Terms Of Service

Last updated August 22nd, 2016.

Please read these Terms and Conditions carefully before using this Website.

Terms and Conditions

The Website and its Content is owned by PayKit, LLC (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our Website and the user of our Services. 

Please read these Terms and Conditions (“Terms”) carefully. We reserve the right to change these Terms on the Website at any time without notice, and by using the Website or Services you are agreeing to the Terms as they appear, whether or not you have read them. If you do not agree with these Terms, you are prohibited from using our Website or Services. 

Website Use

The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by United States intellectual property laws.

You must be at least 13 years of age to use this Website.

Services

Through our Website we offer you the ability to initiate automated payment plans billed directly to your clients’ credit cards (our “Service”). By enrolling in our Services, you agree to use Stripe as the payment processor for payments you bill through our Services. If you already have a Stripe account, you will be guided to connect that account to your PayKit account through the registration process. If you do not have an existing Stripe account, you will be guided to create one through the registration process. In creating an account with Stripe, you agree to merchant fees charged by Stripe (currently 2.9% of the transaction amount + $.30 per transaction which will be applied in addition to our monthly subscription fee), as well as to Stripe’s terms of service, which can be found here: https://stripe.com/us/legal. Any questions or concerns regarding Stripe’s terms or fees should be directed to Stripe. We do not collect or store your or your clients’ payment information. All information is retained by Stripe in order to process automated payments.

Our Services are limited to the initiation of a charge to your clients’ credit cards through Stripe on the dates that you determine. We do not offer payment processing services, and we are not a bank or a money services business (“MSB”), nor do we offer banking or MSB services as defined by the United States Department of Treasury.

By accessing or using this Website or our Services, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration by, use of or access to the Website or our Services by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. 

Intellectual Property Rights Our Limited License to You

This Website, Services and Content is property solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. 

If you view, purchase or access our Website, Services or any of our Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

The trademarks and logos displayed on our Website are trademarks belonging to us, unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. 

All rights not expressly granted in these terms or any express written license, are reserved by us.

Personal Responsibility and Assumption of Risk

You agree that your use of our Website and Services is at your own risk.

Technology Disclaimer

We try to ensure that the availability and delivery of our Website and Services is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website or Service become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or Service inaccessible to you. 

Indemnification

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, Services or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us. 

Limitation of Liability and Assumption of Risk

You agree that by using our Website or Services you are doing so at your own risk.

YOU AGREE THAT THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES,SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE MONTHLY SUBSCRIPTION FEE FOR THE MONTH IN WHICH ANY CLAIM ARISES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, the liability of the Company, its subsidiaries, affiliates, licensors, licensees, service providers, employees, agents, officers, and directors will be limited to the greatest extent permitted by law.

Your Conduct

You agree that you will not use our Website or Services in any way that causes or is likely to cause the Website, Content, Services or access to any of them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and to us.

You agree to only purchase Services for yourself or for another person or entity for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to use the Website and Services for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:
  • for fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
  • obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
  • to send, negatively impact, or infect our Website, Services or Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
  • to impersonate any third party or otherwise mislead as to the origin of your charges;
  • to reproduce, duplicate, copy or resell any part of our Website, Services or Content in a way that is not in compliance with these Terms or any other agreement with us. 

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and Services, in full or in part, at any time without notice. In the event of cancelation or termination, you are no longer authorized to access the part of the Website or Services affected by such cancelation or termination. The restrictions imposed on you in these Terms with respect to the Website and Services will still apply now and in the future, even after termination by you or us.

If you have any questions about these Terms and Conditions, please contact us at hello@paykit.io.