HCE Service Limited, is referred hereinafter to as “HCE” or “HCE Service” or “IPOSUP”, and HCE Service promotes its branded “IPOSUP” hosted mobile payments service offered in accordance with this User Agreement.
The mobile apps, websites and the services offered by HCE or IPOSUP are currently only addressed to persons who have their registered office or place of residence in the UK or the European Union. IPOSUP is a trademark of HCE Service and has FCA regulatory approval with the UK Financial Conducts Authority (FCA) as an Authorised Payment Institution (API); FCA registration number: 931781.
As a User of the IPOSUP Apps, you confirm that you have antivirus software installed and operational on your target mobile devices where you are installing and running the IPOSUP Apps.
1. IPOSUP Services
1.1 Eligibility and Limitation of Use
IPOSUP.COM Sites and Services as defined in this User Agreement are available to you as a User provided you are at least 18 years of age. IPOSUP Services can be used in the UK and the EU countries. IPOSUP is a trademark of HCE Service Limited, UK.
1.2 IPOSUP Mobile Applications and Components
You can create one or more smartphone-based IPOSUP User Accounts that allow you to manage your point-of-sale payment methods and perform financial transactions.IPOSUP provides you the IPOSUP mobile application which has the following app components:
–IPOS is your merchant ‘Point-Of-Sale’ for processing ‘Sale’, ‘Refund’ and ‘Void’ transactions for the supply of goods or services to your customers, and receive payments from them.
– HCE Wallet is your digital wallet for your Merchant Card Settlement Account and Personal Ecash Accounts.
– SWIM ID is your Digital Identity containing your KYC identity information and your SWIM ID enables you to sign-in securely using your PIN (Personal-Identification-Number) with strong 2-factor authentication compliant to Payment Service Directive 2 (PSD2) regulations.
2. Your IPOSUP User Account(s)
2.1 Registration and Identity Verification
You confirm that the personal information provided by you is accurate and authentic, and you agree to update IPOSUP if any information changes. You also authorise IPOSUP to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (your name, address, past addresses, date of birth), to query account information associated with your bank and card accounts, and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further auhortise any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
2.2 Verification Procedures and Limits
IPOSUP uses multi-level systems and procedures to collect and verify your information in order to protect IPOSUP and our User and Partner communities from fraudulent Users, and to keep accurate records of IPOSUP customers. Your account may set limits including daily or weekly card payments limits, withdrawal and transfer limits. IPOSUP may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any IPOSUP Services and/or before permitting you to engage in transactions.
2.3 E-Sign Disclosure and Consent
This E-Sign policy describes how IPOSUP verifies and records on your E-Signed communication to us and delivers E-Signed communications to you electronically.
You agree to “Electronic Signature and Delivery of Communications” for all electronic bi-directional communications, agreements, documents, notices and disclosures (collectively, “Communications”) that you and we provide in connection with your IPOSUP Account and your use of IPOSUP Services.
Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
Responses to claims or customer support inquiries filed in connection with your IPOSUP Account.
All bi-directional E-Signed communication will be via your IPOSUP Mobile App. Other non-E-Signed Communications to you will be via your primary email address listed in your IPOSUP Account profile, instant chat, and/or through other electronic communication such as text message or mobile push notification.
You may withdraw your consent to receive Communications electronically by using the “Deactivate” function for your IPOSUP Account(s).
It is your responsibility to provide us with a true, accurate and complete e-mail address, your mobile phone number and your contact information, and to keep such information up to date. You understand and agree that if IPOSUP sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, IPOSUP will be deemed to have provided the Communication to you. You may update your information by logging into your IPOSUP Mobile App account.
3 & 4 Omitted
5. General Use, Prohibited Use, and Termination
5.1 Limited License
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the IPOSUP Mobile App and Sites, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by IPOSUP from time to time. Any other use of the IPOSUP Mobile App or Content is expressly prohibited and all other right, title, and interest in the IPOSUP Mobile App or Content is exclusively the property of IPOSUP and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “IPOSUP Mobile App”, “IPOSUP.COM Sites” and all logos related to the IPOSUP Services or displayed on the IPOSUP.COM Sites are either trademarks or registered marks of IPOSUP or its licensors. You may not copy, imitate or use them without IPOSUP‘s or the appropriate licensor’s prior written consent.
5.2 Mobile App and Website Accuracy
Although we intend to provide accurate and timely information on the IPOSUP.COM Sites, the IPOSUP.COM Sites (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the IPOSUP Mobile App or Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the IPOSUP Mobile App or IPOSUP.COM Site,
5.3 Third-Party Applications
If, to the extent permitted by IPOSUP from time to time, you grant express permission to a third party to access or connect to your IPOSUP Account, either through the third party’s product or service or through the IPOSUP Mobile App or Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your IPOSUP Account. Further, you acknowledge and agree that you will not hold IPOSUP responsible for, and will indemnify IPOSUP from, any liability arising out of or related to any act or omission of any third party with access to your IPOSUP Account. You may change or remove permissions granted by you to third parties with respect to your IPOSUP Account at any time through the Account Settings (Integrations) page on the IPOSUP Mobile App or Sites.
5.4 Prohibited Use
In connection with your use of the IPOSUP Services, and your interactions with other Users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your IPOSUP Account and/or block transactions or freeze fundsor suspend the Pennies Charitable Proposition (as defined below) immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
5.5 Charity partner
We have an agreement with a charity partner (The Pennies Foundation, Registered charity number 1122489 “Pennies”) to facilitate the collection of charitable donations on their behalf via IPOSUP Services (the “Pennies Charitable Proposition”). If you select the option ‘donate the percentage of a transaction amount to charity?’ on the IPOS App screen, you agree to select a percentage from those offered and to donatethis percentage of your transaction value to Pennies which IPOSUP will pay directly to Pennies on your behalf. Pennies will subsequently grant out 90% of this amount to your nominated charity. If you select the option ‘Accept cardholder charity donations’ to offer the Pennies Charitable Proposition to your customers via your IPOS App, this will be transferred to Pennies by IPOSUP who will then grant out 90% of that to your nominated charity. The remaining 10% in each case will be retained by Pennies to further its charitable objects. Without prejudice to your undertakings in clause 5.1, you agree not to alter, deface or in anyway amend the appearance of the [customer screen] and [merchant charity screen]. You agree you will not contact a customer in relation to any donation they may make using the IPOS App and explain to the customer that in the event of a refund on their purchase with you, the charitable donation will not be refunded. If the customer has a complaint relating to the donation, you will notify IPSOSUP as soon as possible via email to [email@example.com
] [and contact Pennies on [firstname.lastname@example.org
Without the prior written consent of Pennies, you shall not register as a trade mark any word or mark which is similar to the Penniestrade marks (registered or unregistered, of, and relating to, Pennies’ logo or name “Pennies Trade Marks”) or any fundraising campaign undertaken by Pennies including but not limited to any permutation, extension or abbreviation of them.
You undertake not to do or permit to be done anything which is within your control and of which you are aware which would or might jeopardise or invalidate any registration of the registered Pennies Trade Marks or application therefore nor to do any act which might assist or give rise to an application to remove any of the registered Pennies Trade Marks from a national register of trade marks or which might prejudice the right or title of Pennies to any of the Pennies Trade Marks. You shall not make any representation or do any act which may be taken to indicate that you have any right title or interest in or to the ownership or use of any of the Pennies Trade Marks, and acknowledge that nothing contained in this Agreement shall give you any right, title or interest in or to the Pennies Trade Marks.
You will not offer the Pennies Charitable Proposition or represent yourself as being associated with Pennies or display any Pennies Trade Marks other than by using the IPOSUP Services.
5.6 Transactions Limits
The use of all IPOSUP.COM Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. IPOSUP reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to our Customer Services (email@example.com
). We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with IPOSUP staff (such process, “Enhanced Due Diligence”).
