These Terms govern your access to and use of the websites, applications, and services provided by PayShore LLC — and the rules of the road for using them.
These Terms of Service (the "Terms") govern your access to and use of the websites, applications, and services provided by PayShore LLC, a Florida limited liability company ("PayShore," "we," "us," or "our"), including https://www.payshore.com and any related services (collectively, the "Services").
By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you are accessing the Services on behalf of an entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.
Relationship to other agreements. If you and PayShore have entered into a separate written agreement governing your use of the Services (such as a Master Services Agreement or Order Form) (a "Negotiated Agreement"), the Negotiated Agreement controls in the event of a conflict with these Terms with respect to the matters addressed in the Negotiated Agreement.
The Services are intended for business use by authorized representatives of mid-market and enterprise companies. By using the Services, you represent that:
Some features require an account. You agree to provide accurate and complete registration information and to update it as needed.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us at security@payshore.com promptly upon learning of any suspected unauthorized access to or use of your account.
Where the Services support multi-factor authentication, you are responsible for enabling and maintaining it for your account, and you agree to follow any account-security requirements communicated by PayShore from time to time.
You will not, and will not permit others to:
We may suspend or terminate access for suspected violations.
PayShore is not a bank, money transmitter, or payment processor. PayShore does not take custody of, hold, or settle funds. The Services interoperate with banks, payment processors, and other financial institutions with which you maintain a direct relationship ("Third-Party Financial Institutions"). Your use of those institutions is governed by your separate agreements with them.
You are responsible for:
Execution, clearing, settlement, and finality of any payment, transfer, or other action carried out through a Third-Party Financial Institution are determined by the Third-Party Financial Institution and its rules, cutoffs, processing windows, and risk decisions. PayShore is not responsible for delays, errors, rejections, returns, reversals, recalls, or denials by Third-Party Financial Institutions.
You retain ownership of the data you submit to the Services ("Your Content"). You grant PayShore a non-exclusive, worldwide, royalty-free license to host, copy, transmit, process, and display Your Content solely as necessary to provide, secure, support, maintain, and operate the Services. You represent that you have the rights and authority necessary to grant this license and that Your Content complies with applicable law.
If you have a paid subscription, fees are as stated in your Order Form or in the Services. Free trials and free tiers (if offered) are subject to the conditions disclosed at signup. Except as required by law or as otherwise stated, fees are non-refundable.
We may make features available on a beta, pilot, preview, or early-access basis ("Beta Features"). Beta Features are provided "AS IS," may change or be discontinued at any time, may not perform as described, and are not subject to any service-level commitments. You may be required to provide feedback in exchange for access to Beta Features.
The Services, including all software, content, design, text, graphics, trademarks, and the PayShore name and logo, are owned by PayShore or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you.
If you provide feedback or suggestions, you grant PayShore a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate it without obligation.
Our Privacy Policy describes how we collect and use personal information in connection with the Services. By using the Services, you acknowledge our Privacy Policy. To the extent we process personal information on behalf of a business customer, our Data Processing Agreement (available on PayShore's website or upon request) governs that processing.
We may suspend or terminate your access to the Services immediately if we reasonably believe:
You may stop using the Services at any time; if you have a Negotiated Agreement, termination is governed by that Negotiated Agreement.
Sections that by their nature should survive termination will survive, including Sections 3 (Acceptable Use), 5 (Your Content, with respect to license rights for deletion and return), 6 (Fees, with respect to amounts owed), 8 (Intellectual Property), 9 (Feedback), 10 (Privacy), 12 (Warranty Disclaimer), 13 (Limitation of Liability), 14 (Indemnification), 15 (Disputes), 16 (Governing Law), and 18 (General).
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. PAYSHORE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAYSHORE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR RELIABLE. PAYSHORE DOES NOT WARRANT THAT ANY PAYMENT, TRANSFER, OR OTHER INSTRUCTION WILL BE EXECUTED, ACCEPTED, SETTLED, OR POSTED ON ANY PARTICULAR DATE OR AT ALL. YOU USE THE SERVICES AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS; THOSE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYSHORE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PAYSHORE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PAYSHORE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IF YOU HAVE A NEGOTIATED AGREEMENT WITH PAYSHORE, ANY LIABILITY CAP IN THAT NEGOTIATED AGREEMENT CONTROLS WITH RESPECT TO MATTERS GOVERNED BY IT.
You will defend, indemnify, and hold harmless PayShore and its affiliates from and against any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from:
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at legal@payshore.com. We will attempt to resolve the dispute within thirty (30) days.
Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PAYSHORE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PROCEEDING TO RESOLVE A DISPUTE BETWEEN YOU AND PAYSHORE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. NEITHER PARTY MAY ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 15, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any action arising out of these Terms, and each party waives any objection to such jurisdiction or venue.
We may update these Terms from time to time. If we make material changes, we will provide notice by updating the "Last Updated" date below or by other reasonable means (such as a notice in the Services). Changes are effective upon posting unless otherwise stated. Your continued use of the Services after changes take effect constitutes acceptance.
These Terms, together with our Privacy Policy and any applicable Negotiated Agreement, are the entire agreement between you and PayShore regarding the Services.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a corporate transaction.
A party's failure to enforce any provision is not a waiver of future enforcement.
If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary.
We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including third-party service or financial-institution outages.
Legal notices to PayShore should be sent to legal@payshore.com, addressed to PayShore LLC, Attn: Legal. We may provide notices to you through the Services, by email, or by posting on our website.
The Services are commercial items as defined in FAR 2.101 and are licensed to U.S. Government end users only as commercial items and with only the rights granted under these Terms.
You will not use or export the Services in violation of U.S. export-control or economic-sanctions laws.
Questions about these Terms may be directed to:
