectual property of Company or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of Company, you have breached any provision of this Agreement.
If Company, in Company’s discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Company will be entitled to recover from you as part of such legal action, and you agree to pay, Company’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Company Parties will have no legal obligation or other liability to you or to any third party arising out of or relating to any termination of this Agreement.
Integration and Severability