PayInvoice Terms of Use

Updated August 1, 2024

The Terms of Use (“Agreement”) is a legal document between you and PayInvoice, LLC, governing your use of PayInvoice’s online service for managing and paying invoices (“Service”). Merchants must enroll for the Service in order for you and your customers to use the Service. “PayInvoice,” “we,” “us,” and “our” refer to PayInvoice, LLC and its affiliates, while “you” and “your” refer to the entity using the Service. By using the Service, you agree to be bound by this Agreement. If you disagree, do not use the Service. PayInvoice may reject access or use of its services to any user. New features are subject to this Agreement.

1. Changes to This Agreement

PayInvoice may update or revise this Agreement periodically. The most current version will be dated and posted on our website. Changes become effective upon posting or on a specified later date. If we consider a revision significant, we will notify you via the Service and/or email. If you disagree with any changes or terms, you must cancel and immediately stop using the Service.

2. Use of the Service

(a) You agree to:

  1. Ensure the accuracy, quality, and legality of the information you provide.
  2. Prevent unauthorized access or use and promptly notify us of any such incidents.
  3. Use the Service only according to this Agreement and applicable law.

Keep your credentials secure, as PayInvoice relies on actions taken with them as authorized by you.

(b) You agree not to:

  1. Use the Service for unlawful or prohibited purposes.
  2. Modify, distribute, or sell any information or services from the Service.
  3. Engage in activities that could harm the Service or interfere with others’ use.

You must not use the Service for fraudulent activities, sending unsolicited messages, or transmitting harmful content. Do not abuse, harass, or violate the rights of others.

3. Enrollment

(a) In order for you to use the Service, you must provide us with the information that we require about you and your business. If you choose to use the Service, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being “Business Information”). Business Information and certain other information about you and/or your business are subject to the privacy policy located at https://payinvoice.com/privacy-policy (“Privacy Policy”). You agree and acknowledge that we may access or disclose information about you, including your content, in order to: (a) comply with the law or respond to lawful requests or legal process; or (b) protect the rights or property of PayInvoice or our customers, including the enforcement of our agreements or policies governing your use of the Service. You further agree and acknowledge that Business Information from the enrollment and onboarding process is used to send you information about PayInvoice and the Service. The terms of our Privacy Policy are incorporated by reference and form part of this Agreement.

4. Consent to Electronic Communications And Solicitation

(a) By using the Service, you agree to receive electronic communications from us, including: (i) notices about your use of the Service, (ii) updates, and (iii) promotional information about PayInvoice’s products and services via email. You can opt-out of promotional emails by using unsubscribe hyperlinks provided with promotional emails or emailing your relationship manager.

5. Third Party Content

To the extent that the Service contains content and information from third party providers and/or links to their websites (“Third Party Content”), such content is not under the control of PayInvoice and PayInvoice is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. PayInvoice is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by PayInvoice of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. PayInvoice does reserve the right to remove content that, in PayInvoice’s judgment, does not meet its standards, but PayInvoice is not responsible for any failure or delay in removing such material. PayInvoice is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release PayInvoice (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6. Intellectual Property

“PayInvoice”, “Maddy”, and all related logos, marks, and trade names are trademarks or registered trademarks of PayInvoice and its affiliates. The Service, software, source code, and all content (excluding your data) are the exclusive property of PayInvoice and are protected by U.S. and international copyright and intellectual property laws. You may not sell, rent, lease, copy, alter, reproduce, redistribute, reverse engineer, modify, decompile, or create derivative works from the Service or its content. We reserve all rights not expressly granted. Unauthorized reproduction, modification, or redistribution may result in severe penalties. The software’s structure, sequence, organization, and source code are trade secrets of PayInvoice. You agree not to use PayInvoice’s trademarks without prior permission.

7. Desktop Installed Programs

Usage: By downloading and installing PayInvoices’s desktop programs, you agree to comply with all applicable terms and conditions.

Responsibilities: Users are responsible for maintaining the security and integrity of their devices.

Limitations: PayInvoice is not liable for any issues arising from the use of desktop-installed programs.

 

8. ACH Reject Fees

Effective September 1st, 2024, users agree to a $15 fee per event for all ACH reject events incurred when using ACH services provided by PayInvoice or its subsidiaries or affiliates. An ACH reject occurs when ACH debits initiated by the business or their customers are rejected for reasons such as non-sufficient funds, incorrect bank routing or account information, or lack of permission to debit a bank account.

9. License Grants

(a) PayInvoice grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service within the United States while this Agreement is in effect. Your use must comply with this Agreement and any provided implementation requirements. This license can be revoked upon termination or discontinuation of the Service. Additionally:

(b)  By providing your Business Information, you grant PayInvoice and its affiliates a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license, while the Agreement is in effect, to use, transmit, display, publish, reproduce, distribute, modify, and create derivative works from your Business Information solely to the extent necessary to provide the Service.

10.Limitation of Liability and Disclaimer of Warranties

(a) PayInvoice’s total liability to you or any third party arising out of or related to this agreement shall not exceed $250.00 or three months of collected PayInvoice fees, whichever is less, regardless of the basis of the claim (warranty, contract, tort, etc.).

(b) PayInvoice shall not be liable for any consequential, indirect, special, incidental, reliance, or exemplary damages, whether foreseeable or unforeseeable, arising out of or related to this agreement or the service. This includes, but is not limited to, damages for loss of data, goodwill, profits, investments, use of money or facilities, data availability, work stoppages, or labor claims, even if advised of such damages.

11.  Indemnification

You agree to indemnify, defend, and hold harmless PayInvoice, its employees, members, directors, managers, officers, or agents from any loss, liability, damage, penalty, or expense (including attorneys’ fees, expert witness fees, and defense costs) arising from: (a) Claims related to AutoPay reimbursements if you haven’t opted out, (b) Non-compliance with this Agreement by you or your representatives, (c) False or misleading warranties or representations made by you, (d) Unauthorized warranties or representations made by you or your representatives, (e) Negligence by you or your representatives, (f) Violations of payment card rules, laws, regulations, or rules by you or your representatives.

12. Modification or Discontinuance of Service

PayInvoice reserves the right to modify or discontinue the Service, in whole or in part, at any time and for any duration, with or without notice. You agree that PayInvoice shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

13. Cancellation of Service

(a) You may cancel your use of the Service at any time. Your cancellation does not affect any payments in progress or your obligation to pay outstanding invoices.

(b) Your right to cancel the Service is your sole remedy if you object to:

  1. Any term of this Agreement or its enforcement,
  2. Any policy or practice of PayInvoice, including the Privacy Policy,
  3. The content available through the Service or changes to it,
  4. The fees, surcharges, applicable taxes, billing methods, or any changes to these.

14. Remedies

Unless stated otherwise in Section 13, the rights, remedies, and powers granted to a party under this Agreement are cumulative. They are supplemental and not exclusive or a replacement for any other rights, remedies, and powers that party may have.