PAYCOVE TERMS AND CONDITIONS
INTRODUCTION
Welcome to Paycove, located at www.paycove.io (the
"Site"). Paycove is hosted and run by Paycove, Inc. ("Paycove", "we", "our",
or "us"), a Wisconsin based corporation. The following terms and conditions (the "Terms") govern
your use of this Site. By accessing, viewing, or using the content, material, or services available on or through
this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be
legally bound by them. By accessing the Site you represent that you are 18 years of age or older.
If you do
not agree to these Terms, or if you are under 18 years of age, you are not granted permission to access, view, or
use this Site and must exit immediately. If you do not agree to these Terms, or if you are under 18 years of age, do
not use the Site.
Paycove may change these Terms from time to time. Please review the Terms periodically.
Your continued access to, and viewing and use of this Site and any content, materials or services accessible through
it, after such posting or notification means you accept any and all modifications.
Paycove reserves the right
at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the content,
materials, and services accessible on and through this Site (or any part thereof). Paycove shall not be liable to
you or other third party for any such modification, suspension or discontinuance of any of the foregoing, except as
expressly provided herein.
These Terms are in addition to any other agreements between you and Paycove, and
its affiliates, partners, subsidiaries, licensors, licensees, subsidiaries, licensors, third-party content or
service providers, distributors, dealers and suppliers ("Suppliers"), including, but not limited to any
agreements that govern your use of certain products, services, content, tools and information accessible through the
Site, including, but not limited to the terms and conditions governing the use of the Platform (defined
below).
DATA DISCLAIMER
This Site primary purpose is to allow users to generate and disseminate quotes, invoices, and
other payment related documents through information collected or provided to the Site (the "Services").
This data can be viewed and modified by logging into restricted areas of the Site (the "Platform").
Although data elements, content, materials, and information contained within the Platform accessible through this
Site, have been obtained from sources believed to be reliable, Paycove and its Suppliers do not guarantee accuracy
or completeness and accept no liability for any direct or consequential losses arising from the use of the said
provided information or Services. Furthermore, no warranties, expressed or implied, are provided for the accuracy of
the data therein, its use, or its interpretation. Lastly, although data elements and information provided is
periodically updated, this data and information may not reflect the data currently on file in the county or public
records.
NO RECOMMENDATIONS OR ADVICE PROVIDED
Paycove is not a tax advisor or law firm and does not make recommendations or offer investment advice of any
kind. Although Paycove may provide data, information, content, and materials (collectively, the
"Materials"), and access to the Platform and Services, you should not construe any such information as
investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the
merits and risks associated with the Services and the Platform before making any decisions based on any data,
information, content, or Services accessible through the Platform. In exchange for accessing, viewing, subscribing
to, and using such Materials and accessing the Platform and Services through the Site, you agree not to hold Paycove
and/or its Suppliers liable for any possible claim for damages arising from any decision you, your affiliates,
employees, parent companies, subsidiaries, agents, and/or third party contractors make based on information,
content, materials and Services made available to you on the Platform accessible through this Site.
NO CONTRACTUAL RELATIONSHIP BETWEEN Paycove AND INVOICE RECIPIENTS
Paycove agrees to send quotes, invoices, reminders and other communications to your customers as one of it's
core benefits. However, customer's payment through Paycove does not imply agreement to any of your terms,
conditions, disclosure agreements, warrantee agreements, liability agreements or any other such agreements. As such,
you agree that individuals paying through the Site have met any requirements necessary for collection of payment for
services or goods you have or will rendered.
OUR RELATIONSHIP
Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists
between you and Paycove and/or its Suppliers. We owe you a duty of ordinary care. Any internal policies or
procedures that Paycove and its Suppliers may maintain in excess of reasonable commercial standards and general
usage are solely for Paycove's and its Suppliers' own benefit and shall not impose a higher standard of care
than otherwise would apply in their absence.
