Terms and Conditions
Payeah's Products and Services General Terms of Use
Last updated: Nov 10, 2023
Introduction
When we refer to "Payeah", "we", "us", or "our", we mean, Pazzle Technology Inc. along with its affiliates, depending on the country of our incorporation and where your account is registered, as well as the specific Payeah products and services you wish to utilize.
Payeah holds exclusive ownership rights to the content and information available on the https://payeah.io. By accessing and utilizing the products, services, and content available on the Payeah Website, you acknowledge that you have thoroughly read, understood, and accepted these General Terms of Use, and you pledge to abide by them. If you disagree with any of these terms, you should cease using Payeah's products, services, and the Website immediately.
Terminologies
This section covers the definitions of terms that may recur across the whole agreement:
Agreement - refers to therefers the terms and conditions stated in this document.
Application - refers to the Payeah services that includes, but is not limited to the
End-User - refers to the customers of Payeah who use the Application or the Services.
Feedback - refers to all suggestions, requests and feedback communicated to us regarding the Services, and all inventions, improvements, modifications, product or Services ideas, and concepts contained therein.
Services - refers to all content, products, promotions, Services and functionality available at or through the Application and the Site.
Payeah - refers to the ecosystem project that allows customers to simultaneously disburse cryptocurrency across multiple wallets.
Relevant Terms
These General Terms of Use are complemented by Payeah's Privacy Policy which elaborates on the use of cookies on the Payeah Website and the terms under which Payeah may process any personal data that you either provide to us or that we collect from you. By accessing and interacting with the Payeah Website, you give your consent to such processing. You also certify that all data you've provided is both accurate and current.
Furthermore, these General Terms of Use are enhanced by any other terms that are particularly relevant to specific products or services offered by Payeah. Collectively, they constitute the comprehensive agreement that oversees your access to, and use of, Payeah's products, services, and the Payeah Website.
PLEASE READ THIS AGREEMENT AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THE APPLICATION OR USING ANY OF THE OTHER SERVICES.
By clicking or ticking the “Agree” box prior to completing the transaction process, or by accessing or using any other part of the Services, you agree to be bound by the terms and conditions of this Agreement, which forms a legally binding contract between you and Payeah. If you do not agree to all the terms and conditions of this Agreement, then you will not be able to use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
The Services are available only to individuals who are at least 18 years old. If you are less than 18 years old, you may not use the Services.
Acceptable Use Policy
The Services are only available for your access and use for lawful purposes. You understand that when using the Site or Application, you may be exposed to user content provided by other users or third parties, and you agree that Payeah is not responsible for the accuracy, safety, appropriateness or intellectual property rights in, or related to, such user content. Any act committed by End Users or third parties associated with the End User’s account (which may also refer to the End User’s linked crypto wallet), which (a) violates the Agreement; (b) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services; or (c) through the use of the Services, abuses, defames, harasses, disparages or threatens another End User of the Services or any other third party, is strictly forbidden.
The following are prohibited activities:
- for any unlawful activity or to promote any illegal act.
- using hacked/rooted/jailbroken devices to manipulate device information when using the Services;
- using metatags or any other “hidden text”;
- utilizing any of our, or any third party’s, product names or trademarks;
- to impersonate Payeah, a Payeah employee, or any other person or to misrepresent your affiliation with any person or entity;
- harvesting or otherwise collecting Personal Information about users;
- using any robot, spider, crawler, scraper or other automated means to access the Services;
- taking any action that imposes or may impose an unreasonable or disproportionately large load on our technical infrastructure;
- bypassing any measure we may use to prevent or restrict access to the Services or certain features or modules of the Service;
- transmit or disseminate any material which is harmful, offensive, defamatory, or otherwise objectionable;
- attempt to gain unauthorized access to Payeah's computer network or user accounts.
- introduce viruses, trojans, worms, or other malicious software or harmful data into the Website or Application.
- attempt to reverse engineer, decompile or disassemble any portion of the Payeah Website or Application.