IPOSUP reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
5.7 Suspension, Termination, and Cancellation
IPOSUP may: (a) suspend, restrict, or terminate your access to any or all of the IPOSUP Services, and/or (b) deactivate or cancel your IPOSUP Account if: We are so required by a[prima facie?] valid subpoena, court order, or binding order of a government authority; or We reasonably suspect you of using your IPOSUP Account in connection with a Prohibited Use or Business; or Use of your IPOSUP Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory noncompliance associated with your Account activity; or Our service partners are unable to support your use; or You take any action that IPOSUP deems as circumventing IPOSUP‘s controls, including, but not limited to, opening multiple IPOSUP Accounts or abusing promotions which IPOSUP may offer from time to time. You breach our Behaviour Policy If IPOSUP suspends or closes your account, or terminates your use of IPOSUP Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits IPOSUP from providing you with such notice. You acknowledge that IPOSUP‘s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to IPOSUP‘s risk management and security protocols. You agree that IPOSUP is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Merchant Settlement Accounts for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a court order. If IPOSUP suspends or closes your account, or terminates your use of IPOSUP Services for any reason IPOSUP reserves the right to require you to complete the Verification Procedures before permitting you with transfer or withdraw funds.
You may cancel your IPOSUP Account at any time by withdrawing all balances and deactivating via your IPOSUP Mobile App. You will not be charged for cancelling your IPOSUP Account, although you will be required to pay any outstanding amounts owed to IPOSUP. You authorise us to cancel or suspend any pending transactions at the time of cancellation.
5.8 Relationship of the Parties
IPOSUP is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and IPOSUP to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or IPOSUP to be treated as the agent of the other.
5.9 Privacy of Others; Marketing
If you receive information about another User through the IPOSUP Services, you must keep the information confidential and only use it in connection with the IPOSUP Services. You may not disclose or distribute a User’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the User’s express consent to do so. You may not send unsolicited email to a User through the IPOSUP Services.
5.10 Password Security; Contact Information
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the IPOSUP Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorised access to your IPOSUP Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your IPOSUP Account and any associated accounts, including your linked bank account(s) and credit/debit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of IPOSUP and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your IPOSUP Account information has been compromised, contact IPOSUP Support immediately at firstname.lastname@example.org
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the IPOSUP Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your IPOSUP Account.
5.12 Unclaimed Property
If IPOSUP is holding funds in your account, and IPOSUP is unable to contact you and has no record of your use of the Services for several years, applicable law may require IPOSUP to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, IPOSUP will try to locate you at the address shown in our records, but if IPOSUP is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. IPOSUP reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
6. Customer Feedback, Queries, Complaints and Dispute Resolution
6.1 Contact IPOSUP
If you have any feedback, questions, or complaints, contact us via our Customer Support email email@example.com
. When you contact us please provide us with your name, address, and any other information we may need to identify you, your IPOSUP Account, and the transaction on which you have feedback, questions, or complaints.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact us via our Customer Support email (firstname.lastname@example.org
). A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by IPOSUP.COM. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, IPOSUP may treat your response as if it has been submitted on time.
In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. IPOSUP may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
Any offer made under this Section 6 will only become binding on IPOSUP.COM if you accept the offer by following the instructions provided by IPOSUP.COM within the stated timeframe. Any offer under this Section 6 will not constitute any admission by IPOSUP of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against IPOSUP regarding the subject matter of the complaint.
This provision only applies to consumers. You agree to use the complaints procedure of this Section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
7. General Provisions
7.1 Computer Viruses
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from IPOSUP. Always log into your IPOSUP Account through the IPOSUP.COM Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
7.2 Release of IPOSUP; Indemnification
If you have a dispute with one or more Users of the IPOSUP.COM Services, you release IPOSUP.COM, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold IPOSUP, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
7.3 Limitation of Liability
IN NO EVENT SHALL IPOSUP, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR HCE WALLET ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE HCE WALLET SITE OR THE HCE WALLET SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF HCE WALLET HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT HCE WALLET FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE HCE WALLET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HCE WALLET SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. HCE WALLET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE HCE WALLET SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
IPOSUP makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Sites. IPOSUP will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but IPOSUP makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
7.4 Entire Agreement
We may amend or modify this Agreement by posting on the IPOSUP.COM Sites or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the IPOSUP Services, or suspension or termination of your access to the IPOSUP Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavour to provide you advanced notice via our website and/or email before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any IPOSUP affiliates or subsidiaries, or to any successor in interest of any business associated with the IPOSUP Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
7.8 Change of Control
In the event that IPOSUP.COM is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, IPOSUP Account cancellation, debts owed to IPOSUP, general use of the IPOSUP.COM Sites, disputes with IPOSUP, and general provisions, shall survive the termination or expiration of this Agreement.
