Welcome to the Payfully 2020 Inc (“Payfully”, “us”. “we” and “our”) website. The following Terms of Service (the “Terms” or “Terms of Service”) govern your access to and use of payfully.co (the “Website”). All use of the Website and the Content (defined below), including your account on the Website (your “Payfully Account”) is subject to the Terms.
By applying to use or using the Website, you acknowledge that you have read, understood and agree to comply with the Terms.
If you do not agree with anything contained in the Terms, please do not submit information to, access information from, or otherwise utilize the Website.
In the Terms, users of this Website, including owners, employees, agents and affiliates of any business, corporation, partnership or other entity that is, or is considering becoming, a user, borrower or investor, are referred to as “you” or “your.”
Payfully, Inc., a Delaware corporation, together with its subsidiaries, affiliates, assignees, successors and its and their respective officers, directors, employees and agents are referred to as “Payfully,” “we,” “us” or “our.” Together, you and we may be collectively referred to as “Parties.”
Terms of Service
You acknowledge and agree that the communications between you and Payfully are electronic. You consent to receive communications from Payfully in electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement such communications would satisfy if they were provided in writing. Payfully will use reasonable efforts to honor any request you may have to opt out from receiving certain e-mails. With respect to these Terms, you waive any rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is not prohibited under applicable law.
By using the Website, you agree to (a) the Terms and (b) applicable laws, regulations and generally accepted online business practices. Accordingly, you understand that:
- You agree that any information that you provide (about your identity, finances, and relationships) is accurate, correct, and up to date.
- You are 18 years of age or older; able to form a binding contract with us; and are acting on your own behalf (and have not been banned, terminated, or otherwise denied access to the Website by Payfully or by law).
- Accessing the information, resources, services, products and tools of this Website by any other means than we provide is strictly prohibited. You specifically agree not to access or tamper with the Website, for any purpose, through any automated, unethical or unconventional means, including accessing or collecting personally identifiable information and/or account information (including user names, passwords, e-mail addresses or other personal, financial or contact information) with respect to Payfully users, borrowers, investors, lenders or employees.
- Except as explicitly permitted by the Terms, you agree you may not (and you may not allow others to) sell, copy, modify, correct, enhance, create derivative works from, publish, store or in any way distribute or otherwise exploit, including for any purpose competitive to Payfully or any commercial purpose any information or any other intellectual property from or on the Website (including the Content (as defined below), any software on the Website and any products or services sold or offered by Payfully, collectively, “Payfully IP”).
- Without Payfully’s prior written consent, you agree you may not (and you may not allow others to) (i) decompile, reverse engineer, convert or otherwise extract or disclose the underlying script, code (whether binary, assembly, source, object, HTML or otherwise) or structure of any Payfully IP or (ii) remove or alter authorship attribution or copyright notices or similar information on the Website or any products or materials embodying or containing any Payfully IP.
- You agree not to violate, interfere with, impair or circumvent the ordinary operation, security, privacy or mission of the Website or Payfully’s products, services or data, including overburdening, spamming, engaging in a denial or service attack or similar activities (or attempt to do any of the above).
- You are solely responsible for all activity that occurs on or under your Payfully Account (whether or not expressly authorized by you), and for maintaining the confidentiality of your login details. You and we acknowledge and agree that Payfully shall have no liability to you or any other person for acts or omissions made or committed by any agent, representative or third-party service provider in respect of your Payfully Account.
- You agree that you will not transmit to Payfully or make available on or upload any information to the Website that: a. Is commercial or promotional in nature (without the prior written authorization of Payfully); b. Is unlawful, harmful, deceptive, or otherwise violates the legal rights or privacy of others or capable of giving rise to legal action whether against you or Payfully or any affiliate third party; c. Infringes any patent, trademark, trade secret, copyright, or other property rights of any party; d. Impersonates any person or entity (including Payfully or its employees and representatives); or e. Contains viruses, malware or any program, code or technology designed to disrupt, intercept, impair or destroy the functionality of the Website or its software, data or network.
- Payfully reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Payfully does not control any information provided by other users that may be made available on or through the Website. Notwithstanding Payfully’s rights under the Terms, Payfully does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time. Payfully reserves the right to refuse service, terminate relationships, and/or cancel orders or transactions in its discretion.
