Terms of Use
These Terms of Use (hereinafter referred to as the 'Terms') govern the relationship between the company providing the Spay payment infrastructure (hereinafter referred to as the 'Service', 'We') and the merchant or any other user accessing the Service (hereinafter referred to as 'You', 'User'). Using the Service means your full and unconditional acceptance of these Terms.
1. Acceptance of Terms
By registering an account, signing a contract, or otherwise starting to use the Service, you confirm that you have read, understood, and accept these Terms.
If you do not agree with any provision, you should stop using the Service and refrain from registering.
2. Service Description
Spay provides software and infrastructure solutions for receiving and sending payments: REST API, payment forms, webhooks, merchant dashboard, and related tools.
The Service acts as a technical provider and is not a bank or other financial institution. All financial transactions are conducted through licensed partners and within their regulatory framework.
3. Registration and Account
To use the Service, you must undergo the KYB (Know Your Business) process and provide accurate information about your legal entity, beneficiaries, and activities.
You are required to keep your information up to date, promptly report any changes, and ensure the confidentiality of your account credentials and API secrets.
We reserve the right to refuse registration or suspend access to your account if we suspect fraud, violation of the Terms, or applicable laws.
4. User Obligations
You agree to use the Service only for lawful purposes and in accordance with applicable AML/CFT regulations, sanctions regimes, and consumer protection laws.
Using the Service for activities explicitly prohibited by the laws of the merchant's registration country, the payment recipient's country, or the requirements of partner banks and payment systems is prohibited.
You are responsible for the content, legality, and accuracy of the information provided to payers, as well as for the correctness of the descriptions of goods and services.
5. Fees and Payments
Applicable fees, commissions, and payment timelines are determined by individual agreements between the Service and the User.
The Service may withhold fees before or after deducting funds from the payer, and may adjust payments in the event of chargebacks, refunds, sanctions, or other legal grounds.
Withdrawals are made within the timelines and methods agreed upon in the contract, considering AML/KYC requirements and partner restrictions.
6. Prohibited Use
The User agrees not to use the Service for: financing terrorism, laundering criminal proceeds, trafficking weapons, drugs, banned substances, child pornography, financial pyramids, or violating UN, EU, US sanctions and other applicable jurisdictions.
The Service may unilaterally terminate service and return funds to payers upon detection of prohibited activities.
7. Intellectual Property
All rights to the software, trademarks, documentation, and other intellectual property of the Service belong to its rights holders.
The User is granted a non-exclusive, revocable, and non-transferable license to use the Service solely under these Terms.
8. Limitation of Liability
The Service is provided on an 'as is' basis. We make reasonable efforts to ensure the availability and proper functioning of the Service, but do not guarantee its uninterrupted operation, error-free performance, or suitability for specific User purposes.
To the extent permitted by applicable law, the Service is not liable for lost profits, indirect damages, data loss, or reputational harm incurred by the User as a result of using or being unable to use the Service.
The total liability of the Service is limited to the amount of fees paid by the User over the last six calendar months, unless otherwise specified in the contract.
9. Changes to Terms
The Service may unilaterally make changes to these Terms. The new version will be published on the website and will take effect from the date of publication, unless a different date is specified in the notice.
Continued use of the Service after the changes take effect signifies the User's acceptance of the new version of the Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by the laws of the jurisdiction specified in the contract between the Service and the User.
All disputes arising from the use of the Service shall be resolved in accordance with the procedures established by the relevant contract, and in the absence of such a contract, according to general jurisdiction rules.