Last updated November 27, 2025
Agreement To Our Legal Terms
We are LINKFLUENCER ('Company', 'we', 'us', or 'our'), a company registered in France at 21 rue du 18 Juin 1940 , MAISONS-ALFORT 94700.
We operate the website https://linkfluencer.io/ (the 'Site'), the mobile application linkfluencer.io (the 'App'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').
Linkfluencer is the app that pays you for the influence you already have. Create SmartLinks that opens directly in native apps to boost clicks, then shop partner brands, post your purchase, tag the brand, and earn instant cashback.
You can contact us by email at contact@linkfluencer.com or by mail to 21 rue du 18 Juin 1940, MAISONS-ALFORT 94700, France.
The payment services made available through the App are provided exclusively by ConnectPay UAB (Entity's Registration Number: 304696889), a licensed Electronic Money Institution, authorised and regulated by the Bank of Lithuania (License No. 24, issued on 16 January 2018). As Linkfluencer does not operate as a regulated financial services provider and assumes no regulatory responsibility for these services. The terms and conditions governing Your use of the payment services are set out separately in Annex 1 of these Terms & Conditions.
Annex 1 forms an integral part of these Terms & Conditions and contains the full Payment Services Terms & Conditions of ConnectPay UAB. By using the payment services on the Site, You acknowledge and agree to be bound by the terms set out in Annex 1 in addition to the provisions of the main Terms & Conditions.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and LINKFLUENCER, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updated' date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Table Of Contents
Our Services
Intellectual Property Rights
User Representations
User Registration
Purchases And Payment
SUBSCRIPTIONS
Prohibited Activities
User Generated Contributions
Contribution Licence
Mobile Application Licence
Social Media
ADVERTISERS
Services Management
Privacy Policy
Copyright Infringements
Term And Termination
Modifications And Interruptions
Governing Law
Dispute Resolution
CORRECTIONS
DISCLAIMER
Limitations Of Liability
INDEMNIFICATION
User Data
Electronic Communications, Transactions, And Signatures
MISCELLANEOUS
Contact Us
Our Services
LINKFLUENCER provides an online platform accessible via the website https://linkfluencer.io and its mobile application (the “Platform”), allowing registered users (the “Users”) to:
create SmartLinks that automatically redirect audiences to partner brands’ native apps to optimise traffic and conversions;
purchase products or services from partner brands through these SmartLinks and, where applicable, earn cashback according to the conditions set out in these Legal Terms; and
track their activity, earnings and performance via their personal account.
The Platform is open exclusively to “Social Media Users” or “Influencers”, meaning any individual who:
owns one or more accounts on partner social networks,
has at least 1,000 genuine followers, and
is registered on the Platform and participates in a Campaign by posting eligible content or making a purchase that qualifies for cashback.
The Services are made available for Users located in France and may also be accessed by Users located abroad. However, the Services are not intended for use in any jurisdiction or by any person where such access or use would be contrary to local laws or regulations, or would require LINKFLUENCER to meet additional registration or compliance obligations in that jurisdiction. Users who choose to access the Services from outside France do so under their own responsibility and must ensure compliance with the laws of their country of residence, to the extent that such laws are applicable.
LINKFLUENCER acts solely as the provider of a technical platform enabling interactions between Users and partner brands. Purchases made through SmartLinks are concluded directly between the User and the relevant partner brand. LINKFLUENCER is neither the seller nor the agent of the partner brands and cannot be held liable for any transaction, product or service offered by such brands.
Intellectual Property Rights
Our Intellectual Property
We are the owner or authorised licensee of all intellectual property rights in and to the Platform and Services, including all source code, databases, software, designs, text, images, audio, video,
and other materials (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
All Content and Marks are protected by copyright, trademark, and unfair competition laws, and by applicable international treaties. The Content and Marks are provided “as is” and remain the exclusive property of LINKFLUENCER or its licensors.
Your Right to Use the Services
Subject to your full compliance with these Legal Terms, LINKFLUENCER grants you a limited, non-exclusive, non-transferable, revocable licence to:
access and use the Services; and
download or print a reasonable portion of the Content to which you have lawful access, solely for your personal use or for your own internal business purposes.
You may not copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any part of the Services, Content, or Marks for commercial purposes, unless you have obtained our prior written consent. All rights not expressly granted to you remain reserved by LINKFLUENCER.
Any unauthorised use constitutes a material breach of these Legal Terms and automatically terminates your right to use the Services.
Your Submissions and Contributions
Submissions
If you voluntarily send us any feedback, ideas, suggestions, or other information concerning the Services (the “Submissions”), you agree that such Submissions become the property of LINKFLUENCER.
You hereby assign all intellectual property rights in those Submissions to us, allowing LINKFLUENCER to use, modify, and distribute them for any lawful purpose, without acknowledgment or compensation.
Contributions
The Services may allow you to publish, upload, or share content such as text, images, videos, audio, comments, reviews, or other materials (collectively, the “Contributions”). You remain the sole owner of your Contributions and of any associated intellectual property or personality rights.
However, by posting Contributions on or through the Platform, you grant LINKFLUENCER and its partner brands participating in Campaigns (together, the “Licensed Parties”) a non- exclusive, worldwide, royalty-free, transferable, and sublicensable licence to use your Contributions strictly for the purposes of:
operating, promoting, and improving the Platform and its Services;
promoting Campaigns in which you participate; and
conducting advertising or marketing activities related to the relevant Campaigns or Licensed Parties.
This licence authorises the Licensed Parties to reproduce, display, host, store, adapt, and communicate the Contributions to the public, in any format or media (including social networks, websites, newsletters, or promotional materials), for a maximum duration of two (2) years from the date of publication, unless a longer period is expressly agreed in writing.
This licence also includes the right to use, where relevant, your name, username, likeness, image, voice, logos, or trademarks associated with the Contributions, solely to identify or present the content in context.
You warrant that:
you hold all necessary rights and permissions to publish and license your Contributions;
your Contributions do not infringe any third-party rights, are not confidential, and comply with the Prohibited Activities section; and
to the extent permitted by law, you waive any moral rights that could prevent the use authorised above.
You remain fully responsible for your Contributions and agree to indemnify LINKFLUENCER for any loss or claim arising from a breach of this clause or any infringement of third-party rights.
Monitoring and Removal
LINKFLUENCER is not obliged to monitor user content but reserves the right, at its sole discretion, to remove or edit any Contribution without notice if it considers that the content:
breaches these Legal Terms or applicable law; or
may harm LINKFLUENCER, its partners, or other users.
In such cases, we may suspend or disable your account and, where appropriate, notify the relevant authorities.
Copyright Infringement
We respect the intellectual property rights of others.
If you believe that any material available on or through the Services infringes a copyright that you own or control, please notify us immediately at contact@linkfluencer.com
User Representations
By using the Services, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
you will not use the Services for any illegal or unauthorised purpose; and
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
User Registration
You are required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Purchases And Payment
We accept the following forms of payment:
Visa
Mastercard
American Express
Discover
PayPal
Payments may be processed through third-party payment service providers such as ConnectPay Stripe, PayPal, or any equivalent provider we may use from time to time. By completing a payment, you expressly acknowledge and agree to the terms of use and privacy policy of the relevant payment service provider, such as ConnectPay’s Terms of Service available at https://connectpay.com/terms-and-conditions/ .
