This user agreement is effective for all users as of September 2, 2019.
Jump to section:
- Welcome to WayApp Pay!
- Opening a WayApp Pay Account
- Closing Your WayApp Pay Account
- Link or Unlink a Payment Method
- Receiving Funds, Holding a Balance or Transferring Funds
- Restrictions on Payments from WayApp Pay Accounts
- Account Statements
- Buying Something From, or Returning Something to, a Seller Who Accepts WayApp Pay
- Payment Method Used for My Transaction
- Accepting Payments From Buyers for Goods and Services
- Receiving personal payments
- No surcharges
- Taxes and information reporting
- Payment review
- In-store payments
- Marketplace sellers
- Transaction Fees for Online and In-Store Payments
- Standard transaction fees
- Refunds, Reversals and Chargebacks
- Holds, Limitations, and Reserves
- What are holds, limitations and reserves
- Holds related to Marketplace transactions
- Holds based on disputed transactions
- Account Limitations
- Restricted Activities
- Prohibited Activities
- Actions We May Take if You Engage in Any Restricted Activities
- Court Orders, Regulatory Requirements or Other Legal Process
- Agreement to Arbitrate
Welcome to WayApp Pay!
This user agreement is a contract between you and WayApp, Inc. governing your use of your WayApp Pay account and the WayApp Pay services. It applies to U.S. WayApp Pay accounts only. If you are an individual, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a U.S. WayApp Pay account and use the WayApp Pay services. If you are a business, the business must be organized in, operating in, or a resident of, the United States or one of its territories to open a U.S. WayApp Pay account and use the WayApp Pay services.
By opening and using a WayApp Pay account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the Privacy Statement.
Please read carefully all of the terms and conditions of this user agreement, terms of these policies and each of the other agreements that apply to you.
We may revise this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will send you a notice and provide you at least 21 days advance notice. By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.
Opening a WayApp Pay Account
You register on WayApp Pay and automatically get one WayApp Pay payment card ("QR"). You can additionally setup more payment cards ("QRs"), each with their own balance and independent use.
Yu can install your QRs on your mobile phone, and even share them with other users. Keep in mind that by sharing them with other users, you assume all the responsibility of this User Agreement.
Installed QRs are used to pay from your mobile ("transactions") at any business in the WayApp Pay network.
QRs by default function as a prepaid account. The balance of each QR can be top-up by means provided on the account. These means may include using credit cards, debit cards, or transferring from a linked a bank account from which funds will be verified and withdrew.
QRs can also be used in postpaid mode by linking a bank account from which funds will be verified and withdrew at the time of payment.
From the WayApp Account you can decide to register one or more Businesses. Business accounts can accept payments ("transactions") from holders of QRs by scanning them from their mobile phones. There is also a backup method for accepting payments.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your WayApp Pay account and the WayApp Pay services. You must keep your mailing address, email address and other contact information current in your WayApp Pay account profile.
WayApp Pay Payment Card ("QR")
If you primarily need to make purchases, you likely will never register any business. With QRs, you can primarily pay for goods and services.
If you plan to use your WayApp Pay account primarily to sell things, you will need to register one or more businesses in your WayApp Pay account. You can add a business to your WayApp Pay account at any moment.
Registering a Business
We recommend registering a business on your WayApp Pay account to people and organizations that primarily use WayApp Pay to sell goods or services or accept donations, even if your business is not incorporated. With a registered business on your WayApp Pay account, you can use a company or business name as the name on your WayApp Pay account.
WayApp Pay accounts with registered businesses, may be subject to additional fees.
By registering a business on your WayApp Pay account, you certify to us that you are using it primarily for a business or commercial purpose. You also consent to WayApp Pay obtaining your personal and/or business credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your WayApp Pay account.
Closing Your WayApp Pay Account
You may close your WayApp Pay account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your WayApp Pay account even after the WayApp Pay account is closed. When you close your WayApp Pay account, we will cancel any scheduled or incomplete transactions. If you have QRs linked to your WayApp Pay account, you must withdraw or transfer any funds held in your QRs before closing your WayApp Pay account, and closing a WayApp Pay account will result in WayApp Pay automatically closing any linked QRs. If you have registered businesses in your WayApp Pay account, you must withdraw or transfer any balance from your registered businesses before closing it, and if you have not provided the required identifying information to us, or if we are unable to verify the required identifying information you provide, you must transfer any balance in your WayApp Pay account to a linked bank account.
In certain cases, you may not close your WayApp Pay account, including:
- To evade an investigation.
- If you have a pending transaction or an open dispute or claim.
- If your WayApp Pay account has a negative balance.
- If your WayApp Pay account is subject to a hold, limitation or reserve.
Link or Unlink a Payment Method
You can link or unlink a U.S. bank account to your WayApp Pay account and QRs. Please keep your payment method information current.
Receiving Funds, Holding a Balance or Transferring Funds
WayApp Pay Payment Card ("QR")
Money sent to any QR, is held as a balance in your WayApp Pay account. Each payment you make using the QR is verified against the balance, if there is enough balance, then the payment transaction is approved and funds immediately subtracted.
Except as provided below, any balance in your QRs and any funds sent to you which have not yet been transferred to a linked bank account represent an unsecured claim against WayApp Pay and is not insured by the Federal Deposit Insurance Corporation (FDIC).
WayApp Pay is not a bank and does not itself take deposits. You will not receive any interest on the funds held with WayApp Pay. WayApp Pay combines your WayApp Pay funds with the WayApp Pay funds of other WayApp Pay users and invests those funds in liquid investments in accordance with state money transmitter laws. WayApp Pay owns the interest or other earnings on these investments. These pooled amounts are held apart from WayApp Pay’s corporate funds, and WayApp Pay will neither use these funds for its operating expenses or any other corporate purposes nor will it voluntarily make these funds available to its creditors in the event of bankruptcy.
Monies paid to registered businesses in a WayApp Pay account are transferred directly to the provided business bank account and will never show or be held in the WayApp Pay account. The business section on the WayApp Pay account will differ depending on whether we have been able to verify the required identifying information that you provide to us.
The required identifying information is:
- For sole proprietorships: name, physical address, date of birth and taxpayer identification number; or
- For other types of business legal entities: business name, business address, taxpayer identification number, and proof of business existence.
If you have a business WayApp Pay account and we have verified the required identifying information that you have provided to us, you may start receiving payments through your WayApp Pay account.
Restrictions on Payments from WayApp Pay Accounts
To protect us and our users from loss, we may delay a payment, in certain situations, including if we need to confirm that you have authorized the payment or if other payments to your WayApp Pay account have been subject to a reversal (for example, as a result of a chargeback, bank reversal or dispute by a buyer). If we place a limitation on your WayApp Pay account, a payment is subject to a hold, or your account or an associated account has a negative balance in any currency while a withdrawal from your WayApp Pay account is pending, you will have to reinitiate the payment once the limitation or hold has been lifted, or negative balance is fully paid off.
We may set limits on your payments, and you can view any payment limit by logging into your WayApp Pay account. Completing one out of two of the following steps can help us verify your WayApp Pay account, which may allow us to remove any withdrawal cap:
- Verifying your bank account.
- Providing your social security number.
You have the right to receive an account statement showing your WayApp Pay account activity. You may view your WayApp Pay account statement by logging into your WayApp Pay account. If you have registered businesses in your WayApp Pay account, you will receive separate statements for each business.
Buying Something From, or Returning Something to, a Seller Who Accepts WayApp Pay
How to buy something
You can buy something from a seller who accepts WayApp Pay, in any currency that the seller accepts and that WayApp Pay supports using any QR setup on that same currency and linked to your WayApp Pay account. This includes, for example:
- Buying something at an online retailer’s website and selecting WayApp Pay as your payment method at checkout.
- Using your WayApp Pay account to buy something at a seller’s physical store.
If the seller you are buying from sells goods or services and that seller does not already have a WayApp Pay account, they can claim your payment by opening a WayApp Pay account. If they don’t open a WayApp Pay account within 30 days, your purchase will be refunded.
In order to manage risk, WayApp Pay may limit the payment QRs available for a transaction when you buy something. In addition, payment QRs may be limited for certain sellers or if you make a WayApp Pay payment through certain third party websites or applications.
When you authorize a payment to a seller who accepts WayApp Pay, some sellers may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your WayApp Pay account. In that case, your authorization of the payment will remain valid until the seller completes the transaction (but no longer than 30 days).
The use of your QRs is completely free to you. When you buy something from a seller who accepts WayApp Pay you don’t pay a fee to the seller or WayApp Pay.
When WayApp Pay identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, WayApp Pay will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.
When you buy something from a seller online or in a seller’s store location using WayApp Pay and the transaction is ultimately refunded, the money will typically be refunded to the original payment QR you used for the transaction.
If you used a bank account linked to a personal WayApp Pay account as the payment method for the transaction, we will attempt to refund the money to your bank account. If we are unable to do so, we will refund the money to a prepaid QR if you have one or set one for you.
Payment Method Used for My Transaction
User presented QR
The most common way to make a payment will be to display any of your QR installed on your mobile phone. This QR will need to be setup in the same currency as the payment you wish to make. Your QR will be scanned by the business accepting WayApp Pay and the transaction will be processed by WayApp Pay, subtracting the corresponding funds from your QR and transferring the amount, according to the terms and conditions of this User Agreement, to the business bank account.
The QR will be immediately updated displaying the new balance and the new transaction.
The business has clear knowledge that the transaction has been denied or approved.
Backup payment method or User Scanning QR
Under certain circumstances, the business accepting WayApp Pay may not have the capability to scan your QR. To overcome this situation, WayApp Pay provides each registered business a unique billing QR code ("billing QR") that can be scanned by the user to complete the payment.
The user by selecting the backup payment method from the back of their WayApp Pay Payment Card will be prompted to scan the billing QR provided by the business and input the payment amount. This backup payment method is governed by exactly the same terms and conditions as the User Presented QR method.
Accepting Payments From Buyers for Goods and Services
Receiving personal payments
If you use your WayApp Pay account to receive payments for the sale of goods or services or accept donations, you must pay any applicable fees for receiving the funds.
You agree that you will not impose a surcharge or any other fee for accepting WayApp Pay as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-WayApp Pay transactions.
Taxes and information reporting
Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, "taxes"). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. WayApp Pay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.
You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, WayApp Pay is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your WayApp Pay accounts associated with the same tax identification number if you receive more than $20,000 in payments for good and services and process more than 200 transactions involving goods or services through those WayApp Pay accounts in the same calendar year.
WayApp Pay reviews certain potentially high-risk transactions. If WayApp Pay determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. WayApp Pay will conduct a review and either complete or cancel the payment. If the payment is completed, WayApp Pay will provide notice to you to ship the item. Otherwise, WayApp Pay will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for WayApp Pay Seller Protection coverage if they meet the WayApp Pay Seller Protection requirements. We will notify you about payment reviews by email and/or through your WayApp Pay account.
If you accept WayApp Pay payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer’s account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased.
In case you are not able to scan the customer QR, to process the payment you can request the user to activate the backup payment method from the back of the WayApp Pay Payment Card and display to the customer your assigned billing QR for the customer to scan.
If you’re a seller on a marketplace or through a third party application where WayApp Pay is offered, you must comply with any rules that apply to the marketplace’s or the third party application’s buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.
Transaction Fees for Online and In-Store Payments
Your WayApp Pay transaction fees depend on the country of the registered business account and the currency of buyer QR.
Standard transaction fees
The fees you pay when selling goods or services and the buyer pays using their WayApp Pay account (or using another authorized wallet) can be found on the Standard Transaction Fees table. Please note that:
- We may adjust the fees applicable to future transactions that you process using WayApp Pay. We will provide you at least 21 days’ advance notice of any fee increase or the introduction of a new type of fee.
