Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR REGISTERING FOR ANY SERVICE OR CONTENT OFFERED BY payoptify.

YOUR ACCESS TO AND USE OF THIS WEBSITE, SERVICES, AND CONTENT CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE OR ANY SERVICES OR CONTENT PROVIDED BY payoptify.

1. Definitions

• "Affiliate": Any entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the entity.
• "Content": Articles, reports, data, APIs, and other materials provided by payoptify.
• "Customer": An organization or group subscribing to or licensing the Services under this Agreement.
• "Customer Content": Data and information provided by or on behalf of the Customer in connection with the Services.
• "Payment Data": Any financial, transaction, or payment-related data processed through our Services, including but not limited to transaction records, payment provider data, and analytics.
• "Service": The payment intelligence solutions and products offered by payoptify, including software applications, APIs, data unification services, and related content.

2. Service Description and Access

2.1 Service Overview

payoptify provides a payment data unification platform that allows Customers to: - Consolidate payment data from multiple providers - Access unified payment analytics and reporting - Integrate with business intelligence tools - Monitor payment performance metrics

2.2 Third-Party Services and Integrations

Our Services incorporate various third-party services including: - Data integration services (e.g., Airbyte) - Analytics processing services (e.g., Cube) - Payment service providers - Cloud infrastructure providers By using our Services, you acknowledge and agree that: - Third-party services are subject to their own terms and conditions - We are not responsible for third-party service availability or performance - Data processing by third parties is governed by their respective privacy policies - Service levels may be impacted by third-party service performance

2.3 Access and Account Security

You are responsible for: - Maintaining the confidentiality of your account credentials - All activities that occur under your account - Implementing appropriate security measures for API keys and access tokens - Promptly notifying us of any unauthorized access or security breaches

3. Payment Terms

- Fees are based on your subscription plan and usage - All fees are non-refundable unless otherwise specified - We may change our fees upon 30 days notice - You are responsible for all applicable taxes - Late payments may result in service suspension

4. Data Rights and Usage

4.1 Customer Data Rights

You retain all rights to your Customer Content and Payment Data. You grant us necessary licenses to: - Process and store your data to provide the Services - Create aggregated, anonymized analytics - Improve our services using anonymized data - Comply with legal requirements

4.2 Data Usage Restrictions

You agree not to: - Upload data you don't have rights to - Violate any data protection laws - Share access to the Services with unauthorized users - Use the Services for illegal activities

5. Service Level Agreement

- We target 99.9% uptime for our Services - Scheduled maintenance will be communicated in advance - Support response times vary by subscription tier - Service credits may be issued for extended downtime

6. Term and Termination

- Initial term begins on the Effective Date - Either party may terminate for material breach - Upon termination: - Access to Services will cease - You must pay all outstanding fees - You may request your data within 30 days - We will delete your data after 90 days

7. Compliance and Security

We maintain: - PCI DSS compliance for payment data - ISO 27001 security standards - GDPR compliance for EU data - SOC 2 Type II certification - Regular security audits and assessments Our security measures include: - Encryption of data in transit and at rest - Regular penetration testing - Access control and authentication - Security incident response procedures - Employee security training

8. Data Processing and Third-Party Services

Regarding data processing and third-party services: - We act as a data processor for your payment data - We may engage sub-processors for specific services - All sub-processors are bound by appropriate Data Processing Agreements - We will notify you of material changes to our sub-processor list - You grant us authority to engage these sub-processors on your behalf Your responsibilities: - Ensure you have rights to share data with us and our sub-processors - Comply with applicable data protection laws - Obtain necessary consents from data subjects - Maintain appropriate security measures on your end

9. Warranties and Disclaimers

- We warrant that the Services will perform materially as described - Services are provided "as is" without other warranties - We do not guarantee third-party integrations - You warrant that you have rights to use and share your data

10. Limitation of Liability

To the maximum extent permitted by law, payoptify's total liability shall not exceed: - The amounts paid by you in the 12 months preceding the claim - We are not liable for indirect, consequential, or special damages - Each party's liability for gross negligence, willful misconduct, or fraud shall not be limited

11. Indemnification

You agree to indemnify us against claims arising from: - Your violation of these Terms - Your use of the Services - Your Customer Content - Your violation of laws or third-party rights

12. Confidentiality

- Each party will protect the other's confidential information - Confidential information includes business and technical data - Protection standards match industry best practices - Obligations survive termination

13. Affiliate Relationships

- These Terms extend to and bind the Affiliates of both parties - You are responsible for ensuring your Affiliates comply with these Terms - We may provide the Services through our Affiliates - Either party's Affiliates may enforce rights under these Terms

14. Changes to Terms

- We may modify these Terms with 30 days notice - Continued use after changes constitutes acceptance - Material changes require your explicit consent - Current terms are always available at payoptify.com/terms

15. Governing Law

- These Terms are governed by German law - Disputes will be resolved in Frankfurt, Germany - You waive any objection to this jurisdiction

16. Contact Information

For any questions about these Terms, please contact us at: Email: info@payoptify.com