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any err ors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.
SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Free Trial
We offer a 30-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.
Cancellation
You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at contact@linkfluencer.com
Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non- confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, t rade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributi ons in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Contribution Licence
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or repr esentations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Mobile Application Licence
Use Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive, non- transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not:
except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
violate any applicable laws, rules, or regulations in connection with your access or use of the App;
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended;
make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
use the App to send automated queries to any website or to send any unsolicited commercial email; or
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or
Google Play (each an “App Distributor”) to access the Services:
the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
you represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been
designated by the US government as a “terrorist supporting” country and you are not listed on any US government list of prohibited or restricted parties;
you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and
you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.
Social Media
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:
providing your Third-Party Account login information through the Services; or
allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that
(1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.
Please Note That Your Relationship With The Third-Party Service Providers Associated With Your Third-Party Accounts Is Governed Solely By Your Agreement(S) With Such Third-Party Service Providers.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third- Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://linkfluencer.io/privacy-policy
By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in France. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in France, then through your continued use of the Services, you are transferring your data to France, and you expressly consent to have your data transferred to and processed in France.
Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
Term And Termination
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications And Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
Governing Law
These Legal Terms are governed by and interpreted following the laws of France LINKFLUENCER and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Créteil (France), which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in France.
Dispute Resolution
If you would like to bring this subject to our attention, please contact us at contact@linkfluencer.com.
CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, And Signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible
by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
LINKFLUENCER
21 rue du 18 Juin 1940
Maisons-Alfort 94700
France
ANNEX 1 – PLATFORM TERMS OF USE (ConnectPay)
Linkfluencer Platform Terms Of Use
These Platform Terms of Use (hereinafter – the Agreement) have the purpose of defining the conditions according to which the Platform Operator and/or Platform Participants sell goods and/or provide services to the Customers, and to particularly distinguish terms of provision of Electronic money and other Services made available by the Payment Service Provider to the Customers through the Platform managed by the Platform Operator being the Distributor of the Payment Service Provider where applicable.
This Agreement is concluded between the Customer and the Platform Operator which, in respect of the Electronic Money Services, concludes this Agreement (including ConnectPay Documents) with the Customer on behalf of the Payment Service Provider. This Agreement with respect to other services of the Payment Service Provider shall be considered as concluded directly with the Payment Service Provider.
Platform Services
Platform Services provided by the Platform Operator and Platform Participants include: [to be listed and described by the Platform Operator]
Payment Service Provider’s Services
The following Electronic Money Services of the Payment Service Provider shall be distributed by the Platform Operator through the Platform:distribution and redemption of Electronic Money.
The Customer may order other services provided by the Payment Service Provider directly from the Payment Service provider, such as: opening and management of the Electronic Money Accounts to the Customers; issuance of Electronic Money to the Customers and holding of Customers funds;issuance of [Platform branded] VISA Debit Cards by the Card Issuer as requested by the Customers; execution of Payment Transactions of the Customers and provision of other Payment Services to the Customers requested by the Customers.
The Payment Service Provider shall not in any case provide the Customer with the following services: crypto wallet, crypto exchange and any other services with virtual assets; consumer lending related services; investment related services; [explicit list will be provided upon assessment of the list of Platform Participants]
The Payment Service Provider has authorised the Platform Operator to offer technological access for the Customers on Payment Service Provider’s behalf to use E-Money and other Services of the Payment Service Provider.
Definitions
Capitalized terms in this Agreement are defined as follows:
“Agreement” means the present document. The Agreement includes the (i) registration form filled by the Customer upon registration to the Platform, (ii) Price Conditions indicated via the
Platform, and (iii) ConnectPay Documents.
“Business Day” means a calendar day, except Saturdays, Sundays and official holidays and days off set by the legal acts of the Republic of Lithuania, when banks are normally open for
business in Lithuania unless set by the Payment Service Provider and notified to the Customer differently.
“Card Issuer” means Wallester AS, code: 11812882, registered address: F.R. Kreutzwaldi tn 4, 10120 Tallinn, Estonia, tel.: +372 6 720101, e-mail: info@wallester.com, website: www.wallester.com; information about the Card Issuer is accumulated and stored in the Commercial Register of Estonia; Card Issuer is engaged in the provision of financial services,
it holds a payment institution licence No. 4.1-1/224, which was granted on 18 December 2017 by the Estonian Financial Supervision and Resolution Authority (address: Sakala 4, 15030 Tallinn, Estonia, tel.: +372 6 680500, e-mail: info@fi.ee, website: ). The Card Issuer has the right to provide services in Lithuania without the establishment of a branch.
“ConnectPay Documents” means the below documents incorporated into this Agreement by reference:
(i) ConnectPay General Terms and Conditions [(Link to be provided)], (ii) ConnectPay Payment Services Terms and Conditions [(Link to be provided)], (iii) VISA Payment Card Terms and Conditions [(Link to be provided)], (iv) ConnectPay Privacy Policy [(Link to be provided)]. “Consumer” means a Customer who is a natural person and does not pursue aims which are
consistent with the business, commercial, or professional activity of this person.
“Customer” means a natural or legal person who is the customer of the Platform Operator to whom, after the Electronic Money Account is opened by the Payment Service Provider, the Platform Operator and/or Platform Participants provide Platform Services and to whom Platform Operator distributes and/or redeems Electronic Money on behalf of the Payment Service Provider. Customer confirms their understanding that Payment Services to the Customer are provided by the Payment Service Provider directly.
“Dispute” means any dispute, claim or controversy arising from or relating to this Agreement including any incorporated terms.
"Distributor“ means the Platform Operator. The Distributor prepares, facilitates and advises
its Customers, for the purpose of concluding the Agreement through the Platform. It assists the Customers for the duration of their relationship with the Payment Service Provider. The Distributor does not collect funds except for collection of Fees payable by the Customers hereunder and the Price Conditions.
“Electronic Money Account” means electronic money account in IBAN format opened by the Payment Service Provider in the name of the Customer used to carry out Payment Transactions and customized to be operational for the Customer only via the Platform and having limited
functionality in the manner described in this Agreement (if applicable). The Electronic Money Account may in no way be associated with a deposit account. The currency of the Electronic Money Account is indicated in the Platform during registration sign-up.
“Electronic Money” shall mean monetary value as represented by a claim on the Payment Service Provider which is issued on receipt of funds to the Electronic Money Account opened on behalf
of the Customer and managed by the Payment Service Provider for the purposes of provision of Payment Services (Electronic Money can be simply identified as funds).
“Electronic Money Services” shall mean Electronic Money distribution and/ or redemption services that may be offered through the Distributor.
“Fees“ mean fees set out in the Price Conditions for Services payable by the Customer.
