These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Pay With Privacy, Inc. (“Privacy” “we,” “our” or “us”) and govern your use of Privacy’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms. By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Limitations of Liability and Damages) and require individual arbitration for any potential legal dispute (see Binding Individual Arbitration).
You also agree to any additional terms specific to Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us.
Payment Terms: These terms apply to all payments made through the Services.
Revisions, Disclosures and Notices
We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the General Terms, Additional Terms or Policies in place when the Dispute arose.
You agree to Privacy’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Privacy Account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your Privacy Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact Privacy Support. If we are not able to support your request, you may need to terminate your Privacy Account.
You may not, nor may you permit any third party, directly or indirectly, to: export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII); access or monitor any material or information on any Privacy system using any manual process or robot, spider, scraper, or other automated means; except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services; perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Privacy; use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; use the Service in conjunction with automated purchasing software programs; use the Service to exploit new user, referral programs, promotions offered by other merchants, or otherwise use the Service to violate the terms and conditions of a merchant; transfer any rights granted to you under these General Terms; use the Services in a way that distracts or prevents you from obeying traffic or safety laws; use the Services for any illegal activity or goods or in any way that exposes you, other Privacy users, our partners, or Privacy to harm; or otherwise use the Services except as expressly allowed under these General Terms and applicable Additional Terms.
Compatible Devices and Third Party Carriers
We do not warrant that the Services will be compatible with device or carrier. Your use of the Services may be subject to the terms of your agreements with your device manufacturer or your carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls.
The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Privacy Account or by terminating your Privacy Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Privacy’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Privacy, its affiliates or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
Copyright and Trademark Infringement
We respect the copyright and trademark rights of others and ask you to do the same. We have adopted a Copyright & Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. We respond to all valid notices of such copyright and trademark infringement, and our policy is to suspend or terminate the access privileges of those who infringe the copyrights and trademarks of others.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Privacy Account or any other breach of security. Notwithstanding Sections Disputes and Binding Individual Arbitration, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Privacy Account subject to dispute) will be final and binding on all parties.
You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls, and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. You agree that all communications provided to you by Privacy electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from Privacy at any time by texting STOP in response. You acknowledge that opting out of receiving communications may impact your use of the Services.
Privacy may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). Privacy has the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Privacy Account settings or as otherwise agreed in writing (“Subscription Fee”). If you sign up for Subscription Services for a period (“Initial Period”), then the terms will be automatically renewed for additional periods of the same duration as the Initial Period at our then-current fee for such Subscription Services. In order to avoid automatic renewal you must cancel your Subscription Services at least thirty (30) days prior to the automatic renewal date.
A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by debit card, credit card, or deducted from your linked bank account. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect Paid Service Fees by deduction from your linked bank account.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Privacy Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
International transactions will be charged a fee equal to the greater of (i) 3% of the value of the transaction or (ii) $0.50. If an international transaction is refunded, any international fees applied to the transaction will not be refunded or otherwise reversed.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Privacy Account or your access to any Service, at any time for any reason. You may also terminate the General Terms and Additional Terms applicable to your Privacy Account by deactivating your Privacy Account by contacting us at firstname.lastname@example.org
Effect of Termination
If these General Terms or your Privacy Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: (Your Content), (Copyright and Trademark Infringement), (Effect of Termination), (Ownership), (Indemnity), (Representations and Warranties), (No Warranties), (Limitation of Liability and Damages), (Third Party Products), (Disputes), (Binding Individual Arbitration), (Governing Law), (Limitation on Time to Initiate a Dispute), (Assignment), (Third Party Service and Links to Other Web Sites), and (Other Provisions).
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our partners (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, accurately and truthfully represents your identity; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.
THE USE OF “PRIVACY” IN THIS SECTIONS AND Limitations of Liability and Damages MEANS PRIVACY, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PRIVACY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PRIVACY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Privacy does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Privacy does not have control of, or liability for, goods or services that are paid for using the Services.