By submitting information, feedback or other material to Payfully, if any, including on or through the Website or your Payfully Account, you: a. acknowledge that such information is non-confidential, except for any personal financial information; b. grant Payfully a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, fully paid-up right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display, distribute, market, promote, sell or offer for sale, rent or lease such information or materials or any portions thereof (including any ideas for new products or modifications to existing products) and/or products or services which practice or embody, or are configured for use in practicing, such information or materials or any portion thereof, in any form or medium known or later developed, in furtherance of the terms of the Terms and the actions and transactions contemplated hereby, including the right to bring an action for infringement of these rights; and c. agree that you will have no claim against for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide.
As a financial service company operating in the US we are required to identify clients on our platform. This ensures we remain in compliance with applicable information reporting requirements in the jurisdictions in which we operate. Payfully collects and verifies your information. We also may obtain personal information from third parties in order to verify your identity, or to prevent fraud. Personal information collected from any source may include, among other things, your name and address, Social Security or taxpayer identification number, date of birth, etc. You certify under penalty of perjury that the information provided, including your social security or taxpayer identification number, is correct.
We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices, tax forms and other communications (collectively “Communications”) to you in written form. By agreeing to these Terms and Conditions, you consent to Payfully delivering such Communications to you in electronic form. Consent for electronic delivery applies to every year the statements are furnished.
Further, you understand and acknowledge that Payfully does not provide tax or legal advice and that Payfully will report certain transactions to the Internal Revenue Service to the extent and manner in which it is required to do so by law.
All rights, title, and interest in and to the Website and the Content (defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Payfully or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information, and that you have no intention of using such materials or information inappropriately or to in any way harm Payfully or any of its affiliates, directors, officers or employees.
For purposes of the Terms, the “Content” shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Payfully’s loan information (including rate information) and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
Subject to the terms and conditions of the Terms, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Website and the Content for personal use until such time as the Terms terminate or expire or your right to use or access the Website is terminated in accordance with the Terms.
You acknowledge and agree that any violation of the provisions of the Terms regarding Payfully’s Intellectual Property, Copyrights and Identifying Marks and Acceptable Use of the Website; Conditions of Your Use above may subject you to compensatory and punitive damages, and shall specifically also entitle Payfully to equitable relief (including an injunction), in addition to (and not in substitution or replacement for) any other available remedies at law or in equity, without the need for the posting of a bond or any other requirement.
Basic access to the Website is publicly accessible. However, to use certain features of the Website, you must complete the registration process by verifying your email address. Once registered, a Payfully Account will be created for you to access your application and other resources. You agree that the registration information you provide is accurate, complete and current. You further agree to promptly update that information to keep it accurate, complete and current. If you register on behalf of a business entity or other organization, you represent and warrant that you have the authority to provide the information required and to bind the organization to the Terms. You acknowledge and agree that Payfully, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Website at any time without notice to you.
Payfully disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other actual or suspected breach of security. You can do so by emailing firstname.lastname@example.org.
Data transmitted via the Website may use a Secure Sockets Layer (SSL) protocol, and data may be encrypted on some pages of the Website. To the extent such technology is utilized on a given page, you may be unable to use certain account or customization features of the Website unless your web browser software supports such encryption. Please note that no technology can be considered completely secure or impenetrable and Internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that, subject to applicable law, Payfully shall have no liability to you for any such exploitation or criminal conduct by third parties.
You hereby authorize us, or a third-party service provider that we designate, to take any measures that we consider necessary to confirm the personal information you provide, verify and authenticate your personal information, and take any action we deem necessary based on the results. You acknowledge that this process may result in a delay in registering your Payfully Account, and that you may not be authorized to access or use the Website until your registration has been successfully completed.
You are required to maintain the information associated with your Payfully Account updated at all times, and you agree to update your Payfully Account immediately to reflect any changes to personal information that you previously provided.
YOU UNDERSTAND THAT A CHANGE IN YOUR STATE OF RESIDENCE MAY IMPACT YOUR ELIGIBILITY TO ACCESS AND USE THE WEBSITE, AND HEREBY AGREE TO NOTIFY US IN ADVANCE OF ANY CHANGE IN YOUR STATE OF RESIDENCE.
