1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (or your organization) and PaymentHooks, Inc. (“PaymentHooks,” “we,” “our,” or “us”) governing your access to and use of the PaymentHooks payment orchestration platform and all related services, APIs, software, and documentation (collectively, the “Services”).
By creating an account, accessing, or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
PaymentHooks provides a payment orchestration platform that enables merchants to route, process, and manage payments across multiple payment gateways and service providers. Our Services include:
- Multi-gateway payment routing and failover
- Transaction processing and reconciliation
- Subscription and recurring billing management
- Webhook delivery and event management
- Analytics, reporting, and business intelligence
- Developer tools, APIs, and SDKs
- Customer and tenant management
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will provide reasonable notice (typically 30 days) for material changes that affect your use of the Services.
3. Account Registration
3.1 Account Creation
To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for safeguarding your API keys, credentials, and access tokens. You agree not to disclose your credentials to unauthorized parties and to notify us immediately of any unauthorized use or breach of security.
3.3 Age Restriction
You must be at least 18 years old to use our Services. By creating an account, you represent and warrant that you meet this age requirement.
4. Acceptable Use
4.1 Permitted Use
You may use the Services solely for the purpose of processing legitimate payment transactions for your business, in compliance with these Terms and all applicable laws and regulations.
4.2 Prohibited Activities
You agree not to:
- Use the Services for illegal or fraudulent transactions
- Process payments for prohibited businesses (e.g., illegal gambling, unlicensed pharmaceuticals)
- Reverse engineer, decompile, or disassemble any portion of the Services
- Access the Services to build a competitive product or service
- Exceed rate limits or attempt to disrupt the platform's operation
- Circumvent or attempt to circumvent security measures
- Use the Services in violation of any third-party rights or applicable law
5. Fees & Payment
5.1 Subscription Fees
Fees for the Services are as stated on our pricing page or in your order form. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms.
5.2 Payment Gateway Fees
Payment gateway providers (e.g., Stripe, Adyen) charge their own processing fees, which are separate from PaymentHooks subscription fees. These fees are determined by the respective gateway providers and are subject to their terms and conditions.
5.3 Late Payment
If payment is not received by the due date, we reserve the right to suspend your account after 14 days of overdue payment. Accounts suspended for non-payment may be subject to reactivation fees.
5.4 Taxes
Fees are exclusive of applicable taxes. You are responsible for paying all taxes, duties, and governmental assessments associated with your use of the Services, excluding taxes on our net income.
6. Intellectual Property
6.1 PaymentHooks IP
The Services, including all software, APIs, documentation, trademarks, and branding, are owned by PaymentHooks, Inc. and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Services during the term of your subscription.
6.2 Your Data
You retain all rights and ownership of your data, including transaction data, customer information, and analytics. We process this data solely to provide the Services in accordance with our Privacy Policy.
6.3 Feedback
Any feedback, suggestions, or feature requests you provide may be used by us without restriction or compensation to you.
7. Limitation of Liability
7.1 Warranty Disclaimer
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYMENTHOOKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 Cap on Liability
OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
8. Termination
8.1 Termination by You
You may terminate your account at any time by following the cancellation process in the dashboard or by contacting support. Termination is effective at the end of your current billing period.
8.2 Termination by PaymentHooks
We may suspend or terminate your access to the Services immediately if:
- You breach these Terms or our Acceptable Use Policy
- We are required to do so by law or a third party
- Your conduct poses a security risk or legal exposure
8.3 Effect of Termination
Upon termination, your right to access the Services will cease. We will make your data available for export for 30 days following termination, after which it will be deleted in accordance with our data retention policy.
9. Dispute Resolution
9.1 Informal Resolution
Before filing a formal claim, both parties agree to attempt to resolve any dispute informally by contacting us at [email protected]. We commit to responding within 14 business days.
9.2 Binding Arbitration
If informal resolution fails, any dispute arising out of these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California.
9.3 Governing Law
These Terms are governed by the laws of the State of California, excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
10. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and PaymentHooks regarding the Services.
- Severability: If any provision is found unenforceable, the remaining provisions will remain in full effect.
- Waiver: Failure to enforce any right under these Terms does not constitute a waiver.
- Assignment: You may not assign these Terms without our prior written consent.
- Force Majeure: We are not liable for delays caused by events beyond our reasonable control.
- Notices: All notices shall be sent to the email address associated with your account.