Terms of Service
These Terms of Service (these “Terms”) set out the terms on which 402pay.co (“402pay”, “we” or “us”) makes the Services available to you or to the business on whose behalf you act. These Terms, together with the documents that they incorporate (collectively, the “Agreement”), govern your access to and use of the Services.
By creating an account, activating a business or otherwise using the Services, you accept the Agreement and, if you accept it on behalf of a business, represent that you are authorized to bind that business, in which case “you” refers to that business. If you do not accept the Agreement, you may not use the Services. Capitalized terms have the meanings given in “Definitions”.
PLEASE READ “DISPUTES AND ARBITRATION” CAREFULLY. IT REQUIRES YOU AND 402PAY TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS, AS DESCRIBED IN “OPTING OUT”.
The Services
Nature of the Services
402pay is a technology platform. The Services consist of software, interfaces and related tools that enable businesses to present payment options to their Customers, to receive Payments into a Wallet that the business controls, and to manage related records and integrations. 402pay provides the Services solely as a technology provider, is not a party to any transaction between you and your Customers, does not offer or supply any goods or services to your Customers, and has no responsibility for the goods or services that you offer.
402pay is not a bank, payment processor, money transmitter, money services business, broker, dealer, exchange, custodian, trustee or fiduciary, and nothing in the Agreement creates any such relationship. 402pay does not accept deposits, exchange Digital Assets on your behalf, or provide investment, legal, tax or accounting advice, and nothing in the Services constitutes an offer, solicitation or recommendation to acquire, dispose of or hold any Digital Asset.
Changes to the Services
The Services are described in the Documentation, which 402pay may update from time to time. 402pay may add, modify, limit, suspend or discontinue any feature or portion of the Services at any time and will, where reasonably practicable, give you advance notice of any change that would materially and adversely affect your use of the Services, including any change to its programming interfaces that is not backward compatible.
Features identified as beta, preview or experimental are provided “as is”, may be modified or withdrawn at any time, and are excluded from any commitment made in respect of the remainder of the Services. Additional terms presented to you before you use a feature form part of the Agreement.
Third-Party Services
The Services rely on, interoperate with and may give access to Third-Party Services, including Networks, issuers of Digital Assets, card networks, the independent providers that process Card Payments, other wallets and software that you connect to the Services, each of which is governed by its own terms and privacy practices.
402pay does not control or endorse any Third-Party Service and is not responsible for its availability, accuracy, security, acts or omissions. Your dealings with a Third-Party Service are solely between you and that Third-Party Service, and, to the fullest extent permitted by applicable law, you release 402pay from any claim arising from or relating to any Third-Party Service.
Your account
Eligibility and verification
The Services are offered only to businesses and to individuals acting on behalf of a business, and not for personal, family or household purposes. To use the Services, you must be at least 18 years of age and legally capable of entering into the Agreement; you must not be a Restricted Person or be located, organized or ordinarily resident in a Restricted Jurisdiction, each as defined in the Acceptable Use Policy; and your access to the Services must not previously have been terminated by 402pay.
You must provide accurate, complete and current information about yourself and your business, keep it up to date, and not use any account to impersonate any person or to conceal the identity of any person who owns or controls the business. 402pay may at any time request additional information, including about the ownership, control, location and activities of the business, may verify it directly or through service providers, as described in the Privacy Notice, and may decline, limit or suspend the Services until it is provided or where it cannot be verified.
Security
You are responsible for maintaining the confidentiality and security of your Credentials, of the email account associated with your account, and of the systems and endpoints that you connect to the Services, and for verifying the authenticity of any message that you receive from the Services before acting on it.
You are responsible for all activity that occurs under your account or with your Credentials, whether by you, your personnel, your contractors, your integrations, or any automated system or agent that you permit to act on your behalf. You must notify 402pay without undue delay at support@402pay.co of any actual or suspected unauthorized access. 402pay may disable any Credentials that it reasonably believes to be compromised and may limit the rate or volume of requests to protect the Services, and is not liable for any loss arising from your failure to secure your Credentials.