- If you refund a transaction to a buyer or a donation to a donor, there are no fees to make the refund, but the fees you originally paid as the seller are not returned.
Refunds, Reversals and Chargebacks
If you receive a payment for selling goods or services that is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fee described below). Whenever a transaction is refunded or otherwise reversed, WayApp Pay will refund or reverse the transaction from your WayApp Pay account.
If you refund a payment for goods or services, we will retain the fixed fee portion of the fees you paid as the seller. The amount of the refunded payment will be deducted from your WayApp Pay account.
Payments that are invalidated and reversed
Payments to you may be invalidated and reversed by WayApp Pay if:
- You do not fulfill the transaction as promised or you cannot provide proof of shipment or proof of delivery when required.
- Our investigation of a bank reversal made by a buyer or the buyer’s bank finds that the transaction was fraudulent.
- WayApp Pay sent the payment to you in error.
- The payment was unauthorized.
- You received the payment for activities that violated this user agreement or any other agreement between you and WayApp Pay.
When you receive a payment, you are liable to WayApp Pay for the full amount of the payment sent to you plus any fees if the payment is later invalidated or reversed for any reason. If the balance in WayApp Pay account doesn’t cover the payment amount due plus the fees, we may use any of the WayApp Pay Payment Cards linked to your WayApp Pay account to cover the amount due. If the payment methods linked to your WayApp Pay account don’t cover the amount due, this will result in a negative balance. A negative balance represents an amount that you owe to us, and, in this situation, you must immediately add funds to your balance to resolve it. If you don’t, WayApp Pay may:
- engage in collection efforts to recover the amount due from you;
- take any or all action as outlined under Amounts owed to WayApp Pay; or
- place a limitation or take other action on your WayApp Pay account as outlined under Restricted Activities and Holds.
If you receive a payment through your WayApp Pay account and the buyer pursues a chargeback for the transaction with WayApp Pay we will assess you with a chargeback fee (for facilitating the chargeback process) only if the buyer is successful in pursuing the chargeback with us.
The applicable chargeback fee will be deducted from your WayApp Pay account. The chargeback fee is $5.
Holds, Limitations, and Reserves
What are holds, limitations and reserves
Under certain circumstances, in order to protect WayApp Pay and the security and integrity of the network of buyers and sellers that use the WayApp Pay services, WayApp Pay may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should follow the instructions in our email notice with respect to the limitation, hold or reserve.
Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of WayApp Pay, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your WayApp Pay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.
A hold is an action that WayApp Pay may take under certain circumstances either at the transaction level or the account level. When WayApp Pay places a temporary hold on a payment, the money is not available to either the sender or the recipient. WayApp Pay reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where WayApp Pay will hold payments include:
- New sellers or sellers who have limited selling activity.
- Payments for higher-risk categories like electronics or tickets.
- Sellers who have performance issues, or a high rate of buyer dissatisfaction or disputes.
- Holds based on WayApp Pay’s risk decisions.
We may place a hold on payments sent to your WayApp Pay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your WayApp Pay account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of factors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your WayApp Pay account with an indication that they are unavailable or pending. We’ll notify you, either through your WayApp Pay account or directly by phone or email, whenever we place a hold.
Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your WayApp Pay account. We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your WayApp Pay account until the matter is resolved (but no longer than 180 days).
Holds related to Marketplace transactions
If you’re a seller on a marketplace or through a third-party application where WayApp Pay is offered, a hold may be placed on a payment sent to you at the instruction of the applicable marketplace or third-party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third-party. These holds will appear in your WayApp Pay account. If you have questions about why the applicable marketplace or third party instructed WayApp Pay to put these holds in place, you will need to contact the marketplace or third-party directly.
Holds based on disputed transactions
If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your WayApp Pay account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your WayApp Pay account.
Limitations are implemented to help protect WayApp Pay, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your WayApp Pay account open.
There are several reasons why your WayApp Pay account could be limited, including:
- If we suspect someone could be using your WayApp Pay account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
- If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your WayApp Pay account and your bank account.