Limitations of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIVACY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, PRIVACY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL PRIVACY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR PRIVACY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRIVACY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRIVACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Third Party Products
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. PRIVACY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
“Disputes” are defined as any claim, controversy, or dispute between you and Privacy, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.
Binding Individual Arbitration
You and Privacy agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PRIVACY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York County, New York, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Privacy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in state court in New York County, New York, or federal court for the Southern District of New York.
These General Terms and any Dispute will be governed by New York law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within New York, without regard to its choice of law or conflicts of law principles.
Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within 90 days after the cause of action accrues.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
Third Party Services and Links to Other Web Sites
Privacy shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You are responsible for providing Privacy with your most current email address. In the event that the last email address you provided to Privacy is not valid, or for any reason is not capable of delivering you notices required/permitted under these Terms, Privacy’s dispatch of the email containing such notice will constitute effective notice. You may give notice to Privacy at the following address: (154 Grand St., NY, NY 10013) Such notice shall be deemed to be given when received by Privacy by letter delivered by nationally recognized overnight service or first class postage prepaid mail at the above address.
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Privacy regarding the Services. In the event of a conflict between these General Terms and any other Privacy agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.
Privacy Payment Terms
By using Pay With Privacy, Inc. (“Privacy,” “we,” “our,” or “us”) payment services (“Payment Services”), you agree to be bound by the General Terms of Service (“General Terms”), these additional terms and conditions (“Payment Terms”) and all other terms, policies and guidelines applicable to the Services (as defined in the General Terms) used.
If you are using the Payment Services on behalf of a business, that business accepts these terms. Payment Services may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. Defined terms will have the same meaning as those found in the General Terms, unless otherwise re-defined herein.
Privacy offers Payment Services that allow you to authorize the purchase of goods and services online. We are not a bank and do not offer banking services as defined by the United States Department of Treasury. You must open a Privacy Account before accessing the Payment Services.
In connection with the Payment Services, you authorize us to act as your agent for the limited purposes of making payments on your behalf. Your authorization permits us to generate virtual payment cards (“Virtual Cards”) for every transaction that you authorize. Your authorizations will remain in full force and effect until you close a Virtual Card or your Privacy Account is closed or terminated.
Virtual Cards are not issued to you and are not for consumer use. They are issued to Privacy and are used exclusively by Privacy to make payments on your behalf. You cannot use Virtual Cards in any way beyond their intended purpose.
When you use Privacy’s browser extension or mobile application to transact, Privacy will create a unique card number issued to Privacy, load it with funds and make the purchase. Privacy is the cardholder in this transaction.
Using the Service to Authorize Payments
For security and fraud protection, there is an initial limit on the dollar amount you can authorize in a transaction and there is an initial limit on the total dollar amount you can authorize over a period of time. The maximum amount initially allowable for authorization is $1,000 per weekly period and $3,000 per calendar month. The per week and per calendar month limits are subject to increase or decrease at our discretion based on an algorithmic review process and a manual review process.
Bank Transfer Authorization
You authorize the Company to initiate electronic transfers (via the Automated Clearing House ("ACH") of NACHA - The Electronic Payment Association ("NACHA")) from your bank account on record of account of up to your Daily Limit on a daily basis. You agree that ACH transactions you authorize comply with all applicable law.
When your checking account is used as your funding source for a transaction, you are requesting that we initiate on your behalf an electronic transfer from your bank account. You agree that such requests constitute your authorization to Company to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and Company may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA's ACH rules, or applicable law.
You may not use the Payment Services for the following businesses or activities: (1) any illegal activity or goods, (2) paraphernalia that may be used for illegal activity (3) unauthorized multi-level marketing businesses, (4) rebate based businesses, (5) betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (6) manual or automated cash disbursements, (7) prepaid cards or checks (8) sales of money-orders or foreign currency, (9) wire transfer money orders, (10) high-risk products and services, including telemarketing sales.
The following fees are assessed when we settle a transaction to your funding source.
