Thank you for using Qualpay’s website and APIs. These Terms and Conditions outline how you use and access Qualpay’s technology. It is a legal agreement between Qualpay, Inc. (“Qualpay” or “we”) and you, the entity or person who has accessed Qualpay’s website, or registered to receive payment processing, platform, data, technology, or other services (“Services”). We refer to the terms below, as well as any API Documentation and any applicable policies and guidelines contained on our website at legal.qualpay.com as our “Terms.” These Terms specify how you may use the Qualpay website, platform, APIs and other technology, but do not govern credit card or ACH processing and are not intended to replace or supercede the Merchant Card Processing Agreement. In the event of a conflict between these Terms and the Merchant Card Processing Agreement, the Merchant Card Processing Agreement will control.
You may only use Qualpay’s Services if you agree to abide by these Terms. Please also visit Qualpay’s Privacy Policy which can be found at: https://www.qualpay.com/privacy. If you have any questions please contact us at support@qualpay.com.
To use Qualpay’s Services, you may be required to provide certain information, including name and contact details, as part of the registration process to access the APIs or Qualpay’s platform. You must ensure that this information is accurate and up to date. By using the Services you are agreeing to these Terms. Do not use the Services if you do not agree to be bound by these Terms. You may not use the Services if you are under the age of eighteen (18). If you represent a business, you are representing that you have the authority to bind the business to these terms.
Qualpay provides a website and Platform to access the Services. The Qualpay platform and website include merchant and partner web portals and our APIs. You must use the APIs as described in the Developer Center, found at qualpay.com/developer. You may only use the APIs as indicated in the instructions and knowledgebase found on our website. You may not use the APIs for any purpose, function, or feature not described in our documentation or otherwise communicated on our website or by other means. The APIs and related documentation may be updated at any time. API Keys are provided during testing and must be kept secure. API Keys are not to be published or shared with any unauthorized persons.
You will comply with all applicable laws, regulations, and third party rights when using the Services. You will require your end users to comply with the laws, regulations and these Terms. You will not use the Services to promote or facilitate illegal activity or in a manner that violates or infringes on third party rights. You will only access the Services in the manner described in these Terms.
Qualpay exclusively owns all rights, title, and interests in its trademarks, service marks, logos, designs, copyrights, patents, trade secrets, rights of publicity, and any other intellectual property contained in the API, Services, platform, websites, and documentation (the “Qualpay IP”). All rights not expressly granted to you are reserved by Qualpay. You may not claim to own Qualpay’s IP or sublicense any of your rights to use Qualpay’s IP.
Qualpay grants you a nonexclusive and nontransferable license to electronically access the Services and Qualpay’s IP as described in these Terms. Qualpay may revoke this license at any time if you violate this agreement.
You may stop using the website, platform, and APIs at any time without notice. If you want to terminate your agreement with these Terms, you must provide us with written notice via email to legal@qualpay.com, and cease your use of the applicable Services. We reserve the right to terminate these Terms or discontinue the Services or any portion or feature of your access to the Services at any time for any reason, without liability or obligation to you. This Termination is separate and distinct from a termination of credit card or ACH processing services which are governed by the Merchant Card Processing Agreement.
Qualpay offers its Services and integrations with third-party applications for the benefit of its customers. These services may change at any time, and functionality is not guaranteed. At any time, Qualpay may discontinue certain Services or integrations. Qualpay is not responsible for errors, acts, or failure to act by others, including but not limited to, agents, third party suppliers of software, equipment or services; or, banks, communication common carriers, data processors or clearinghouses through which transactions may be passed, originated and/or authorized. Qualpay will not be responsible for any loss, liability or delay caused by fires, earthquakes, war, civil disturbances, power surges or failures, acts of governments, acts of terrorism, labor disputes, failures in communication networks, legal constraints or other events beyond the reasonable control of Qualpay.
IN NO EVENT SHALL QUALPAY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR ANY INTERRUPTION OR LOSS OF USE, DATA, BUSINESS OR PROFITS, WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE OR QUALPAY WAS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
QUALPAY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALPAY DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
Unless prohibited by applicable law, your business will defend and indemnify Qualpay and its officers, directors, employees, and users against all liabilities, damages, losses, costs, fees, legal fees, and expenses resulting from an allegation or other third-party claim or proceeding to the extent it arises from your misuse of these Terms, a violation of these Terms by your end-user, or any content or data relating to your use of the Services or by those on your behalf, or by your end-users.
You agree that the laws of California, U.S.A. will apply to any disputes arising out of of these Terms, and that ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS IN SAN MATEO COUNTY, CALIFORNIA, USA, AND YOU CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms, the provision in the product-specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
Updated: October 19, 2024
Version: 2.0
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