“Hard Copy“ means any instrument allowing the Customer to store information addressed to them personally in order to be able to refer to it later during a time period adapted for the
purposes for which the information is provided and allowing them to identically reproduce the information stored. It is generally offered in the form of a PDF file.
“Identity Authentication Measures” shall mean the log-in name, registration password, PIN, One- time Password (code) given to the Customer by the Platform Operator, or other authentication measures submitted to the Customer or accepted by the Platform Operator.
“Instruction” means Payment Order, or any other valid instruction related to the funds held in
the Electronic Money Account and/or use of the Payment Services which may be submitted by the Customer to the Payment Service Provider according to this Agreement and the ConnectPay Documents.
‘’KYC’’ means Know Your Customer, the process of a business verifying the identity of its customers and assessing their suitability, along with the potential risks of illegal intentions towards the business relationship in accordance with the laws and regulations applicable to the Payment Service Provider.
“Notice” means any physical or electronic communication or legal notices related to this Agreement that are provided to or by the Customer through text or SMS, email, the User Account, or by other means.
“One-time Password” shall mean a unique one-time password used instead of a written signature of the Customer and intended to identify the Customer or confirm the Order.
“Order” means a Payment Order, Instruction or any other valid instruction given by the Customer related to the Services.
“Password (Passwords)” means any code of the Customer created in the Platform or a code provided to the Customer by the Platform for the access to the User Account or initiation and management of separate Services and/or initiation, authorisation, execution, confirmation and receipt of the Payment Transactions.
“Payment Instrument” means any personalised device and/or certain procedures agreed between the Customer and the Payment Service Provider (on behalf of the Card Issuer where applicable) and used by the Customer for the initiation of the Payment Transaction, including but not limited
to payment cards, any permitted device of the Customer to access the User Account.
“Payment Order” means an order from the payer or the payee to the Payment Service Provider to execute a Payment Transaction.
“Payment Transaction” means crediting of incoming payments or credit transfers of money initiated by the payer or the payee, or transactions through a Payment Instrument initiated by the Customer in accordance with the procedure set forth in the ConnectPay Documents.
“Payment Services” means those of the payment services defined in Article 4 (3) of the
Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC listed in the licence of the electronic money institution issued to Payment Service Provider and that may be provided directly by the Payment Service Provider.
“Payment Service Provider” means UAB ConnectPay, code: 304696889, registered address: Algirdo str. 38, LT-03218 Vilnius, Lithuania, tel.: +370 6 6644600, e-mail:info@connectpay.com,
website: www.connectpay.com; information about ConnectPay is accumulated and stored in the Register of Legal Entities of Lithuania; ConnectPay is engaged in the provision of financial services, it holds an electronic money institution licence No. 24, which was granted on 16 January 2018 by the Bank of Lithuania (address: Gedimino Ave. 6, LT-01103 Vilnius, Lithuania, tel.: +370 5 2680029, e-mail: info@lb.lt, website: ).
“Platform” means an internet-based system of the Platform Operator accessible by the Customer through the Platform Site and/or the mobile application of the Platform Operator installed by
the Customer on its mobile phone or tablet and enabling the Customer to use the Services, including to exchange information with the Payment Service Provider and/or perform other actions in accordance with this Agreement including any incorporated terms.
“Platform Customer Service” means the customer service whose contact information is indicated on the Site, from which the Customer may obtain information regarding this Agreement.
“Platform Operator” means [company name, registration code, registered address, phone number, e-mail address, website URL, public register where information about the company is stored] which administers the Platform accessible via the Platform Site [and mobile application of the Platform Operator] and which distributes/redeems Electronic Money to the Customer as a Distributor of Payment Service Provider, accompanies Customers during their entire relationship
with the Payment Service Provider, collects the documents necessary to open an Electronic Money Account. The Platform Operator does not collect funds with the exception of the Fees agreed to
in the Price Conditions.
“Platform Participants” means service providers other than Platform Operator and Payment Service Provider providing their services to the Customers via the Platform. [if relevant, respective provisions to be added to this Agreement by the Platform Operator].
“Platform Services” means [to be defined by the Platform Operator].
“Price Conditions” means financial terms, including the applicable Fees the Platform Operator applies to the Customer for use of Services and the User Account. For the sake of clarity, the Payment Service Provider does not apply additional fees for the Services rendered by the Payment Service Provider, all applicable fees are prescribed in the Price Conditions.
“Services” means Electronic Money Services, Platform Services and other services that may be provided by the Payment Service Provider.
“Site” means the website [www.] of the Platform Operator where the Platform is accessible. “Restricted Activities and Jurisdictions” means the list of prohibited business types, activities and jurisdictions listed in this Agreement as updated from time to time that may render Customer ineligible for a User Account and/or Services.
“Statement of Account“ means a document drawn up by the Payment Service Provider and provided to the Customer stating information on the Payment Transactions carried out in the Electronic Money Account during the respective period.
“User” shall mean the Customer himself/ herself (in case the Customer is a natural person) or the Customer’s representative who is a natural person and is authorized (master authorized representative) to represent the Customer and who has been assigned full capacity to enter into the Agreement on behalf of the Customer with the Platform Operator and Payment Service Provider, manage the ConnectPay Documents, sub-authorize other representatives to access,
manage or operate the Customer’s Electronic Money Account or User Account through the Platform, give confirmations, approvals, information, notifications and otherwise act in the Customer’s name.
If the Customer is a natural person, the Customer and the User may be the same person. “User Account” means result of the registration in the Platform during which the data of the Customer is recorded, the Platform username is assigned to the Customer and the rights of the Customer in the Platform are defined. The User Account is used to perform Orders and/or use other Services including reviewing balances on Electronic Money Account.
IMPORTANT:
The Customer shall ensure to provide correct, complete and current data upon registration to the Platform, when using the Services and shall keep it up to date thereafter in accordance with this Agreement including any incorporated terms.
In addition to the information provided during the registration to the Platform, the Platform
Operator and Payment Service Provider may request additional documents, including signed documents (with physical or electronic signature) for extended identification of the Customer before activating any Services or at any time thereafter as far as it is necessary for the Platform Operator to comply with its legal obligations as a Distributor of the Payment Service Provider, with the requirements and policies of the Payment Service Provider, as well as it is necessary for the Payment Service Provider to comply with its legal obligations, or if the Platform Operator/ Payment Service Provider believes that the provided information is inaccurate or incomplete.
Contractual documents
Upon registration to the Platform the Customer shall accept and bind himself/ herself with the terms of this Agreement.
The below mentioned documents (as amended from time to time) govern provision of Payment Service Provider’s Services to the Customers and are incorporated into this Agreement by reference, thus, by accepting this Agreement, the Customer agrees to comply with all terms of this Agreement and also with the terms of the below mentioned ConnectPay Documents: ConnectPay General Terms and Conditions [(Link to be provided)];
ConnectPay Payment Services Terms and Conditions [(Link to be provided)]; VISA Payment Card Terms and Conditions [(Link to be provided)]; ConnectPay Privacy Policy [(Link to be provided)].
Except where this Agreement specifically provides otherwise, the Electronic Money and other Services of the Payment Service Provider shall be provided to the Customer in accordance with the ConnectPay Documents. This Agreement may set forth certain deviations from the ConnectPay Documents and in terms of such deviations this Agreement shall prevail.
This Agreement, as well as ConnectPay Documents are made available to the Customer on the Platform Site and downloadable for the Customer as a Hard Copy. At any time during the contractual relationship, the Customer may, upon request to the Platform, receive these documents in durable medium.
Customer registration to the Platform and creation of User Account [to be modified (if needed) by the Platform Operator according to developed technology]
In order to use the Services, the Customer has to register to the Platform and create User Account.
The User Account shall be created only for a natural person of at least 18 (eighteen) years with the capacity to enter into legally binding contracts, who has to be a resident of European Union Member State or of a State party to the agreement on the European Economic Area. Therefore, if the Customer is a legal person or a natural person is acting through the representative, the representative’s right to act on behalf of the Customer and create the
User’s Account shall be established in accordance with the procedure laid down in the Agreement (incl. ConnectPay Documents). The persons (Users) mentioned in this paragraph shall have all rights and responsibilities assigned to the Customer under this Agreement and the Customer shall be fully liable for the actions of the Users. For the avoidance of doubt in case the
Customer is acting through the representative (incl. User) all references made in respect of the Customer shall be applicable to the authorized representative, unless clearly stated otherwise. The Customer may add additional Users by providing request via the Platform following instructions provided in the Platform.
In order to create User Account the Customer shall, by clicking “I accept” button with respect
to the use of the Platform, acknowledge and agree and bind himself/ herself with the terms and conditions of this Agreement (including ConnectPay Documents and all the documents incorporated into it reference) when registering and completing all required procedures in the Platform.
By accepting the terms of this Agreement, the Customer also agrees that the Platform Operator shall transmit Customer’s application data, together with all supporting documents received, to the Payment Service Provider. The Customer also agrees that during the entire validity of this Agreement the Platform Operator shall transmit all the Payment Services related Instructions, data, information and documents, to the Payments Service Provider for the purpose of provision
of Payment Services under this Agreement and incorporated terms. The Customer agrees that the Payment Service Provider shall transmit Customer’s application data, together with all
supporting documents received, as well as Payment Instrument related Instructions, data, information and documents to the Card Issuer for the purpose of provision of issuance of a Payment Instrument under VISA Payment Card Terms and Conditions [(Link to be provided)]. [The Customer also agrees that the Payment Service Provider shall transmit all the Payment Services,
Electronic Money Services and other services of the Payment Service Provider related information to the Platform Operator [and/ or the Platform Participants] and/or their technical service providers to the extent necessary to meet applicable legal and regulatory requirements
and ensure to the Customer seamless experience in using of the Services.]
Upon successful registration in the Platform, the User Account username is assigned to the Customer, the Password to log in to the User Account is created by the Customer and the rights of the Customer in the Platform are defined.
The Customer shall be prohibited from having more than one User Account in the Platform. Creation of the User Account is a mandatory pre-condition for the Customer to receive Electronic Money and other Services of the Payment Service Provider, including to open an
Electronic Money Account. Once the Electronic Money Account is opened according to the chapter 6 of this Agreement, the Electronic Money Account of the Customer shall be linked with the User Account.
Opening an Electronic Money Account
Immediately after the User Account is created, the Customer (and User, if required) shall undergo Customer’s identity verification, KYC and other required Electronic Money Account
opening related procedures of the Payment Service Provider as provided in ConnectPay Documents.
After all required actions are performed by the Customer, the Customer shall wait for the onboarding decision. Until the notification confirming Electronic Money Account opening is sent to the Customer via the Platform, the Customer cannot use the Electronic Money and other Services of the Payment Service Provider. The Customer may be requested by the Platform Operator to provide additional explanations, information and/or documents required for the Payment Service Provider to adopt decision regarding onboarding of the Customer. Upon receipt of the notification confirming Electronic Money Account opening sent to the Customer via the Platform, the Customer shall have Electronic Money Account opened and linked to his/her User Account and shall be able to use all the Services.
The Payment Service Provider may, without stating reasons and with no right to compensation to the Customer, refuse to open the Electronic Money Account. The Customer will be notified of
this refusal by the Platform Operator through the Platform.
If the Payment Service Provider opens the Electronic Money Account for the Customer as specified in the Agreement, Payment Orders and Instructions shall be submitted by the Customer and tasks and obligations of Payment Service Provider shall be performed in the manner provided in this Agreement and ConnectPay Documents.
Issuance of Electronic Money, usage of the Electronic Money Account and Electronic Money Redemption
The Customer’s funds held on the Electronic Money Account shall be considered as Electronic Money which Payment Service Provider issues after the Customer transfers or places money to his/her Electronic Money Account or when third parties transfer money to the Customer’s Electronic Money Account. Payment Service Provider having received the money shall issue Electronic Money at the nominal value and credit the corresponding amount of Electronic Money to the Electronic Money Account (less the Fee, if applicable).
Electronic Money held on the Electronic Money Account is not a deposit and the Payment Service Provider does not in any circumstances pay any interest for Electronic Money held on the Electronic Money Account and does not provide any other benefits associated with the time period the Electronic Money is stored.
Payment Service Provider shall guarantee the security of funds held with the Payment Service Provider and to ensure the repayment of the funds to the Customer (i.e. redemption of Electronic Money), shall hold the received funds in segregated account opened in the credit institution or central bank of the Member State in accordance with the applicable laws.
The Customer may manage the Electronic Money Account and use services of the Payment Service Provider:
via the internet by logging in to its User Account to which Electronic Money Account has been linked with the Customer’s login name, Password and confirming by the one-time password received by SMS or other Identity Authentication Measures [to be modified by the Platform Operator (if needed) according to developed technology];
by Payment Instruments linked to the Electronic Money Account (the service agreement governing issuance and use of particular Payment Instrument shall apply);
by other means indicated by the Platform Operator after the Customer has agreed to conditions of such means.
The Electronic Money Account shall enable the Customer to:
receive, transfer and hold Electronic Money on the Electronic Money Account intended for Payment Services;
carry out local and international Payment Transactions in accordance with ConnectPay Documents (Payment Services Terms and Conditions shall apply);
pay for goods and services in accordance with ConnectPay Documents (Payment Services Terms and
Conditions shall apply);
perform other operations directly related to Payment Transactions.
The below limitations apply to the Electronic Money Account [will be provided upon assessment of the Platform set-up]:
At the Customer’s request, the Electronic Money held on the Customer’s Electronic Money Account may at any time be redeemed at its nominal value.
The Customer shall express his/her request for redemption of Electronic Money by generating a Payment Order. The Electronic Money shall be redeemed by methods supported by the Payment Service Provider and agreed with the Customer.
In conjunction with the provision above and for the avoidance of doubt, the Electronic Money shall also be redeemed from the Electronic Money Account when the Payment Service Provider exercises its right to deduct Fees pursuant to the Price Conditions, based on a court decision and in other cases provided for by the applicable laws, this Agreement and other documents incorporated into it by reference.