Conversion to US Dollars
Transactions made in currencies other than U.S. Dollars will be converted by the network or card association that processes the transaction into U.S. Dollars. The card association may consider transactions occurring in U.S. territories to be an international transaction. Conversion to U.S. Dollars may occur on a date other than the date of the transaction, thus the actual conversion rate may differ from the rate in effect at the time of the transaction. You agree to pay the converted amount plus any applicable conversion charges made by the network or card association that processes the transaction.
Privacy Account Registration for Payment Services
You must open a Privacy Account to access Payment Services. In order to use Payment Services, you must be at least 18 years old. You confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use yours or your business’ true and accurate name when opening a Privacy Account.
Underwriting and Identity Verification
To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify and record information that identifies each person who requests to use Payment Services.
What this means for you: When you open a Privacy Account, we will ask for your name, address, date of birth and other information that will allow us to identify you.
We may make inquiries that we consider appropriate and use third party services to help us verify your identity and determine if we should open, maintain, collect or close your account. We may also report the status, history and/or closure of your account to third-party services.
If you allow someone else to use your Privacy Account, you are responsible and liable for all transactions, withdrawals, deposits and fees that arise out of such use.
Requests for Additional Information and Inspection
Privacy may request additional information from you at any time. For example, Privacy may ask you to present a government issued identification such as a passport or driver’s license, a business license, or other information. If you refuse any of these requests, your Privacy Account may be suspended or terminated.
Adding a Funding Source
Payments made by Privacy on your behalf are settled to an authorized funding source. In order to use Privacy’s Payment Services, you must first add an eligible funding source to your Privacy Account via the Privacy website or mobile app. By connecting a funding source, you are pre-authorized recurring transfers by Privacy from that funding source.
If you add a funding source to your Privacy Account, you agree that:
- You are the owner of the funding source;
- You are authorized to transfer funds from that funding source; and
- You authorize us to initiate debits from your funding source according to your instructions.
Any authorizations to debit a funding source will remain in full force and effect until you cancel the authorization by removing the funding source. You can remove a funding source on the Privacy website. If you cancel your authorization, you will give us enough time to act on your cancellation. By entering your funding source information on the Privacy site, you have signed this ACH authorization and you should print and save a copy of it.
Each time a payment is made by Privacy on your behalf, the amount of the transaction will be settled from your designated funding source. If Privacy is not able to settle a transaction with your account, your Privacy Account may be suspended.
Availability of Payment Services
We may restrict your access to Payment Services if we need to conduct an investigation or resolve any pending dispute related to your use of the Payment Services. We may also restrict access to Payment Services as necessary to comply with applicable law or court order, or if requested by any governmental entity.
Privacy Account History
When a payment is made on your behalf we will update your Privacy Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your Privacy Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Privacy Account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your Privacy Account. If you believe that there is an error or unauthorized transaction activity is associated with your Privacy Account, you must contact us immediately.
We will attempt to fix processing errors we discover. If the error resulted in your payment of an amount larger than what you authorize we will transfer the difference to your linked bank account. If the error resulted in your payment of an amount less than what you authorized Privacy will debit the extra funds from your linked bank account. We will only correct transactions that are processed incorrectly if you notify us with (1) your name and Privacy Account information, (2) A description of the error or transaction and why you believe it is an error or why you need more information and (3) the dollar amount of the suspected error. Please notify us of such an error by calling 844-771-8229 or writing to us at (Pay with Privacy, Inc., 154 Grand St., NY, NY 10013) as soon as possible. Your failure to notify us of a processing error within sixty (60) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
Payment Dispute Resolution Procedure
You agree to comply with our Payment Dispute Procedure for any payments in relation to any Payment Services provided by Privacy. If you’re unable to resolve a transaction related issue directly with a merchant, please notify us via your Privacy dashboard. This is our process for resolving disputes.