- send unsolicited or unauthorized advertising, promotions, spam, or any other form of solicitation.
- in any way that infringes upon the rights of others, or in any way is harmful, threatening, or abusive.
We reserve the right to immediately block or disable your ability to use the Application, and/or otherwise suspend or terminate your access to the Services, if we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password.
Intellectual Property Rights
The proprietary software associated with the Application and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by Payeah. In addition, the Services, including all software, Payeah content, inventions, technology, products, Services and Payeah data provided on the Site or through the Services, are protected under Canada and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of Payeah, and are the exclusive property of Payeah and its licensors. All suggestions, requests and feedback communicated to us regarding the Services, and all inventions, improvements, modifications, product or Services ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of Payeah. You hereby assign all worldwide rights, title and interest in, to and under any Feedback to Payeah and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback.
Limited License
Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your undertakings stated in this Agreement, Payeah grants you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a) use the Application, and (b) use the Services, in each case for your personal purposes but not for commercial resale, sublicensing, time-sharing or services bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by Payeah. You may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble the Application or the Services, or make any derivative works based on the Application or the Services (including any customization, translation, or localization). Your compliance with the requirements in this Section is a condition to, and material inducement and consideration for, our granting you the right to access and use the Application and the Services. Any unauthorized use or other activity by you in violation of this Agreement will cause the licenses granted to you by Payeah in this Section 4 to terminate automatically.
This Agreement does not transfer from Payeah to you any Payeah or third party intellectual property, and all rights, title and interest in, to, and under, such property will remain solely with Payeah or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Payeah. The following marks: Payeah, payeah.io, the Payeah logo, PR, and all other trademarks, services mark, graphics and logos used or displayed in connection with the Application and the Services are trademarks or registered trademarks of Payeah or Payeah’s licensors. Your use of the Application and the Services does not grant you any right or license to reproduce or otherwise use any Payeah or third-party trademarks.
End User Accounts
If you use the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person’s account or share your password with another person. You agree to immediately notify Payeah of any unauthorized usage of your account or any other breaches of security. Payeah will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Mobile and Internet Services
Whenever you utilize the Service you hereby represent and warrant that you are the owner or authorized user of any wireless device that you use to access the Services, and that you are authorized to approve all associated data charges.
Third Party Link and Sites
Payeah is not responsible and shall not be liable for any and all material made available through the Services, or websites, web pages and application to which any content, the Application or the Site links, or with which they are integrated (such as Facebook), or that link to the Application or the Site (“Third Party Sites”). Payeah does not have any control over Third Party Sites, does not recommend or endorse them, and is not responsible for their contents or their use. We do not exercise any control over privacy or security practices or any act of Third Party Sites in respect of collection, storage, use or disclosure of your information. You should read, and are responsible for complying with, the privacy policies, use or service agreements or terms of use, and any other policies of Third Party Sites.
Monitoring and Enforcement
Payeah reserves the right to: (a) Monitor access to and use of the Website and Application to ensure compliance with these General Terms of Use; (b) Take appropriate legal action, including, without limitation, referral to law enforcement, regulatory authority, or harmed party for any illegal or unauthorized use of the Website or Application; (c) Terminate or suspend your access to all or part of the Website and Application for any or no reason, including without limitation, any violation of these General Terms of Use.
Updates and Amendments
We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Application and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Application or the Services, or support or upgrades for the Application, at any time.
Payeah reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the Application. Your continued use of or access to the Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes.
Consequences of Breach
In the event of your breach, or if Payeah reasonably suspects that you have breached any provision of these General Terms of Use, Payeah may take any action it deems appropriate, including but not limited to: (a) Issuing a warning to you; (b) Temporarily or permanently suspending your access to the Website and Application; (c) Initiating legal proceedings against you for reimbursement of any and all costs resulting from the breach; (d) Taking further legal action against you; and (e) Disclosing such information to law enforcement authorities as Payeah reasonably feels is necessary.
Termination
Payeah may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, at any time, with or without cause, with or without notice, effective immediately.