Your Wallet
Your Wallet is created or imported on your own device, and its keys are protected by means that only you control; 402pay stores only public or encrypted data relating to it. You have sole control of your Wallet and are solely responsible for safeguarding and backing up its recovery phrase and any password that protects it. 402pay cannot retrieve, reset or recover any of them, and their loss may result in the permanent loss of the Digital Assets in your Wallet.
402pay will never request your recovery phrase, private keys or wallet password, and you must not disclose them to any person. Where you connect a wallet that you maintain outside the Services, that wallet is governed by its own software and terms, and you are responsible for the accuracy of the information you provide about it.
You initiate and authorize every transfer from your Wallet, including any refund, and are responsible for holding sufficient Digital Assets to pay any applicable Network fee and for verifying each address, Network, Digital Asset and amount before initiating a transfer. Transfers are final once confirmed by the relevant Network. 402pay cannot cancel, reverse or guarantee any transfer and is not responsible for any transfer that fails, is delayed or is delivered to an unintended recipient.
Payments
Accepting payments
You may select the payment methods, Digital Assets and Networks that you offer to your Customers from those that the Services make available. A Payment is deemed received only when the Services indicate that it has been completed. Digital Assets sent in an incorrect amount, on an unsupported Network, in an unsupported asset or after the relevant payment request has expired may be unrecoverable, and the resolution of any such matter with your Customer is your responsibility.
Card Payments are processed by independent third-party providers, with which your Customers transact directly under those providers' own terms, and are delivered to your Wallet in the form described in the Documentation. The approval of any Card Payment is determined by the relevant provider and card issuer, and card details are provided directly to that provider and are not made available to you or to 402pay. 402pay does not guarantee that any Card Payment will be approved or delivered within any particular time.
Refunds and disputes
Refunds are at your discretion and are your responsibility, and you must make them from your Wallet; 402pay is unable to issue refunds on your behalf. You must disclose your refund policy to your Customers before they pay.
Cardholders may dispute Card Payments with their card issuers, and a dispute does not reverse the delivery of a Payment to your Wallet. Accordingly, if any disputed amount, or any fee, fine or penalty associated with a dispute, is assessed against 402pay, you must reimburse 402pay for that amount within 30 days after 402pay invoices you for it, and you must respond in a timely manner to any request for information relating to a dispute.
Risk controls
402pay may decline, delay, limit or condition any payment request, payment method or Payment, impose limits on your use of the Services, or cease to offer any payment method to you, where it reasonably considers it necessary to prevent fraud, abuse or loss, to comply with applicable law or the Acceptable Use Policy, or otherwise to manage risk. 402pay will provide reasons where it is able to do so, but may be prevented by law from doing so.
Fees and taxes
Fees
Access to the Services is provided on a subscription basis. In consideration of that access, you must pay the subscription fees for the plan that you select, as published by 402pay or as set out in a separate written agreement between you and 402pay. Unless otherwise agreed in writing, Fees are payable annually in advance for each subscription period of 12 months, by a payment method that 402pay accepts, within the period stated on the relevant invoice. Fees are payable for access to the software comprised in the Services and are not calculated by reference to, deducted from or collected out of any Payment.
Unless either party gives notice of non-renewal before the end of the then-current subscription period, the subscription renews for a further period of 12 months at the Fees then in effect. 402pay will give you at least 30 days' notice of any change to the Fees, which will apply from the next subscription period, and any introductory or promotional Fee applies only for so long as 402pay offers it.
Except as required by applicable law or as expressly provided in the Agreement, Fees are non-refundable and are not prorated for partial periods. If any Fees remain unpaid when due, 402pay may suspend access to the Services until they are paid. You must notify 402pay of any disputed charge within 60 days after it is invoiced, after which the charge is final.
Taxes
Fees are exclusive of all taxes, including value added, goods and services and sales taxes, which 402pay will charge where required by applicable law. You are solely responsible for determining, collecting, withholding, reporting and remitting all taxes, duties and other governmental charges arising from your business, the Payments and Digital Assets that you receive, and your use of the Services, and for maintaining all records required by the relevant tax authorities. Network fees are borne by the party that initiates the relevant transfer. 402pay may request tax information from you and may withhold or report amounts where required by applicable law.