1: Open a dispute case within ninety (90) days of the date of the transaction in question via your Privacy dashboard by clicking on the transaction and the dispute button in the top right corner of modal that pops up. Depending on your claim (item not received or refund not received), we may ask you to wait 10 business days from the transaction date to proceed with the payment dispute.
2: Respond to our requests for other information. Privacy may require you to provide receipts, third party evaluations, police reports or other documents depending on the situation. You must respond to these requests in a timely manner as requested in our correspondence with you.
3: Comply with Privacy’s shipping requests in a timely manner, if you’re filing a Significantly Not as Described claim, we may require you, at your expense, to ship the item back to the seller, to us, or to a third party (specified by Privacy) and to provide signature confirmation proof of delivery.
4: Privacy will make a final decision on your claim, in its sole discretion, based on the coverage and eligibility requirements set forth above, any additional information provided during the online payment dispute resolution process or any other information Privacy deems relevant and appropriate under the circumstances.
Excessive Payment Disputes
If we believe you might incur, or you are incurring, an excessive number of Payment Disputes, we may establish additional conditions governing your Privacy Account, including terminating or suspending the Payment Services.
You will not act as a payment facilitator or otherwise resell the Payment Services to any third party. You will not use the Payment Services to handle, process or transmit funds for any third party.
Unauthorized or Illegal Use
You will only use your Privacy Account for transactions that are allowed by law. We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with Privacy, or that it exposes you, our customers, our processors, merchants or Privacy to harm. Harm includes fraud and other criminal acts. If we suspect that your Privacy Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Privacy Account, and any of your transactions with law enforcement and, as deemed necessary by Privacy, our payment processing and financial institution partners.
Privacy complies with the Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under the Network Rules. You will cooperate in forensic investigations as required by Privacy or its partners.
In addition to the General Terms, you will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, Tax assessments, penalties, interest, and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any transaction submitted by you through the Payment Service.
You acknowledge that, except as otherwise prohibited by law, Privacy will have the right to charge or set off against your account any indebtedness or other obligations which you or any owner owe us, at any time, without any further notice to or demand on you, whether the indebtedness or other obligations exist at the time the account is opened or arise later. The indebtedness includes, without limitation, all charges incurred on any account you hold with Privacy. You agree that Privacy may set off against the account any claim which we have against you without regard to the source or ownership of the funds on deposit in the account and without requirement that the claim be owed to us by all of the account owners. You also agree that, to the extent allowed by law, Privacy may set off any indebtedness or other obligations which you owe us under this Agreement against any other account or property in which you have an ownership interest that is in Privacy’s possession or control.
Privacy Cashback Promotions
Participants in Privacy cashback promotions may earn Privacy Credits (as defined below) on up to $4,500 of monthly net purchases using their Privacy Account (initiated transaction amounts on purchases minus any credits or returns). Privacy Credits resulting from Privacy purchases during a calendar month will be automatically applied to your Privacy account generally within the first ten (10) business days of the next calendar month. However, the timing of when Privacy Credits are applied may vary based on specific terms of a promotion.
If you close your Privacy Account, all purchases made during the calendar month that the Account was closed will not be eligible for the Privacy cashback promotion. We reserve the right to render your account ineligible for the cashback promotion in the event of any Chargebacks, ACH bounces, ACH disputes, or suspicious activity associated with your Account.
Determination of promotion eligibility, duration of a promotion, and the maximum amount of credit earned are at the sole discretion of Privacy. Privacy reserves the right to modify the rate or timing of Privacy Credits earned by any user pursuant to the promotion at any time. Privacy reserves the right to verify and adjust credits at any time prior to or following credit. Your Privacy account must be active and in good standing, as determined by Privacy at its sole discretion, to receive Privacy Credits.
In our sole discretion, we may deduct Privacy Credits from your account or make a debit entry to your connected funding source in order to make adjustments for returns, purchase cancellations or fraudulent activity. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Privacy policies and terms, and any and all applicable laws, rules, and regulations. It is your responsibility to check your Account regularly to ensure that Privacy Credit has been properly credited and paid and that your Account balance is accurate. If you believe that Privacy Credit has not been correctly credited to your account, you must contact Privacy Support within ninety (90) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.