LICENSE AND SITE ACCESS
A. Access. Paycove grants you a limited license solely to access, view and make personal use of this Site. You
may not download or modify any portion of this Site and/or the Materials provided on this Site, except with the
express written or e-mailed consent of Paycove. The license to view and use this Site and the Materials contained on
this Site, as well as the ability to access the Platform and Services through this Site, does not include the right
for you to: (1) resell or commercially use of the Materials contained on this Site; (2) make any derivative use of,
or create any derivative works from, any copyrightable portion of the Materials contained on this Site; (3) display,
copy, distribute, license, assign, offer for sale or sell any trademarks, logos, and trade dress contained on this
Site, and/or (4) conduct data mining, use robots or similar data gathering and extraction tools or processes on or
through this Site. You expressly agree to not engage any of the foregoing activities.
B. No Illegal Uses. By
accessing and viewing this Site, you warrant to Paycove that you will not use (1) this Site, (2) any of the data,
information, content, and materials contained on this Site, and/or (3) the Platform and Services accessed through
this Site, for any purpose that is either unlawful, or prohibited by these Terms.
C. Accurate Information. In
consideration of your (1) access to and viewing of this Site, (2) access to and viewing of the data, information,
content, and materials contained on this Site, and (3) ability to access the Platform and Services through this
Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any
registration form(s), input pages, software as a services agreements, and/or license agreements on any of the
Platform, and (ii) to maintain and update all such information to keep it true, accurate, current and complete. If
any information provided by you is untrue, inaccurate, not current or incomplete, Paycove has the right to prevent
your access to this Site and/or any of the Platform accessible through this Site.
D. Verification. You
agree that we may verify your identity at any time during or after registration for access to any of the Platform.
You authorize us to make any inquiries we consider necessary to validate your identity, which may include asking you
for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm
ownership of your email address or financial instruments, ordering a credit report, or verifying information you
provide against third party databases or through other sources. If you either (1) do not provide any such requested
information, and/or (2) Paycove cannot verify your identity, you agree that Paycove may refuse to allow you access
to and use of this Site any of the Platform.
E. Login and Password. You agree and understand that you are
solely responsible for maintaining the confidentiality of any of your personal login information, including, but not
limited to any password(s), LoginID(s), e-mail address(es), and mobile number(s) that allow you to access and use
the Platform and Services, accessible through this Site.
F. Use with Your Mobile Device. Access to and use of
(1) this Site, (2) the data, information, content, and materials contain on this Site, and/or (3) the Platform and
Services accessible through this Site, may be available through a compatible mobile device, Internet and/or network
access and may require software or other equipment. You agree that you are solely responsible for these
requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your
mobile device and telecommunications provider. PAYCOVE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THIS
SITE AND/OR THE PLATFORMS AND SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY
INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO
TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THIS SITE, THE PLATFORMS AND/OR THE SERVICES.
G.
Interruption. You agree that neither Paycove nor its Suppliers will be liable to you in any way for the
termination, interruption, delay or inaccuracy of this Site.
USER RESPONSIBILITIES; MONITORING
A. User Conduct. By accessing and viewing this Site, you agree that you will not do any of the
following:
1. Restrict or inhibit any other user in any way from using and enjoying this Site, the Materials,
the Platform, and the Services; or
2. Post or transmit any unlawful, fraudulent, libelous, defamatory,
obscene, pornographic, profane, threatening, abusive, discriminatory, hateful, offensive, or otherwise objectionable
information of any kind, including without limitation any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national
or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post or
transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment
schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Paycove in
writing) or engage in spamming or flooding; or
4. Post or transmit any information, software, or material
which contains a virus, trojan horse, worm and/or other harmful component; or
5. Post, publish, transmit,
reproduce, distribute or in any way exploit any Materials contained on the site and/or Materials and software
obtained through the Platform for commercial purposes (other than as expressly permitted by the provider(s) of the
Services on the Platform); or
6. Use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or
search the Platform, the Materials contained therein, and/or the Services accessed thereon, other than as the
provider(s) of the Platform and Services permit; or
7. Attempt to decipher, decompile, disassemble, or
reverse-engineer any of the software comprising or in any way making up any of the Platform and/or
Services.
8. Post or transmit data revealing racial or ethnic origin, political opinions, religious or
philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the
purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's
sex life or sexual orientation.
B. Site Monitoring / Other Users' Use. Paycove has no obligation or
duty to monitor this Site, and/or any of the Platform accessed through this Site. However, you agree that Paycove
and its Suppliers have the right to monitor this Site and the Platform electronically, from time to time, and to
disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental
request; (2) operate this Site and the Platform properly; and/or (3) protect itself, its Suppliers and/or its
customers. Paycove further reserves the right to refuse to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of
these Terms.