Your responsibilities
Your business and compliance
You are solely responsible for your products and services, the manner in which you describe and price them, their delivery, the handling of Customer enquiries and complaints, and compliance with all consumer protection laws applicable to your business. You must clearly identify your business, your terms and your refund policy to your Customers before they pay, and you must not represent that 402pay offers or supplies any goods or services that you offer. 402pay may refer to you any Customer who contacts 402pay about a purchase from you.
You must comply with all laws and regulations applicable to your business and your use of the Services, including those relating to consumer protection, anti-money laundering, counter-terrorist financing, sanctions, export controls, taxation and data protection, and must obtain and maintain every license, registration and authorization that your business requires.
You may use the Services only to receive Payments for the business identified in your account and not on behalf of any other person, and must not use them to act as a custodian, money transmitter or payment facilitator without the licenses that such activity requires. You must comply with the Acceptable Use Policy, and any breach of the Acceptable Use Policy constitutes a breach of these Terms.
You are responsible for all content, data and instructions that you submit to the Services, including information about your Customers, and represent that you have obtained all rights, provided all notices and secured all consents necessary for 402pay to use them to provide the Services, and that their submission and use do not violate any law or the rights of any person.
Restrictions
You must not use the Services, or permit or assist any other person to use the Services, to:
- (a) infringe or misappropriate the intellectual property or other rights of any person, including 402pay;
- (b) engage in any fraudulent, deceptive, harmful, threatening, harassing, defamatory or obscene conduct;
- (c) compromise the security of any account, Wallet or Credentials, or access the Credentials or data of another user;
- (d) circumvent any measure used to limit or protect access to the Services, or access them other than as the Documentation describes;
- (e) probe, scan or breach the security of any system or network, or defeat any password or encryption;
- (f) transmit unsolicited communications, impose an unreasonable load on the Services, or otherwise interfere with their operation;
- (g) access, crawl, scrape or copy any substantial part of the Services by manual or automated means;
- (h) decompile, disassemble or reverse engineer the Services or otherwise attempt to derive their source code, except to the extent that applicable law permits notwithstanding this restriction; or
- (i) resell, sublicense, rent or lend the Services, or use them to develop a competing product or service.
Confidentiality and data
Confidentiality
Each party may receive confidential information of the other party, meaning non-public information that is designated as confidential or that a reasonable person would understand to be confidential. The receiving party will use such information only to provide or use the Services, disclose it only to persons who need to know it for that purpose and are bound by obligations of confidentiality, and protect it with at least a reasonable degree of care, for three years after the Agreement ends and, in respect of trade secrets, for so long as they remain trade secrets. Confidential information does not include information that:
- (a) is or becomes publicly available through no fault of the receiving party;
- (b) was lawfully known to the receiving party before its disclosure;
- (c) is independently developed by the receiving party; or
- (d) is lawfully received by the receiving party from a third party without restriction.
A party may disclose confidential information where required by law, regulation or court order, with notice to the other party where lawful. Upon request after the Agreement ends, each party will delete the confidential information of the other party, except for copies that it is required by law to retain or that are held in routine backups, which remain subject to this section.
Data protection
The Privacy Notice describes how 402pay collects and uses personal data for which it acts as a controller. Where 402pay processes personal data on your behalf in providing the Services, it does so only for that purpose. 402pay may create aggregated or de-identified data from the use of the Services and use it to operate, secure, improve and promote the Services, provided that it does not identify you, your Customers or any individual. Transfers recorded on a Network, including addresses and amounts, are public and permanent, and neither party is able to alter or remove them.
Intellectual property
Our rights and your license
402pay and its licensors own all right, title and interest in and to the Services, the Documentation, the 402pay marks and all materials made available through them, and reserve all rights not expressly granted in the Agreement. Subject to the Agreement, 402pay grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services for the purposes of your business during the term of the Agreement. Open-source components of the Services are licensed under their respective licenses.
Your content, feedback and publicity
You retain all rights in your content and marks and grant 402pay a worldwide, non-exclusive, royalty-free license to host, use and display them to the extent necessary to provide and improve the Services, and to identify you as a customer, including by use of your name and logo, unless you object by writing to legal@402pay.co.
