Terms of Service (“Terms”)
Welcome to Eystx!
This Eystx Services Agreement includes this introduction, the General Terms, Definitions, Services Terms, and incorporated documents and terms (“Agreement”) and forms a legal agreement between Eystx Ltd. (“Eystx”) and the entity or sole proprietor on whose behalf an Eystx account is created (“you” and “your”) to receive certain payment processing, data, technology, and analytics, or other business services offered by Eystx and its Affiliates. This Agreement states the terms and conditions that apply to your use of the Services.
This Agreement is effective upon the date you first access or use the Services (“Effective Date”) and continues until you or Eystx terminates it (this period, the “Term”). Capitalized terms used in this Agreement that are not defined inline are defined in the Definitions.
Please read these terms and conditions carefully before using Our Service.
You and Eystx agree as follows:
1. Your Eystx Account.
Eystx and its Affiliates may provide Services to you or your Affiliates in other countries or regions under separate agreements. You and your Representative must not attempt to create an Eystx Account on behalf of or for the benefit of a user whose use of the Eystx services was suspended or terminated by Eystx unless Eystx approves otherwise.
1.2 Business Representative.
You and your Representative individually affirm to Eystx that
(a) your Representative is authorized to provide User Information on your behalf and to bind you to this Agreement; and
(b) your Representative is an executive officer, senior manager, or otherwise has significant responsibility for the control, management, or direction of your business. Eystx may require you or your Representative to provide additional information or documentation demonstrating your Representative’s authority.
1.3 Sole Proprietors.
If you are a sole proprietor, you and your Representative also affirm that your Representative is personally responsible and liable for your use of the Services and your obligations to Customers, including payment of amounts you owe under this Agreement.
1.4 Age Requirements.
If you are a sole proprietor, and you are not old enough to enter into a contract on your behalf (which is commonly but not always 18 years old), but you are 13 years old or older, your Representative must be your parent or legal guardian. If you are a legal entity that is owned, directly or indirectly, by an individual who is not old enough to enter into a contract on their behalf, but the individual is 13 years old or older, your Representative must obtain the consent of either your board or an authorized officer. The approving board, authorized officer, parent, or legal guardian is responsible to Eystx and is legally bound to this Agreement as if it had agreed to this Agreement itself. You must not use the Services if you are under 13 years of age.
2. Services and Support.
Eystx (and its Affiliates, as applicable) will make available to you the Services, including those described in Eystx.com under the product tab, and, if applicable, give you access to Eystx Studio Dashboard.
2.2 Service Modifications and Updates.
Eystx may modify the Services and Eystx Technology at any time, including adding or removing functionality or imposing conditions on the use of the Services. Eystx will notify you of material adverse changes in, deprecations to, or removal of functionality from, Services or Eystx Technology that you are using. Eystx is not obligated to provide any Updates. However, if Eystx makes an Update available, you must fully install the Update by the date or within the period stated in Eystx’s notice; or, if there is no date or period stated in the notice, then no later than 30 days after the date of the notice.
Eystx may subcontract its obligations under this Agreement to third parties.
2.4 Services Restrictions.
You may only use the Services for business purposes. You must not, and must not enable or allow any third party to:
(a) use the Services for personal, family, or household purposes;
(b) act as a service bureau or pass-through agent for the Services with no added value to Customers;
(c) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited, or access or attempt to access non-public Eystx systems, programs, data, or services;
(d) except as Law permits, reverse engineer or attempt to reverse engineer the Services or Eystx Technology;
(e) use the Services to engage in any activity that is illegal, fraudulent, deceptive, or harmful;
(f) perform or attempt to perform any action that interferes with the normal operation of the Services or affects other Eystx users’ use of Eystx services; or
(g) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any part of the Services, Documentation, or the Eystx Website except as permitted by Law.
2.5 Beta Services.
(a) Classification. Eystx may classify certain Eystx services or Eystx Technology, including a particular release or feature, as Beta. Eystx service may be generally available in some circumstances (e.g., in some countries or regions) while still classified as Beta in other circumstances.
(b) Nature of Beta Services. By their nature, Beta Services may be feature-incomplete or contain bugs. Eystx may describe limitations that exist within a Beta Service; however, your reliance on the accuracy or completeness of these descriptions is at your own risk. You should not use Beta Services in a production environment until and unless you understand and accept the limitations and flaws that may be present in Beta Services.
(c) Feedback. Unless Eystx otherwise agrees in writing, your use of Beta Services is confidential, and you must provide timely Feedback on the Beta Services in response to Eystx requests.
(d) Availability During Beta Period. Eystx may suspend or terminate your access to any Beta Services at any time.
Eystx will provide you with support to resolve general issues relating to your Eystx Account and your use of the Services through resources and documentation that Eystx makes available on the Eystx Website and in the Documentation. Eystx’s support is also available by contacting Eystx at contact us. Eystx is not responsible for providing support to Customers.
