Accepting the terms
By using the information, tools, features, software, and functionality including content, updates and new releases provided by PayIt of the “PayIt Services,” you agree to be bound by this Agreement. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
Privacy and your personal information
Description of the services
The PayIt Services are various tools and functions offered through the mobile application that allows you to complete transactions, including making payments, to government agencies. This includes processing vehicle registrations, obtaining licenses and permits, and more. PayIt relies on the data you provide to be complete and accurate, and can assume no liability for errors in this data provided. PayIt will be responsible to you for any authorized refund or chargeback.
Account information from third-party sites
Users may direct PayIt to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts, or engage in financial transactions (“Account Information”). PayIt works with one or more online service providers to access this Account Information. PayIt makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality, or non-infringement. PayIt is not responsible for the products and services offered by or on third-party sites. PayIt cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. PayIt cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings.
Your registration information
In order to allow you to use the Services, you may need to sign up for an account with PayIt. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your e-mail address or financial instruments, ordering a credit report, or verifying information you provide against third-party databases or through other sources. If you do not provide this information or PayIt cannot verify your identity, we can refuse to allow you to use the Services. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address, allows you to access the Sites. That e-mail address and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify PayIt immediately. If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transaction has occurred, you must notify PayIt immediately in order to minimize your possible losses. The following is PayIt’s contact e-mail: email@example.com.
Your use of the services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Services for lawful purposes. Accurate records enable PayIt to provide the Services to you. You must provide true, accurate, current, and complete information and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that PayIt, in its sole discretion, may elect to take. In no event will PayIt be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for PayIt to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
Use with your mobile device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. 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. PAYIT 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 SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and mobile alerts
PayIt may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information. Voluntary account alerts may be turned on by default as part of the Services. These alerts may allow you to choose alert messages for your accounts. PayIt may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service. You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. PayIt may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. PayIt shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. Electronic alerts will be sent to the e-mail address you have provided as your primary e-mail address for the Services. If your e-mail address or your mobile device’s e-mail address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your e-mail address or mobile number will apply to all of your alerts.
Rights you grant to us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials, and other content to PayIt through the Services, you are licensing that content to PayIt for the purpose of providing the Services. PayIt may use and store the content in accordance with this Agreement. You represent that you are entitled to submit it to PayIt for use for this purpose, without any obligation by PayIt to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize PayIt to access your Account Information maintained by identified third parties, on your behalf as your agent. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant PayIt a limited power of attorney, and appoint PayIt as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person or by mail. YOU ACKNOWLEDGE AND AGREE THAT WHEN PAYIT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, PAYIT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. PayIt is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
PayIt’s intellectual property rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of the Services belong or are licensed to PayIt or its software or content suppliers. PayIt grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation, or this Agreement.
Access and interference
You agree that you will not:
Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Services or any portion of the Services, without PayIt’s express written consent, which may be withheld in PayIt’s sole discretion; Use or attempt to use any engine, software, tool, agent, or other device, or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers; Post or transmit any file which contains malware, viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.
Rules for posting
As part of the Services, PayIt may allow you to post content on bulletin boards, blogs, and at various other publicly available locations on the Sites. These forums may be hosted by PayIt or by one of our third-party service providers on PayIt’s behalf. You agree in posting content to follow certain rules.
You are responsible for all content you submit, upload, post, or store through the Services.
You are responsible for all materials (“Content”) uploaded, posted, or stored through your use of the Services. You grant PayIt a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. PayIt is not responsible for the Content or data you submit through the Services. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.
You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Sites, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials, or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the Sites that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way. The Services may include a community forum or other social features to exchange information with other users of the Services and the public. PayIt does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which PayIt is not responsible.
Social media sites
Disclaimer of representations and warranties
THE SITES, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PAYIT, ITS AFFILIATES, AND ITS THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER PAYIT OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER PAYIT OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY MALWARE, VIRUSES, OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
Limitations on PayIt’s liability
PAYIT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES, OR THIS AGREEMENT, EVEN IF PAYIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PAYIT’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your indemnification of PayIt
You shall defend, indemnify and hold harmless PayIt and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
Ending your relationship with PayIt
This Agreement will continue to apply until terminated by either you or PayIt as set out below. If you want to terminate your legal agreement with PayIt, you may do so as follows: To close your account for the PayIt Service, please contact PayIt Support at firstname.lastname@example.org for instructions on how to close your account. PayIt may at any time, terminate its legal agreement with you and access to the Services: a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b) if PayIt in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c) for any reason and at any time with or without notice to you; or d) immediately upon notice, to the e-mail address provided by you as part of your Registration Information. You acknowledge and agree that PayIt may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that PayIt shall not be liable to you or any third party for any termination of your access to the Services.
PayIt reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. PayIt reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, PayIt will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that PayIt shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. PayIt may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via e-mail or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
Governing law and forum for disputes
If you downloaded any of the Services or product from the Apple App Store, the following terms also apply to you:
You acknowledge that this Agreement is between you and PayIt only, and not with Apple, and PayIt, not Apple, is solely responsible for the Software and the content thereof.
Scope of License
The license granted to you for the Software is a limited, non-transferable license to use the Software on Apple product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Apple App Store.
Maintenance and Support
PayIt and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
PayIt is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PayIt’s sole responsibility.
PayIt, not Apple, is responsible for addressing any user or third-party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, PayIt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info
Direct any questions, complaints or claims to: PayIt, LLC at email@example.com.
Third Party Terms of Agreement
You must comply with any applicable third-party terms of agree
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
|August 2017||Draft||Jean Nobile|
|July 2022||Revision||Andrew Barrett|