Terms of Use
YOUR USE OF THIS WEB SITE AND PAGOS’ SERVICES PRIOR TO AND AFTER REGISTRATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Terms of Use will specify Your limited and qualified rights and authority to access and use Pagos, its Services, and website or functionality. It contains limitations, disclaimers, indemnification, and other important terms related to Your access and use. In order to register for Pagos’ Services, You will have to complete the registration and agree to the Terms of Service. The Terms of Service will contain additional terms and conditions for purchase and use of Pagos’ proprietary payments analytics, monitoring and other services.
Your access and use of Pagos Services by any means, including all of its features and content is part of a service made available by Pagos Solutions, Inc., or its affiliates (“Pagos”) and all content, information, services and software ordered or provided (“Content”) may be used solely under the following terms and conditions (“Terms of Use”), in addition to any other agreement required to be entered into hereunder.
1. Limited License. As a user You are granted a limited nonexclusive, nontransferable, revocable, license to access and use pre-registration Content for non-consumer purposes in accordance with these Terms of Use and any other terms and conditions you must agree to before further access or use is allowed. Unless otherwise agreed to, Pagos may terminate this license immediately at any time for any reason without prior notice.
2. Limitations on Use; Third Party Communications.
2.1. Limitations on Use. The Content is for Your business use only and not for consumer purposes or commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides data or data analytics, such information related to payments or card transactions you may make such data or analytics available to other authorized persons or affiliates, so long as the other person or entity is authorized for such use hereunder. You may not use the Content for any consumer or household purposes, or to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Content without Pagos’ prior written permission. You may not use any Content or Pagos Services for any false, misleading, fraudulent or illegal communications or obscenity or crime. You may not copy, modify, reproduce, republish, distribute, display, or transmit for consumer, commercial, non-profit or public purposes all or any portion of the Content, except to the extent permitted above. You may not use or otherwise export or re-export the Content or any Pagos Services or any portion thereof, in violation of the export control laws and regulations of the United States of America or in violation of any other country’s laws or regulations. Any unauthorized use of the Content or Pagos Services, or any portion thereof, is prohibited.
2.2. Third Party Communications. Pagos disclaims all liability for any Third Party Communications You may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Pagos assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications including any of Your data. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Content or Pagos Services.
3. Not Legal Advice. The Content is not intended to and does not constitute tax or legal advice and no attorney-client relationship is formed, nor is anything submitted to Pagos treated as confidential unless otherwise agreed. Subject to your Services or Services Package, the accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed and your use of Content or materials linked is at your own risk and for non-consumer or commercial purposes.
4. Intellectual Property Rights.
4.1 Except as expressly provided in these Terms of Use, and subject to any additional terms and conditions for the Terms of Service You may later agree to, nothing contained herein shall be construed as conferring on You or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to any code, process, idea, method, patent, copyright or other intellectual property rights. You agree that the Content and any of Pagos Services are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and that You or anyone affiliated with You will infringe or breach any of those rights. The Pagos symbols are trademarks of Pagos Solutions, Inc. and may not be used without prior approval unless otherwise agreed to in a prior writing.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Pagos reserves the right to remove any Content that allegedly infringes another person’s copyright. Pagos will terminate, in appropriate circumstances, subscribers and account holders of Pagos’ system or network who are repeat infringers of another person’s copyright. Notices to Pagos regarding any alleged copyright infringement should be directed to the Pagos Solutions, Inc., c/o Legal Officer via mail or courier at Law Office of Joseph M. Kar, PC, 15250 Ventura Blvd., Ste. 1220, Sherman Oaks, CA 91403, or via email at support@pagos.ai with the title “LEGAL NOTICE DMCA.”
6. Linking. You may not provide links or republish any part of the Content, and (a) You may not alter, remove or obscure, by framing or otherwise, any portion of the Content, including without limit, data, Terms of Use, or Terms of Service or other related documents, advertisements, trademark or copyright notices, and other notices, (b) You shall immediately deactivate and discontinue providing links or republication if any, whether or not requested by Pagos and immediately when requested by Pagos or its affiliates, and (c) Pagos may deactivate or restrict any link(s) or the Content or any portion thereof, at its discretion.
7. No Solicitation. You shall not distribute on or through Pagos or the Content or any part thereof any kind notifications, communications, advertising, promotion, solicitation for goods, services or funds or solicitation for Yourself or others. In no event may any person or entity solicit anyone with data retrieved from Pagos, or the Content.