2.7 Third-Party Services.
3. Information; Your Business.
3.1 User Information.
Upon Eystx’s request, you must provide User Information to Eystx in a form satisfactory. You must keep the User Information in your Eystx Account current. You must promptly update your Eystx Account with any changes affecting you, the nature of your business activities, your Representative, beneficial owners, principals, or any other pertinent information. You must immediately notify Eystx, and provide Eystx with updated User Information, if
(a) you experience or anticipate experiencing a Change of Control;
(b) you experience or anticipate experiencing a material change in your business or financial condition, including if you experience or are likely to experience an Insolvency Proceeding;
(c) the regulatory status of the business for which you are using the Services changes, including if it becomes subject, or no longer subject, to regulatory oversight; or
(d) a Governmental Authority has notified you that you or your business is the subject of investigative action.
3.2 Information Retrieved by Eystx.
You authorize Eystx to retrieve information about you and your business from Eystx’s service providers and other third parties, including credit reporting agencies, banking partners, and information bureaus, and you authorize and direct those third parties to compile and provide that information to Eystx. This information may include your, or your Representative’s, name, addresses, credit history, banking relationships, and financial history.
4. Services Fees; Taxes.
4.1 Services Fees.
The Fees are stated on the Eystx Pricing Page. Due to each client’s needs changing, the proposals are created specially, Pricing Page prices will be the basis for clients. Proposals will be sent via Email to our clients on their needs and prices may vary. For this reason, Eystx may revise the Fees at any time. If Eystx revises the Fees for a Service that you are currently using, Eystx will notify you at least 30 days before the revised Fees apply to you.
4.2 Collection of Fees and Other Amounts.
You must pay, or ensure that Eystx can collect, Fees and other amounts you owe under this Agreement when due. Eystx may deduct, recoup or set off Fees and other amounts you owe under this Agreement, or under any other agreements, you have with Eystx or any of its Affiliates, from your Eystx Account balance, or invoice you for those amounts. If you fail to pay invoiced amounts when due, if your Eystx Account balance is negative or does not contain funds sufficient to pay amounts that you owe under this Agreement, or under any other agreement with Eystx or any of its Affiliates, or if Eystx is unable to collect amounts due from your Eystx Account balance, then Eystx may, to the extent Law permits, deduct, recoup or setoff those amounts from:
(a) if established and applicable, each Reserve;
(b) funds payable by Eystx or its Affiliate to you or your Affiliate;
(c) if established, each User Affiliate Reserve;
(d) each User Bank Account; and
(e) the Eystx account balance of each Eystx account that Eystx determines, acting reasonably, is associated with you or your Affiliate. If the currency of the amount being deducted is different from the currency of the amount you owe, Eystx may deduct, recoup or set off an amount equal to the amount owed (using Eystx’s conversion rate) together with any fees Eystx incurs in making the conversion.
4.3 Debit Authorization.
Without limiting Section 4.2, you authorize Eystx to debit each User Bank Account without separate notice, and according to the applicable User Bank Account Debit Authorization, to collect amounts you owe under this Agreement. If Eystx is unable to collect those amounts by debiting a User Bank Account, then you immediately grant Eystx a new, original authorization to debit each User Bank Account without notice and according to the applicable User Bank Account Debit Authorization. Eystx may rely on this authorization to make one or more attempts to collect all or a subset of the amounts owed. Your authorization under this Section 4.3 will remain in full force and effect until
(a) all of your Eystx Accounts are closed; or
(b) all fees and other amounts you owe under this Agreement are paid, whichever occurs later. If applicable debit scheme authorization rules grant you the right to revoke your debit authorization, then to the extent Law permits, you waive that right.
Eystx’s fees include income Taxes, except as the Eystx Pricing Page states to the contrary. You have sole responsibility and liability for:
(a) determining which, if any, Taxes or fees apply to the sale of your products and services, acceptance of donations, or payments you make or receive in connection with your use of the Services; and
(b) assessing, collecting, reporting, and remitting Taxes for your business. If Eystx is required to withhold any Taxes, Eystx may deduct those Taxes from amounts otherwise owed to you and pay those Taxes to the appropriate taxing authority. If you are exempt from paying or are otherwise eligible to pay a reduced rate on, those Taxes, you may provide Eystx with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status or reduced rate eligibility, in which case Eystx will not deduct the Taxes covered by the certificate. You must provide accurate information regarding your tax affairs as Eystx reasonably requests, and must promptly notify Eystx if any information that Eystx prepopulates is inaccurate or incomplete. Eystx may send documents to you and tax authorities for transactions processed using the Services. Specifically, Law may require Eystx to file periodic informational returns with taxing authorities related to your use of the Services. Eystx may send tax-related information electronically to you.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
6. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will 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.
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is e-material We will make reasonable efforts to provide at least 30 days’ notice before any new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.