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Last updated May 2024

This Terms of Service forms a legal agreement between you ("Payer") and Confido Inc., doing business as Confido Legal (“Confido Legal”, “Company”, “we” and “us”) and governs your access to and use of the Service and the Sites (as defined below) as a payer for goods or services provided by a Payee that has entered into an agreement with us for the provision of payment processing services. Please review this entire Terms of Service before you decide whether to accept it and continue with the payment process.

BY CLICKING ON THE "COMPLETE PAYMENT" BUTTON ON THE PAYMENT PAGE, THE "SUBSCRIBE" BUTTON ON THE SUBSCRIPTION PAGE, OR THE "STORE PAYMENT METHOD" ON THE STORE PAYMENT METHOD PAGE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.

Definitions

The following defined terms appear in this Terms of Service.

  • "You", "you" or "Payer": A person that uses the Service to pay for a Product offered or provided by the Payee.
  • “Applicable law” means all duly promulgated applicable federal, state and local laws, regulations, rules, ordinances, codes, decrees, judgments, directives, or judicial or administrative orders, permits and other duly authorized actions of any governmental or quasi-governmental authority including, for the avoidance of doubt, the participation/core rules set forth by card associations and NACHA Operating Rules & Guidelines (as amended from time to time).
  • Payee: A person that uses the Service to receive payments from a Payer in relation to the sale or offering of the Products.
  • Sites: The websites or payment pages of Confido Legal, or a Confido Legal-affiliate or partner company through which any aspects of the Service are provided.
  • Payment Method: The credit card, debit card or ACH details provided by a Payer for the purpose of facilitating the processing of Payment Transactions.
  • Payment Transaction: The processing of payment for a Product through the Service that results in the charging of the Purchase Amount to a Payment Method provided by the Payer and the crediting of the Purchase Amount (less applicable charges) to a Payee.
  • Person: shall for the purpose of this Terms of Service refer to either an individual or a company or other business entity.
  • Product: Any merchandise, good or service that is listed for sale or provided by a Payee and in relation to which the Payee is contractually entitled to receive payments using the Service.
  • Purchase Amount: The monetary value of a Payment Transaction (as determined by the Payee) in any currency acceptable by Confido Legal for the purpose of paying for a Product, and any related fees, taxes or charges, as applicable.
  • Service: The processing and/or the facilitation of the processing of a Payment Transaction by Confido Legal on behalf of a Payee in the manner described herein using its payments products and/or solutions.
Service Eligibility Requirements

To use the Service, you must:

  • accurately complete all required information elements on the Sites or related webpages connected to the Service;
  • provide a valid Payment Method with sufficient balance or facility to accommodate or settle the Purchase Amount; and
  • represent and warrant that the statements below are true and correct as of each date on which you access the Service.

By agreeing to this Terms of Service:

  • You represent and warrant that you are:
    • 18 years old or older;
    • capable of entering into a legally binding agreement both with Confido Legal and Payees; and
    • the owner or a duly authorized user of the Payment Method.
  • If you are acting on behalf of a business entity, you also represent and warrant that:
    • the business entity is duly authorized to do business in the country or countries where you operate; and
    • you are duly authorized to access the Service and to legally bind the business entity to these Terms of Service and all transactions conducted using your Payment Method.

We, in our sole and absolute discretion, may refuse to approve a Payment Transaction with or without cause or notice, other than any notice required by any applicable law, and not waived herein.

The Service
Payment Processing

As a part of the provision of the Service we will store information such as your Payment Methods and other relevant Payment Transaction details required to facilitate the Payment Transaction on your behalf. We will also process Payment Transactions on your behalf through the most appropriate means applicable to your Payment Method. We may at our absolute discretion or based on a valid third party or governmental request delay or cancel payment processing of transactions deemed high risk or suspicious or transactions which may involve fraud, misconduct, or violate an applicable law, this Terms of Service, or other applicable Confido Legal policies. You hereby authorize all charges or debits to your Payment Method as necessary to complete the processing of a Payment Transaction. You hereby also authorize the credit of monies to your Payment Method in connection with any reversals, refunds, or adjustments through the Service.

