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PAIDABLE
TM
CUSTOM PAYMENT MANAGEMENT SYSTEM
CLIENT LOGIN
MANAGEMENT LOGIN
ABOUT US
PAIDABLE is your safe, secure and simple solution for any of your payment needs.
We have partnered with the most secure merchant services agency to provide both the Management as well as the Clients, with Safe, Reliable and Quick transactions. If you’re a volume user, you can set up a profile account in a few easy steps with your banking information, and then just send reminders or simple invoices via text, email or both! You can create and send a hyperlink via text or email to any recipient you choose with instructions on how to make their payments.
Our proprietary PMP (Payment Management Program) module is a clean and simple web and mobile application for both the Management and the Client. Please email us at Info@PAIDABLE.com for more information.
PAIDABLE: PAYMENTS MADE EASY.
PRIVACY POLICY
This policy covers how Paidable, treats personal and company information that it collects and receives on www.paidable.com, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all software (the “PAIDABLE software or Application”) and services that we offer through our Website.
1. USER Consent
By submitting or making available Derived Data or Personal Data (as defined below) through our Website or the PAIDABLE Software or Application, you agree to the terms of this Privacy Policy and you expressly consent to the processing of your Derived Data and Personal Data in accordance with this Privacy Policy. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
2. A Note About Children
Our Website and the PAIDABLE Software or Application are directed to the general public. We do not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using the PAIDABLE Software or Application. If we learn that we have inadvertently collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us at support@paidable.com.
3. Types of Personal Data We Collect
The Website and PAIDABLE Software or Application collects Personal Data and Anonymous Data from you when you visit our site, when you send us iinformation or communications in connection with your use of the Website and PAIDABLE Software or Application Service, and/or when you download and use the PAIDABLE Software or Application. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data (but does not include Derived Data, which is addressed below); Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Personal Data You Provide to Us
We collect Personal Data from you, such as first and last name, e-mail and mailing addresses, country, telephone number, W-9 information, tax identification number (e.g., social security number or employer identification number), birth date, professional title, company name, legal entity type, bank account information and password, when you register for the Website and PAIDABLE Software or Application. In order to receive payment, Companies must provide to PAIDABLE Software or Application their legal name, legal entity type, tax identification number (e.g., social security number or employer identification number), date of formation, physical address, country, bank account number, and bank routing number. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you upgrade to a paid account. We also retain information on your behalf, such as the Personal Data described above and any correspondence. If you provide us feedback or contact us via e-mail (e.g., in response to a survey about PAIDABLE Software or Application or writing support to ask a question), we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply, and any information that you submit to us, such as a resume. If we conduct a survey in which you participate, we may collect additional profile information. We also collect other types of Personal Data that you provide to us voluntarily and other requested information if you contact us via e-mail regarding support for the Website and PAIDABLE Software or Application. We may also collect Personal Data at other points in our website that state that Personal Data is being collected.
Personal Data Collected by Third Parties
We may receive Personal Data about you from other sources like telephone or fax, from companies that distribute the Website and PAIDABLE Software or Application by way of a co-branded or private-labeled website, companies that offer their products and/or services via the Website and PAIDABLE Software or Application, or companies that provide services (such as payment processing services) in connection with the Website and PAIDABLE Software or Application (collectively, “Partner Companies”). Our Partner Companies may supply us with Personal Data, such as your name and e-mail and mailing address information, in order to help us establish the account or fulfill orders. We may add this information to the information we have already collected from you via our website in order to perform and improve the Website and PAIDABLE Software or Application.
This Privacy Policy applies only to the use and disclosure of Personal Data that we collect while you use the Website and PAIDABLE Software or Application. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect Personal Data or Anonymous Data from you.
Personal Data Collected via Technology
The Website and PAIDABLE Software or Application (which may be hosted by a third-party service provider) collects Personal Data from you, such as browser type, operating system, Internet Protocol (IP) address, domain name, and/or a date/time stamp for your visit. We may also use Cookies (as defined below) and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and/or access to the Website and PAIDABLE Software or Application and the solutions and information for which you searched and which you viewed. Like most Internet services, we automatically gather this Personal Data and store it in log files each time you visit our website or access your account. We also collect other use information as part of our analytics services, in order to improve the Website and PAIDABLE Software or Application.
