Terms of Service

Last Updated: 10.22.2015

1. Agreement to Terms

These Terms of Service ("Terms," "Terms of Service") constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and PayCloud Innovations ("Company," "we," "us," or "our"), concerning your access to and use of the PayCloud Innovations website, platform, and related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

2. Definitions

For purposes of these Terms:

"Account" means the unique account created for you to access our Services
"Content" means text, graphics, images, music, software, audio, video, works of authorship, applications, and other materials
"User" or "you" means the individual or entity using the Services
"Services" means all products, services, applications, and platforms provided by PayCloud Innovations
"Subscription" means the paid plan or tier you have selected to access our Services

3. Eligibility and Account Registration

3.1 Eligibility

To use our Services, you must:

Be at least 18 years of age (or the age of majority in your jurisdiction)
Have the legal capacity to enter into binding contracts
Not be prohibited from using the Services under applicable laws
Comply with all terms and conditions set forth in these Terms

3.2 Account Creation

To access certain features, you must register for an account by providing:

Accurate, current, and complete information
A valid email address
A secure password

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use or security breach

3.3 Account Security

You agree to:

Choose a strong, unique password
Not share your account credentials with others
Not allow others to access your account
Log out from your account after each session
Immediately notify us of any suspected security breach at info@PayCloudInnovations.com

4. Use of Services

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

4.2 Acceptable Use

You agree to use the Services only for lawful purposes. You will NOT:

Violate any applicable laws, regulations, or third-party rights
Use the Services for any illegal or unauthorized purpose
Transmit viruses, malware, or other harmful code
Attempt to gain unauthorized access to our systems or networks
Interfere with or disrupt the integrity or performance of the Services
Scrape, spider, or use automated means to access the Services without permission
Impersonate any person or entity or misrepresent your affiliation
Collect or harvest information about other users without consent
Use the Services to send spam, phishing attempts, or unsolicited communications
Reverse engineer, decompile, or disassemble any aspect of the Services
Remove, obscure, or alter any proprietary notices on the Services
Resell, lease, or provide the Services to third parties without authorization
Use the Services in a manner that competes with our business

4.3 Prohibited Content

You agree not to upload, post, transmit, or otherwise make available any Content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, or hateful
Infringes upon intellectual property rights or other proprietary rights
Contains software viruses or any malicious code
Promotes illegal activities or violates any laws
Contains personal information of others without their consent
Is false, misleading, or fraudulent
Violates the privacy or publicity rights of others

5. Subscriptions and Payments

5.1 Subscription Plans

We offer various subscription plans with different features and pricing. Details of our subscription tiers are available on our website.

5.2 Payment Terms

Billing Cycle: Subscriptions are billed on a [monthly/annual] basis, depending on your selected plan
Payment Method: You must provide valid payment information and authorize us to charge the applicable fees
Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
Price Changes: We reserve the right to modify our pricing with [30 days] notice
Taxes: Fees are exclusive of applicable taxes, which you are responsible for paying

5.3 Refunds and Cancellations

Cancellation: You may cancel your subscription at any time through your account settings
Effect of Cancellation: Access to paid features will continue until the end of your current billing period
Refund Policy: [Specify your refund policy - e.g., "We offer refunds within 30 days of initial purchase" or "All sales are final"]
Account Deletion: Upon request, we will delete your account and associated data in accordance with our Privacy Policy

5.4 Free Trials

We may offer free trials for certain Services. Free trials:

Require valid payment information
Automatically convert to paid subscriptions unless canceled before the trial ends
Are subject to limitations on features and usage
Are available once per user/organization

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and all Content contained therein, including but not limited to text, graphics, logos, icons, images, audio clips, software, and compilation thereof (collectively, "Our Content"), are the exclusive property of PayCloud Innovations and are protected by copyright, trademark, patent, and other intellectual property laws.

You may not:

Copy, modify, distribute, or create derivative works of Our Content
Use our trademarks, logos, or branding without prior written consent
Remove or alter any copyright or proprietary notices

6.2 Your Content

You retain all ownership rights to Content you submit, post, or upload to the Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display Your Content in connection with operating and providing the Services.

You represent and warrant that:

You own or have the necessary rights to Your Content
Your Content does not violate any third-party rights
Your Content complies with these Terms

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us the right to use such Feedback without any obligation to you.

7. Data and Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that:

Internet transmission is not completely secure
We are not liable for unauthorized access resulting from circumstances beyond our control
You are responsible for backing up your data

8. Third-Party Services and Links

The Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We:

Do not endorse or assume responsibility for third-party content or services
Are not liable for any damages arising from your use of third-party services
Encourage you to review the terms and privacy policies of any third-party services

Some features may allow integration with third-party services. Your use of these integrations is subject to the third party's terms and conditions.

9. Disclaimers and Warranties

9.1 "AS IS" and "AS AVAILABLE"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES
ERROR-FREE OR UNINTERRUPTED OPERATION
SECURITY OR VIRUS-FREE OPERATION

9.2 No Guarantee

We do not warrant that:

The Services will meet your requirements or expectations
The Services will be available at all times without interruption
Any errors or defects will be corrected
The Services are free from viruses or other harmful components

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYCLOUD INNOVATIONS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, USE, OR OTHER ECONOMIC ADVANTAGE
DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless PayCloud Innovations and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use or misuse of the Services
Your violation of these Terms
Your violation of any rights of another party
Your Content or any content you submit
Your breach of any representations or warranties

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

Following the cancellation process in your account settings
Contacting our support team at info@PayCloudInnovations.com
Ceasing to use the Services

12.2 Termination by Us

We reserve the right to suspend or terminate your access to the Services, with or without notice, for:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Non-payment of fees
Any other reason at our sole discretion

12.3 Effect of Termination

Upon termination:

Your right to use the Services immediately ceases
We may delete your account and all associated data
You remain liable for any outstanding fees or obligations
Sections that by their nature should survive termination will remain in effect

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

13.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement or violation of confidentiality obligations.

The arbitration shall be conducted by [Arbitration Organization] in accordance with its rules. The arbitration shall take place in [City, State/Country], and judgment on the award may be entered in any court having jurisdiction.

CLASS ACTION WAIVER: YOU AND PAYCLOUD INNOVATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.3 Exceptions

Either party may bring a lawsuit in court if:

The dispute is related to intellectual property rights
The dispute involves injunctive relief
The dispute cannot be arbitrated under applicable law

13.4 Informal Resolution

Before initiating arbitration or litigation, you agree to first contact us at info@PayClouInnovations.com to attempt to resolve the dispute informally for at least 30 days.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

Update the "Last Updated" date at the top of these Terms
Provide notice through the Services or via email
Give you the opportunity to review the changes before they take effect

Material changes will take effect [30 days] after notice is provided. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and PayCloud Innovations regarding the Services.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, government actions, or failures of third-party service providers.

15.6 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and PayCloud Innovations.

15.7 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Services.

15.8 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall prevail.

16. Contact Information

If you have any questions about these Terms, please contact us:

PayCloud Innovations Legal Department

Email: info@PayCloudInnovations.com
Postal Address: 120 Tustin Ave Ste C268 Newport Beach CA 92663
Phone: 949.393.8778
Support Portal: www.paycloudinnovations.com

17. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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Effective Date: 10.22.2025
Company Name: PayCloud Innovations
Jurisdiction: California/United States

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