If you provide any feedback or suggestions, you grant 402pay a perpetual, irrevocable, royalty-free license to use them for any purpose without obligation to you.
You may state that 402pay provides the technology behind your checkout in accordance with any brand guidelines that 402pay provides, but you must not describe 402pay as a bank, represent that 402pay holds or insures funds belonging to you or your Customers, imply any endorsement or affiliation beyond the Agreement, or otherwise use the 402pay name or marks without the prior approval of 402pay.
Your representations
You represent and warrant, upon accepting the Agreement and on each occasion that you use the Services, that:
- (a) you have the authority to enter into the Agreement and to bind any business on whose behalf you act;
- (b) all information that you provide to 402pay is accurate, complete and not misleading;
- (c) neither you, your business nor any person who owns or controls it is a Restricted Person, or is located, organized or ordinarily resident in a Restricted Jurisdiction;
- (d) your business and the Payments that you accept are lawful and comply with the Agreement;
- (e) you hold every license, registration and authorization that your business requires; and
- (f) you understand the risks associated with Digital Assets and are not relying on 402pay for any financial, legal or tax advice.
Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 402PAY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 402PAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT ANY DEFECT WILL BE CORRECTED, OR THAT ANY PAYMENT WILL BE APPROVED, CONFIRMED OR DELIVERED.
Digital Assets involve significant risk. Their value may fluctuate rapidly or fall to zero, stablecoins may lose their peg, Networks may be congested, forked, reorganized or attacked, and laws relating to Digital Assets may change in ways that affect you. Transfers are irreversible, and the loss of Credentials may result in the loss of all Digital Assets in a Wallet. You assume these risks in receiving, holding and sending Digital Assets.
402pay is not responsible for any Third-Party Service, for the value or legal or tax treatment of any Digital Asset, or for any decision that you make on the basis of the Services. Some jurisdictions do not permit the exclusion of implied warranties, and some of these disclaimers may therefore not apply to you.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR LOSS OR CHANGE IN VALUE OF ANY DIGITAL ASSET, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, 402PAY WILL NOT BE LIABLE FOR ANY LOSS ARISING FROM:
- (a) ANY LOST, FORGOTTEN OR COMPROMISED CREDENTIALS, OR ANY ACCESS TO YOUR ACCOUNT OR WALLET BY A PERSON USING YOUR CREDENTIALS;
- (b) ANY TRANSFER SENT TO AN INCORRECT ADDRESS, ON AN INCORRECT NETWORK, IN AN INCORRECT ASSET OR AMOUNT, OR OTHERWISE CONSTRUCTED INCORRECTLY;
- (c) ANY FAILURE, CONGESTION, FORK OR REORGANIZATION OF A NETWORK, OR ANY LOSS OF VALUE OR PEG OF A DIGITAL ASSET;
- (d) ANY MALWARE, PHISHING, BRUTE-FORCE OR OTHER ATTACK NOT CAUSED BY 402PAY;
- (e) ANY THIRD-PARTY SERVICE, INCLUDING ANY PROVIDER THAT PROCESSES CARD PAYMENTS; OR
- (f) ANY SUSPENSION, LIMITATION OR OTHER DECISION MADE IN ACCORDANCE WITH THE AGREEMENT.
THE TOTAL AGGREGATE LIABILITY OF 402PAY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE AGREEMENT OR THE SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO 402PAY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE MOST RECENT CLAIM.
These limitations apply even if any remedy fails of its essential purpose and reflect an allocation of risk that forms an essential basis of the Agreement. They do not limit your obligation to pay amounts due or to indemnify 402pay, or any liability for fraud, for death or personal injury caused by negligence, or that cannot be limited under applicable law. Some jurisdictions do not permit the exclusion or limitation of certain damages, and portions of this section may therefore not apply to you.
Indemnification
You will defend, indemnify and hold harmless 402pay, its affiliates and their respective officers, directors, employees and agents from and against any third-party claim, investigation or proceeding, including any brought by a Customer, card network or governmental authority, and all related losses, damages, fines, penalties and reasonable legal fees, arising from or relating to your business, products or services, your dealings with your Customers, your content, your use of the Services or any use of your Credentials, your breach of the Agreement, or your violation of any law or the rights of any person.