- In order to comply with applicable law.
- If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.
- Seller performance indicating your WayApp Pay account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly.
You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect WayApp Pay, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
In connection with your use of our websites, your WayApp Pay account, the WayApp Pay services, or in the course of your interactions with WayApp Pay, other WayApp Pay customers, or third parties, you must not:
- Breach this user agreement, or any other agreement between you and WayApp Pay;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
- Infringe WayApp Pay's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Sell counterfeit goods;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both WayApp Pay and the seller, bank or other entity for the same transaction;
- Control an account that is linked to another account that has engaged in any of these restricted activities;
- Conduct your business or use the WayApp Pay services in a manner that results in or may result in;
- requests by buyers to invalidate payments made to you;
- fees, fines, penalties or other liability or losses to WayApp Pay, other WayApp Pay customers, third parties or you;
- Allow your WayApp Pay account to have a negative balance;
- Access the WayApp Pay services from a country that is not included on WayApp Pay's permitted countries list;
- Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the WayApp Pay services) operated by us or on our behalf or the WayApp Pay services;
- Facilitate any viruses, trojan horses, malware, worms or other computer programming routines that attempts to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information or WayApp Pay services;
- Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers;
- Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the WayApp Pay services) operated by us or on our behalf, any of the WayApp Pay services or other users’ use of any of the WayApp Pay services;
- Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;
- Circumvent any WayApp Pay policy or determinations about your WayApp Pay account such as temporary or indefinite suspensions or other account holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to open new or additional WayApp Pay account(s) when an account has a negative balance or has been restricted, suspended or otherwise limited; opening new or additional WayApp Pay accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s WayApp Pay account; or
- Harass and/or threaten our employees, agents, or other users.
You may not use the WayApp Pay service for activities that:
- violate any law, statute, ordinance or regulation.
- relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (h)involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption.
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
Actions We May Take if You Engage in Any Restricted Activities
If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect WayApp Pay, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:
- Terminate this user agreement, limit your WayApp Pay account, and/or close or suspend your WayApp Pay account, immediately and without penalty to us;
- Refuse to provide the WayApp Pay services to you in the future;
- Limit your access to our websites, software, systems (including any networks and servers used to provide any of the WayApp Pay services) operated by us or on our behalf, your WayApp Pay account or any of the WayApp Pay services, including limiting your ability to pay or send money with any of the payment methods linked to your WayApp Pay account, restricting your ability to send money or make withdrawals;
- Suspend your eligibility for WayApp Pay’s Purchase Protection program and/or WayApp Pay’s Seller Protection program;
- Contact buyers who have purchased goods or services from you using WayApp Pay, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
- Update inaccurate information you provided us;
- Take legal action against you;
- If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to WayApp Pay caused by your violation of this policy; or
- If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to WayApp Pay for the amount of WayApp Pay's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of WayApp Pay's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to WayApp Pay that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. WayApp Pay may deduct such damages directly from any existing balance in any WayApp Pay account you control.
- If we close your WayApp Pay account or terminate your use of the WayApp Pay services for any reason, we’ll provide you with notice of our actions and make any unrestricted funds held in the balance of your personal WayApp Pay account available for withdrawal.
- You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by WayApp Pay, any WayApp Pay customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the WayApp Pay services.
Court Orders, Regulatory Requirements or Other Legal Process
If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your WayApp Pay account, placing a reserve or limitation on your WayApp Pay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your WayApp Pay account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.
Agreement to Arbitrate
You and WayApp Pay agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:
- Affects your rights and will impact how claims you and we have against each other are resolved.
- Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
- Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.
If a dispute arises between you and WayApp Pay, acting as either a buyer or a seller, our goal is to learn about and address your concerns. If we are unable to do so to your satisfaction, we aim to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and WayApp Pay regarding the WayApp Pay services may be reported to customer service.
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and WayApp Pay agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and WayApp Pay agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other WayApp Pay customers.
If you are a new WayApp Pay customer, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time. You must email firstname.lastname@example.org.