“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a web site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience while using the Website and PAIDABLE Software or Application. Persistent Cookies can be removed by following Internet browser help file directions. If you choose to disable Cookies, some areas of our Website and PAIDABLE Software or Application may not function correctly.
We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party.
Do Not Track
While we are committed to your privacy, currently, the Website and PAIDABLE Software or Application does not respond to your web browser “do not track” signals or other mechanisms. If, in the future, we create a program or protocol to respond to such web browser “do not track” signals, we will inform you of the details of that protocol in this Privacy Policy.
4. Use of Your Personal Data
The Website and PAIDABLE Software or Application uses your Personal Data in the following ways:
To facilitate the creation of and secure your account; identify and authenticate you as a user in our system
To provide improved administration of the Website and PAIDABLE Software or Application
To improve the quality of experience when you interact with the Website and PAIDABLE Software or Application
To send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created
To send you administrative e-mail notifications, such as security or support and maintenance advisories
To respond to your inquiries related to employment opportunities or other requests
To send promotional communications
To provide you with hardcopy or electronic newsletters, or surveys
To send upgrades and special offers related to the Website and PAIDABLE Software or Application and for other marketing purposes of Website and PAIDABLE Software or Application or our Partner Companies, should you request to receive such communications from us
To make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that render the data personally identifiable to you. We use this Anonymous Data to enhance the content and functionality of the Website and PAIDABLE Software or Application. The Website and PAIDABLE Software or Application reserves the right to use Anonymous Data for other purposes and to disclose Anonymous Data to third parties in its discretion.
If you provide feedback on the Website and PAIDABLE Software or Application, we may use such feedback for any purpose, provided we will not associate such feedback with your Derived Data or your Personal Data. The Website and PAIDABLE Software or Application will collect any information contained in such communication and will treat the Derived Data and Personal Data in such communication in accordance with this Privacy Policy.
5. Disclosure of Your Personal Data
We may share your Personal Data with Partner Companies to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, database management, or payment processing for purchases. Partner Companies will have access to your Personal Data only to perform these services on our behalf and are obligated not to disclose or use it for any other purpose. Partner Companies agree in writing to provide the same or greater level of privacy protection as required by the Website and PAIDABLE Software or Application.
Although we currently do not have a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Related Entities”), we may in the future. We may share some or all of your Personal Data with these Related Entities, in which case we will require our Related Entities to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Personal Data collected by it and us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
Regardless of any choices you make regarding your Personal Data (as described below), the Website and PAIDABLE Software or Application may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Website and PAIDABLE Software or Application; (b) protect or defend the rights or property of the Website and PAIDABLE Software or Application or users of the Website and PAIDABLE Software or Application; or (c) protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
Except as otherwise stated in this policy, we do not generally sell, trade, share, or rent the Personal Data collected from our services to third parties. You expressly consent to the sharing of your Personal Data as described in this policy.
6. Opt Out Policy and Personal Data Changes
We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you newsletters and e-mails that directly promote the use of the Website and PAIDABLE Software or Application Service and may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Should you decide to opt-out of receiving future mailings, we may share your e-mail address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated e-mail preferences, we may send you notice of any updates to our Terms and Conditions or Privacy Policy.
You may access and change any of your Personal Data in your account by editing your profile within the registration portion of our website or by sending an e-mail to our Customer Support at support@paidable.com. You may request deletion of your account information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete account information, it will be deleted from the active database, but may remain in our archives.
7. Types of Derived Data We Collect
The Website and PAIDABLE Software or Application collects Derived Data when you use the Website and PAIDABLE Software or Application. “Derived Data” means data about the performance of the Website and PAIDABLE Software or Application, applications, system data (names of plug-ins, etc.), data about transactions taking place and other similar data related to the performance of the Website and PAIDABLE Software or Application.
8. Use of Your Derived Data
Derived Data we collect is primarily used to display performance information back to the User. It is also used by the Website and PAIDABLE Software or Application personnel to answer questions that Users may have about their account and to develop and improve our products. The Website and PAIDABLE Software or Application may also aggregate Derived Data across multiple accounts and use this data to create and publish industry benchmarks or comparative application performance metrics.
9. Disclosure of Your Derived Data
We may share your Derived Data with Partner Companies to provide technical support or to provide specific services, such as hosting of your applications, maintenance services, database management or payment processing for purchases.
Partner Companies will have access to your Derived Data only to perform these services on our behalf and are obligated not to disclose or use it for any other purpose.