As part of our legal compliance program (“AML Program”), we will monitor your Payfully Account and your use of the Website, and review your personal information on an ongoing basis, as may be required by law and/or pursuant to our internal policies and procedures. At any time, we may require you to provide us with additional personal information as a condition to your continued access to and use of your Payfully Account and the Website. During such time, your access to and use of your Payfully Account and the Website may be temporarily restricted.
Any actual or suspected unauthorized access and/or unauthorized activity will be treated by us as potentially fraudulent (“Potentially Fraudulent Activity”). You agree to notify us within twenty-four (24) hours if you become aware of or suspect any Potentially Fraudulent Activity, by emailing email@example.com. For avoidance of doubt, you are deemed to be aware of Potentially Fraudulent Activity upon receipt of any notice of the occurrence of such activity. Upon receipt of written notice from you any Potentially Fraudulent Activity, we will take reasonable steps to protect your Payfully Account, including, for example, by temporarily restricting access to your Payfully Account, suspending any pending transactions, and/or requiring you to change your login credentials. You agree to promptly report any Potentially Fraudulent Activity to legal authorities and provide us a copy of any report prepared by such legal authorities. In the event of an investigation of any Potentially Fraudulent Activity, you further agree to (i) cooperate fully with the legal authorities and Payfully in such investigation; (ii) complete any required affidavits promptly, accurately and thoroughly; and (iii) allow Payfully, or any third-party designated by us, access to your mobile device, computer, and network as may be relevant to such investigation. You understand and acknowledge that any failure to cooperate in any such investigation may cause delays in regaining access to your Payfully Account and any funds held within.
The Website may contain links or connections to third party websites. Any such link or connection is provided only as a convenience, and should be used at your own risk. Payfully has no control over any such other websites, the contents thereof or the products, services or policies represented. The existence of any link or other connection does not imply any affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification or monitoring by Payfully or create any liability on the part of Payfully in respect of such link or connection. Please be aware that your use of any such third-party websites is governed by the privacy policies of those sites, which we encourage you to review before using such sites.
You and we hereby acknowledge and agree that Payfully shall have no responsibility for any liabilities arising from or related to the contents of any third-party website or the use of any such website (including any mobile website) or the privacy policies and customer information practices of any such website.
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
Payfully’s Right to Terminate Your Use: Payfully may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Payfully may exercise this right to terminate your right to use the Website include: (a) you have breached any provision of the Terms; (b) you have engaged in conduct which Payfully, in its sole discretion, considers to be unacceptable; (c) Payfully is required by law to do so; or (d) Payfully no longer provides the Website. The above are only examples of circumstances in which Payfully may terminate your right to use the Website and Payfully may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with Payfully under or consisting of these Terms of Service, you may do so by: (a) notifying Payfully at firstname.lastname@example.org or using the form on our Contact Page, or (b) closing your Payfully Account by following the procedures on the Payfully website. You acknowledge that any legal obligations you may have under any other agreement with Payfully (including any loan agreement or agreement governing lending or investing in Payfully or its affiliates) will not be affected in any way by the termination of the Terms and any such other agreement between you and Payfully will continue to be in effect in accordance with its terms.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to (i) Our Intellectual Property, Copyrights and Identifying Marks, (ii) Disclaimer of Warranties; Limitation of Liability, (iii) Indemnification, (iv) Use and Access Outside the United States and (v) General will survive any termination or expiration of the Terms for any reason.
Without prejudice to Payfully’s other rights under the Terms, if you breach the Terms in any way, Payfully may take such action as Payfully deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you. You acknowledge and agree that if you violate the Terms, Payfully will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not to the exclusion of or in substitution for) any other remedies at law or in equity.
Payfully will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Payfully has been advised of the possibility of such damages.
The total liability of Payfully for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Payfully or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
We make no claims that the Website or the Content are appropriate for or may be downloaded or accessed outside of the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the applicable laws of the country or jurisdiction where you may be located. You may not use or export any content of the Website in violation of U.S. export laws and regulations or any other U.S. or foreign federal, state or local statute, rule or regulation. The Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Payfully makes no representations that the Content is appropriate for use in all locations, or that the transactions, products, loans, financial instruments or services indicated or discussed on the Website are available or appropriate for sale or use in all jurisdictions, or countries or by all investors or counterparties.