402pay will notify you promptly of any such claim, and you may control its defense with counsel reasonably acceptable to 402pay. 402pay may participate with counsel of its choosing at its own expense and may assume the defense at your expense if you fail to defend the claim diligently. You must not settle any claim in a manner that admits fault on the part of 402pay or imposes any obligation on 402pay without its prior written consent.
Suspension and termination
You may cease using the Services and close your account at any time. 402pay may suspend or terminate your access to all or any part of the Services immediately if you breach the Agreement, if required by law, a regulator or a court, or where it reasonably considers it necessary to prevent harm, fraud or loss, and for any other reason upon 30 days' notice.
If 402pay terminates the Agreement for any reason other than your breach or a requirement of law, it will refund the portion of any prepaid Fees attributable to the remainder of the then-current subscription period; otherwise, termination does not entitle you to a refund of any prepaid Fees. 402pay will give notice of any suspension where practicable and lawful and will not be liable for any suspension or termination made in accordance with the Agreement.
Upon termination, your right to use the Services ends and all amounts owed by you become immediately due. Because the Services are non-custodial, the Digital Assets in your Wallet remain yours and remain accessible by means of your recovery phrase. You are responsible for exporting any records that you require before your account is closed, after which 402pay may delete your account data as described in the Privacy Notice. Any provision that by its nature is intended to survive termination will survive, including those relating to Fees, confidentiality, intellectual property, representations, disclaimers, limitation of liability, indemnification and “Disputes and arbitration”.
Disputes and arbitration
Informal resolution
Before commencing any proceeding, the party asserting a claim must send the other party written notice describing the claim and the relief sought, in the case of a claim against 402pay to legal@402pay.co, and the parties will attempt in good faith to resolve the claim within 30 days. Compliance with this section is a condition precedent to commencing arbitration or any other proceeding.
Binding arbitration
Any dispute arising from or relating to the Agreement or the Services that is not resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator experienced in commercial and technology disputes, conducted in English and seated in Wilmington, Delaware, with hearings held by video conference where the arbitrator permits. The arbitrator will determine all questions regarding the scope, validity and enforceability of this section, except that a court will determine any question regarding “No class actions or jury trials”.
The award will be final, judgment on it may be entered by any court of competent jurisdiction, and the proceeding and award will be confidential except as necessary to enforce them. Arbitration fees will be allocated in accordance with the applicable rules, and each party will bear its own legal fees unless the arbitrator or applicable law provides otherwise.
Either party may nonetheless bring an individual claim in a small claims court of competent jurisdiction, or seek injunctive or other equitable relief in a court to prevent the actual or threatened infringement or misuse of its intellectual property, confidential information or the Services, and nothing in this section prevents either party from reporting any matter to a regulator or law enforcement authority.
No class actions or jury trials
YOU AND 402PAY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE PROCEEDING. CLAIMS MAY BE BROUGHT AND RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND CLAIMS OF MORE THAN ONE BUSINESS MAY NOT BE JOINED OR CONSOLIDATED WITHOUT THE WRITTEN CONSENT OF BOTH PARTIES.
If this waiver is held unenforceable in respect of any claim, that claim will be resolved in court in accordance with “Governing law and time limits” and not in arbitration.
Opting out
You may opt out of arbitration and the class action waiver by written notice to legal@402pay.co within 30 days after you first accept these Terms, stating the name of your business, the email address associated with your account and your decision to opt out of arbitration. Opting out does not affect any other provision of the Agreement.
Governing law and time limits
This section is governed by the Federal Arbitration Act, and the remainder of the Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute that may be heard in court will be heard exclusively in the state and federal courts located in Delaware, and each party submits to their jurisdiction.
To the extent permitted by applicable law, any claim arising from or relating to the Agreement or the Services must be commenced within one year after the claim arises, failing which it is permanently barred. Nothing in the Agreement deprives you of any right under mandatory law of the jurisdiction in which your business is established.
