Payer Terms of Use

Effective date: 4th November 2022

Terms of Use

1.     Welcome

FeeWise US Corporation (“FeeWise,” “we,” or “us”), allows law firms (collectively, the “Firms”) to accept payments from their clients (“you,” “your,” “yours”) via payment link, payment app, QR code, and any other payment method provided on its website (“FeeWise Payments”) that integrates with a third-party payment processing provider (collectively, “Payment Processor”).

Please review these Terms of Use (“Terms of Use”) carefully before using our website or the FeeWise Payments provided through our website (collectively referred to as the “Sites”). All users of the Sites agree that access to and use of the Sites is subject to these Terms of Use. Defined terms are capitalized in these Terms of Use.

We reserve the right to vary or modify these Terms of Use at any time without prior notice. Any subsequent access, viewing or otherwise using the Sites will constitute an acceptance of the variations or modifications. These Terms of Use and your access to the Sites may be terminated at any time without notice by FeeWise, acting reasonably. The provisions relating to Privacy, Intellectual Property, Disclaimer and Liability, Indemnification, Disputes, Class Action Waiver, Jury Trial Waiver, Applicable Law and Severability shall survive any termination of these Terms of Use.

If you do not agree to these Terms of Use, do not use our Sites.

2.     FeeWise Payments and Limitations

By using FeeWise Payments, you agree and acknowledge that FeeWise is not a payment processor, and is not responsible for compliance with applicable laws, rules and regulations specifically applicable to payment processors. Rather, any payment processing associated with the Sites is provided to FeeWise by Payment Processor, in accordance with separate arrangements which FeeWise has entered into with Payment Processor.

As a condition to use FeeWise Payments, you agree to provide us with accurate and complete information related to your use of FeeWise Payments and authorize us to share such information and transaction information with the Payment Processor pursuant to our Privacy Policy.  

The Sites may include links, integrations, or connections to third-party websites, applications, or services such as those of Payment Processor. Such connections do not imply review or endorsement by us. You proceed at your own risk to a third-party website, application, or service. We do not warrant, and are not responsible for, the services, products, statements, or claims made by or about a third-party, or the actions or omissions of any third-party. You must review and comply with any third-party terms of service or other provisions.

Accordingly, FeeWise is not liable for any loss in connection with the services provided by the Firms, or for any loss in connection with the processing of payments by Payment Processor.

Any complaints, refund inquiries or any other issues arising out of or in connection with the services that the Firms provide should be directed to the relevant Firm. Any inquiries relating to chargebacks or fraudulent transactions should be directed to your issuing bank, or to the relevant Firm.

3.     Rights of Access and Use

FeeWise grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Sites. All rights not expressly granted to you in these Terms of Use are reserved and retained by FeeWise or its licensors, suppliers, Payment Processor, publishers, rights holders, or other content providers. You may use our Sites only as permitted by these Terms of Use, and subject to the restrictions on certain prohibited uses set forth in Section 8 of these Terms of Use.

4.     Privacy

Your submission of personal information through the Sites or by any other method is governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. You agree that we may use, disclose, store and maintain personal information according to our Privacy Policy, as amended from time to time.

We may use cookies and other internet tracking technologies to collect information from your computer, mobile or other device. You do not have to agree to cookies, and you may change your settings to refuse cookies.

5.     Electronic Communications

We may need to provide you with certain communications, notices, agreements, or disclosures (“Communications”) in writing regarding the Sites. Similarly, when you use any of our Sites or send e-mails, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, or by posting e-mail messages or communications on our Sites.

You agree and consent to receive Communications electronically from FeeWise, our affiliates, and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You agree that communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also acknowledge and agree that you have the ability to receive Communications electronically.

You may withdraw your consent to receive Communications electronically at any time by sending us notice specifying your request to: support@getfeewise.com. If you choose to withdraw your consent, we may terminate your access to the Site.