ELECTRONIC COMMUNICATIONS
A. Emails. Paycove and its Suppliers may, from time to time, provide you with a way to contact us through this
Site so that we may communicate electronically. All such electronic communications will be received or otherwise
recorded by Paycove and its Suppliers, and are subject to archival, monitoring or review by and/or disclosure to,
someone other than the recipient. All such electronic communications may involve the electronic transmission you
provided to us of information that you may consider to be personal information, and you agree and consent to such
transmission of such information. You agree not to use e-mail to transmit any confidential personal
information.
You consent to receive communications from us electronically. We will communicate with you by
e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such communication be in
writing.
You give us express permission to send e-mails to email addresses or individuals associated with
your business. Emails will typically provided us directly or stored with a third party service associated with
your account, such as a Customer Relationship Management ("CRM") tool. Furthermore, you will not provide
any emails or personal information for any user who does not have permission to receive emails from you.
B.
Recording. In connection with your use of this Site and the Platform and Services accessible through this
Site, you acknowledge and consent to the taping or any form of electronic recording of any communication,
electronic or otherwise, between you and Paycove, its Suppliers, and/or their representatives or agents.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
A. Copyright Ownership. As between you and Paycove, Paycove and its Suppliers (1) own and license various Materials,
and (2) provide the Services through computer and technological software (the "Software") contained on and
made available through the Platform. Any such Software and Materials are protected pursuant to United States
copyright laws and other applicable laws. You agree not to remove or alter any copyright notice or any other
proprietary notice on this Site, the Platform, the Materials, and any related Software accessible through your
subscription to any Services on the Platform. You agree to not display, make commercial use of, copy, distribute,
make derivative works from, sell, sublicense, or otherwise exploit any portion of this Site, the Platform, the
Materials, and/or the Software except as authorized within (i) these Terms, and (ii) the individual agreements
and/or terms and conditions posted on each Platform. You agree that if you violate this Section of these Terms
and/or any such individual agreements and/or terms and conditions posted on each Platform, Paycove and its Suppliers
may automatically terminate your permission to access and use this Site, the Materials on this Site, the Platform,
and the Services.
B. Trademarks; Patents. Paycove and its Suppliers do not grant any license or other
authorization to you of their trademarks, logos, service marks, trade dress, or other source-identifying symbols or
devices, whether registered or unregistered, (the "Trademarks") by placing them on this Site, within the
Materials contained on this Site, or on any Platform, or otherwise. You agree to not display, use, copy, distribute,
infringe on, counterfeit, or otherwise exploit the Trademarks except as authorized within (i) these Terms, and (ii)
the individual agreements and/or terms and conditions posted on each Platform. Paycove and its Suppliers do not
grant any license or other authorization to you of their design or utility patents, whether registered or
unregistered (the "Patents") by providing you access to the underlying material of such Patents, through
this Site and/or the Platform. You agree to not display, use, copy, distribute, reverse engineer or otherwise
exploit the Patents except as authorized within (i) these Terms, and (ii) the individual agreements and/or terms and
conditions posted on each Platform.
C. Custom Development.
You acknowledge and agree that any (proposed or actual) updates or technical developments to the site and
documentation thereto, whether proposed or effected by you or any third party, and regardless of any contribution
(monetary or otherwise) to any of the same by you, shall be the sole and exclusive property of Paycove and that all
intellectual property rights arising therefrom or related thereto shall also be the sole and exclusive property of
Paycove. Additionally, you shall not challenge Paycove's intellectual property rights in and to the site, updates,
technical developments or documentation.
PAYMENT
Some Services, and/or products on or accessed through each of the
Platform may be made available for purchase individually from time to time. By registering for such Services and/or
products from Paycove and its Suppliers, and/or purchasing products through the Platform, you represent, warrant and
acknowledge that: (1) you are eighteen (18) years of age or older, (2) you shall be bound by the provisions contained
within (i) these Terms, and (ii) the individual agreements and/or terms and conditions posted on each Platform. You
further agree to be bound by any credit processes, and cancellation and refund policies posted within the individual
agreements and/or terms and conditions posted on each Platform.
