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Terms & conditions

Customer Terms of Service

Electronic Fund Transfers (“EFTs”) and Account Balances. By creating Account and initiating bank deposits or withdrawals (i.e., EFTs), you agree to the Terms of Service and Privacy Policy of our financial software provider, Sila Inc. (together, the “Sila ToS”). You must comply with the Sila ToS when creating or using your CuminUp Account. The Sila ToS may be modified from time to time, and the governing version is incorporated by reference into these Terms of Service. Any term not defined in this [paragraph, section, or addendum] but defined in the Sila ToS assumes the meaning as defined in the Sila ToS. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE SILA ToS BECAUSE IT CONTAINS TERMS AND CONDITIONS CONCERNING YOUR CUMINUP ACCOUNT, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSAL,AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES

This CuminUp Terms of Service Agreement (“Agreement”) is a legal agreement between CuminUp and our affiliates or subsidiaries (collectively “CuminUp,” “we,” “us,” or “our”) and the entity or person (“you”, “your”, or “user”) who registered with CuminPay to receive certain platform, data, technology and analytics services, as well as other business services that may be offered by CuminUp and its third party providers (each, a “Service”). This Agreement describes the terms and conditions that apply to your use of the Services and our website.

Welcome to the CuminUp website (the “Website”). By accessing or using any Services and/or the website, you indicate that you have read and understand this Agreement and agree to be bound by it. You must accept the terms of the Agreement in order to access or use any Services and/or the Website. If you do not understand or have questions about the Agreement, immediately stop all access and use of the Services and/or the website and contact us at [email protected] before accessing, using the Services and/or the Website.

You may not access or use any Services or our Website unless you agree to abide by all the terms and conditions in this Agreement.

This Agreement may periodically change without notice, so you should check the Agreement before every attempt to use the website. When the Agreement is changed, the date of the latest revision will appear at the top of this page.

NOTICE OF BINDING ARBITRATION

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION” BELOW.

Website Terms and Conditions

User Conduct

You agree that you will not use the Website for any illegal purpose. In addition, you agree that:

  1. a. You will not harvest, collect or otherwise use any information made available on the website for the purpose of sending unsolicited improper communications, including without limitation, unsolicited bulk email (collectively, spam) and that you will not use any CuminUp communications facility to deliver or attempt to deliver spam
  2. b. You will not attempt to gain unauthorized access to the website, or the servers and network associated with the Website.
  3. c. You will not circumvent or attempt to circumvent any security or access control technology implemented on the website, or the servers and network associated with the Website.
  4. d. You will not use the website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service (DoS) attacks against the Website.

Copyright

CuminUp claims a copyright in its works presented at this Website. CuminUp authorizes you to view, copy, download and print CuminPay materials on this website, subject to the following conditions:

  • a. The materials may be used solely in accordance with the terms and conditions of this Agreement and subject to the Master Services Agreement entered between you and CuminUp (if any).
  • b. The documents may not be modified

No Warranties and Limitation of Liability

Information provided on the website is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose or noninfringement. CuminUp periodically adds changes, improves or updates the information and documents on the website without notice. CuminUp assumes no liability or responsibility for any errors or omissions in the content of the website. Your use of the Website is at your own risk. Under no circumstances and under no legal theory shall CuminUp, its third party providers or any other party involved in creating, producing or delivering the website’s contents be liable to you or any other person for any indirect, special, incidental or consequential damages of any character arising from your access to, or use of, the Website.

Links to Third Party Sites

If you use any links on the Website to websites not maintained by CuminUp you will leave the CuminUp website. The linked sites are not under the control of CuminUp and we are not responsible for the contents of any linked site or any link contained on a linked site. CuminUp provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by CuminUp of the site.

Service Marks – Permitted Use of CuminPay Marks

CuminUp marks identify products and services and let the public know the source of those products and services. You may not use the CuminPay logos or “design” marks (as opposed to our service marks consisting solely of words) under any circumstances without our prior written authorization.

General Terms

  1. Overview of this Agreement

This Agreement provides a general description of the Services that CuminUp or its third-party providers may provide to you (“Customers”) and your customers (“End Users”). We provide you with a more detailed description of the Services through published software libraries and application programming interfaces that may be used to access the Services (the “API”).

Before using the Services, you must register with CuminUp and create an account (a “CuminUp Account”).

Part B describes the process of registering for and using your CuminUp Account.

Part C describes your use of the API and the Services.

Part D describes the Payment Processing Services, which are one type of Service provided by CuminUp.

Part E describes proper handling, management, and use of data generated during your use of the Services, including your End Users’ data.

  1. Your Relationship with your End Users

You may only use the Services for legitimate Transactions with End Users (i.e., your Customers). You know your End Users better than we do, and you are responsible for your relationship with them. CuminUp is not responsible for the products or services you publicize or sell or if you accept donations, for your communication to your End Users of the intended use of such donations. You affirm that you are solely responsible for the nature and quality of the products or services you provide, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your End Users.

CuminUp provides Services to you but we have no way of knowing if any payment transaction, purchase, sale, donation, order, or other transaction (each a “Transaction”) is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by your End User is erroneous or suspicious.  If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your End User before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Services.

  1. Services and CuminPay Account Support

We will provide you with support to resolve general issues relating to your CuminUp Account and your use of the Services. Any details please contact us at [email protected]

You are solely responsible for providing support to your End Users regarding your services, product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your End Users unless we agree to do so in a separate agreement with you or one of your End Users.

 

Service Requirements, Limitations and Restrictions

  1. a. Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.
  2. b. Other Restricted Activities: You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public CuminPay systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.

