Terms of service

• Service means the Paycux platform, dashboard, APIs and related documentation made available to Subscriber.
• Subscriber App means the application(s) into which Subscriber integrates the Service.
• App End-Users means the people who ultimately use a Subscriber App.
• Order Form means a signed document that sets out pricing, service tier and other commercial terms for a Subscriber.
• Subscriber Data means data Subscriber or its App End-Users submit to the Service, including personal data processed on Subscriber’s behalf.

Subject to this Agreement and timely payment of fees, Paycux would grant Subscriber a limited, revocable, non-exclusive, non-transferable right to access and use the Service for Subscriber’s internal business purposes, within the limits of the applicable service tier.

Where the Service includes code or libraries that Subscriber installs into a Subscriber App, Paycux would grant a corresponding limited licence to install, run and distribute that code solely as embedded in the Subscriber App.

Fees, billing frequency and payment terms would be set out in the applicable Order Form or in-product plan. Unless stated otherwise, fees are non-refundable and exclusive of taxes, which are Subscriber’s responsibility. Late payment may result in suspension after notice.

Subscriber is responsible for configuring the Service correctly for its own use case, including any automated workflows, connections or integrations it sets up through the dashboard or API.

Subscriber agrees not to, and not to permit others to:

• Reverse engineer, decompile or attempt to extract the source code of the Service, except where the law expressly allows it.
• Use the Service to build a directly competing product.
• Interfere with or disrupt the integrity or performance of the Service.
• Use the Service in a way that violates applicable law, including data protection law.

Paycux may suspend access, with notice where practicable, if Subscriber materially breaches this Agreement, poses a security risk to the Service, or if payment is significantly overdue.

Paycux would use commercially reasonable efforts to make the Service available in line with the applicable service tier, and to maintain reasonable security and support practices, as described in the rest of this Agreement and any DPA or SLA that applies to Subscriber.

Each party represents that it has the authority to enter into this Agreement and that doing so does not conflict with any other agreement it is bound by.

Except as expressly stated in this Agreement or an applicable Order Form, the Service is provided “as is,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.

Features labelled beta, preview or early access are provided without warranty and may change or be discontinued at any time. Free trials run for the period stated at sign-up and may be ended or extended at Paycux’s discretion; Subscriber Data associated with a trial may not be retained after it ends.

Subscriber retains ownership of Subscriber Data. Paycux would process it only to provide the Service, in line with this Agreement and the Data Processing Addendum where it applies. Subscriber is responsible for having the right to submit any personal data it sends through the Service.

This Agreement would run for the term stated in the applicable Order Form, renewing unless either party gives notice of non-renewal. Either party may terminate for the other’s uncured material breach, following written notice and a reasonable cure period. On termination, Subscriber’s right to access the Service ends, subject to any data-export or deletion terms in the DPA.

Each party agrees to protect the other’s confidential information with at least the same care it uses for its own confidential information, and not to use it outside the scope of this Agreement. This does not apply to information that is public, independently developed, or required to be disclosed by law.

Paycux retains all rights in the Service, including its underlying software, design and documentation. Subscriber retains all rights in the Subscriber App and Subscriber Data. Nothing in this Agreement transfers ownership of one party’s intellectual property to the other.

Each party would agree to defend the other against third-party claims arising from its breach of this Agreement or, in Subscriber’s case, misuse of the Service, and to cover resulting damages finally awarded or agreed in settlement, subject to the limitations below.

To the extent permitted by law, neither party would be liable for indirect, incidental or consequential damages, and each party’s total liability under this Agreement would be capped at the fees paid or payable in the twelve months before the claim, except for confidentiality breaches, indemnification obligations, or matters that cannot be limited under applicable law.