These Terms are a legal agreement between you and Paydala and contain the terms and conditions for your use of certain hosted software applications and services, including “know your customer” (“KYC”), geolocation, digital money management and risk management services, that we may provide to you and our Operator customers and that involve accessing third-party information and services (individually and collectively, the “Paydala Platform”). “You” means the user of the Paydala Platform. “Paydala,” “we” and “us” refer to Paydala, Inc. and includes its third-party service providers, who are also protected by these Terms. “Operator” means an entity that provides an online platform (the “Operator Platform”) to sell online services. The Operator has engaged Paydala to provide its services through the Paydala Platform in order to verify the identities of Operator Platform users, provide digital wallet services for users to use in connection with the Operator Platform, provide geolocation services relating to users, and/or risk management services.
Changes to Terms: These Terms are subject to change from time to time. Updated versions will be posted on this website; you should periodically check for updates to these Terms. If you have an account with Paydala, we will also post a notice of such updates within the Paydala Platform that you can view when you log in to the Paydala Platform and provide a link to the revised Terms. Your continued use of the Paydala Platform will indicate your acceptance of the revised Terms. We may require you to accept the new version of the Terms in order to continue accessing and using the Paydala Platform. If you object to any changes in these Terms, you may discontinue your use of the Paydala Platform. The licenses, user obligations, and authorizations described herein are ongoing.
In consideration of Paydala’s allowing you to access and use the Paydala Platform, you agree as follows:
- Right to Use Paydala Platform. Paydala hereby grants you a limited right to use the Paydala Platform for your own personal and individual use in connection with Operator’s gaming platform and services, subject to the terms, restrictions and limitations of these Terms, including without limitation Sections 2, 4 and 5. Paydala reserves the right to refuse to register you as a Paydala Platform account holder, either with or without cause. The service provided in the Paydala Platform may include KYC, geolocation, digital money management and risk management services, as agreed between Paydala and the Operator. Paydala will use commercially reasonable efforts to deliver the Paydala Platform services requested by you and to compile information gathered from selected public records and other sources used in the provision of the Paydala Platform; provided, however, that all information is provided “AS IS.” You acknowledge and agree that Paydala obtains its data from third-party sources, which may or may not be completely thorough and accurate. Without limiting the foregoing, your Personal Information, including criminal record data and financial data, that may be provided as part of the Paydala Platform may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected.
- Your Personal Information and Consents.
- Provide Accurate Information. You represent and agree that all information you provide to us in connection with the Paydala Platform is true, accurate, current, and complete. You agree not to misrepresent your identity or account information. You agree to keep your account information secure, up to date and accurate. You represent that you are a legal owner, or an authorized user, of the Account which you access through the Paydala Platform, and that you have the authority to (i) designate us and our service providers as your agent, (ii) use the Paydala Platform, and (iii) give us and our service providers the passwords, usernames, and all other information you provide.
- Data and Information Retention. Paydala is committed to only retaining Personal Information for a period of time that is necessary to fulfill a legitimate business purpose and deleting or de-identifying the Personal Information thereafter. The legitimate business purposes for which we retain Personal Information may include, without limitation: to provide, develop and improve the products and the services we make available through the Paydala Platform, to maintain the security, integrity and operation of the Paydala Platform, to comply with our legal and regulatory obligations and other third party requirements, to resolve disputes, and to enforce our agreements, to prevent fraud or criminal activity, to maintain business records and for other purposes we determine in our sole discretion. We destroy or de-identify Personal Information that is no longer necessary for the legitimate business purpose for which it was originally collected unless there is a legitimate request or order to inspect the information still outstanding or the information remains in routine records that are periodically discarded under our document retention policies. The Personal Information that you have provided us is maintained in our management information system and billing platforms, and is updated as new information is added. Accounting and billing records are retained for ten (10) years for tax and accounting purposes or until the relevant income tax years for which the document was created have been closed for income tax purposes and/or all appeals have been exhausted. Records may remain on file even after you have terminated your account on our Paydala Platform. Subject to applicable law, we may also keep records to facilitate collection and to evaluate credit worthiness.
- Operators must only request data through the Paydala Platform that you expressly consent to. If Operators both access data and initiate payments, Operators must obtain separate and distinct consents from you. Operators must have and maintain such systems and procedures as are reasonably necessary (consistent with applicable law and industry best practices) to actively track, monitor and document such consent and any revocation thereof.
- You have the ability to unlink your data (e.g., Personal Information) from any Operator application or service, or the Paydala Platform. In the event that you unlink your data, the Operator(s) will promptly notify Paydala of the same. Upon request by you, an Operator must promptly and permanently delete all of your data in Operator’s possession or control, except where retention of such data is required or authorized by applicable law, and (provided that automated notifications are set up in Operator’s system) Operator shall promptly notify Paydala of such deletion.
- Paydala Services.
(a) Digital Wallet: To facilitate deposits, withdrawals, and transaction history reporting, a digital wallet (the “Digital Wallet”) is created into which you can transfer funds from your bank accounts, cards, and eventually from other wallets, from anywhere in the US. And while you are in the United States and want to transact, you will be able to transfer funds from the wallet into your account at any operator affiliated with us. The balances and transactions done through digital wallet accounts are reflected in a corresponding custodian bank account (the “bank account” or “Account“) with our program partner, a federally insured bank (the “Bank”), currently GBank. The Digital Wallet is not a bank account and does not hold actual funds. Your actual funds are held in a shared custodial account at the Bank. The Digital Wallet is simply a digital representation of your actual funds that functions as a ledger for you to track the funds that you hold in the custodial bank account. Paydala is not itself a bank. All the financial transactions and corresponding funds movement occur amongst banks. The balances represented in your Digital Wallet that are held in the custodial bank account are insured by the FDIC to its current insured limit of $250,000.
- At the time of issuance and/or creation of the Digital Wallet, Paydala will open the custodian bank account with the Bank. All deposits, withdrawals, transfers, and fees charged to the Digital Wallet will be reflected in the bank account.
- All chargebacks, and returns on credit cards and ACH transactions, will be debited to the Digital Wallet and corresponding bank account. Any associated fees for chargebacks and returns will also be deducted from the Digital Wallet and bank account. You are solely responsible for recording, reporting, paying, and accounting for any tax that may be payable on any winnings to any relevant governmental or taxation authority.
- You are responsible for immediately depositing funds in the bank account in the event any returns, chargebacks, and fees result in a negative balance. You will be notified of any negative balance and if funds are not deposited within seven (7) days, then Paydala and the Bank reserve the right to initiate recovery through a collection agency or suspend or close the account. In the event the Bank settles or pays a transaction with your Account when there are insufficient funds stored on the Account to pay for the transaction, this will result in a negative balance on your Account and you agree to pay the Bank the amount of the negative balance. We may recover the negative balance amount from your Account upon your loading of sufficient funds to satisfy that negative balance in one or more deposits to the Account.
- Paydala will debit any fees for chargebacks and return processing to you. We will charge an inactivity fee of $2.95/ month if the account has been inactive for 6 months or more. “Inactivity” means there are no deposits, transfers or withdrawals from your Digital Wallet. The balance on the Account may be deemed to constitute unclaimed funds or dormant funds escheatable to the applicable state if, as shown by our records, you have not, within the statutory period, caused any activity or received any payments with regard to the Account, indicated any interest in the Account, corresponded with us concerning the Account, or otherwise indicated an interest in the Account as evidenced by correspondence on file with us, or transacted any business with us.
- If we receive a dispute for a credit or debit card deposit transaction or any other transaction you are subject to collection to the full extent of applicable law. We may attempt to collect utilizing a third-party collection agency and information about your Account may be reported to credit bureaus. You will receive timely notification of your rights to obtain information reported to a credit bureau directly from the collection agency if and when collection proceedings are brought against you. You may be required to complete an Affidavit of Fraud or Affidavit of Stolen Identity in case of a disputed deposit transaction.
- In order to enable an uninterrupted wallet and other services, Paydala reserves the right to change its program partner Bank and transfer your funds to other accounts with the replacement Bank at any time, without notice. Funds in the Digital Wallet will be FDIC insured and remain accessible by you, the user.
- In providing the Account and related services to you, Paydala and Bank disclaim any duty or responsibility other than those expressly set forth in these Terms, and our liability is limited by these Terms, as further set forth in Sections 16 and 17 below.
(b) Know Your Customer (KYC). Paydala provides Know-Your-Customer (“KYC”) identification verification services to the Operator, to verify your identity when you open an Account with the Operator and the Bank and to make sure that users of the Operator’s services are genuinely who they claim to be. These KYC services are required of the Operator and the Bank under applicable U.S. laws in order to prevent identity theft, money laundering, financial fraud, terrorism financing, and other financial crimes in connection with account(s) maintained by the Bank and/or otherwise in connection with your Account. You agree to provide complete and accurate information to Paydala.
(c) Geolocation. To determine your eligibility to use the Services, Paydala may determine your location using reference points such as GPS, IP address, beacons and/or software within your personal computer, mobile device, consumer electronics device, video game device or console, or any other equipment (“Device”). You will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other Device that you are using to access the Paydala Platform or otherwise take steps to prevent us from correctly identifying the actual IP address of the Device you are using while accessing the Paydala Platform. If you have set your Device(s) to disable GPS, Bluetooth or other location determining software, use connection methods or systems that mask your location, such a virtual private network, or do not authorize the Paydala Platform to access your location data, the Paydala Platform may not be able to determine your location and you will not be able to access or use the Operator Platform. Paydala and/or Operator may report any suspicious activity and may suspend and/or terminate your Account if you prevent or attempt to prevent the Paydala Platform from accurately determining your location.
(d) Fraud/Anti-Money Laundering (AML). To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify, and record information that positively identifies each person who opens an Account. When you open an Account with Bank, we will ask for proof of or otherwise request your name, address, date of birth, Social Security Number and other information that will allow us to identify you. If we have any questions, we may also require you to provide your current driver’s license and other identifying documents such as a passport.
- In addition to verifying your identity, we will also digitally verify the Devices you use to access and use the Paydala Platform. We may require you to provide us information regarding the GPS, IP address, beacons and/or software within your Device in order to perform this digital verification.
- If at any time we have reason to believe your Account was obtained fraudulently, has been stolen, has been used by an unauthorized person, or has been used illegally, we reserve the right to obtain and verify additional identity information about you and/or re-verify existing identity information within our records and from third party sources.
In order to use the Paydala Platform, you must be a U.S. citizen or legal resident of the United States and of the legal age for engaging in Operator’s business or activities; and, you must register an account with Paydala. You will need to provide certain information about yourself as prompted by the registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and, (b) you will maintain the accuracy of such information and notify Paydala if any of the requested information materially changes. If approved, you will be issued an Account after your first funding of the Account or as otherwise determined by us.
If you provide any false information to Paydala or appear on any fraud, sanctions or other adverse watch list, we may take any appropriate action, including suspending or terminating your Account and access to the Paydala Platform, reporting our findings to the Operator, and reporting our findings to legal authorities.
- Acceptable Use Policy. You agree not to use the Paydala Platform or the content or information delivered through the Paydala Platform in any way that would:
- be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Paydala Platform to impersonate another person or entity;
- violate any law, statute, ordinance, regulation or regulatory guideline (including without limitation those governing export control, consumer protection, money laundering and terrorist financing, unfair competition, anti-discrimination or false advertising);
- violate any applicable industry or organization rules;
- cause a material risk to the security or operations of Paydala or any of its clients, or to the continued normal operation of other Paydala clients;
- create liability for Paydala or its service providers or cause Paydala to lose the services of our service providers;
- access the information and content programmatically by macro, bots, spiders, page-scraping or other automated means. You may not use any other automated or manual processes or methods to copy or monitor the Paydala Platform or any of its contents;
- copy, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Paydala Platform available to any third party;
- damage, disable, overburden, or impair the Paydala Platform or interfere with any other party’s use and enjoyment of the Paydala Platform; or
- use the Paydala Platform in such a manner as to gain unauthorized entry or access to any computer systems.
Additionally, you agree that:
- you agree to provide accurate registration information and Personal Information when opening your account with Paydala, and you agree to promptly inform us of any changes in such information;
- you will use the Paydala Platform solely for your own personal purposes and benefit, and not as an agent on behalf of any third party;
- you will not allow others to access or use your Paydala account, or transfer your account to any third party;
- you will not use the Paydala Platform if you are under the legal age for engaging in Operator’s business or activities or are in a jurisdiction where the activities offered by the Operator are prohibited by law. WE MAY REPORT SUCH ACTIVITIES TO THE OPERATOR AND TO LAW ENFORCEMENT. Paydala takes its age-verification responsibilities seriously. We may ask for information to verify your age and identity and can restrict or suspend your Account until your age is confirmed. By signing up for an Account (defined below), you consent to our confirmation of your age and identity;
- you will not upload to the Paydala Platform or any content that is false, libelous, unlawful, may cause harm or injury, or violates any person’s right of privacy or any copyright, trademark, or other intellectual property rights;
- you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any other way use or exploit any of the content of the Paydala Platform or information or content provided through the Paydala Platform other than for their authorized purposes;
- you will not attempt to gain unauthorized access to the Paydala Platform or their related systems or networks, or adapt, translate, decompile, or otherwise attempt to discover within any Paydala Platform, the source code, data representations, or underlying algorithms, processes, and methods. (This restriction will not apply to the extent it limits any non-waivable right you may enjoy under applicable law);
- you will not access the Paydala Platform in order to build a competitive product or service, or copy any ideas, features, functions, or graphics of the Paydala Platform;
- you will not frame, scrape, link to, or mirror any content forming part of the Paydala Platform;
- you will not ) remove, obscure, or alter any proprietary notices associated with the Paydala Platform;
- you will not process through Paydala Platform as any data that falls under the protections of the Health Insurance Portability and Accountability Act of 1996;
- you will not circumvent, disable, or stress test any security or other technological features of the Paydala Platform;
- you are responsible for and will maintain the security and confidentiality of your Account. In particular, you agree to keep your username and password strictly confidential. You are responsible for any misuse of your password and Account. If a third party accesses your Account, you are solely responsible for that third party’s actions, whether or not that third party’s access was authorized by you; and
- you will not re-identify or attempt to re-identify any data provided in de-identified form.
- Use of Your Account. Each time you use your Account, you authorize us to immediately reduce the value available on your Account by the amount of the transaction. You are not allowed to exceed the available amount on your Account through an individual transaction or a series of transactions, and we will decline a transaction when we reasonably believe that you have insufficient funds in your Account to cover the transaction. Nevertheless, if at any point we inadvertently process a transaction that exceeds the balance of the funds available on your Account (creating a ‘negative balance’ in your Account) you shall remain fully liable to us for the amount of the transaction. We also reserve the right to cancel your Account should you attempt to create one or more negative balances with your Account.
You do not have the right to stop payment on any transaction originated by use of your Account including transactions with Operator. You may not make repetitive, preauthorized regular payments from your Account.
Where applicable, you may deposit or withdraw funds to and from your Account from an Electronic Access Method.
You agree to comply with the authentication methods used by Operator’s Electronic Access Method, customer service, self-serve devices and/or geo-location controls, including, but not limited to the use of passwords, PINs, or other methods that may be available to validate that you are the rightful account holder to conduct such deposit and withdrawal transactions. You agree that by utilizing available authentication methods you are solely responsible for such deposit and withdrawal activity. You agree that we may obtain and use wagering and other Operator account and transaction information to make deposits and withdrawals to your Account.
- Assignment. You may not transfer or assign your Account or your obligations under these Terms to any other person without Bank’s and/or Paydala’s prior written consent. Bank and/or Paydala may assign its obligations to you under these Terms to any other party or person without your consent and without prior notice to you.
- Authority to Access Information. Unless and until these Terms are terminated as set forth below, you grant Paydala and its service providers the right to access information at third-party sites on your behalf. Third-party sites shall be entitled to rely on the authorizations granted by you or through your account. For all purposes hereof, you hereby grant Paydala and its service providers the right to access third-party sites to retrieve and use such information as described herein, with the full power and authority to do and perform each and every act and thing required and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. Upon notice to Paydala, you may (i) revoke Paydala’s right to access information at third-party sites on your behalf, or (ii) subject to Section 2, request deletion of information collected from third-party sites. If you do so, however, we will be unable to provide further Paydala Platform to you, and our agreement under these Terms will be terminated and your Paydala account deleted. You understand and agree that the Paydala Platform are not sponsored or endorsed by any third-party site. YOU ACKNOWLEDGE AND AGREE THAT WHEN PAYDALA OR ITS SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM THIRD-PARTY SITES, THEY ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE THIRD-PARTY SITES.
