Terms of Service
Last updated: July 11, 2025
These Terms of Service ("Terms") govern your access to and use of the Payflux software, services, and website (collectively, the "Services"), provided by Payflux Inc. ("Company", "we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. If you do not agree with these Terms, you may not use the Services.
2. Eligibility and Age Requirement
You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that you are at least 18 years old. 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.
3. User Accounts
To use most features of the Services, you must register for an account. You are responsible for safeguarding your account credentials and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
4. Subscriptions and Billing
Our Services are offered on a subscription basis. Subscriptions are billed in advance on a recurring and periodic basis ("Billing Cycle"). By subscribing, you authorize us to charge your selected payment method for recurring fees through our third-party payment processor, Stripe. You agree to abide by Stripe's terms of service. All fees are non-refundable, except as required by law or as explicitly stated in a separate agreement.
5. Intellectual Property Rights
The Services and all materials therein, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, and copyrights ("Company Content"), are and will remain the exclusive property of Payflux Inc. and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, or create derivative works from any Company Content.
6. Usage Limits and Fair Use
We apply technical and organizational limits to ensure fair access and stable operation of the Payflux platform. These limits may include restrictions on the number of transactions, journal entries, metadata size, ledger count, API request rate, and other usage metrics.
Usage allowances are defined by your selected subscription plan. We reserve the right to bill overages, throttle excessive activity, or suspend accounts that exceed reasonable use thresholds. If you require higher capacity or custom limits, please contact us to discuss a custom agreement.
7. Termination
We may suspend or terminate your access to our Services at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
8. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE UPTIME, AVAILABILITY, OR PERFORMANCE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYFLUX INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
10. Indemnification
You agree to defend, indemnify, and hold harmless Payflux Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. By agreeing to these Terms, you and Payflux Inc. agree to resolve any claim, dispute, or controversy arising out of or in connection with these Terms through binding arbitration. This includes a waiver of the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware, or another mutually agreed location.
Exceptions to Arbitration: Claims for injunctive relief or those that qualify for small claims court are not subject to this arbitration agreement.
30-Day Opt-Out Period: You can choose to reject this arbitration agreement by mailing us a written opt-out notice ("Opt-Out Notice") within 30 days of the date you first agree to these Terms. The Opt-Out Notice must be sent to the contact email provided below and must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.
12. Service Availability
We aim to provide reliable access to our Services but do not guarantee uninterrupted availability. Scheduled maintenance or infrastructure failures may cause temporary downtime. For customers requiring uptime guarantees, a separate service level agreement (SLA) may be arranged.
13. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided via email or by posting the new terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
14. Contact Us
For any questions or concerns regarding these Terms, please contact us at: terms@payflux.io.