8. Registration and Acceptance of Additional Terms and Conditions. For You to be approved to access and use the Content, You must register and accept the Terms for Service, and pay for the respective Service or Services Package You select. If registration is requested or additional terms and conditions are required, You agree to provide accurate and complete information and represent that You are authorized to be bound and are bound to those additional terms and conditions. It is your responsibility to inform Pagos of any changes to that information and update us. Each registration is for a single entity only, unless specifically designated otherwise or agreed to. Pagos does not permit anyone other than you or an authorized person to use enumerated Service or Services Package after additional registration or acceptance. You are responsible for preventing such unauthorized use and access to Your account(s). If you believe there has been unauthorized use, you must notify Pagos immediately by emailing support@pagos.ai with the title “UNAUTHORIZED USE.
9. Errors and Corrections. Unless expressly stated otherwise, Pagos does not represent or warrant that the Content or any data or data analytics will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Unless expressly stated otherwise, Pagos does not warrant or represent that the Content available will be correct, accurate, timely, or otherwise reliable. Pagos may make improvements and/or changes to its features, functionality or Content at any time at its discretion.
10. Third Party Content. Third party content (including, without limitation, BIN or card association information) may be used or may be accessible via links or networking through Pagos. Pagos shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, data, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing or used. Unless otherwise agreed to, you understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Pagos. Further, information and opinions provided by employees and agents of Pagos are not necessarily endorsed by Pagos and do not necessarily represent the beliefs and opinions of Pagos.
11. DISCLAIMER. THE CONTENT AND DATA ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PAGOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PAGOS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM USE AND/OR ACCESS TO THE CONTENT AND ANY PART THEREOF INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY INTERFACES, WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS OR NETWORKING TO PAGOS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE CONTENT, THE DATA, OR ANY PORTION THEREOF, (E) YOUR ACCESS OR USE OF THE CONTENT OR THE DATA OR ANY PORTION THEREOF, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE CONTENT OR USE OR ANY PORTION THEREOF.
12. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE MAY BE AGREED TO, PAGOS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE CONTENT OR ANY DATA, FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF PORTION THEREOF, OR ANY THIRD PARTY COMMUNICATIONS. PAGOS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT ANY OF THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PAGOS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE MONTHLY FEES COLLECTED FROM YOU IN THE PRECEDING MONTH.
13. Indemnification. Subject to the Terms of Services, You agree to indemnify, defend and hold Pagos, its officers, directors, employees, agents, licensors, suppliers, attorneys, and any of its third party information providers, harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by You or arising from or related to Your use or access, or attempted use or access any portion thereof.
14. Third Party Rights. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of Pagos and its officers, directors, employees, agents, licensors, suppliers, attorneys, and any third party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on their/its own behalf.
15. Unlawful Activity; Termination of Access. Pagos reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Pagos may discontinue any party’s participation in any of the interactive areas at any time for any reason or no reason.
16. Remedies for Violations. Pagos reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address and any other Pagos Services or features.
17. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of California and any action arising out of or relating to these terms shall be filed only in state or federal courts located in California and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
18. Privacy and Data Policies. You agree that Your use and access of the Content is subject to Your strict compliance with Pagos’ Privacy and Data Policies.
19. Additional Terms for Pagos Services. Your use and/or access of any Services of Pagos Solutions Inc. or any of its features or services, and other related materials shall also be governed by the Pagos Terms of Services with any applicable additional fees and charges for use and/or access of any additional features and services which You select during or after the registering, all of which said additional terms and conditions are incorporated by reference herein. Your completion of the Pagos registration process, and use and/or access to Pagos Service(s) constitute Your acceptance. If you do not agree with all of Pagos terms and conditions, You must immediately discontinue use and/or access, and agree not to access or use any of the Content, Pagos Services, solutions, or features.
20. Severability of Provisions and Entire Agreement. These Terms of Use incorporate by reference any notices, the Privacy and Data Policies and any Terms of Service entered into, which all constitute the entire agreement with respect to access to and/or use of any of the Content or Pagos Services. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if You have a fully executed separate written agreement with Pagos that governs Your use and/or access of the Content or Pagos’ Services or features, that agreement shall constitute the entire agreement between You and that Pagos with respect to the Content or Services or features subject thereto, and these Terms of Use shall be treated as subordinated and having no force or effect with respect to that separately entered into or signed agreement or to the extent any of the terms and conditions are conflicting.
21. Conflicting Provisions. In any event, these Terms of Use shall be superseded by and subordinated to the Terms of Service You enter into, and shall be read consistently to give force and effect to the terms and conditions prevailing in the Terms of Service. Notwithstanding anything to the contrary in these Terms of Use, if You have a fully executed separate written agreement with Pagos that governs Your use and/or access of the Content or Pagos’ Services, then that separate agreement shall supersede and control Your use and/or access to the Content and/or Pagos Service(s).
23. Modifications to Terms of Use. Pagos reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Web Site after any such changes constitutes your consent to such changes.