General
Notices and communications. You consent to receive communications from 402pay electronically, including by email to the address associated with your account or your business and through the Dashboard, and such communications satisfy any legal requirement that a communication be in writing. You are responsible for keeping your contact details current, and a notice is deemed delivered when sent. You may opt out of promotional communications, but not of communications relating to the security of your account or that 402pay is required to send to operate the Services or by law.
Questions about your account may be sent to support@402pay.co, and legal notices to 402pay must be sent to legal@402pay.co.
Changes to the Agreement. 402pay may amend the Agreement by publishing an updated version and will give notice of any material change at least 15 days before it takes effect, by email or through the Dashboard, except that changes required by law, or relating to security or new features, may take effect sooner. If you do not agree to a change, you must stop using the Services and close your account before it takes effect, and your continued use of the Services after a change takes effect constitutes your acceptance of it. Except for amendments published in this manner, the Agreement may be amended only in a writing signed by both parties.
Assignment. You may not assign or transfer the Agreement or your account, whether by operation of law, change of control or otherwise, without the prior written consent of 402pay, except to a successor to your business by merger or by sale of all or substantially all of its assets, upon notice to 402pay. 402pay may assign the Agreement without your consent. Any purported assignment in breach of this section is void.
Entire agreement. The Agreement constitutes the entire agreement between you and 402pay concerning the Services and supersedes all prior understandings, and terms contained in any purchase order or other document issued by you have no effect. In the event of any conflict among the documents comprising the Agreement, the following order of precedence applies: any separate written agreement between you and 402pay; the Privacy Notice, in respect of personal data that 402pay processes for its own purposes; the Acceptable Use Policy; and these Terms of Service.
Severability and waiver. If any provision of the Agreement is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No failure or delay in enforcing any provision constitutes a waiver of it, and any waiver must be in writing.
Force majeure. Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including Network failures, cyberattacks, failures of Third-Party Services or utilities, natural disasters, epidemics, war, labor disputes and governmental action. This provision does not excuse any obligation to pay.
Relationship of the parties. The parties are independent contractors, and nothing in the Agreement creates any partnership, joint venture, agency, fiduciary or employment relationship. Neither party has authority to bind the other, and no person other than the parties and the persons protected by “Indemnification” has any right to enforce the Agreement.
Remedies. The rights and remedies of 402pay under the Agreement are cumulative and in addition to those available at law. A breach of your obligations relating to the intellectual property or confidential information of 402pay, or of “Restrictions”, may cause irreparable harm, and 402pay may seek injunctive relief without posting a bond.
Interpretation. Headings are for convenience only, “including” means “including without limitation”, and the English version of the Agreement prevails over any translation.
Definitions
- "Agreement"
- means these Terms of Service together with the Acceptable Use Policy, the Privacy Notice and any additional terms that apply to a feature that you use.
- "Card Payment"
- means a Payment made by card, including by means of a digital wallet such as Apple Pay or Google Pay.
- "Credentials"
- means any means of accessing your account or Wallet, including passwords, API keys, verification codes, recovery codes, recovery phrases, private keys and wallet passwords.
- "Customer"
- means any person, including an automated agent acting on behalf of a person, who makes a Payment to you through the Services.
- "Dashboard"
- means the 402pay web interface through which you manage your account.
- "Digital Asset"
- means a cryptocurrency, stablecoin or other digital token recorded on a Network.
- "Documentation"
- means the developer documentation and other guides published by 402pay in respect of the Services, as updated from time to time.
- "Fees"
- means the subscription fees payable for access to the Services, as published by 402pay or agreed in a separate written agreement.
- "Network"
- means a blockchain network supported by the Services.
- "Payment"
- means an amount paid to you by a Customer through the Services.
- "Restricted Jurisdiction and Restricted Person"
- have the meanings given in the Acceptable Use Policy.
- "Services"
- means the 402pay website and all products, software and services provided by 402pay, including the Dashboard, hosted payment pages, programming interfaces and wallet software.
- "Third-Party Service"
- means any product, service, network or content that is not owned or controlled by 402pay.
- "Wallet"
- means the self-custody wallet that your business uses to receive Payments.