The Website and PAIDABLE Software or Application may disclose Derived Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Website and PAIDABLE Software or Application; or (b) protect or defend the rights or property of the Website and PAIDABLE Software or Application or users of the Website and PAIDABLE Software or Application.
We may share some or all of your Derived Data with Related Entities, in which case we will require our Related Entities to honor this Privacy Policy. If another company acquires our company or our assets, that company will possess the Derived Data collected by it and us and will assume the rights and obligations regarding your Derived Data as described in this Privacy Policy.
Except as otherwise stated in this policy, we do not generally disclose the Derived Data collected from the Website and PAIDABLE Software or Application Service to third parties without consent from you. You expressly consent to the sharing of your Derived Data as described in this policy.
10. Security of Your Application and Personal Data
The Website and PAIDABLE Software or Application is committed to protecting the security of your Derived Data and Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Derived Data and Personal Data from unauthorized access, use, or disclosure. We also require you to enter a password to access your account information. Your account's password is stored using a randomly salted, one-way hash algorithm. Please do not disclose your account password to unauthorized people. Despite these measures, you should know that the Website and PAIDABLE Software or Application cannot fully eliminate security risks associated with Derived Data and Personal Data and mistakes and security breaches may happen. The Website and PAIDABLE Software or Application uses industry-standard SSL-encryption to protect data transmissions. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.
If the Website and PAIDABLE Software or Application learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Service or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of those sites, products and services. We may post a notice on our applicable Websites if a security breach occurs. If this happens, you will need a web browser enabling you to view the applicable Websites. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at support@paidable.com.
11. Privacy
The Website and PAIDABLE Software or Application personnel undergo rigorous hiring processes. All employees are bound by a confidentiality agreement that covers the protection of all customer information.
12. Contact Information
The Website and PAIDABLE Software or Application welcomes your comments or questions regarding this Privacy Policy. Feel free to e-mail comments or questions to us at support@paidable.com.
13. Changes to this Privacy Policy
If the Website and PAIDABLE Software or Application makes changes to this Privacy Policy, these changes will be posted on our website in a timely manner. The Website and PAIDABLE Software or Application reserves the right to modify this Privacy Policy at any time, so please review it frequently. You can determine when this Privacy Policy was last revised by referring to the “Last Updated” legend at the top of this page. Any changes to this Privacy Policy will become effective upon our posting of the revised Privacy Policy on the Site. Use of the Website and PAIDABLE Software or Application following such changes constitutes your acceptance of the revised Privacy Policy then in effect.
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE Paidable SOFTWARE OR ACCESSING THE Paidable SERVICE.
This page contains the Terms and Conditions (the “T&C”) governing your use of Paidable ’s proprietary software (the “Paidable Software”) and any related service, website, application, plug-in, component, extension, functionality, or program (collectively, the “Paidable Service”) created by Paidable , Inc. (“Paidable ”, “Paidable”, “us” or “we”). These T&C, along with any service agreements, statements of work, or orders relating to the Paidable Service (each, a “Service Agreement”) executed by you (“you” or “User”) or accepted by you via email or online and any other documents incorporated into these T&C or any Service Agreement constitute a legally binding agreement (the “Agreement”) between User and Paidable . In the event of a conflict or inconsistency between the provisions of these T&C and those of a Service Agreement, the Service Agreement shall control.
By executing a Service Agreement with Paidable and/or completing the registration process for the Paidable Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Agreement.
Paidable reserves the right, at its sole discretion, to change, modify, add or remove portions of these T&C at any time, for any reason or for no reason. We will notify you of any material changes by posting the amended T&C on the Paidable Website at www.Paidable.com/terms. You must review these T&C on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop using the Paidable Service. Your continued use of the Paidable Service following any changes to these T&C indicates your acceptance and agreement to any and all such changes.
1. WHAT DOES Paidable DO?
Paidable provides an online platform that allows registered users (“Users”) to process any payments in a few easy steps to specific preset companies (“Companies”). For purposes of clarity, “User,” as used herein, shall include but not be limited to any person or entity making a specific payment. Paidable’s responsibilities are limited to: (a) maintaining the Platform and (b) serving as the payment gateway agent for the purpose of facilitating payments from Users to a specific Company. Paidable is not a party to any agreement entered into between Users and Companies.