6.     Intellectual Property

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, logos, button icons, photographs, video clips, audio clips, digital downloads, data compilations and other content (collectively, the "Content"), are owned, controlled, or licensed to us by Content suppliers and are protected by American and international copyright and authors' rights laws and (where applicable) database right laws. Between you and us, we own all right, title, and interest to the Sites and the Content, all components and derivative works of the Sites and the Contents, all feedback related to the Sites and the Content, and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the Sites or the Content. You acquire no ownership interest, derivative work, or component of the Sites or the Contents through your use of them.

Other than to the extent necessary to use our Sites for their permitted purpose and in accordance with these Terms of Use, you may not copy, extract and/or re-utilise any content of our Sites without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of any of our Sites or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of our Sites or its content without our express written consent.

All materials on the Sites (as well as the organization and layout of the Sites) are owned or copyrighted or licensed by FeeWise, the Firms or Payment Processor, their affiliates or their suppliers, as applicable. All rights reserved. No reproduction, distribution, or transmission of the copyrighted Sites materials is permitted without the written permission of FeeWise or the Firms or Payment Processor, as applicable. Any rights not expressly granted herein are reserved. Without FeeWise’s, the Firm’s or Payment Processor’s, as applicable, prior permission, you agree not to display or use in any manner, any of FeeWise’s, the Firm’s or Payment Processor’s trademarks, whether registered or unregistered.

7.     Permitted Use

The Sites are provided as a service to our customers in the United States. The materials on our Sites are not available for use outside of the United States. If you use our Sites from locations outside of the United States, you are responsible for compliance with any applicable local laws. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services. You must be 18 years of age or older to use the Sites. The Sites and the Content is intended solely for personal, non-commercial use.

8.     Prohibited Uses

You will not do any of the following in connection with the Sites or the Contents, collectively the “Prohibited Uses”:

  • Copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Content or the Sites;
  • Post or transmit libellous or otherwise unlawful, abusive, or obscene material;
  • Interfere with another user’s use and enjoyment of the Sites;
  • Violate any law or any rights of any third-party, including any copyright, trademark, privacy, or other personal or proprietary right;
  • Use or export the Sites, the Content, or the products in violation of US export laws and regulations;
  • Attempt to gain unauthorized access to the Sites, computer systems, or networks related to the Sites;
  • Use a false email, create a false identity, or attempt to mislead others as to the identity of the origin of any feedback, comments, or other data or communications;
  • Interfere with or disrupt the integrity or performance of the Sites or attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Sites;
  • Transmit material containing viruses, malware, or other harmful or deleterious computer code, files, scripts, agents, or programs; or
  • Decompile, disassemble, or reverse engineer the Sites, or attempt to obtain or perceive the source code from which any component of the Sites is compiled or interpreted.

9.     Suspension of Your Access

We may suspend your access to the Sites immediately and indefinitely if we, in good faith, believe: that you have materially breached any provision of these Terms of Use; that you are using the Sites in a manner that threatens the security, integrity, or reliability of the Sites; that there has been unauthorized access or fraud related to the Sites; that information provided in connection with the Sites is untrue or inaccurate; or that the provision of the Sites (or a portion thereof) will expose us or you to legal, regulatory, or compliance risk.

10.     Errors, Inaccuracies, and Omissions

The Sites and the Content may contain typographical, technical, photographic, or other errors, inaccuracies, or omissions, including related to descriptions, pricing, promotions, offers, and availability. We do not guarantee that the Content on our Sites is accurate, complete, or current. We have the right, but not the obligation to correct any errors, inaccuracies, or omissions. We reserve the right to change or update information, if any information on the Sites is inaccurate at any time without prior notice.

11.     Changes to the Sites

You acknowledge that the Sites and the Contents, including any product or feature, may be updated, removed, or otherwise be subject to change in our sole discretion and without notice to you. You agree that we will not be liable to you or any third-party for any change, suspension, or discontinuance of the Sites, the Contents, or any product offered through the Sites.

12.     Disclaimer and Liability

EXCEPT AS EXPRESLY WARRANTED BY US, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES, THE CONTENT, AND THE PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We expressly disclaim any warranties of security of data. We do not warrant or make any representations concerning the accuracy, completeness, or usability of the Sites or the Content. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through the Sites. We make no warranty or representation on the basis of trade usage, course of dealing, or course of performance. The Sites may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.

YOU ACKNOWLEDGE THAT FEEWISE IS NOT A PAYMENT PROCESSOR, THE PAYMENT PROCESSING IS A THIRD-PARTY SERVICE AND IS BEING PROVIDED BY A THIRD-PARTY PAYMENT PROCESSOR. YOU ACKNOWLEDGE AND THAT FEEWISE HAS NO LIABILITY IN RELATION TO PAYMENT PROCESSING OR LAWS, RULES OR REGULATIONS GOVERNING PAYMENT PROCESSING.

WE HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. To the fullest extent permitted by law, you agree to limit claims for damages (or other monetary relief) against us to direct and actual damages regardless of the theory of liability. This means that you will not seek any indirect, incidental, special, consequential, treble, or punitive damages from us. These disallowed damages include, but are not limited to, damages arising out of unauthorized access to, loss, or theft of your information, or data, lost profits, costs of delay, failure of delivery, business interruption, costs of procurement of substitute goods, services, or technology, or liabilities to third parties arising from any source. These limitations apply regardless of the cause of the damages, including negligence by us, the Firm’s or the Payment Processor, third-party providers, licensors, or suppliers. These limitations apply even if we have been advised of the possibility of such damages. These limitations apply without regard to whether other provisions of these Terms of Use have been breached or proven ineffective. These limitations also apply to any claims you may bring against any third-party to the extent that we would be required to indemnify that third-party for such claim.

WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. You agree that we are not liable for delays, problems, or damages caused by you or a third-party, by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics), or by any criminal activity by someone unrelated to us.

YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. To the fullest extent permitted by law you and we each agree that all claims related to these Terms of Use must be brought within 2 years of the date the claim arises (even if applicable law provides for a longer statute of limitations).

YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations of liability in this Section 12 constitute an important part of these Terms of Use and are among the reasons you and we are willing to enter into the agreements in these Terms of Use.

13.     Indemnification

You agree to defend, indemnify, and hold us, our affiliates, and Payment Processor, our third-party providers, licensors, and suppliers, along with our and their respective directors, officers, employees, and agents, harmless from any claims, damages, losses, or costs (including reasonable attorneys’ fees and expenses) arising out of your use of the Sites or your breach of any representation, warranty, or other provision of these Terms of Use.

14.     Dispute Resolution

For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim to: support@getfeewise.com. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.

15.     Class Action Waiver

You and FeeWise each agree that any proceedings, whether in arbitration or court, will be conducted only on an individual basis and not as a class, representative, mass, or consolidated action.

16.     Jury Trial Waiver

If a claim proceeds in court rather than through arbitration, you and FeeWise each waive any right to a jury trial.

17.     Applicable Law

These Terms of Use are governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to the conflicts of laws rules. Foreign laws do not apply. Any dispute relating in any way to these Terms of Use will only be adjudicated in the courts of Delaware. You and FeeWise agree to the exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either you or FeeWise may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of your or FeeWise’s, your or our respective affiliates' or any third-party's intellectual property or other proprietary rights.

18.     Notices

You may deliver notices to us by email to: support@getfeewise.com. If you are commencing an arbitration or legal proceeding against us, you must send notice of the arbitration or legal proceeding via email to: support@getfeewise.com We may deliver notices to you by posting the notice on the Site. Electronic notices are considered delivered when sent or posted.

19.     Waiver

You and FeeWise cannot waive any provision of these Terms of Use except in writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these Terms of Use or any of our rights is not a waiver of any provision or right.

20.     Severability

If any part of these Terms of Use is held invalid or unenforceable, that part may be severed from these Terms of Use to the minimum extent necessary to cure such invalidity or unenforceability.

 

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