TERMS OF SERVICE
These Terms of Service (“Terms”) govern your use of our mobile payment application (“App”), which is provided by Open Commerce LLC (“Company”). By using the App, you agree to be bound by these Terms.
1. LICENSE TO USE THE APP
Subject to these Terms, Company grants you a limited, non-exclusive, non-transferable license to download, install and use the App on your mobile device for the purpose of accepting card payments from customers for goods and services sold by you or your business.
2. PAYMENT PROCESSING SERVICES
Company provides payment processing services through the App that enable you to accept payments from customers using their credit or debit cards. Company processes payments on your behalf and deposits the funds to your designated bank account, minus any applicable fees or charges. By using the payment processing services, you agree to comply with Company’s payment processing policies and any applicable laws or regulations.
3. USER ACCOUNTS
In order to use the payment processing services provided through the App, you may be required to create an account with Company. You are responsible for keeping your login credentials, including your password, confidential and secure. You are also responsible for any activity that occurs under your account.
4. CONTENT AND INTELLECTUAL PROPERTY
All content, materials, and intellectual property provided through the App, including but not limited to text, graphics, logos, images, software, and code, is the property of Company or its licensors and is protected by copyright, trademark, patent, trade secret, and other laws. You may not copy, modify, distribute, sell, or create derivative works of any content, materials, or intellectual property provided through the App without Company’s prior written consent.
5. PROHIBITED ACTIVITIES
You agree not to use the App for any unlawful or prohibited purpose, including but not limited to:
- Engaging in any fraudulent activity, including but not limited to processing fraudulent transactions or using stolen or unauthorized credit or debit cards;
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Uploading or transmitting viruses, malware, or other harmful code;
- Interfering with or disrupting the App or Company’s servers or networks; and
- Engaging in any activity that could harm Company’s reputation or business operations.
6. DISCLAIMER OF WARRANTIES
THE APP AND PAYMENT PROCESSING SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE APP OR PAYMENT PROCESSING SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APP OR PAYMENT PROCESSING SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Company, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your use of the App or payment processing services, your violation of these Terms, or your violation of any third-party rights.
9. MODIFICATIONS TO THE APP OR TERMS
Company may modify or discontinue the App or payment processing services, or modify these Terms, at any time and without notice. Your continued use of the App after any modifications to these Terms will constitute your acceptance