2. Registration and Mobile Access
To access and use the Paidable Service, you will be required to register with Paidable by completing a registration form and designating a user identification and password. When registering with Paidable you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Paidable Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Paidable Service (or any portion thereof).
You may not authorize any third party to access or use the Paidable Service on your behalf. You are responsible for maintaining the confidentiality of the user identification and password, and are fully responsible for all activities that occur under your user identification or password. You agree to immediately notify Paidable of any unauthorized use of your user identification or password or any other breach of security. Paidable cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address and mobile number, you agree to receive all required notices electronically, to that email address and via text to that mobile number (charges from your carrier may apply). From time to time, Paidable may use this email address to send you notifications about product updates and improvements, news, or general promotional material.
Use of the Paidable Service may be available through a compatible mobile device, Internet access and may require downloading the software, plug-ins and/or applications. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Paidable MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE Paidable SERVICE AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF SUCH TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE Paidable SERVICE.
Limited Payment Agency Terms
Once a User has provided authorization for a transfer to Company, the User will not be able to cancel or contest the electronic transfer with their credit card or banking institution, and any dispute will be only between the User and the Company the payment was sent to.
Payment Terms
A Company will receive payment promptly following assessment of sufficient funds and typically within the terms set by the credit card(s), banking institution(s) and the Merchant Services transmitting such funds through the Paidable Service. Notwithstanding the foregoing, Paidable provides no guarantee for such a payment timeline. Payments to Companies are dependent upon Users processing funds through the Paidable Service. Paidable will not be liable to Users or Companies to the extent any funds which have been processed through the Paidable Service. Paidable does not guarantee payments from Users to Companies for amounts that have not been successfully processed or because funds were not available at the time of the transaction or at any time after that.
Payment processing services are provided by a separate Merchant Service Company (the “Payment Processor”) and are subject to their Terms and Conditions. By agreeing to these T&C or continuing to operate an account on the Paidable Service, you agree to be bound by the Merchant Services Agreement, as the same may be modified by such Merchant from time to time. As a condition of the Paidable Service enabling payment processing services through the Merchant Service Company, you agree to provide the Paidable Service accurate and complete information about yourself, and you authorize the Paidable Service to share it and transaction information related to your use of the payment processing services provided by the Merchant Service Company.
3. TERMS FOR COMPANIES
General Terms
The Paidable Service is a gateway that allows for transfer of funds between parties. If you transfer funds via a designated bank account specified by you through the Paidable Service (your ”Bank Account”), on or prior to the date you intend to transfer funds through the Paidable Service, you authorize Paidable and/or its Payment Processor to initiate debit entries to your Bank Account at the designated depository financial institution (your ”Bank”), and to debit your Bank Account in such amounts as are necessary to (i) fund your payment, (ii) pay any fees or charges associated with the Paidable Service, including, without limitation, finance charges, (iii) pay any debit, correcting or reversing entry initiated pursuant to this T&C which is later returned to Paidable , and (iv) pay any other amount that is owing under these T&C or in connection with the Paidable Service. This authorization is to remain in full force and effect until Paidable has received written notice from you of termination in such time and such manner as to afford Paidable and your Bank a reasonable opportunity to act upon it. You will maintain in your Bank Account as of the applicable settlement date and time immediately available funds sufficient to cover all credit entries you originate through Paidable . Your obligation to pay Paidable for each credit entry matures at the time Paidable transmits or otherwise delivers the credit entry to the Automated Clearing House (“ACH”) or gateway operator and is unaffected by termination of the Paidable Service. Paidable may set off against any amount you owe to it in order to obtain payment of your obligation as set forth in this Agreement. You acknowledge that the origination of ACH transactions to its account must comply with the provisions of U.S. law.
Insufficient Funds
If you do not have sufficient funds in your Bank Account to pay disbursements, fees or any other amounts due under these T&C at the time required, or if you refuse to pay, Paidable may (i) debit the account owned in whole or in part by you to pay disbursements, fees or charges, payroll taxes, or other amounts due, (ii) assess a $25 NSF fee, (iii) refuse to perform further services, and/or (iv) immediately terminate this Agreement. Paidable may assess finance charges on any amounts owing and unpaid ten (10) days after demand. Finance charges are assessed at a rate of 1.5% per month (18% per annum) or the highest amount permitted by law, whichever is less. Paidable may recover from you any costs including, without limitation, reasonable attorneys’ fees and expert witnesses’ fees Paidable may incur in connection with any termination of this Agreement or collection of amounts due hereunder.
Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Paidable. Each User acknowledges that Paidable does not, in any way, supervise, direct, or control the work or actions of any User.
You as the User agree to indemnify and hold harmless Paidable from any and all claims that you may have against any Company or for any payments processed from your account. Any liabilities arising from a determination by a court, arbitrator, government agency or other body (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Paidable was a partner or related to - Company that payments were made to or to the User in any way, as well as claims under any non-related laws, such as those relating to early lease termination, discrimination, harassment or retaliation, as well as any other claims, will be solely your responsibility and not of PAIDABLE or any of its members or employees.
4. Modification to the Paidable Service; General Practices
Paidable reserves the right to modify or discontinue, temporarily or permanently, the Paidable Service (or any part thereof) with or without notice. You agree that Paidable will not be liable to you or to any third party for any modification, suspension or discontinuance of the Paidable Service. You acknowledge that Paidable may establish general practices and limits concerning use of the Paidable Service, including without limitation the maximum period of time that data or other content will be retained by the Paidable Service. You agree that Paidable has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Paidable Service. You acknowledge that Paidable reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Paidable reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
5. Mobile Applications
We may make available software to access the Paidable Service via a mobile device (“Mobile Apps”). To use the Mobile Apps, you must have a mobile device that is compatible with the Paidable Service. Paidable does not warrant that the Mobile Apps will be compatible with your mobile device. Paidable hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Apps for one Paidable account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Apps to any third party or use the Mobile Apps to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Apps, features that prevent or restrict use or copying of any content accessible through the Mobile Apps, or features that enforce limitations on use of the Mobile Apps; or (v) delete the copyright and other proprietary rights notices on the Mobile Apps. You acknowledge that Paidable may from time to time issue upgraded versions of the Mobile Apps, and may automatically electronically upgrade the version of the Mobile Apps that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Apps is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Apps or any copy thereof, and Paidable or its third party partners or suppliers retain all right, title, and interest in the Mobile Apps (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Paidable reserves all rights not expressly granted under this Agreement. If the Mobile Apps are being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Apps by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Apps originate in the United States, and is subject to United States export laws and regulations. The Mobile Apps may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Apps may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Apps and the Service. Standard carrier data charges may apply to your use of our Mobile Apps, and User shall be responsible for any such charges.
The following applies to any Mobile Apps you acquire from the iTunes Store (“iTunes-Sourced Apps”): You acknowledge and agree that this Agreement is solely between you and Paidable , not Apple, and that Apple has no responsibility for the iTunes-Sourced Apps or content thereof. Your use of the iTunes-Sourced Apps must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Apps. In the event of any failure of the iTunes-Sourced Apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Apps to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Paidable as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Apps or your possession and/or use of the iTunes-Sourced Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Paidable as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Apps or your possession and use of that iTunes-Sourced Apps infringes that third-party’s intellectual property rights, Paidable , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Paidable acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Apps, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Apps against you as a third-party beneficiary thereof.
6. Intellectual Property
Paidable Service
Paidable shall own and retain all right, title, and interest in and to the Paidable Service (except for any licensed content and software components included therein). User agrees not to reverse engineer, decompile, disassemble, copy, alter, modify, or create derivative works of the Paidable Service or otherwise use the Paidable Service in any way that violates the use restrictions contained in these T&C. Paidable does not grant to User any license, express or implied, to the intellectual property of Paidable or its licensors. User further acknowledges and agrees that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Paidable Service is considered the confidential and proprietary information of Paidable (collectively “Paidable Confidential Information”).
Derived Data
User shall own and retain all right, title, and interest in and to any data derived from its use of the Paidable Service (collectively, the “Derived Data”); provided, however, that User hereby grants to Paidable a worldwide, perpetual, royalty-free, non-exclusive license to use (i) data generated as a result of User’s use of the Paidable Service solely for purposes of operating, maintaining and improving the Paidable Software or the Paidable Service and (ii) non-identifiable aggregate data regarding User’s use of the Paidable Service compiled by Paidable solely for marketing purposes.
User-Provided Data
User shall retain all right, title and interest in and to all graphics, images, files, data and other information transmitted by User to Paidable in connection with its use of the Paidable Service (collectively, the “User-Provided Data”), provided, however, that User hereby grants to Paidable a worldwide, royalty-free, non-exclusive license to use the User-Provided Data for the purposes of fulfilling its obligations hereunder. Paidable may not use the User-Provided Data for any other purpose without the prior express written consent of User.
You understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by you through the Paidable Software constitutes “User-Provided Data” under these T&C. Under no circumstances will Paidable have any obligation to review or scan User-Provided Data for purposes of measuring quality, filtering content or detecting the presence of malware. User represents and warrants that the User-Provided Data does not include any inappropriate content, malware or any other elements that could result in harm to third parties or the Paidable Service.
Paidable Logos and Designs
Paidable ’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Paidable in the U.S. and/or other countries. Paidable ’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Paidable ’s prior written permission. User Art. User shall retain all right, title and interest in and to all of User’s logos, promotional graphics and related marketing designs (collectively, the “User Art”), provided, however, that User hereby grants to Paidable a worldwide, royalty-free, non-exclusive license to use the User Art, as well as User’s corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Paidable ’s products and services to third parties, subject to User’s right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).
7. Restrictions and Prohibited Actions
Unauthorized use of the Paidable Service (including but not limited to any of the prohibited actions set forth in this Section 7), or the resale of the Paidable Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to the Paidable Service or the Paidable Software in any format to any third party. In addition, you may not use the Paidable Service in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Paidable Service to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Paidable or others. You may not access the Paidable Service if you are a competitor of Paidable , except with Paidable ’s express prior written consent. In addition, you may not access the Paidable Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not use or disclose any Paidable Confidential Information, except as otherwise explicitly set forth herein. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Paidable Service, or in any way reproduce or circumvent the navigational structure or presentation of the Paidable Service to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Paidable Service. You may not attempt to gain unauthorized access to any portion or feature of the Paidable Service, or any other systems connected to the Paidable Service, or to any of the services offered on or through the Paidable Service, by hacking, password “mining” or any other illegitimate means. You may not harvest or collect user names, email addresses or any other User identifying information by electronic or other means for the purpose of sending unsolicited email or other communications. You may not probe, scan or test the vulnerability of the Paidable Service, nor breach the security or authentication measures of the Paidable Service. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor of the Paidable Service, or any other customer of Paidable , including any Paidable account not owned by you, to its source, or exploit the Paidable Service or any service or information made available or offered by or through the Paidable Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Paidable Service. Additionally, Paidable reserves the right, without limitation, to terminate your access to and use of the Paidable Service if, in our view, your conduct fails to meet any of the following guidelines for User conduct:
• You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the Paidable Service.
• You may not attempt to interfere with any other User’s use of the Paidable Service.
• You may not engage in illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind with any User, third party or staff member of Paidable , including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law.
• You may not impersonate someone else or falsely represent your identity or qualifications, or breach any individual's privacy.
• You may not use the Paidable Service to send or otherwise make available, any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.
• Except as permitted by Paidable in writing, you may not send out communications regarding investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
• You may not use the Paidable Service to send or otherwise making available any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another’s computer or property.
• You may not use the Paidable Service in a manner that imposes an unreasonable or disproportionately large load on Paidable ’s infrastructure, as reasonably determined by Paidable .
• You may not create multiple accounts for use within the same unit or take other similar actions without Paidable express prior written consent.
Paidable will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Paidable may involve and cooperate with law enforcement authorities in prosecuting users who violate these T&C. You acknowledge that Paidable has no obligation to monitor your access to or use of the Paidable Service or to review or edit any User-Provided Data, but has the right to do so for the purpose of operating the Paidable Service, to ensure your compliance with these T&C, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
8. Termination
You agree that Paidable , in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Paidable Service and remove and discard any content within the Paidable Service, for any reason, including, without limitation, for lack of use or if Paidable (in its sole discretion) believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Paidable Service, may be referred to appropriate law enforcement authorities. Paidable may also in its sole discretion and at any time discontinue providing the Paidable Service, or any part thereof, with or without notice. You agree that any termination of your access to the Paidable Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Paidable may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Paidable Service, except that, if you have made all payments owed to Paidable (if any) and Paidable terminates your account without cause, or if you terminate your account for convenience in accordance with this Agreement, then Paidable will retain your User-Provided Data in accordance with its then current retention policies and, upon your written request, provide you with tools to access such retained User-Provided Data. After the end of Paidable ’s then current data retention period, Paidable may permanently delete your User-Provided Data on the Paidable Service. Further, you agree that Paidable will not be liable to you or any third-party for any termination of your access to the Paidable Service.
9. Information Practices
Protecting our users’ privacy is very important to Paidable. As a condition of downloading the Paidable Software and using the Paidable Service, you agree to the terms of the Paidable Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. The most current version of the Paidable Privacy Policy may be found at any time at www.Paidable.com/privacy. Information collected by PAIDABLE may be stored and processed in the United States or any other country in which Paidable or its agents maintain facilities. By using the Paidable Service you consent to any such transfer of information outside of your country.
Additionally, by using the Paidable Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any payments, message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
10. Third Party Interactions and Links to Other Sites
This Paidable Service may contain certain content, products, services and links to other independent third-party web sites, applications or related tools (“Third Party Materials”). These Third Party Materials are provided solely as a convenience to users of the Paidable Service. Such Third Party Materials are not under Paidable ’s control, and Paidable is not responsible for and does not endorse such Third Party Materials, including any information or materials contained on such Third Party Materials. You will need to make your own independent judgment regarding your interaction with these Third Party Materials. Paidable ’s privacy policy is applicable only when you are using the PAIDABLE Service. Once you choose to link to another website or use a third party application, you should read that third party’s privacy statement before disclosing any personal information.
11. International Use
You shall abide by all applicable laws and regulations regarding its use of the Paidable Service. In using the Paidable Service and the Paidable Software, you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information in violation of export control laws or regulations of the U.S. Government or of any country within whose jurisdiction you operate or do business. Paidable and its licensors make no representation that the Paidable Service is appropriate or available for use in any location. The Paidable Service is controlled and operated from within the United States. Paidable makes no representations that materials contained within the Paidable Service are appropriate or available for use in other locations, and access to the Paidable Service from locations where such activity is illegal is prohibited. Those who choose to use the Paidable Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
12. Disclaimer of Warranties
Paidable and any third party who makes its software or content available in conjunction with or through the Paidable Service disclaim any responsibility for any harm resulting from your use (or anyone accessing your account through your telephone or computer or by your employees, agents, family members or friends) of the Paidable Service and/or any third party software or content accessed in conjunction with or through the Paidable Service.
Paidable DOES NOT PROMISE THAT THE Paidable SERVICE OR Paidable SOFTWARE, OR ANY CONTENT, COMPONENT, SITE OR FEATURE OF THE Paidable SERVICE, OR COMPONENT OF THE Paidable SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE Paidable SERVICE WILL PROVIDE SPECIFIC RESULTS. THE Paidable SERVICE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. Paidable CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE Paidable SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Paidable AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Paidable AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Paidable SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD PARTY SOFTWARE OR CONTENT. Paidable DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE Paidable SERVICE. YOUR SOLE REMEDY AGAINST Paidable FOR DISSATISFACTION WITH THE Paidable SERVICE IS TO STOP USING THE Paidable SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OF THE Paidable SOFTWARE AND/OR USE THE Paidable SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Paidable SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE Paidable SOFTWARE AND/OR Paidable SERVICE AND SUCH THIRD PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE Paidable SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Paidable IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Paidable OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Paidable SERVICE BE LIABLE TO YOU OR ANY OTHER USER ON ACCOUNT OF ANY USE OR MISUSE OF THE Paidable SERVICE OR SUCH THIRD PARTY SOFTWARE OR CONTENT. NEITHER Paidable NOR ANY THIRD PARTY SOFTWARE OR CONTENT PROVIDER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF Paidable AND/OR A THIRD PARTY SOFTWARE OR CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Paidable SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE Paidable SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Paidable SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Paidable SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Paidable SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE Paidable SERVICE, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE Paidable SERVICE.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Indemnification
You agree to indemnify and hold Paidable, its officers, directors, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Paidable Service, including (a) any breach by you of this Agreement, (b) any claims arising from the content you submit, post, transmit or make available through the Paidable Service, and (c) if applicable, your use of the Paidable Service to meet another user in-person or to locate and/or visit any offline place or event.
15. Assignment of Terms
You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of Paidable . Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Paidable may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
16. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
17. Headings for Convenience Only
Headings are for convenience only and have no legal or contractual effect.
Contact Us
Location
559 Middle Neck Road Great Neck, NY 11023608 Fifth Avenue, Suite 706 New York, NY 10020
Phone Number
212.210.1000E-mail Address
info@paidable.com