Your account may contain Privacy Credits. Privacy Credits can be used for payment of an eligible purchase made with your Privacy account. Unless expressly stated otherwise, unused Privacy Credits may expire after twelve months of account inactivity. Privacy Credits are not redeemable for cash, cannot be transferred, gifted, exchanged, or sold between users.
Privacy Preferred Merchant Program
Privacy offers the Privacy Preferred Merchant Program to allow our customers to earn cashback on purchases completed through Privacy’s browser extension or website subject to these terms and conditions (“Preferred Merchant Program Terms”). Privacy receives compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”). Privacy gives a portion of this compensation to our customers as cashback. Participation in the Program and the opportunity to earn cashback are offered at the sole discretion of Privacy and subject to your compliance with this Agreement.
Affiliate Store Policies
A product purchased from any Affiliate Store through the Program, is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Privacy is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of cashback caused by such changes, discontinuance, or withdrawal.
The determination of whether a purchase made through an Privacy Affiliate Store qualifies for cashback is at the sole discretion of Privacy. If an Affiliate Store fails to report a transaction to Privacy or fails to make payment to Privacy for any reason, Privacy reserves the right to cancel the cashback associated with that transaction.
Your eligibility to participate in any Privacy.com promotions is at our sole discretion. Privacy.com reserves the right to terminate any promotions at any time and to refuse or recover any promotion award for any reason, including, but not limited to, your breach of these Terms.
New and current Pay With Privacy (“Privacy”) users who have accounts may be provided with a unique referral URL that permits the Privacy user (each a “Referrer Customer”) to refer acquaintances to Privacy. Referred customers (each, a “Referred Customer”) must register for Privacy using the unique URL provided by Privacy.
Subject to these terms and conditions, any Referrer Customer that refers an acquaintance to Privacy will receive up to $5 in Privacy account credit (“Referrer Bonus”) for every such referral when the Referred Customer successfully registers and makes a qualifying transaction with Privacy (the “Referral Offer”).
In addition, the Referred Customer will receive up to $5 in Privacy credit off his or her first purchase using Privacy’s software upon his or her successful registration with Privacy (“Referred Bonus”). Referrer Bonuses and Referred Bonuses will be credited within 24 hours after a Referred Customer successfully makes a qualifying transaction with Privacy.
Determination of program eligibility and qualifying referrals are at the sole discretion of Privacy. Privacy reserves the right to verify and adjust referral credits at any time prior to or following credit. Your Privacy account must be active and in good standing, as determined by Privacy at its sole discretion, to receive the Referrer Bonus or Referred Bonus.
This Referral Offer is intended for Privacy customers only to refer their acquaintances to Privacy and should not be advertised, marketed or otherwise utilized for commercial purposes. This Referral Offer is a limited time offer and Privacy reserves the right to modify, suspend or cancel this Referral Offer at any time without notice.
Bank Account Information and Authorized Actions
By adding a funding source, you may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Payment Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide and will access your Authorized Bank Accounts for the purposes of providing and improving the Payment Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person.
Additional Representations, Warranties, and Covenants
In addition to the General Terms, with each Virtual Card transaction you process through the Payment Services, you represent, warrant and covenant to us that: (a) the Virtual Card transaction represents a bona fide sale; (b) the Virtual Card transaction accurately describes the goods and/or services obtained from the merchant; (c) you will fulfill all of your obligations to the merchant and will resolve any dispute or complaint directly with the merchant; (d) you and the Virtual Card transaction comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own merchant.
Termination of Payment Services
Privacy may Terminate your use of the Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued prior to the termination, Chargebacks, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. In the event your Privacy account has a negative balance, Privacy reserves the right to withhold refunds or credits to settle the negative balance. If your access to Payment Services has been terminated, you may still be permitted to use Privacy’s other products, subject to our discretion.
Last updated: November 1, 2023