Payment Orders to carry out Payment Transactions in the Electronic Money Account submitted to the Payment Service Provider shall comply with the requirements established by the applicable laws and the ConnectPay Documents (Payment Services Terms and Conditions shall apply).
No specific conditions for Electronic Money redemption, that would differ from the standard conditions for Payment Transactions performed on the Electronic Money Account, shall be applied. The amount of redeemed/transferred Electronic Money is chosen by the Customer. No additional Fee for the redemption of Electronic Money shall be charged unless otherwise stated in the Price Conditions. In the event of redemption of Electronic Money, the Customer shall pay the usual Fee for the Payment Transaction (if applicable according to the Price Conditions).
Payment Service Provider shall fulfil the Payment Orders submitted by the Customer within the time limits set in the applicable laws and ConnectPay Documents (Payment Services Terms and Conditions shall apply).
Access and management of the User Account [to be modified by the Platform Operator (if needed) according to developed technology]
When the Customer has opened the User’s Account in the Platform, the Customer (User) may log in to the User Account with the Identity Authentication Measures assigned (issued) to the Customer upon registration in the Platform (i.e. username, Password) and the One-time Password (when the One-time Password is required by Platform), [and/or the mobile application authenticator (when Platform Operator is requiring Identification through the mobile application authenticator)].
The Identity Authentication Measures provided to the Customer (User) by Platform Operator shall be used to authenticate the Customer and the actions performed using the Platform and using the Services. If the appropriate Identity Authentication Measures have been used during the time of log in to the User Account remotely, the Customer’s identity shall be deemed to have been authenticated. The Orders provided by the Customer via the Platform may only be executed when they are confirmed by one or several Identity Authentication Measures as required by Platform Operator in its sole discretion (i) a One-time Password or (ii) combination of the One-time Password and/or other Identity Authentication Measures requested by the Platform Operator, unless Platform Operator does not require certain Orders to be confirmed by a One-time Password and/or other Identity Authentication Measures). The Orders submitted through the Platform approved by the Identity Authentication Measures shall be in all cases equivalent to the Orders signed by the Customer.
The Customer shall be entitled to carry out the following actions through the User’s Account: to submit Orders for the provision of the Platform Services;
to submit Instructions to Payment Service Provider for the provision of the Payment Services; to receive and review the Electronic Money Account balances and statements;
to submit notifications to the Platform Operator and receive notifications from Platform Operator;
if made available by the Platform Operator, access and manage the agreements and other information related to provision of Services;
other actions and operations related to Payment Services which can be performed or used via the Platform.
Rights and Obligations of the Platform Operator and the Payment Service Provider
Upon the Customer is identified, Platform Operator shall allow the Customer to use the Services provided remotely through the Platform if the correct Identity Authentication Measures were used during the log in to the User Account stage. Orders, requests, notices, provided by the Customer via the Platform or other actions performed shall be separately approved using the appropriate Identity Authentication Measures.
Payment Service Provider shall properly execute the Instructions of the Customer only if:
the Instructions for the Electronic Money Account transactions submitted by the Customer meet the terms and conditions of this Agreement and ConnectPay Documents;
the Electronic Money Account has sufficient funds to execute the Instruction submitted [and debit a Fee for the Instruction executed in accordance with the Price Conditions - TBC by Platform Operator];
the funds on the Electronic Money Account are not seized or the rights to dispose of funds on the Electronic Money Account are not otherwise restricted;
there are no restrictions under applicable laws and/or other restrictions provided in the Agreement and other documents incorporated into it by reference in respect to the Instruction provided by the Customer and when the Payment Service Provider is entitled or obliged not to execute Instructions to debit funds from the Customer’s Electronic Money Account;
the Customer shall not exceed the Payment Transactions limit set by the Payment Service Provider for the Electronic Money Account and/or the particular Payment Instrument or chosen by the Customer.
For the avoidance of any doubt, upon accepting this Agreement the Customer agrees that any information, data, Instructions, Payment Orders and/or any documents shall be submitted to the Payment Service Provider via the Platform. Provision by the Customer of the Customer’s Instructions, information and documents through the Platform shall be deemed proper fulfilment of the corresponding Customer’s obligations to provide respective Instructions, information and documents under the ConnectPay Documents.
The Payment Service Provider shall have the right to:
in the event the funds have been credited and debited from the Electronic Money Account incorrectly, and other erroneous transactions in the Electronic Money Account, to correct these errors without the additional Customer’s consent;
debit the funds from the Electronic Money Account without the consent of the Customer during the enforcement of a court decision or in other cases provided by applicable laws of the Republic of Lithuania;
refuse to execute Payment Orders of the Customer if the Customer has not covered all of the payable Fees and other debts to the Platform Operator and Payment Service Provider cannot debit Fees and other debts from the Electronic Money Account under this Agreement or in accordance with other cases provided by the applicable laws of the Republic of Lithuania or ConnectPay Documents;
do not accept or execute the Customer’s Payment Orders in the Electronic Money Account if the funds on the Electronic Money Account are seized or the Customer’s right to dispose of funds on the Electronic Money Account are otherwise restricted;
if third parties submit claims (orders) to debit funds from the Electronic Money Account in cases provided for by law, and if the right of Payment Service Provider to debit the funds from
the Electronic Money Account payable by the Customer to the Platform Operator is provided for in the Agreement or other documents incorporated into it by reference, Payment Service Provider shall execute the Payment Orders of the Customer only after the fulfilment of the claims
(orders) submitted by third parties to debit the funds from the Electronic Money Account and debit the amounts from the Electronic Money Account payable by the Customer to the Platform Operator under the Agreement;
other rights prescribed in this Agreement and/or ConnectPay Documents, including but not limited to the right of the Payment Service Provider to refuse to provide Payment Services,
execute Payment Orders, suspend or block the Electronic Money Account under circumstances and procedure specified in the aforementioned documents.
Platform Operator shall provide advice to the Customer on the use of the User Account. Platform Operator and/or the Payment Service Provider shall have the right to record communications (including, where available, telephone conversations) between the Platform Operator and/or the Payment Service Provider and the Customer when the Customer asks to block the User’s Account and the Electronic Money Account and access to the Services remotely through the Platform or to unblock the access rights. Such communication records shall be considered evidence in possible disputes between the Platform Operator and/or the Payment Service Provider and the Customer.
