ApexPay Solutions - Terms and Conditions

Welcome to ApexPay Solutions. These Terms and Conditions ("Terms") govern your access to and use of our financial technology services, including payment processing, merchant accounts, fraud prevention, recurring billing, online invoicing, secure payment gateways, point-of-sale (POS) integration, and B2B payment solutions (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

1. Acceptance of Terms

By establishing an account, or by using or accessing any part of our Services, you signify your irrevocable acceptance of these Terms. These Terms constitute a binding legal agreement between you and ApexPay Solutions.

2. Description of Services

ApexPay Solutions provides a comprehensive suite of FinTech services designed for businesses. Our Services include, but are not limited to:

3. Eligibility

To use our Services, you must be a business entity, legally organized, and in good standing under the laws of the jurisdiction in which you are established. You must be at least 18 years old or the age of legal majority in your jurisdiction. By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Your Account

You may be required to register for an account to access certain Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account password and are solely responsible for all activities that occur under your account. You agree to notify ApexPay Solutions immediately of any unauthorized use of your account.

5. Fees and Payments

You agree to pay all fees associated with your use of our Services as outlined in your service agreement or as otherwise communicated to you. Fees are subject to change upon prior notice. All payments are non-refundable unless otherwise expressly stated in writing by ApexPay Solutions.

6. Prohibited Activities

You agree not to use our Services for any unlawful purpose or in any way that could harm ApexPay Solutions, its customers, or any other third party. Prohibited activities include, but are not limited to:

7. Intellectual Property

All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and trademarks, are the exclusive property of ApexPay Solutions and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your internal business purposes.

8. Confidentiality

You acknowledge that in the course of using our Services, you may obtain information relating to ApexPay Solutions and its Services that is confidential and proprietary. You agree to maintain the confidentiality of all such information and not to disclose it to any third party or use it for any purpose other than as necessary to use the Services.

9. Data Privacy and Security

ApexPay Solutions is committed to protecting your data. Our collection, use, and disclosure of personal and business information are governed by our Privacy Policy, which is incorporated into these Terms by reference. We employ industry-standard security measures to protect data transmitted through our Services.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. APEXPAY SOLUTIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

IN NO EVENT SHALL APEXPAY SOLUTIONS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

12. Indemnification

You agree to defend, indemnify, and hold harmless ApexPay Solutions and its licensees 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, by you or any person using your account and password; b) a breach of these Terms; or c) your violation of any laws or regulations.

13. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Services will immediately cease.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

15. Changes to 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. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms.

16. Contact Us

If you have any questions about these Terms, please contact us at:

ApexPay Solutions

1000 Brickell Avenue, Suite 800

Miami, Florida, 33131

USA

Phone: +1-305-555-0188