Suspicion of Unauthorized or Illegal Use

We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with CuminUp; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, CuminPay, or others to risks unacceptable to CuminUp. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your CuminUp Account, your End Users, and Transactions made through your use of the Services.

Term and Termination

a. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or CuminUp. You may terminate this Agreement by closing your CuminPay Account at any time by providing a written notice to [email protected] so if got email mention i use this If you use the Services again or register for another CuminUp Account, you are consenting to this Agreement. We may terminate this Agreement or close your CuminUp Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you Notice.

b. Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all CuminPay and any third party service provider logos from your website (unless permitted under a separate license with the applicable third party

CuminUp Technology

  1. a. API and Developer Dashboard

CuminUp has developed and provides access to the API that may be used to access the Services. You may use the API solely as described in the documentation to use the Services on websites and through the applications identified in your CuminPay Account. You may manage your CuminUp Account, connect with other service providers, and enable additional features through the CuminUp developer (“Developer Dashboard”).  You may not use the API for any purpose, function, or feature not described in the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the API and Documentation from time to time and may add or remove functionality. We will provide you Notice in the event of material changes, deprecations, or removal of functionality from the API so that you may continue using the Services with minimal interruption.

  1. b. License

You are granted a nonexclusive and non-transferable license to electronically access and use the CuminUp IP only in the manner described in this Agreement

  1. c. Content

You may use the Services to upload or publish text, images, and other content (collectively, “Content”) to your CuminUp Account and to third-party sites or applications but only if you agree to obtain the appropriate permissions and, if required, licenses to upload or publish any such Content using the Services. You agree to fully reimburse CuminUp for all fees, fines, losses, claims, and any other costs we may incur that arise from publishing illegal Content through the Services, or claims that Content you published infringes the intellectual property, privacy, or other proprietary rights of others.

Other Services: From time to time we may offer you additional features or services either through us or our third-party service providers that may be subject to additional or different terms of service. All such additional features and services form part of the Services, and you may not use these additional services unless you agree to the applicable agreement or terms (if any) for those services.

We may also provide you access to services identified as “beta” or pre-release services. You understand that these services are still in development, may contain bugs or errors, may be feature incomplete, may materially change prior to a full commercial launch, or may never be released commercially. We provide beta services AS IS, and without warranty of any kind, and your use of, or reliance on beta services is at your own risk.

Third Party Services

CuminUp provides access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk.

  1. a. Automated Clearinghouse (ACH)

The ACH network is controlled and managed by the National Automated Clearinghouse Association (NACHA) and its member organizations

You understand and accept your role as the Originator (as defined in the NACHA Operating Rules). You agree to obtain your End User’s consent to debit or credit their bank account and initiate a Charge over the ACH network. Such consent must be in a form and manner that complies with the NACHA Operating Rules and the Documentation for ACH Transactions. As with other Payment Processing Services, you may not, and may not attempt to send or receive funds to or from a person, entity, or state where such Transactions are prohibited by applicable Law. You also agree to maintain the security and integrity of all information you collect as part of an ACH Transaction.

  1. b. Processing Transactions; Disputes

To enable us to process Transactions for you, you authorize and direct us, our affiliates and third-party service providers to receive and settle any payment processing proceeds. You appoint CuminPay as your agent for the limited purpose of directing, receiving, holding and settling such proceeds.

Except where CuminUp and a Customer have otherwise agreed, you maintain the direct relationship with your End Users and are responsible for: (i) acquiring appropriate consent to submit charges through the Service on their behalf; (ii) providing confirmation or receipts to Customers for each Transaction; (iii) verifying Customers’ identities; and (iv) determining a Customer’s eligibility and authority to complete Transactions. However, even authorized Transactions may be subject to a Dispute.

Responsibilities and Disclosures to Your End Users

It is very important to us that your End Users understand the purpose, amount, and conditions of Transactions you submit to us and our third-party service providers. With that in mind, when using the Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Transaction in the appropriate currency prior to submitting it to the API; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide End Users a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use the Services to sell products or services in a manner that is unfair or deceptive, exposes End Users to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform End Users that CuminPay and its third parties process Transactions for you.

Dormant Accounts

If you leave any funds dormant in a CuminUp Account and you do not give us instructions where to send them, we may be required by Law to deem the funds to be abandoned by you, and to deliver them to various government agencies. To the extent required by Law, we will attempt to provide you Notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property.

Data Protection and Privacy

  1. a. Confidentiality: CuminUp will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us.
  2. b. Privacy: Protection of Personal Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we may update from time to time.

 

Security and Fraud Controls

CuminUp’s Security: CuminUp is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable Laws, rules and regulation when we handle User and Personal Data.

Your Security

You are solely responsible for the security of any Data on your application and/or website, your servers, in your possession, or that you are otherwise authorized to access or handle. You will comply with applicable Laws, rules and regulations when handling or maintaining User Data and Personal Data and will provide evidence of your compliance to us upon our request. If you do not provide evidence of such compliance to our satisfaction, we may suspend your CuminUp Account or terminate this Agreement.

Fraud Risk

While we may provide or suggest Security Controls, we cannot guarantee that you or Customers will never become victims of fraud. Any Security Controls we provide or suggest may include processes or applications developed by CuminUp, its affiliates, or other companies. You agree to review all the Security Controls we suggest and choose those that are appropriate for your business to protect against unauthorized Transactions and, if appropriate for your business, independently implement other security procedures and controls not provided by us.

Limitation of Liability

Under no circumstances will any CuminUp Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or the CuminUp Entities have been advised of the possibility of such damages.

Responding to Legal Process

CuminUp (“Legal Process”) that we believe to be valid. We or any of our third party service providers may deliver or hold any funds or, subject to the terms of our Privacy Policy, any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties.