Terms of Use
1. Overview & Acceptance
1.1 These Terms of Use (“Terms”) are a legal agreement between you (“you”, “your”, “User”) and Global Pay Genius (“we”, “us”, “our”). They govern your access to and use of our website, applications, platforms, software, services (collectively the “Services”).
1.2 By accessing or using the Services (including by creating an account), you accept and agree to these Terms, together with our Privacy Policy and any other policies referenced herein. If you do not agree, you must stop using the Services.
1.3 We may amend these Terms from time to time; changes will be posted on our website and will become effective as of the “Effective Date” at the top. Your continued use of the Services after the change constitutes acceptance.
1.4 We reserve the right to change, suspend or discontinue any part of the Services at any time, with or without notice, for operational, legal or business reasons.
2. Definitions
For the purposes of these Terms:
“User Account” means any account you create with us to access certain Services.
“Payment Method” means any credit card, debit card, bank account, or other means of payment you provide or link.
“Transaction” means any payment, purchase, transfer, or other financial operation you initiate through the Services.
“Third-Party Services” means any service, application or content provided by a party other than Global Pay Genius (including payment processors, merchants, apps, or integrations).
3. Eligibility & User Registration
3.1 You represent and warrant that you have the legal capacity to enter into these Terms. If you are an individual, you are of legal age in your jurisdiction. If you act on behalf of an entity, you confirm you have authority to bind that entity.
3.2 You must provide truthful, accurate, current and complete information during registration and keep your information up-to-date.
3.3 You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your User Account. You must notify us immediately of any unauthorized use or compromise.
4. License & Access to Services
4.1 Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your internal business or personal purposes in accordance with these Terms.
4.2 You acknowledge we may impose limitations or restrictions on your access or the features available, based on your region, user type, device, or other factors.
5. Acceptable Use
You agree that you will not:
Use the Services in violation of any applicable law or the rights of any third-party.
Reverse engineer, decompile, disassemble, attempt to derive source code, or otherwise extract software components.
Upload, post or transmit any content that is unlawful, infringing, defamatory, obscene, harmful or otherwise objectionable.
Use automated means (such as bots or scrapers) to access, collect data from or interact with the Services without our express written consent.
Use the Services in a manner that disrupts, degrades or interferes with the operation of the Services or the experience of other users.
6. Payment Processing, Transactions & Financial Services
6.1 If you use the Services to process payments, initiate transfers, or otherwise transact, you authorize us and/or our partners to act on your behalf in processing such transactions.
6.2 You agree to comply with all applicable laws, regulations and our instructions related to payments, KYC (know-your-customer), AML (anti-money laundering), sanctions, tax, and other regulatory obligations.
6.3 We may impose holds, offsets, limits or suspensions on transactions or funds where we deem necessary (for example, due to suspected fraud, regulatory risk, account irregularities or our contractual obligations).
6.4 You acknowledge that if you use Third-Party Services in connection with our Services, you are responsible for understanding and complying with the applicable third-party terms.
7. Fees & Billing
7.1 Use of certain features or Services may carry fees or charges. Any such fees will be described in your agreement with us or in the applicable documentation.
7.2 You are responsible for paying all fees when due. We may suspend access to fee-based features if payment is not made.
7.3 All fees are non-refundable unless otherwise stated or required by law.
9. User Content & Feedback
9.1 The Services may allow you to submit content such as ratings, reviews, comments, photos (“User Content”). You are responsible for your User Content and for ensuring you have all necessary rights to submit it.
9.2 You grant us a worldwide, royalty-free, fully paid, transferable and sublicensable license to use, reproduce, modify, adapt, display, publish and distribute your User Content in connection with the Services, including in connection with development and improvement of our services.
9.3 You waive any moral rights in your User Content to the extent permitted by law.
9.4 You may provide feedback or suggestions (“Feedback”). You hereby irrevocably assign all rights to such Feedback to us.
10. Third-Party Services & Content
10.1 The Services may include links to, integrations with or access to Third-Party Services or content. Your access and use of any Third-Party Services may be subject to the terms and policies of those third parties.
10.2 We do not endorse, guarantee or take responsibility for any Third-Party Services or content. Your use of such Third-Party Services is at your own risk.
10.3 Except as explicitly permitted, you may not copy, distribute or create derivative works of any Third-Party content accessible through the Services.
11. Privacy & Data Protection
Our collection, use, disclosure and processing of personal data are governed by our Privacy Policy. By using the Services you consent to such practices and you agree to facilitate any verification or data-processing steps necessary for regulatory compliance (e.g., KYC/AML).
12. Disclaimers, Limitation of Liability & Indemnification
12.1 Disclaimer of Warranties. The Services are provided “as is” and “as available,” without warranty of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement.
12.2 Limitation of Liability. To the maximum extent permitted by applicable law, in no event will we, our affiliates or our licensors be liable for any indirect, incidental, special, consequential, punitive or exemplary damages (including lost profits, lost data or business interruption), arising out of or relating to these Terms or your use of or inability to use the Services. Our aggregate liability to you for all claims arising out of or relating to these Terms will not exceed the greater of (a) the total fees you paid us in the twelve (12) months prior to the claim, or (b) [Insert nominal amount].
12.3 Indemnification. You agree to defend, indemnify and hold harmless Global Pay Genius and its officers, directors, employees, affiliates and agents from and against any and all claims, liabilities, damages, losses and expenses (including reasonable legal fees and costs) arising from (i) your breach of these Terms, (ii) your misuse of the Services, (iii) your violation of law or the rights of any third-party.
13. Termination & Suspension
13.1 We may suspend or terminate your access to all or part of the Services, your User Account, or remove or block any User Content at any time, for any reason (including for violation of these Terms or suspected fraud), with or without notice.
13.2 Termination does not relieve you of any obligations incurred prior to termination (including payment obligations) which will survive.
13.3 Upon termination, we may delete or disable access to your data and content, subject to retention required by law.
14. Governing Law, Dispute Resolution & Arbitration
14.1 These Terms are governed by the laws of [Insert Jurisdiction - e.g., “Sri Lanka” or a specific state/country], without reference to its conflict of laws rules.
14.2 Except where prohibited by law, you and we agree that any dispute arising out of or relating to these Terms will be resolved by binding arbitration on an individual basis, and you waive any right to participate in a class action or class-wide arbitration.
14.3 If any portion of this arbitration clause is found unenforceable, the remainder of the Terms shall remain in full force and effect.
15. Miscellaneous
15.1 Entire Agreement. These Terms, together with our Privacy Policy and any other documents incorporated by reference constitute the entire agreement between you and us regarding the Services.
15.2 Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
15.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations.
15.4 Notices. Notices may be provided via email, posting on our website, or in-service notifications. You consent to receive electronic communications.
15.5 Force Majeure. We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control.
