Terms & Conditions

Last updated: March 06, 2024

By using the Service, You agree to these Terms & Conditions.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms & Conditions:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to AltruPay LLC, 1000 Ballpark Way, Suite 310, Arlington, TX 76011.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Texas, United States
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website, and the submission and collection of data through the website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to AltruPay, accessible from https://www.altrupay.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Privacy Policy

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with Our Privacy Policy.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

About This Service

The service allows you to apply for third party provisioned payment related products and services. www.AltruPay.com does not directly provision products or services itself.

Registration: Rules for User Conduct and Use of the Service

You need to be at least 18 years old in order to use the Service. If you are a user who submits Personalized Information through the service, The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Personalized Information by Third-Parties.

Use Restrictions

Your permission to use the Site and Services is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:

• Use the Service for any unlawful purpose or for the promotion of illegal activities;
• Use another’s Personal Information;
• Provide false or inaccurate information when applying for Services;
• Interfere or attempt to interfere with the proper functioning of the Service;
• Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Service;
• Upload or attempt to upload to the Service any malicious content intended to damage or disrupt another user’s browser or computer.

Posting and Conduct Restrictions

When you apply for Services you will provide Personal Information. You are solely responsible for the Personal Information that you submit or otherwise make available via the Service. You agree that we are only acting as a conduit for your Personal Information which is being supplied to a third-party(s) upon your submission. We, however, reserve the right to remove any Personal Information or applications from the Service at our discretion.

Online Content Disclaimer

Opinions, advice, recommendations, statements, offers or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any Personal Information that you or any other user or third party sends over the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to third-parties.

Although we strive to enforce these Terms of Use, you may be exposed to content that is inaccurate or objectionable. The Company shall have the right to remove any material that in its sole opinion, violates, or is alleged to violate, the law or this agreement or which might be offensive or that might violate the rights, harm or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us.

Services Provided to Others

The Company is an authorized sales office which markets payment related products and services on behalf of the credit card processor(s), payment gateway provider(s), equipment providers, chargeback management solutions providers, and other payment product and services providers. The Company will use commercially reasonable effort to facilitate the application process for these products and services. You acknowledge that these products and services are performed, managed and delivered by third-parties over whom the Company exercises no control, and therefore you agree to look exclusively to those third-parties and your agreements with those third-parties for resolution and remedy for any issues. On behalf of the credit card processor(s) specifically, the Company’s role and responsibility is limited to facilitating the application and application submission process. The Company’s responsibilities and scope do not extend into the underwriting, risk analysis, or provision of debit and credit card processing services, which is solely conducted and determined by the credit card processor(s) through whom you apply for merchant services.

Links to Other Sites And / Or Materials

As part of the Service, the Company may provide you with convenient links to third party websites (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content. Such Third Party Sites or Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use of installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site which you navigate from the Site to, or relating to any applications you use or install from the Site.

Warranty Disclaimer

THE SERVICE, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND / OR USE OF FULES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MOREOVER, YOU ACKNOWLEDGE THAT WE HAVE PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY EQUIPMENT, SOFTWARE OR SERVICES THAT THE COMPANY MARKETS AND THAT THE COMPANY HAS NO LIABILITY WITH RESPECT TO ANY EQUIPMENT, SOFTWARE OR SERVICES. THE USER AGREES TO EXCLUSIVELY LOOK TO THE THIRD-PARTY PROVIDER OF SUCH EQUIPMENT, SOFTWARE OR SERVICES FOR REMEDY. IF THERE ARE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM OUR PERFORMANCE OR ANY FAILURE TO PERFORM, OUR LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS, IF COMMERCIALLY REASONABLE.

Limitations of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE OR DATA OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR THE INABILITY TO USE THE SERVICE; (C) THE SERVICE GEENRALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

If you have a dispute with a third-party service provider that you were referred to, or to whom your application was submitted through use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code subsection 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes to these Terms & Conditions

We may update Our Terms & Conditions from time to time. We will notify You of any changes by posting the new Terms & Conditions on this page.

You are advised to review these Terms & Conditions periodically for any changes. Changes to these Terms & Conditions are effective when they are posted on this page.

Contact Us

If you have any questions about these Terms & Conditions, You can contact us:

• By email: hello@altrupay.com