Payeah may terminate your access to all or any part of the Services, or block or disable your access or use of the Application, if (a) Payeah reasonably believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement); (b) Payeah is required to do so by law ; (c) Payeah is transitioning to no longer providing the Application to users in the state or country in which you are resident or from which you use the Application; or (d) Payeah reasonably believes that your use of the Application may infringe or violate the rights of a third party or subject Payeah to civil or criminal liability or reputational harm.
Termination will result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement which by their nature should survive termination of this Agreement, such as ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so.
Disclaimer
Your use of the Services is at your own risk. The Services are provided on an “as is” or “as available” basis, without any warranties of any kind. Payeah and its officers, employees, representatives, affiliates and agents disclaim all warranties, express or implied, in connection with the Services or your use thereof including, any and all warranties of merchantability, fitness for a particular purpose, security, freedom from viruses, and non-infringement of intellectual property or proprietary rights.
Payeah makes no warranties or representations in respect of the accuracy or completeness of the Services or the content of any other products or services linked to or integrated with the Services (including any ad content) and assumes no liability or responsibility for (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to, or use of, the Services, your account or our servers, or any and all personal information stored therein, (iv) any interruption or cessation of, transmission to, or from, the Services, (v) any bugs, viruses, trojan horses, malware, adware or the like which may be transmitted to, or through, the Services by any third party, (vi) any loss or damage to content or data (whether stored through the Services or otherwise), or (vii) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, imported, transmitted, distributed, or otherwise made available via the Services.
Payeah does not warrant, endorse, guarantee or assume responsibility for any product, services or opportunity offered by a third party through the Services, or any hyperlinked or integrated website or services.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Payeah, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, the Site and the Application, (b) violation, breach or default of any term of this Agreement, (c) violation by you or infringement of any third party right including, but not limited to, any patent, trademark, Services mark, copyright, trade secret, publicity or privacy right, or (d) any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Content) caused damage to a third party.
Fees, Settlement and Reconciliation
Users acknowledge that Payeah reserves the right to levy fees for the use of any services provided, including but not limited to services related to account and wallet management, card operations, and transaction processing. Gas fees will also be applied per crypto transaction, based on network usage at the time of the transaction. Payeah will maintain a transparent schedule of fees for these services, which will be published in advance and made readily available to users.
Additionally, for corporate and business clients, specific fee structures may be established based on individual agreements. These agreements will outline the fees and terms that apply to the services provided to these clients. Any changes to the fee schedule for corporate and business clients, as specified in their respective agreements, will also be communicated to users in a clear and timely manner, which may include email notification, posting on the Payeah website, or through the user interface of the service itself.
By continuing to use the services after fee changes have been communicated, users agree to the updated fee structure, whether it is based on the published schedule or individual agreements with corporate and business clients.
Users authorize Payeah to automatically settle any charges incurred as a result of using the services. The timing of settlement may vary based on the service used and will be detailed within the specific service agreement or at the point of transaction. The timing of settlement may vary based on the service used and will be detailed within the specific service agreement or at the point of transaction.
Dispute and Refund of Transaction
Users must promptly notify Payeah of any disputes regarding transactions within a specified period, generally within sixty (60) days of the transaction date. Upon receiving a dispute notification, Payeah will investigate the matter, which may include reviewing transaction records and engaging with third parties. Payeah will endeavor to resolve disputes expediently and fairly, in accordance with applicable laws, regulations, and platform policies. Users will be informed of the outcome of the dispute resolution process. Payeah’s liability in a dispute will not exceed the transaction amount in question.
Refunds will be considered on a case-by-case basis and will be subject to the terms of the service agreement and the nature of the transaction. Users seeking a refund should submit a request through the provided channels, detailing the transaction in question and the reason for the refund request. Payeah will assess refund requests considering the user’s transaction history, the specifics of the request, and the presence of any fraud or misuse. If a refund is granted, Payeah will process the refund to the original payment method or to the user’s account, as deemed appropriate.