In the absence of manifest indications by Confido Legal to the contrary, you acknowledge and agree that your purchases of Products are transactions between you and the Payee, and not with Confido Legal, nor any of Confido Legal's affiliates. Confido Legal is not a party to your purchase of Products, and Confido Legal, nor other Confido Legal affiliates are not a Payer or a Payee in connection with any Payment Transaction.

Recurring Transactions

Subject to the terms of any engagement/retainer letter or client agreement between you and the Payee, your recurring transaction will be activated (although your Payment Method may not be charged until the beginning of the specified recurring payment cycle) when you click "Complete Payment", “Store Payment Method” or “Subscribe” on a subscription, recurring purchase, installment payment in relation to a Product or any other payment or repayment plan agreed with the Payee (the “Recurring Transactions”). Your Recurring Transaction and the relevant billing authorization will continue in accordance with the instructions received from the Payee and authorized by you when you clicked on "Complete Payment", “Store Payment Method” or “Subscribe”. The Payee may change the Purchase Amount or billing frequency during the subscription period.

To cancel a Recurring Transaction please contact the Payee. In the event of the successful cancellation of your Recurring Transaction by the Payee the cancellation may not become effective until the end of the current billing period. You will not receive a refund for the current billing period, unless otherwise approved and initiated by the Payee.

Permissible Payment Transactions

You may only use the Service to process a Payment Transaction in connection with a legitimate purpose/transaction with the Payee. You shall not use the Service:

  • as a peer-to-peer payment service;
  • to process a Payment Transaction that is unrelated to a purchase of a Product; or
  • in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.

You agree that the Service will not be used in the processing of Payment Transactions that violate this Terms of Service, other policies or rules applicable to the Service, or applicable law. We reserve the right to restrict, suspend or deny you access to the Service in the event that you violate the terms contained in this Terms of Service or other applicable law.

Limitations on the Use of Service

We may create or implement partial or total limits or restrictions in relation to your use of the Service or any features of the Service without notice and without liability, including without limitation individual or aggregate transaction limits on the value or number of Payment Transactions that can be processed during any specified time period(s). We reserve all rights to cancel, suspend, change or discontinue any aspect or feature of the Service at any time without notice and without liability. We may decline to process any Payment Transaction without prior notice to Payer or Payee.

We provide no warranties about the Service or that the functions or features that make up the Service will be uninterrupted or error free. We will not bear responsibility for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service) including any direct or indirect losses arising therefrom.

We may, without notice, limit or suspend your use of the Service at any time, in our sole and absolute discretion. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Terms of Service arising before or after such suspension.

Privacy

You understand and agree that personal information provided to us in connection with the Service is subject to Confido Legal's Privacy Policy.

Use of Electronic Communications

We may communicate with you regarding the Service by means of electronic communications, including:

  • sending electronic mail to the email address you provided during a Payment Transaction; or
  • posting notices or communications on a Site.

You agree that we may communicate with you by means of electronic communications for the purposes of this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.

Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of a Payment Transaction, or when we post the electronic communication on a Site.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications:

  • you may contact us through the Service email or the contact page to request another electronic copy of the electronic communication without a fee;
  • you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy;
  • you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and
  • we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
Service Fees

Confido Legal does not charge a fee for the use of the Service by the Payer. The financial institution that issued your Payment Method or a Payee may however charge a fee or surcharge in connection with the charging of the Payment Method as a result of the Payment Transaction. We recommend that you consult the terms and conditions governing your Payment Method and the terms of your engagement with the Payee, and/or the Payee for more information about any such fees.

Disputes

Confido Legal may but shall not be obliged to provide necessary assistance with resolving disputes that may arise between Payers and Payees with respect to their transaction.

