Acceptable Use Policy
Terms Of Service
This User Agreement is a legal agreement between you and PayStudio Inc. (“PayStudio”) and governs your access and use of the website, services and mobile applications (collectively the “Services”) offered by PayStudio.
Your access or use of the Services signifies that you have read, understand and agree to be bound by the terms of this User Agreement (the “Agreement”). By accessing or using the Services you also represent that you have the legal authority to accept this Agreement on behalf of yourself and any party you represent in connection with your use of the Services.
If you do not agree to these terms, you are not authorized to use the Services.
2. Use of Services
You may only use the Services in accordance with this Agreement. By using the Services you agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on the website, (b) maintain the confidentiality and security of your password(s), account information, and identification, (c) maintain and promptly update your registration information and any other information you provide to PayStudio, and to keep it accurate and complete to, among other things, allow us to contact you, (d) provide at your cost all equipment, software and internet access necessary to use the Services, (e) comply with the Acceptable Use Policy, incorporated by reference into this Agreement, and (f) be fully responsible for all use of your account and for any actions that take place using your account and immediately notify PayStudio of any breach of your account. It is your responsibility to ensure that PayStudio has up-to-date contact information for you. You may not set up an account on behalf of another individual or entity unless you are authorized to do so.
3. No Membership
You and PayStudio agree that no joint venture, partnership, employment, or agency relationship exists between you and PayStudio as a result of this Agreement, any additional terms, or your use of any of the Services.
4. Purchases From Apple
Purchases of PayStudio applications and services from Apple are governed by the terms and conditions provided to you by Apple, including but not limited to Cancelation, Refund, Tax and Payment Policies. Additionally, PayStudio applications and services purchased through Apple are licensed under the Apple Licensed Application End User License Agreement (EULA).
5. Contacting PayStudio Support
PayStudio Support can be reached by email, Monday through Friday, 9AM to 5PM EST, at info AT paystudios.com excluding holidays. Holidays include New Year’s Day (January 1), Family Day (the third Monday in February), Good Friday (the Friday immediately before Easter Monday), Victoria Day (the third Monday in May), Canada Day (July 1), Civic Holiday (the first Monday in August), Labor Day (the first Monday in September), Thanksgiving Day (the second Monday in October), Christmas Day (December 25) and Boxing Day (December 26).
6. Services Availability
PayStudio reserves the right to modify or discontinue the Services at any time and without notice to you. PayStudio disclaims any and all liability to users and third parties in the event PayStudio exercises its right to modify or discontinue the Services.
7. Locations and Services
PayStudio is a Canadian corporation with a business office in Toronto Ontario, Canada. PayStudio makes no representations that the Services are appropriate or available for use in other locations. If you are accessing or using the Services from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Services may contain or provide links to websites located outside of Canada.
PayStudio does not guarantee continuous, uninterrupted or secure access to its Services, and the operation of the Services may be interfered with by numerous factors outside or within PayStudio’s control. You acknowledge that it is in the best interests of both you and PayStudio, for PayStudio to maintain a secure and stable environment; to that end, PayStudio reserves the right to change the method of access or to introduce enhancements to the Service at any time. You also agree that, in the event of degradation or instability of PayStudio’s system or an emergency, PayStudio may, in its sole discretion, temporarily suspend your access to or ability to use the Service in order to counteract security threats or to protect the operational stability and security of the PayStudio Services.
9. Notices To You
You agree that PayStudio may provide you communications about your account and Services electronically, including but not limited to email. Any electronic communications will be considered to be received by you within 24 hours after the time we post it to our website or email it to you.
10. Notices To PayStudio
Except as otherwise stated, notice to PayStudio must be sent by mail.
11. Term and Termination
This Agreement and any applicable additional terms take effect on the date that you either (i) accept the terms of this Agreement or (ii) access and use the Services, whichever is sooner.
Your PayStudio account and use of the Services may be terminated by you or by PayStudio at any time and for any reason whatsoever. PayStudio reserves the right to delete and purge any account and associated information following a termination of Services. You may also request the deletion of your account and profile by contacting PayStudio Support. PayStudio will not be liable to you or to any third party should it exercise such rights. You will remain liable for all amounts due under your account up to including the date of termination.
13. Changes to the Terms
PayStudio reserves the right to amend the Agreement at any time, at our sole discretion, by posting a revised version to the website. It is your responsibility to check periodically for any changes to the Agreement. Your continued use of the Services after any changes to the Agreement or any applicable additional terms means you accept the changes.
15. Entire Agreement
You have requested and agree that this Agreement and all documents be drawn up in English. Vous ont exigé et vous etes d’accord que cette entente et tous autres documents soient rédigés en anglais.
17. Third Party Websites, Content and Links
The Services may contain links to websites not controlled by PayStudio (“Third Party Websites”), as well as content belonging to or originating from persons or organizations other than PayStudio (“Third Party Content”). You acknowledge that PayStudio is not responsible or liable for any Third Party Websites or any Third Party Content. You further acknowledge that PayStudio has not sponsored or otherwise endorsed Third Party Websites or Third Party Content and makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
All right, title and interest in and to the PayStudio Services and the technology related to the PayStudio Services is the exclusive property of PayStudio.
You agree, to the extent permitted by law, to indemnify, defend and hold harmless PayStudio, its directors, officers, employees, affiliates, agents, contractors, and licensors from any and all losses, liabilities, expenses, damages and costs (including legal fees), arising or resulting from your use of the Services and any violation of this Agreement. If you cause a technical disruption of the Services or the systems providing the Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
20. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND ‚”AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PAYSTUDIO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PAYSTUDIO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PAYSTUDIO OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
21. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PAYSTUDIO BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PAYSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You may not transfer or assign any rights or obligations you have under the Agreement. PayStudio reserves the right to transfer or assign the Agreement or any right or obligation under the Agreement at any time without notice to you.
If any provision of this Agreement and any applicable additional terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
The laws of the Province of Ontario, Canada govern this Agreement, any applicable additional terms and your use of the Services, and you irrevocably consent to the jurisdiction of the courts located in the City of Toronto for any action that may arise between you and PayStudio. PayStudio’s Services have been designed to comply with the laws of the Province of Ontario. If the Services are contrary to your local laws they are not intended for your use and we ask you not to use the Services. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
PayStudio Inc. may change this Agreement from time to time by updating this page. You should check this page periodically to ensure you are happy with the changes.
This Agreement is effective as of May 2018.