Terms of Service

Because terms of services are often complicated, we tried our best to make it easy to read. However, as it is a legal document, some parts may still be hard to understand at first hand. If you have any question, please feel free to contact us.

1. Your Agreement with ProcessOut

1.1

Your use of the ProcessOut service is governed by this agreement (the "Terms"). "ProcessOut" means ProcessOut Inc., located at 1407 Broadway, New York, NY 10018, USA, and its subsidiaries or affiliates involved in providing the ProcessOut Services. The "ProcessOut Services" means the services ProcessOut makes available through this website, including this website, the ProcessOut API, the ProcessOut libraries, the ProcessOut checkout page, and any other software or services offered by ProcessOut in connection to any of those.

1.2

In order to use the ProcessOut Services, you must first agree to the Terms. You can agree to the Terms by actually using the ProcessOut Services. You understand and agree that ProcessOut will treat your use of the ProcessOut Services as acceptance of the Terms from that point onwards.

1.3

You may not use the ProcessOut Services if you are a person barred from receiving the ProcessOut Services under the laws of France or other countries, including the country in which you are resident or from which you use the ProcessOut Services. You affirm that you are over the age of 13, as the ProcessOut Services are not intended for children under 13.

2. Use License

2.1

You must provide accurate and complete registration information any time you register to use the ProcessOut Services. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ProcessOut immediately.

2.2

Permission is granted to temporarily download one copy of the materials (information or software) on ProcessOut's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on ProcessOut's web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

2.3

You agree not to (a) access (or attempt to access) the administrative interface of the ProcessOut Services by any means other than through the interface that is provided by ProcessOut in connection with the ProcessOut Services, unless you have been specifically allowed to do so in a separate agreement with ProcessOut, or (b) engage in any activity that interferes with or disrupts the ProcessOut Services (or the servers and networks which are connected to the Service).

2.4

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ProcessOut at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Services Policies and Privacy

3.1

You agree to comply with the ProcessOut Acceptable Use Policy available at acceptuse use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.

3.2

The ProcessOut Services shall be subject to the privacy policy for the ProcessOut Services available at privacy policy. You agree to the use of your data in accordance with ProcessOut's privacy policies.

4. Usage fees of the ProcessOut Services

4.1

Subject to the Terms, the ProcessOut Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services.

4.2

For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in ProcessOut fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees ProcessOut incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on ProcessOut's measurements of your use of the ProcessOut Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of ProcessOut and only in the form of credit for the ProcessOut Services. Nothing in these Terms obligates ProcessOut to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to ProcessOut may be shared by ProcessOut with companies who work on ProcessOut's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to ProcessOut and servicing your account. ProcessOut may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. ProcessOut shall not be liable for any use or disclosure of such information by such third parties. ProcessOut reserves the right to discontinue the provision of the ProcessOut Services to you for any late payments.

4.3

ProcessOut may change its fees and payment policies for the ProcessOut Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL ProcessOut may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4

You may not develop multiple Projects to simulate or act as a single Project or otherwise access the ProcessOut Services in a manner intended to avoid incurring fees.

5. Disclaimer

5.1

NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT PROCESSOUT'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

5.2

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROCESSOUT SERVICES IS AT YOUR SOLE RISK AND THAT THE PROCESSOUT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

5.3

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROCESSOUT SERVICES IS AT YOUR SOLE RISK AND THAT THE PROCESSOUT SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

5.4

PROCESSOUT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE PROCESSOUT SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROCESSOUT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PROCESSOUT SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PROCESSOUT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE PROCESSOUT SERVICES WILL BE ACCURATE.

5.5

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROCESSOUT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

6. Limitations

6.1

In no event shall ProcessOut or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ProcessOut's Internet site, even if ProcessOut or a ProcessOut authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

7. Revisions and Errata

7.1

The materials appearing on ProcessOut's web site could include technical, typographical, or photographic errors. ProcessOut does not warrant that any of the materials on its web site are accurate, complete, or current. ProcessOut may make changes to the materials contained on its web site at any time without notice. ProcessOut does not, however, make any commitment to update the materials.

8. Links

8.1

ProcessOut has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ProcessOut of the site. Use of any such linked web site is at the user's own risk.

9. Site Terms of Use Modifications

9.1

ProcessOut may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Governing Law

10.1

Any claim relating to ProcessOut's web site shall be governed by the laws of France without regard to its conflict of law provisions.

This document was last updated on February 19, 2015