Please read these Terms of Use (Agreement) carefully before using the FacilePay (FacilePay Technology Canada Inc.) application software (“App” or “Our Services”) By using our App, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you should not and are not permitted to use the App. We reserve the right to make unilateral modifications to the terms of the Agreement. This Agreement applies to all visitors, users, and others who download, access or use the App (“Users”). It is a legal agreement between you and FacilePay.

This is to inform you that FacilePay (FacilePay Technology Canada Inc.) is a completely independent entity. In this EULA, there is nothing that does or attempts to show or represent any partnership or employment relationship between FacilePay (FacilePay Technology Canada Inc.) and Stripe.

You have read and agree that the terms of this EULA and the documents listed below, which are incorporated herein by reference (Terms), govern your access to and use of the App: Facile Pay’s Privacy Policy; Stripe’s Merchant Services Agreement (https://stripe.com/au/legal#section_a); Stripe’s Connect Account Agreement (https://stripe.com/au/connect-account/legal) Stripe’s Connect Platform Agreement https://stripe.com/au/connect/legal; Stripe’s Privacy Policy (https://stripe.com/au/privacy); Apple Inc’s Tap to Pay on iPhone Platform Terms and Conditions (https://www.apple.com/legal/internet-services/business-services/tap-to-pay-on-iphone/terms-en-au.html); the Google Pay Terms of Service applicable in your jurisdiction (https://policies.google.com/terms) and any other document that may be referred to within all those documents listed above.

By using any of our services you are agreeing to comply with these Terms of Use, which may be updated periodically. If you do not agree to be bound by these Terms of Use, do not use our services.

OVERVIEW

You need to approve to get input into the App your customer credit/debit, transaction, or any other card payment details manually entered through NFC. By using the app, you agree that the card details and information are processed by Stripe as a Card Not Present (CNP) transaction and admit that you are completely responsible for any kind of fake misuse of Card Details by your customers.

LICENSE & USE & APPLICABLE TERMS

To provide “FacilePay Technology Canada Inc.” with the platform services, you are agreeing to deliver a separate or use your existing, connected Account with Stripe, consistent with Standard Onboarding as that term is used in the Connect Platform Agreement.

It is a must that you agree to the Stripe Connected Account Agreement prior to using your Connected Account with Stripe and the App with “FacilePay Technology Canada Inc.”. While creating a Connected Account, it is your responsibility to give enough information on your behalf.

“FacilePay Technology Canada Inc.” is not going to prepopulate any information and data on your behalf and it will include in those activities on your Connected Account to the extent, which it is doing so as an agent on behalf of the Connected Account for the limited purpose of the processing of payments using the Stripe Service.

By installing and using the FacilePay application, you agree that you have read the terms of this EULA, Privacy Policy, and Stripe Merchant Services Agreement.

Using the FacilePay application in conjunction with the Stripe Service is completely at your own risk. In case, if you are not agreeing with the above-mentioned terms, you may not install or use the app.

PHONE SETTINGS AND UNINSTALL PROCEDURES.
As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, allowing software updates of the App once a new version is released and showing notifications from the App. To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system and/or the procedures outlined in FacilePay’s FAQ section.

INTELLECTUAL PROPERTY

Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us, our licensors, or other third parties. Additionally, all trademarks, service marks, trade names, and trade dress that may appear in our Services are owned by us, our licensors, or other third parties.

INDEMNIFICATION

You agree to indemnify and hold harmless Company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (1) your use of our Services; (2) any actual or alleged violation or breach by you of these Terms of Service; (3) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (4) your acts or omissions.

DISCLAIMER OF WARRANTIES

You expressly agree that the use of our services is at your sole risk. Our services and service content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the company and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies disclaim any and all warranties including any: (1) Warranties that our services will meet your requirements; (2) Warranties concerning the availability, accuracy, security, usefulness, timeliness, or informational content of our services or service content; (3) Warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (4) warranties for services or goods received through or advertised or accessed through our services; (5) Warranties concerning the accuracy of reliability of the results that may be obtained from the use of our services; (6) Warranties that your use of our services will be secure or uninterrupted; and (7) Warranties that errors in our services or service content (including software) will be corrected.

LIMITATION ON LIABILITY

Under no circumstances shall the company or its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or their related companies be liable for indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our services or these terms of service. Your sole remedy for dissatisfaction with our services including, without limitation, service content is to stop using our services. Such limitation shall also apply concerning damages incurred because of goods received through or advertised in connection with our services or any links placed in our services, as well as because of any information or advice received through or advertised in connection with our services or any links placed in our services. Such limitation shall also apply concerning damages incurred because of any content posted by a third party or conduct of a third party using our services.

MISCELLANEOUS

We reserve the right in our sole discretion and at any time to terminate or suspend your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Service. You agree that the Company is not liable to you or any third party for any termination or for blocking your use of our Services.

We reserve the right to change service features, design elements, and/or our business model at any time.

TERM AND TERMINATION

This EULA is in effect until it is terminated. Once you breach it, the EULA and your rights and license hereunder will be terminated instantly. You can terminate the EULA by discontinuing and uninstalling the app.

“FacilePay Technology Canada Inc.” might dismiss the support of the App or EULA or dismiss your use or access to the App at any time for any genuine reason. Different sections that are entitled Reservation of Rights, Term, and Dismiss, Warranty Disclaimer and Limitation of Liability, Indemnification, and Miscellaneous shall endure any end of this EULA.