7.10 Governing Law
If you are a UK or EU resident, this Agreement will be governed by English Law and the non-exclusive jurisdiction of the English courts.
7.11 Force Majeure
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
7.12 English Language Controls
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
8. Prohibited Use and Businesses and Conditional Use
8.1 Prohibited Use
You may not use your IPOSUP Account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of IPOSUP Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at email@example.com. By opening a IPOSUP Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where IPOSUP conducts business, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the IPOSUP.COM Sites that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorised access to the IPOSUP.COM Sites, other IPOSUP Accounts, computer systems or networks connected to the IPOSUP.COM Sites, through password mining or any other means; use IPOSUP Account information of another party to access or use the IPOSUP.COM Sites, except in the case of specific Merchants and/or applications which are specifically authorised by a User to access such User’s IPOSUP Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of IPOSUP.COM.
Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any IPOSUP.COM Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the IPOSUP.COM Sites about others, including without limitation email addresses, without proper consent.
Fraud: Activity which operates to defraud IPOSUP, IPOSUP Users, or any other person; provide any false, inaccurate, or misleading information.
IPOSUP Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder; use of IPOSUP intellectual property, name, or logo, including use of IPOSUP trade or service marks, without express consent from IPOSUP.COM or in a manner that otherwise harms IPOSUP Account Users or the IPOSUP brand; any action that implies an untrue endorsement by or affiliation with IPOSUP.COM Prohibited Businesses; use Pennies’ intellectual property, or the Pennies Trade Marks without prior written consent from Pennies or act in a manner that otherwise harms the Pennies brand.
8.2 Prohibited Businesses
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from IPOSUP Services (“Prohibited Businesses”). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of IPOSUP Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at firstname.lastname@example.org. By opening a IPOSUP Account, you confirm that you will not use IPOSUP Services in connection with any of following businesses, activities, practices, or items: Investment and Credit Services: Acceptance of digital micro-donations for non-profit enterprise, otherwise than in relation to the Pennies Charitable Proposition; Securities brokers; mortgage consulting or debt reduction services; credit counselling or repair; real estate opportunities; investment schemes Restricted Financial Services: Check cashing, bail bonds; collections agencies. Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorisation from the rights holder Counterfeit or Unauthorised Goods: Unauthorised sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporisers, and hookahs Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom) Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorisation or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
8.3 Conditional Use
Express written consent and approval from IPOSUP must be obtained prior to using IPOSUP Services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at email@example.com. IPOSUP.COM may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use IPOSUP Services in connection with any of following businesses, activities, or practices: Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the IPOSUP Services to
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize.
Religious/Spiritual Organisations: Operation of a for-profit religious or spiritual organisation.
8.4 Legal Proceedings
You will notify us within 14 days (at firstname.lastname@example.org) of any legal proceedings being taken by or against you in relation to any alleged Prohibited Use or Prohibited Business or in relation to the operation of this Agreement.
9. Merchant Service Agreement
Please click this link to view the IPOSUP – MERCHANT SERVICE AGREEMENT.
10. Developer License
10.1 IPOSUP.COM API
This Agreement governs your use of IPOSUP‘s application programming interfaces and any accompanying or related documentation, source code, software development kit, executable applications, access to test sandboxes, and any other services and materials (the “IPOSUP.COM API”).
Use of the IPOSUP.COM API is subject to this Part 3 and is also subject to General Use terms (Part 1).