THIRD PARTY SERVICES
A. Third Party
Offers. In connection with your access to and viewing of this Site, you may be made aware of other services, products,
offers and promotions provided through third parties, and not by Paycove ("Third Party Services"). If you
decide to use Third Party Services, you are responsible for reviewing and understanding the agreements, terms and
conditions governing any Third Party Services. You agree that the third party, and not Paycove or its Suppliers, is
responsible for the performance of the Third Party Services. This Site and the Platform may contain or reference links
to third parties' websites and platforms where the trading of securities is possible. Some of those links are
provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation,
sponsorship, endorsement, approval, investigation, verification or monitoring by Paycove of any information contained
in any third party's website or platform. In no event will Paycove be responsible for the information contained in
such third party website or platform or for your use of or inability to use such website or platform. Access to any
other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain
terms and privacy policies that are different from those of Paycove. Paycove and its Suppliers are not responsible for
such provisions and expressly disclaim any and all liability for the same.
FAILURE TO COMPLY WITH TERMS AND CONDITIONS AND TERMINATION
You acknowledge and agree that Paycove and its Suppliers may deny you access to this Site and any part of the
Platform and Services without prior notice if you engage in any conduct or activities that Paycove, in its sole
discretion, believes violate any of these Terms, violate the rights of Paycove or its Suppliers, or is otherwise
inappropriate for continued access. You agree to defend, indemnify and hold Paycove and its Suppliers harmless from
any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from
(1) your use of this Site, the Materials contained on this Site, the Platform, and the Services, (2) whether by you or
users of your account.
DISCLAIMER OF WARRANTIES
Your use of this Site, the Materials contained on this Site, the Platform, and/or the Services, is entirely at
your own risk. THE PLATFORMS AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, PAYCOVE AND ITS SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR
STATUTORY REGARDING THIS SITE, THE MATERIALS ON THIS SITE, AND/OR THE PLATFORMS AND SERVICES ACCESSIBLE THROUGH THIS
SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND
NON-INFRINGEMENT. PAYCOVE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE PLATFORMS, REGARDLESS OF WHO
ORIGINATES THAT CONTENT. PAYCOVE AND ITS SUPPLIERS DO NOT WARRANT THAT THE PLATFORMS ARE SECURE, FREE FROM BUGS,
VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THIS SITE, THE MATERIALS CONTAINED ON THIS SITE, AND/OR
THE PLATFORMS AND THE SERVICES ACCESSED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND
AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY DATA, INFORMATION, CONTENT, MATERIALS, AND/OR
THE SERVICES CONTAINED IN OR ACCESSED THROUGH THE PLATFORMS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYCOVE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION
FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PAYCOVE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAYCOVE AND
YOU. PAYCOVE AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE MATERIALS, THE PLATFORMS, AND/OR THE SERVICES
WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PAYCOVE's LIABILITY TO YOU
FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF
$500.00.
MISCELLANEOUS
A. Entire Agreement. Except as expressly set forth in these Terms, these Terms are a complete statement of the
agreement between you and Paycove, and set forth the entire liability of Paycove and its Suppliers and your exclusive
remedy with respect to your access and use of this Site. In the event of a conflict between these Terms and the
individual agreements and/or terms and conditions posted on each Platform, such other individual agreement and/or
terms and conditions posted on each Platform shall prevail.
B. Interpretation; Choice of Law; Headings;
Reservation of Rights. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall
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. The Terms will be governed by
Wisconsin law, without regard to its choice of law or conflicts of law principles. Headings are included for
convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that
Paycove may have under trade secret, copyright, patent or other laws.
C. ARBITRATION. IT IS IMPORTANT THAT YOU
READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH
ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO
LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE
RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL
COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. All matters concerning the validity and
interpretation of and performance under these Terms shall be resolved before a single arbitrator in accordance with
the Rules of the American Arbitration Association in the State of Wisconsin, County of Dane and City of Madison. The
award of the arbitrator shall include a written explanation of his or her decision and be limited to remedies
otherwise available under these Terms and shall be binding upon the you and Paycove and enforceable in any court of
competent jurisdiction.
PRIVACY POLICY
By accepting these Terms, you also agree to accept the terms of our
Privacy Policy, as updated and amended from time to time.