You may not register a Payfully Account or use the Website if you are a resident of any jurisdiction in which (i) Payfully is not authorized to provide the Services, (ii) the United States has embargoed goods or services, (iii) where your use of the Services would be illegal or otherwise violate any applicable law of such jurisdiction or of the United States (“Restricted Jurisdiction”).
You hereby represent and warrant that you are not a resident of any Restricted Jurisdiction and that you will not register an Account or use the Services even if our methods to prevent you from registering an account or using the Services are not effective or can be bypassed. We may implement controls to restrict access to the Website from any Restricted Jurisdiction.
You hereby represent and warrant that you have not been identified as a Specially Designated National or placed on any sanctions list by the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department, or the U.S. Department of State; and you will not use our Website to conduct any illegal or illicit activity.
By accessing or using our Website, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.
You agree not to: (i) make any representations, warranties or guarantees on Payfully’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to Payfully or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms. Payfully may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms without notifying you or obtaining your consent.
The Terms and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of New York without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction. We and you each hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York, City of New York (the “New York Courts”) for any litigation, lawsuit or proceeding between you and us arising out of or relating in any way to the Terms (including any non-contractual claims), the Website or the Content, the negotiation, interpretation, validity or performance of the Terms, the rights and obligations of you and us hereunder or any transaction contemplated by the Website.
You and we each waive any objection to the laying of venue of any such litigation in the New York Courts and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum or that there are indispensable parties to such litigation that are not subject to the jurisdiction of the New York Courts. You and we each hereby irrevocably waive any and all rights which you or we, respectively, may have, or may have had, to bring such litigation in or before any other court or tribunal (whether domestic or foreign), or before any similar domestic or foreign authority or body, and agree not to claim or plead any such rights.
WE AND YOU EACH HEREBY AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT WE OR YOU, RESPECTIVELY, MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE AND ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER AND MAKES THIS WAIVER VOLUNTARILY.
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
You must promptly notify us of any change in your residential mailing or email address. Failure to notify us may result in delay or non-receipt of Payfully correspondence.
We may record and monitor our telephone conversations with you and your electronic communications with us (chat, e-mail and other forms of electronic exchange). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities.
We may delay or waive any rights we have under these Terms. If we delay or waive our rights, you are still obligated to pay us fees and other amounts you may owe us under these Terms. Any delay or waiver of our rights applies only to the specific instance in which we decide to delay or waive the provision and does not affect our future rights in any way.
Please be aware that accounts or services can change over time. We reserve the right to discontinue or make changes to accounts or services. We may change these Terms, and we may add to or delete from these Terms, and the updated agreement will supersede all prior versions. We will provide notice of changes, additions, and deletions as required by law. If we have provided advance notice and you do not agree with a change, you may close your account(s) before the effective date of the change, addition or deletion. Your continued maintenance of your account following the effective date of any change, addition or deletion will be subject to these Terms as so modified.
We accept digital images, e-signatures, and facsimile signatures for documents that need to be signed. However, we will not be liable if use of a device was unauthorized or if the size, color or quality of the signature is different from that of any signature previously presented to us. If a facsimile signature is used for a withdrawal from your account, you are responsible for any withdrawal from your account when the facsimile signature resembles or purports to be the signature of a person authorized to make withdrawals from your account. You agree to reimburse us (and we may charge your account) for all claims, costs, losses and damages, including reasonable attorneys’ fees, that result from our payment of a withdrawal accompanied by a facsimile signature or by a facsimile or digital image that we otherwise believe you authorized.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transactions or
- In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or
- If you give us your written permission; or
- In order to comply with government agency or court orders; or
Email us at email@example.com as soon as you can, if you think your account is wrong or has an error or if you need more information about an item listed on the account.
Tell us your name and account reference.
- Describe the error or the item you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing, and/or we may request additional information, within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly
If there are any questions regarding our Terms of Service you may contact us using the following information: firstname.lastname@example.org