10.2 License Grant
Subject to the terms and restrictions set forth in this Agreement, IPOSUP grants you a cancelable, non-exclusive and non-transferrable license solely to use and integrate the IPOSUP.COM API and underlying content into your website or desktop or mobile application (“Developer Application”), so that your Developer Application can integrate with IPOSUP Mobile App Software Development Kits (SDKs) and HCE IPOS SWIM host proprietary API.
10.3 Support, Restrictions and Responsibilities
IPOSUP may elect to provide you with support or modifications for the IPOSUP.COM API, in its sole discretion, and may terminate such support at any time without notice. IPOSUP.COM may change, suspend, or discontinue any aspect of the IPOSUP.COM API at any time, including the availability of any IPOSUP.COM API.
IPOSUP may set limits on the number of IPOSUP.COM API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, IPOSUP.COM may moderate your activity or cease offering you access to the IPOSUP.COM. You agree to such limitations and will not attempt to circumvent such limitations.
By using the IPOSUP.COM API, you agree to the following terms:
– Register for an IPOSUP Account.
– Comply with all applicable laws, regulations, licensing requirements, and third party rights (including, without limitation, data privacy laws).
– Represent and warrant that your Application, including but not limited to the name of the Application and all content in your Application, does not infringe the Intellectual Property rights of
You shall not:
– Copy, rent, lease, sell, sublicense, or otherwise transfer your rights in the IPOSUP.COM API to a third party.
– Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the IPOSUP.COM API.
Integrate any spyware, adware, or any other malicious programs or applications with the IPOSUP.COM API.
– Use the IPOS and/or HCE Wallet API to encourage, promote, or participate in illegal activity or use, violate third party rights, including intellectual property rights or privacy
– Use the IPOSUP.COM API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of IPOSUP.COM‘s servers or impacts the behaviour of other applications using theIPOSUP.COM API.
– Without written consent which will detail enhanced on-boarding procedures, develop Developer Applications for use in any of the following activities: Gaming, Gambling Services; Donation Acceptance Services.
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless IPOSUP, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the IPOSUP.COM API or your IPOSUP Account in violation of this Agreement, (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (c) your failure to secure and keep secret your IPOSUP.COM API key(s).
10.5 Intellectual Property, Ownership and Use of Marks
As between IPOSUP and you, the IPOSUP.COM API, IPOSUP Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of IPOSUP and are protected by applicable intellectual property laws and treaties. You have no rights with respect to IPOSUP.COM API or IPOSUP Marks except as expressly set forth herein. If you obtain IPOSUP‘s prior written consent, you may use and display IPOSUP.COM‘s name and logo (“IPOSUP Marks”) solely to attribute the IPOSUP.COM API as the source of your Application.
“Customer Data” means any and all Sensitive Personal Information (“SPI” such as card data, date of birth, device and usage information) derived from access to or use of any of the IPOSUP.COM API, including but not limited to data that relates to any end Users of any IPOSUP Services or pertains to use of any IPOSUP Services by such end Users.
You acknowledge and agree that you are solely responsible for obtaining all required consents from end Users in connection with any use of your Developer Application and the IPOSUP.COM API, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Without limiting the foregoing, before collecting any Customer Data or other information from end Users of your Developer Application, you must provide adequate notice of what Customer Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Developer Application will comply with all privacy laws and regulations (including those applying to SPI) in connection with your access and use of the IPOSUP.COM API.
You will use all reasonable efforts to protect using cryptographic encryption Customer Data (as defined above) collected by your Developer Application, including without limitation any SPI, from unauthorised access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorised third parties, you shall notify IPOSUP promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by IPOSUP resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any IPOSUP.COM API or any authorised or unauthorised use of your Application.
10.8 Data Use
You will not sell any Customer Data or disclose any Customer Data to any third party. Your Developer Application may use Customer Data only as required for use and access to your Developer Application by the end User to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Developer Application or transmit all or part of the Customer Data to any third party for any use separate from your Developer Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.
Last updated: October 4th 2021