- Third-Party Accounts. With respect to any third-party sites that we may enable you to access through the Paydala Platform and with respect to any non-financial institution accounts you include in the Paydala Platform, you agree to the following:
- You are responsible for all fees charged by the third party in connection with any non-financial institution accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that these Terms do not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-financial institution account, you agree to direct these to the account provider.
- Any links to third-party sites that we may provide are for your convenience only, and Paydala and its service providers do not sponsor or endorse those sites. Any third-party services that you may be able to access through the Paydala Platform, are services of the listed institutions. Neither we nor our service providers have responsibility for any transactions and inquiries that you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you. Neither we nor our service providers are liable for any damages or costs of any type arising out of or in any way connected with your use of the services of those third parties.
- Limitations of Paydala Platform. When using the Paydala Platform, you may incur technical or other difficulties. Neither we nor our service providers are responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Paydala Platform is for informational purposes only, does not represent an official record of your account, location, Device or identity, may not reflect your most recent transactions, and should not be relied on for transactional purposes.
- Technical Support. We will provide customer support for the Paydala Platform, including your Dwolla Account activity. We can be reached at email@example.com or 888-315-6755. If you experience problems using the Paydala Platform, please contact us and we will use reasonable efforts to resolve any material software errors or problems in the Paydala Platform.
- Changes to Paydala Platform. You acknowledge and agree that the Paydala Platform, Paydala’s web portal, and other materials that may be available as part of the Paydala Platform may be modified and updated from time to time, in Paydala’s sole discretion.
- Ownership. You agree that Paydala and/or its service providers, as applicable, retain all ownership and proprietary rights in the Paydala Platform, associated content, technology, mobile applications and websites, and all related intellectual property rights. You agree to comply with all copyright and other notices, legends or restrictions applicable to any such materials. You do not acquire any rights or ownership in any content or materials posted or provided by Paydala, its service providers, licensors, or other third parties. If you provide any suggestions, ideas or other feedback to us, we will own that feedback and may freely incorporate it into or use it to improve our services and products.
- Indemnification. You agree to defend, indemnify and hold harmless Paydala, its third-party service providers, and their officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your improper or unauthorized access to or use of the Paydala Platform, your providing of any incorrect or fraudulent information to Paydala, your violation of these Terms or any applicable law, the use of or access to your Account by any third party; or your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone.
- Professional Advice and Paydala Platform Disclaimer. The Paydala Platform are not intended to provide legal, tax, or financial advice. The Paydala Platform, and any portions and/or functionalities thereof, are provided with the understanding that neither Paydala nor its third-party providers are engaged in rendering accounting, investment, tax, legal, or other professional services. If legal or other professional advice, including financial, is required, the services of a competent professional person should be sought. Paydala and its third-party providers specifically disclaim any liability, loss, or risk that is incurred as a consequence, directly or indirectly, of the use and application of any of the Paydala Platform or content on this site. Further, Paydala and its third-party providers are not responsible for any credit, insurance, employment or investment decisions or any damages or other losses resulting from decisions that arise in any way from the use of the Paydala Platform or any materials or information accessible through it. Past performance does not guarantee future results. Paydala and its third-party providers do not warrant that the Paydala Platform comply with the requirements of the FINRA or those of any other organization anywhere in the world.