Rights and Obligations of the Customer
The Customer shall have the main following obligations:
meet with the requirements provided in this Agreement and all the documents incorporated into it by reference;
ensure that only the Customer logs in to the User Account remotely with the granted or
available Identity Authentication Measures and make use of the User Account and the Electronic Money Account;
assume all obligations arising from the use of the User Account and the Electronic Money Account if during the time of remote log in to the User Account and submission of the Orders the appropriate Customer Identity Authentication Measures have been used;
carefully assess information provided in the Statement of Account made available to the Customer through the Platform. The previous month’s Statement of Account shall be considered approved by the Customer if the Customer fails to submit through the Platform comments on the Statement of Account within 15 (fifteen) calendar days from the receipt of the statement; immediately notify the Platform Customer Service using communication methods indicated on the Site about the funds incorrectly credited to or debited from the Electronic Money Account. In
the absence of sufficient funds in the Electronic Money Account for debit of incorrectly credited amounts, the Customer unconditionally undertakes to return to the Payment Service Provider the funds incorrectly credited to the Electronic Money Account within 3 (three) Business Days from the date of receipt of Payment Service Provider’s request to return the funds;
ensure the security of the Identity Authentication Measures provided by the Platform Operator or accepted by the Platform Operator as Identity Authentication Measures, not to enter the Identity Authentication Measures data on the items stored along with them, and not to allow third parties to access and/or dispose of them;
immediately inform the Platform in the event that the Customer suspects any unauthorised use of his/her Identity Authentication Measures;
pay the Fees to the Platform Operator for the issuance and exchange of Identity Authentication Measures, for the execution of the Orders provided through the Platform, other Services provided through the Platform, and to ensure that the Electronic Money Account has sufficient funds to execute the Instructions;
inform Platform Operator immediately but not later than within 3 (three) Business Days if any Customer related data specified in the User Account has changed in writing and provide documents complying with the requirements established for the documents and relating to the changes. In case of failure to comply with this requirement, the Customer cannot raise claims and objections that the actions of the Platform Operator or the Payment Service Provider performed based on the latest known Customer’s details do not comply with this Agreement and any document incorporated into it by reference, or that the Customer has not received any messages sent according to those details and/or could not access the User’s Account and submit the Orders;
ensure that the devices and other technical means (including the operating system of the mobile phone or computer) through which the User Account is accessed are secure (i.e. are protected by the biometric security measures or other available security measures), they are technically updated, and will not spread viruses, allow illegal intrusion and/or otherwise cause the
Platform malfunctions, damage or destroy information and cause other damage to the Platform and Platform Operator.
Blocking of the Identity Authentication Measures
The Customer shall be aware that in case the Customer has forgotten its username, Password and/or PIN used for logging in to the User Account, the Customer shall follow the instructions provided in the Platform to reset the relevant Identity Authentication Measures. In case the Customer does not understand the Identity Authentication Measures reset process implemented by the Platform Operator, the Customer is encouraged to approach the Platform by contacts provided on the Platform Site.
If the Customer loses the mobile phone to which a One-time Password is sent by SMS, or in case of suspicion of its unauthorized use by third parties, the Customer undertakes to immediately submit to the Platform Operator a request for blocking the access to the Services and the
User’s Account through the Platform Customer Service. Such request shall be submitted via the contact channels indicated on the Platform Site (for example, in-app support or e-mail, and where available by phone). When submitting a request, the Customer must indicate his/her full name, personal identification number and answer any security question used to identify the Customer and indicate the reason for the blocking of the aforementioned access. Platform Operator shall be entitled to require additional information to identify the person submitting
the request. Access to the Services and the User Account shall be blocked based on a request received.
Platform Operator shall have the right to block the access to the Services provided remotely through the Platform:
if Platform Operator has been notified of the loss or disclosure of the Identity Authentication Measures to a third party, or there are reasonable grounds for believing that the Identity Authentication Measures may become known or has become known (available) to third parties;
if incorrect One-time Passwords sent by SMS are submitted 5 (five) times in a row before using Services;
if incorrect Password / PIN is entered 5 (five) times in a row when connecting to the User Account;
if Customer breaches this Agreement or any other document incorporated into it by reference; there are other grounds for blocking the access to and suspension of the Services established in this Agreement and/or ConnectPay Documents.
The access to the Services, User’s Account, and the Electronic Money Account shall be unblocked upon submission of a duly signed written request by the Customer sent to email address
indicated on the Platform Site. Platform Operator or Payment Service Provider shall have the right to refuse to unblock the access if there is reason to believe that the reasons for blocking have not disappeared. If the access to the Services, User’s Account, and the
Electronic Money Account has been blocked on the Platform Operator‘s or the Payment Service Provider‘s initiative, the access shall be unblocked only when in the opinion of the Platform Operator and/ or the Payment Service Provider there is no reason for blocking.
The Platform Operator or the Payment Service Provider shall not be liable for the Customer's losses arising from blocking the access to the Services and unblocking if Platform Operator and, respectively, the Payment Service Provider has acted in compliance with the terms and
conditions and procedure provided for in this Agreement, and, in respect of the Payment Service Provider, the ConnectPay Documents.
Closure of the Electronic Money Account
Termination of the Agreement shall be the basis for the closure of the Electronic Money Account.
The Electronic Money Account cannot be closed at the request of the Customer if the Electronic Money Account is seized or other restrictions apply to the Electronic Money Account.
In case of termination of the Agreement, the balance of funds in the Electronic Money Account shall be paid to the Customer in accordance with the procedure laid down in the ConnectPay Documents (General Terms and Conditions). The Customer acknowledges its obligation to indicate
other payment account opened with duly licensed payment service provider and operated under the name of the Customer prior to the date of termination of the Agreement and closure of the Electronic Money Account. The Customer hereby confirms that he/she fully understands the consequences of not complying with the aforementioned obligation, including, but not limited
to, the obligation to undergo identification procedure of ConnectPay if Customer’s request to transfer the balance of funds in the Electronic Money Account is submitted after the closure of the Electronic Money Account.
In case of termination of the Agreement, the Customer, the Platform Operator and the Payment Service Provider must fulfil all of their obligations stipulated by the Agreement and/or the ConnectPay Documents and arising during its validity period.
Fees
The Customer shall pay to the Platform Operator for the Services rendered hereunder the Fees in the amount specified in the Price Conditions applicable at that time.
The Fees payable by the Customer to the Platform Operator shall be paid in accordance with the procedure specified in this Agreement and the Price Conditions. [Platform Operator to describe the procedure how the Fees shall be paid by the Customer. Example provided below]
[Customer must pay Platform Operator the Fees in relation to the Services for which he/she is registered. The amount of the Fees will vary depending on the number of Services and volumes used. Fees related to subscription plans will be billed in advance/upfront whereas Fees related to non-recurring add-ons will be billed in arrears either immediately after such an add-on has been ordered or in the next subscription plan invoice. Billing cycles are monthly. At the end
of each billing cycle, the Service will automatically renew under the exact same conditions. Invoices for the Fees will be sent via e-mail to the Customer.]
Payment of Fees [to be modified by the Platform Operator where needed]
By accepting this Agreement the Customer gives an irrevocable consent and authorisation to the Payment Service Provider to deduct the funds from the Customer’s Electronic Money Account without the separate Payment Order of the Customer for payment of Fees.
[Platform Operator’s invoices have a net [10 calendar days] payment term (payable within 10 calendar days of invoice date), after which, if the invoice is not paid, the Customer shall pay penalty interest of [0,05%] per day on the outstanding amount until the date of final settlement.
In case the Customer fails to pay the Platform Operator any Fees according to the procedure stipulated herein, the Platform Operator shall be entitled, besides execution of its other
rights under this Agreement, to unilaterally, without applying to court, immediately block the
User Account and/ or terminate this Agreement.]