Users acknowledge that transactions are generally final and irreversible, especially in the case of cryptocurrency transactions. Exceptions to the finality of transactions may be made in the case of system errors, fraudulent activity, or as required by law.
Right to Investigate
Payeah reserves the right to investigate any reported breach of these General Terms of Use or complaints and take any action deemed appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any necessary information including user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information.
Limitation of Liability
To the fullest extent permitted by applicable law, neither Payeah nor any of its directors, employees, agents, partners, or affiliates shall be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
a. Your access to or use of, or inability to access or use, the Payeah Website or Application; b. Any unauthorized access to or use of Payeah’s servers and/or any personal information or other information stored therein; c. Any errors, omissions, interruptions, or delays in transmission or any termination, suspension, or discontinuation of the Website, Application, or related services; d. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our services by any third party; e. Any content, products, or services obtained through the Payeah Website or Application.
This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Payeah has been advised of the possibility of such damage.
Updates and Modifications
Payeah may, in its sole discretion, modify the functionalities of the Website and Application or discontinue their availability at any time without prior notice.
Notices
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site, making them available through the Services or sending an email to you at the email address that is currently associated with your account. Any such email notice to you will be deemed given on the day it is sent.
Miscellaneous
You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Services. This Agreement, and all other Payeah related operating policies, rules and procedures posted on the Site or the Application, constitute the entire agreement between Payeah and you concerning the subject matter hereof, and may only be modified by a written amendment signed by a duly authorized representative of Payeah, or by an amendment or revision posted on the Site or the Application or made available through the Services.
Severability
Any provision of this Agreement prohibited by, or which is unlawful or unenforceable under any applicable law as pronounced by any court of competent jurisdiction shall, to the extent required by such law, be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement. Where, however, the provisions of any such applicable law may be waived, they are hereby waived by the parties hereto to the full extent permitted by such law, to the end that this Agreement shall be a valid and binding agreement enforceable in accordance with its terms.
Governing Law & Dispute Resolution
These Terms of Use and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Canada.
Both you and Payeah agree to submit to the exclusive jurisdiction of the courts of Canada, which means that any claim or dispute arising out of or in connection with the Website, Application, or these Terms of Use will be brought exclusively in the courts of Canada.
Alternative Dispute Resolution (ADR)
Before initiating any formal legal action, both parties commit to attempt to resolve the dispute informally. Should a dispute arise between you and Payeah, both parties agree first to contact each other directly to seek a resolution. If the dispute is not resolved within thirty (30) days from the first contact, either party may seek relief through mediation or arbitration, as set out below.
If both parties fail to reach a resolution through the above process, the dispute may then be submitted to confidential arbitration. The arbitration will be conducted Canada, unless both parties agree otherwise. The decision of the arbitrator will be binding upon both parties and enforceable in any court of competent jurisdiction.
Third Party Terms
End Users agree that in addition to this Agreement, if an application utilizes a third-party service such as but not limited to emails, it is thus subject to the usage rules set forth in the third party Terms of Services, or to the rules of other third party platforms, developers or distributor end-users from which the Application uses. End Users agree to comply with the applicable third party terms.
Data Usage
We shall collect your data on your use of Payeah to provide and improve the quality of the Service. To help address End User issues if they arise, some of this data may be associated with your account. We may use your IP address to determine the city and contry which you are accessing the Service, but we do not retain it.
Data Retention
Where you avail of the Services, we retain personal information associated with your purchase or subscription for the periods specified by applicable laws relating to financial reporting which may vary by region or country. We may also retain a record of your interaction with our Services. These records are typically stored for 360 days but may be stored for up to three years in an aggregated form, unless we are required by law or legal process to store them for a longer period.
At all times, information collected by Payeah will be treated in accordance with Payeah’s Private Policy which can be found at https://payeah.io/en/privacy-policy.
Compliance with Laws
Where you avail of the Services, you agree to use the Payeah Services in compliane with all applicable laws, including local laws of the coutnry or region in which you reside or in which you download or use the Payeah Services.
Payeah's Products and Services General Terms of Use
Last updated: Nov 10, 2023