- DISCLAIMER OF WARRANTIES. YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) PROVIDED BY PAYDALA, ITS SERVICE PROVIDERS OR OTHERS IN CONNECTION WITH THE SERVICES IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE AND OUR SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL. WE, ON BEHALF OF OURSELVES AND ALL OF OUR THIRD-PARTY DATA AND SERVICE PROVIDERS, EXPRESSLY DISCLAIM ANY TYPE OF REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OR RESPONSE TIME OF THE SERVICE OR CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE OR THAT ACCESS TO THE SERVICES OR ANY INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE AND, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, EXPRESSLY DISCLAIM THE ACCURACY, COMPLETENESS AND CURRENCY OF ALL INFORMATION COLLECTED ON YOUR BEHALF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYDALA OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY. YOU AGREE THAT PAYDALA AND ITS THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXTRAORDINARY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, WINNINGS YOU MIGHT HAVE WON HAD YOU NOT BEEN PREVENTED FROM PLACING A WAGER), INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD-PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION, INCLUDING ANY INCORRECT OR ERRONEOUS INFORMATION PROVIDED AS PART OF THE SERVICES; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE EXTENT WE OR ANY OF OUR SERVICE PROVIDERS ARE HELD TO BE LIABLE TO YOU FOR ANY DAMAGES NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS, YOU EXPRESSLY AGREE THAT OUR AND OUR SERVICE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ANY CLAIM OR DAMAGE ARISING OUT OF THESE TERMS OR THE SERVICES SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE TOTAL AGGREGATE AMOUNT OF $50.00. Some jurisdictions prohibit certain limitations of damages in consumer contracts, so the above limitations may be superseded by law in some jurisdictions.
Our liability to you is expressly conditioned and limited by these Terms. If we do not timely complete a transfer to or from your Account pursuant to these Terms due to our negligence, recklessness or willful misconduct, our liability is limited to completing such transfer to or from your Account within ten (10) days after notice from you to Paydala. We are not otherwise liable. Without limiting the foregoing, we (Paydala and/or Bank) specifically will not be liable to you for any of the following events:
- If, through no fault of ours, you do not have enough available funds in your Account to make or complete the transaction.
- If we are prohibited by law from completing the transaction.
- If circumstances beyond our control (such as fire or flood) prevent the transaction.
- If there is a loss or partial loss in any computer systems, systems connectivity, compatibility of systems or other software or hardware malfunction.
- If we believe the transaction is or might be illegal, fraudulent, or unauthorized.
- WAIVER OF JURY TRIAL AND CLASS ACTION. To the extent permitted by applicable law, you agree that, with respect to any dispute with us or our service providers arising out of or relating to your use of the Paydala Platform or these Terms: (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and (ii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH A DISPUTE.
- Applicable Laws. These Terms are governed by the laws of the state of Arizona, excluding conflicts of laws rules. We provide and control the Paydala Platform from our offices in the U.S.A. We make no representation that our Paydala Platform are legal, appropriate or available for use in other locations, and your access to or use of them from territories where the Paydala Platform or their purpose is illegal (e.g., where gambling is illegal) is prohibited.
- Choice of Jurisdiction; Attorneys’ Fees. You consent to the exclusive jurisdiction and venue of federal or state courts in Phoenix, Arizona in all disputes arising out of or relating to these Terms or our Paydala Platform. The prevailing party in any action, claim or lawsuit brought pursuant to these Terms is entitled to payment of all attorneys’ fees and costs expended by such prevailing party in association with such action, claim or lawsuit.
- Export Restrictions. You acknowledge that the Paydala Platform and any software underlying such Paydala Platform are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export such software or Paydala Platform, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user or other person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user or other person or entity who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Paydala Platform may include technical data subject to export and re-export restrictions imposed by U.S. law.
- Trademarks. Paydala’s name and its trademarks, service marks and logos are either registered or unregistered trademarks of Paydala. The names and marks of any third parties on our website are the property of their respective owners and may also be trademarks. Our trademarks may be used publicly only with our prior written permission.
- Force Majeure. Paydala will not incur any liability to you or to any other party on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Paydala. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions.
- Other Terms. Your Paydala account is personal to you. You may not assign these Terms. Any determination that any provision of these Terms is unenforceable or invalid shall not render any other provision of these Terms unenforceable or invalid. Any rights not expressly granted herein are reserved by Paydala. Unless otherwise specified herein, these Terms constitute the entire agreement between you and us with respect to the Paydala Platform. These Terms supersede any other prior or contemporaneous communications and understandings, whether electronic, oral or written, between you and us with respect to the Paydala Platform. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. We are not responsible or liable for any delays or failure to perform that are caused by any acts of nature, riots, war, fires, epidemics, or any other causes beyond our reasonable control.
last updated September, 2023