Collections [to be modified by the Platform Operator where needed]
[Any failure to pay the full amount owed to the Platform Operator when required is a breach of this Agreement and the Platform Operator in such case reserves its rights to suspend the Services in part or in whole and/or terminate this Agreement in whole, as well as recover any outstanding debt or due payment directly from the Customer via a third party collection service
or in any other manner allowed under applicable law. The Customer shall compensate the Platform Operator with all costs or expenses that the Platform Operator incurs collecting amounts owed
but not timely paid, including legal, forced recovery fees and any interest.]
Disputes handling and Customers support [depending of the scope agreed between CP and the Platform Operator]
Disputes handling and Customers support in relation to the Electronic Money Services and other services of the Payment Service Provider used by the Customers via the Platform shall be performed by the Payment Service Provider as per procedure described below:
all disputes should be sought to be settled under out-of-court procedure, promptly and on terms acceptable to the Parties, thus, in case of a dispute, the Customers shall first be encouraged
to address Payment Service Provider through the Platform using contact details provided on the Platform Site or, if Platform is not available - directly by the following contact details:
e-mail address: […];
address for correspondence: […].
The Customer or User on the Customer’s behalf (or another representative of the Customer) shall be entitled to bring any complaint regarding the Services provided by Payment Service Provider in writing (by e-mail and/or post as per clause above). In case, the complaint is submitted by
the representative, he/ she must also submit documents confirming his/ her authorization(e.g. certified Power of Attorney).
The Complaint shall be submitted in English or Lithuanian language and must specify the following: (a) name, surname and (in the case of business accounts) company name; (b) customer’s address and other contact details: telephone number and / or e-mail; (c) the date of submission of the complaint; (d) the essence of the complaint, e.g. what kind of person’s
rights or legitimate interests have been violated; (e) Customer’s requirements to the Payment Service Provider; (f) other available documents related to the complaint if necessary; (g) if sending by post, the complaint submitted by the Customer must be written in a clear and legible manner, signed by the Customer or his representative. If any of the information mentioned above is missing from a complaint, the Payment Service Provider has the right to request the
additional information from the Customer.
Complaints of the Customer shall be examined by the Payment Service Provider free of charge. The response to the Customer’s complaint shall be submitted within 15 (fifteen) Business Days. In case there are adequate reasons why the Payment Service Provider cannot provide the official response to the Customer’s complaint in 15 (fifteen) Business Days, the Customer shall be informed in writing about such situation with a reasoned explanation and the final response
shall not exceed 35 (thirty-five) Business Days from the date of receipt of the complaint.
In case the Payment Service Provider’s response to the Customer’s complaint does not satisfy the Customer, or in case such response was not given within the timeframes set forth above, the Customer has the right to bring the claim to the courts of the Republic of Lithuania, or apply
to the Bank of Lithuania as per below.
if the Customer bringing the complaint is a Consumer, such Customer has the right to use out of court settlement of disputes and bring the complaint to the Bank of Lithuania. The complaint can be submitted to the Bank of Lithuania:
via the electronic dispute settlement facility E- Government Gateway;
by completing an application form (the form can be found here: https://www.lb.lt/en/dbc-settle- a-dispute-with-a-financial-service-provider) and sending it to the Legal and Licensing Department of the Bank of Lithuania, Žalgirio St. 90, LT-09303 Vilnius, prieziura@lb.lt or Totori■ St. 4 LT-01121 Vilnius, ;
by filing out a free-form application and sending it to the Legal and Licensing Department of the Bank of Lithuania, Žalgirio St. 90, LT-09303 Vilnius, prieziura@lb.lt or Totori■ St. 4
LT-01121 Vilnius, .
Such claim to the Bank of Lithuania must be submitted in accordance with the Law on the Bank of Lithuania of the Republic of Lithuania or the Law on the Protection of the Rights of Consumers
of the Republic of Lithuania or Out of court settlement of disputes between consumers and financial market participants, approved by the Bank of Lithuania Board of Directors, 26 January, 2012, Nr. 03-23, as amended from time to time. The complaint must be brought to the Bank of Lithuania within 1 (one) year of the complaint’s submission to the Payment Service provider.
If the Customer believes that the Payment Service Provider has breached the law and violated its rights or legal interests, the Customer has the right to submit a complaint to the Bank of Lithuania, address: Totori■ St. 4, LT-01121 Vilnius, info@lb.lt, or Žalgirio St. 90, LT-09303, Vilnius, .
Disputes handling and Customer support in relation to the Platform Services shall be handled by the Platform Operator in accordance with the below procedure: [to be described by the Platform Operator]
Restricted Activities and Jurisdictions
The Platform Operator shall refuse to open the User Account and/or the Payment Service Provider shall refuse to open Electronic Money Account and the User Account and the Electronic Money Account shall be immediately closed for the Customer related to jurisdictions and/or engaged in activities listed on the [if relevant, Platform Operator to add any additional items].
The Customer must inform the Platform Operator promptly if any of these have become applicable to him/her.
Data Protection
Matters related to personal data processing in relation to the provision of the Platform Services are regulated by Platform Privacy Policy [to be provided by the Platform Operator], which are an integral part of this Agreement. Matters related to personal data processing in
relation to the provision of the Payment Services are regulated by ConnectPay Documents which are incorporated to this Agreement by reference. The Platform will not process Customers personal data for purposes other than those specified in this Agreement, except when required to do so under applicable law or in cases where the Platform has its own legal basis for such processing.
Security Measures [to be elaborated in more detail by the Platform Operator] The Platform Operator will:
apply reasonable technical and organisational measures to ensure a level of protection against unauthorized or incidental access, loss, change, disclosure, or erasure of data;
guarantee that all persons authorized by the Platform Operator to process data shall be bound by an obligation of confidentiality and shall undergo regular training on the protection of the data corresponding to their duties and tasks;
not disclose Customer‘s personal data to any third party in any circumstances, except for the provided for in this Agreement or by applicable law;
Have procedures and policies in place with regards to these security measures.
Miscellaneous
Headings and Interpretation
The headings are for ease of reference only and do not affect the interpretation of this Agreement.
Governing Law
This Agreement and any dispute or non-contractual obligation arising out of or in connection with it shall be governed by and construed in accordance with the Lithuanian law.
Jurisdiction
In case of dispute between Customer and the Platform Operator and/or the Payment Service Provider in relation to the Services, the competent courts of the Republic of Lithuania shall have exclusive jurisdiction to resolve dispute. This is without limitation of the right of
either party to seek the mediation of competent mediation services with a view to settling the dispute amicably.
Communication
By accepting this Agreement, the Customer agrees to receive all Notices and communications from Platform Operator under this Agreement (including ConnectPay Documents, and other incorporated terms communication in terms of the Services rendered by the Payment Service Provider) electronically, including by the means of the Platform and/or User Account, e-mail address.
