Updated November 26, 2019
This Services Agreement outlines how you use and access Qualpay's technology. It is a legal agreement between Qualpay, Inc. ("Qualpay") and you, the entity or person who has accessed Qualpay's website, or registered to receive payment processing, platform, data, technology, or other services ("Services"). This Services Agreement describes the terms and conditions which apply to the use of those services. The Services Agreement is not intended to replace or supercede the Merchant Card Processing Agreement.
If there are conflicts between this Services Agreement and the Merchant Card Processing Agreement, the Merchant Card Processing Agreement will control.You may only use Qualpay's Services if you agree to abide by all of the terms and conditions of this Services Agreement. Please also visit Qualpay's Privacy Policy which can be found at: https://www.qualpay.com/privacy. If you have any questions please contact us at support@qualpay.com.
Qualpay provides a Processing Platform to access the Services. The Qualpay Processing Platform includes merchant and partner web portals and APIs. You must use the API as described in the Developer Center, found at qualpay.com/developer. You may only use the API as indicated in the instructions and knowledgebase found on our website. You may not use the API for any purpose, function, or feature not described in our documentation or otherwise communicated on our website or by other means. The API and related documentation may be updated at any time. API Keys are provided during testing and must be kept secure. API Keys are not to be published or shared with any unauthorized persons.
Qualpay exclusively owns all rights, title, and interests in its trademarks, service marks, logos, designs, copyrights, patents, trade secrets, rights of publicity, and any other intellectual property contained in the API, Services, Processing Platform, websites, and documentation (the "Qualpay IP"). All rights not expressly granted to you are reserved by Qualpay. You may not claim to own Qualpay's IP or sublicense any of your rights to use Qualpay's IP.
Qualpay grants you a nonexclusive and nontransferable license to electronically access the Services and Qualpay's IP as described in this Services Agreement. Qualpay may revoke this license at any time if you violate this agreement.
Qualpay offers its Services and integrations with third-party applications for the benefit of its customers. These services may change at any time, and functionality is not guaranteed. At any time, Qualpay may discontinue certain Services or integrations. Qualpay is not responsible for errors, acts, or failure to act by others, including but not limited to, agents, third party suppliers of software, equipment or services; or, banks, communication common carriers, data processors or clearinghouses through which transactions may be passed, originated and/or authorized. Qualpay will not be responsible for any loss, liability or delay caused by fires, earthquakes, war, civil disturbances, power surges or failures, acts of governments, acts of terrorism, labor disputes, failures in communication networks, legal constraints or other events beyond the reasonable control of Qualpay.
IN NO EVENT SHALL QUALPAY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR FOR ANY INTERRUPTION OR LOSS OF USE, DATA, BUSINESS OR PROFITS, WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE OR QUALPAY WAS ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF WHETHER ANY LIMITED REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
QUALPAY SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QUALPAY DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‐FREE.
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