You unequivocally agree to release Confido Legal, and other Confido Legal affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Confido Legal in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Payee, other Payer, advertiser or other third party in connection with the Service. If you attempt to do so,

  • you shall pay all costs and attorneys' fees of Confido Legal, and other Confido Legal affiliates and shall provide full indemnification as set forth below, and
  • the jurisdiction for any such litigation or dispute shall be limited as set forth below.

However, nothing in this Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the card association rules, Payer's card issuer agreement, or any applicable laws.

Refunds

Except as approved by the Payee or as required by applicable law, all Payment Transactions processed through the Service are non-refundable to Payer by Confido Legal and are non-reversible by Payer through the Service. Your eligibility for a refund will be governed by the terms and conditions of your engagement with the Payee. Kindly direct all requests for credits or refunds in relation to a Payment Transaction to the Payee.

Confido Legal Not a Banking Institution

Confido Legal processes Payment Transactions on behalf of Payees. Confido Legal is not a bank or other chartered depository institution therefore it does not issue credit to Payers. All funds held by Confido Legal or its service providers (including any bank service providers) in connection with a Payment Transactions are not insured for the benefit of Payer.

Termination of Service

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation violation of this Terms of Service, applicable law, or other policies we may establish from time to time.

Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. We will have the right to prohibit your access to the Service, including without limitation by refusing future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).

No Endorsement of Products

Confido Legal does not represent or endorse, and shall not be responsible for:

  • the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content") displayed or distributed, purchased or paid through the Service, or the Sites; or
  • the ability of Payers to buy Products or Payees to deliver Products. Confido Legal hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. Confido Legal reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in Confido Legal's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for Payers.
Indemnification

You agree to indemnify, defend and hold Confido Legal, and its subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") harmless from and against any and all claims, demands, causes of action, debt or liability, including attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

  • your use of the Service;
  • any breach or non-compliance by you of any term of this Terms of Service or any of Confido Legal's policies;
  • any dispute or litigation caused by your actions or omissions; or
  • your negligence or violation or alleged violation of any law or rights of a third party.
Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CONFIDO LEGAL, AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, SUPPLIERS, OR OTHER PARTNERS (COLLECTIVELY, "CONFIDO LEGAL PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH CONFIDO LEGAL PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE CONFIDO LEGAL PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE CONFIDO LEGAL PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY CONFIDO LEGAL PARTY BE LIABLE TO PAYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY CONFIDO LEGAL PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE CONFIDO LEGAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CONFIDO LEGAL PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS TERMS OF SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS OR PROVIDERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS TERMS OF SERVICE.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS TERMS OF SERVICE RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Force Majeure

In addition to and without limiting any provisions of section 20 (above), no Confido Legal Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, pandemic, earthquake, fire, flood or other acts of God, labor conditions, power failures and internet disturbances.

Governing Law

This Terms of Service shall be governed by the laws of the State of Washington, and applicable federal United States laws. To the extent permitted by law, each party agrees to submit to personal and exclusive jurisdiction of the courts located in the State of Washington.

Notice

In addition to the electronic communications authorized under this Terms of Service, statements, notices and other communications to Payer may be made by mail, email, postings on the Site or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Sites. Notice to Confido Legal may be made by mail to:

Confido Legal

1037 NE 65th St #81826

Seattle, WA 98115

Modification of Terms of Service for Payers

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

Assignment

These Terms of Service, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms of Service. The terms and conditions set forth in these Terms of Service shall be binding upon assignees.

Survival

Upon termination of your use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: The Service, Privacy, Disputes, Confido Legal Not a Banking Institution through Notice, Copyright/Trademark Information and Other Provisions.

Copyright/Trademark Information

Copyright Confido Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Sites or in relation to the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Other Provisions

The failure of Confido Legal to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for convenience only and have no legal or contractual effect. This Terms of Service constitutes the entire agreement between you and us with respect to the use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than the Payer and Confido Legal, and other Confido Legal affiliates which each shall be a third-party beneficiary of this Terms of Service for Payers, and no other person shall assert any rights as a third party beneficiary hereunder.