The Platform Operator will contact the Customer using the contact details (phone number, e-mail address) the Customer provided when registering to the Platform and thereafter, and will transmit Customer’s information and any updates thereof to the Payment Service Provider. It is Customer’s responsibility to update the Platform Operator with any new contact information, including a change in address. The Platform Operator and/or the Payment Service Provider (if applicable) will send any correspondence to most recent email address or postal address that Customer has provided through the Platform.
It shall be deemed that the Customer or User received the notice within 24 (twenty-four) hours from the moment it was posted on the Platform/ User Account and sent to the Customer or User
either by email or SMS message. If the notification is sent by post, it shall be deemed that the Customer or User received it within 5 (five) Business Days after it was sent.
The Customer can contact the Platform Operator (including questions related with Services rendered by the Payment Service Provider) via the Platform Customer Service using communication methods indicated on the Site.
For urgent matters, such as notification about suspected or executed unauthorised or fraudulent Payment Transactions, unlawful use of the Services or security threats, the Customer or User shall always give notice using the [XXX].
Limitation of liability
Except in case of intent or gross negligence or except otherwise provided for under the legislation in force, Platform Operator‘s maximum aggregate liability to Customer for direct damages under this Agreement is limited to the total amount of Fees actually paid by the Customer to the Platform Operator in the three months preceding the event that is the basis of the Customer’s claim. Platform Operator is not liable to Customer for consequential, indirect, special, or punitive damages or lost revenues. [to be modified by the Platform Operator if needed]
Liability of the Payment Service Provider and limitation of such liability to the Customer shall be governed by the ConnectPay Documents (General Terms and Conditions apply).
Indemnification
Liability and limitation thereof of the Payment Service Provider arising hereunder is described in the ConnectPay Documents.
[Platform Operator to stipulate, if any]
Severability
If part of a provision of this Agreement is found illegal, invalid or unenforceable, this shall have no effect on the other provisions hereof, and the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties’ original commercial intention, and if an amendment by the parties cannot be achieved, the illegal, invalid or unenforceable clause will be replaced by the mandatory rules of the law or by the established practice.
Assignment
Platform Operator may assign, pledge, or otherwise transfer this Agreement or its rights and powers under this Agreement to an assignee without any consent of the Customer.
Any such assignee will have all rights as if originally named in this Agreement instead of Platform Operator. Customer may not assign this Agreement or rights provided, or delegate any of its obligations, without the Platform Operator’s and the Payment Service Provider‘s written consents.
Assignment of the Payment Service Provider’s rights and powers under this Agreement shall be governed by the ConnectPay Documents (General Terms and Conditions apply).
Changes to this Agreement
The Platform Operator may, upon alignment with the Payment Service Provider, unilaterally modify this Agreement (except for ConnectPay Documents and Price Conditions) from time to time and shall always keep the latest version on the Site. This Agreement may be updated by posting an updated version to Platform legal page and sending information about changes via Platform, which shall be effective 30 days (60 days in case the Customer is a consumer) after sending. In case the Customer does not agree with the changes, the Customer has to stop using the Platform and the Services, and notify the Platform Operator about the will to terminate the relationship before the changes came into force. Changes to this Agreement will not affect the provision of Platform Services ordered and paid before the change. Any waiver, modification, or indulgence that Platform Operator provides to the Customer, of any kind or at any time, applies only to
the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under this Agreement for any other or future acts, events, or conditions.
Further, any delay by the Platform Operator in enforcing rights under this Agreement does not constitute forfeiture of such rights.
ConnectPay Documents and Price Conditions can be amended and otherwise modified by the Payment Service Provider (in case of ConnectPay Documents) and/ or Platform Operator (in case of Price Conditions), by notifying the Customer via the Platform.
The Payment Service Provider and/ or Platform Operator shall be entitled unilaterally amend
and/or supplement ConnectPay Documents and Price Conditions by providing the Customer with a 30 (thirty) days’ written notice or 60 (sixty) days’ written notice if the Customer is a Consumer.
These changes will be deemed to have been accepted by the Customer (and automatically by the User) where the Customer does not, before the proposed date of the entry into force of the
changes, notify to the contrary.
When the Customer notifies of disagreement with purposed changes, it will be deemed to be a notice that the Customer wishes to terminate the Agreement on the date upon which the changes are to take effect unless other date is given by the Customer.
Where amendment to this Agreement, ConnectPay Documents and/or Price Conditions are required by law, relates to the addition of a new Service, extra functionality to the existing Service, a
reduction in the Fees or relates to style or grammar corrections, and other changes which do not reduce or limit the rights of the Customer and do not increase liability of the Customer
and do not aggravate the Customer’s situation the amendment may be made without prior notice to Customer and shall be effective immediately.
Entire Agreement
This Agreement (including ConnectPay Documents and other incorporated terms) accepted by the Customer comprises the entire understanding of the parties with respect to the subject matter described herein and supersedes all other proposals or previous understandings, written or
oral, between the parties. No agreements, representations, or warranties other than those provided in this Agreement will be binding unless agreed in writing between the Customer and the Platform Operator.
Term and termination of the Agreement
The Agreement comes into force and becomes a legally binding agreement between the Customer and the Platform Operator immediately after (i) the Customer electronically submits an application
to create the User Account and digitally accepts confirmation to be bound under the terms of
this Agreement, ConnectPay Documents, and (ii) the Customer is notified via the Platform or any other means of communication (e-mail, SMS, etc.) that the User Account has been created for the Customer.
The Agreement and ConnectPay Documents come into force and become a legally binding agreement between the Customer and the Payment Service Provider immediately after (i) the Customer is notified via the Platform or any other means of communication (e-mail, SMS, etc.) that the User Account has been created for the Customer, and (ii) the Customer is notified via the Platform
or any other means of communication (e-mail, SMS, etc.) that the Electronic Money Account has been created for the Customer.
Upon the entry into force of this Agreement, it shall remain in effect for an indefinite term unless it is terminated in accordance with the procedure established below.
Customer may terminate this Agreement by way of sending a 14 calendar days Notice of termination to Platform Customer Service using communication methods provided on the Site and paying all amounts owed for the Services rendered until the termination date, except the circumstances exist due to which the Customer is not entitled to request closure of the
Electronic Money Account in accordance with this Agreement, ConnectPay Documents and other incorporated terms.
Platform Operator may unilaterally terminate this Agreement, or suspend the User Account, by specifying an objective and important reason of termination and by giving 60 (sixty) calendar days’ written Notice to the Customer.
Platform Operator may, at its own discretion, decide to terminate the Agreement with immediate effect if Customer fails to pay one or more of the Fees due, otherwise breaches this Agreement, ConnectPay Documents or any other incorporated terms.
Payment Service Provider may unilaterally terminate this Agreement and ConnectPay Documents in accordance with the terms of the ConnectPay Documents. Payment Service Provider may also terminate this Agreement in case the Platform and/or User Account becomes unfunctional and the Platform Operator fails to restore the functionality within the terms agreed between the
Payment Service Provider and the Platform Operator.
For the avoidance of doubt, termination of this Agreement automatically terminates all the incorporated terms, including, but not limited to, ConnectPay Documents.
