QisstPay, Inc.

Website and Mobile App Terms & Conditions of Use

Please read these terms and conditions carefully before using this Site or our App (as defined below).

What's in these terms?

Welcome to https://qisstpay.com/us/1click (including all content under the "QisstPay.com" domain name) all of which are referred to herein as the "Site" and the QisstPay App (App).

These terms tell you the rules when you:

  • are a “Visitor” to or when you browse our Site or use our App;
  • are a QisstPay “Account Holder” who has registered for a QisstPay account which you may use to make purchases from Merchants using the 'QisstPay checkout' and to use related services under the QisstPay Account Terms (the “Services”); or
  • are a “Merchant User” who uses our services on behalf of a Merchant with whom Qis-stPay has a business relationship (the “Merchant Services”).

Different provisions of these terms will apply to you dependent on if you are a Visitor, Account Holder or Merchant User. When we use “you” without expressly stating if this applies to Visitors, Account Holders or Merchant Users, you should assume this applies to everyone.

Click on the links below to go straight to more information on each area:

  • Who we are and how to contact us
  • By using our Site you accept these terms
  • There are other terms that may apply to you
  • We may make changes to these terms
  • We may make changes to our Site or App
  • We may suspend or withdraw our Site or App
  • We may transfer this Agreement to someone else
  • You need our consent to transfer your rights to someone else
  • How you may use material on our Site or App
  • No text or data mining, or web scraping
  • Do not rely on information on our Site or App
  • We are not responsible for websites we link to
  • User-generated content is not approved by us
  • How to complain about content uploaded by other users
  • Our liability
  • How we may use your personal information
  • Uploading content to our Site or App
  • Prohibited uses
  • Interactive services
  • Content standards
  • We are not responsible for viruses and you must not introduce them
  • Rules about linking to our site
  • Which country's laws apply to any disputes?
  • Our Trade Marks are Protected
  • No rights for third parties
  • If a court finds part of this Agreement illegal, the rest will continue in force
  • Even if we delay in enforcing these terms, we can still enforce it later
  • Terms that apply to Merchant Users only
  • Terms that apply to our Mobile App

Who we are and how to contact us

Our Site and App are operated by QisstPay, Inc., a Delaware corporation incorporated in the United States. “QisstPay”, “we” or “our”). Our address is at 2201 Spinks Road, Suite 271, Flower Mound, Texas, 75022.
If you are a Visitor or Account Holder, you may contact us by emailing support@QISSTPAY.com or writing to QisstPay at 2201 Spinks Road, Suite 271, Flower Mound, Texas, 75022 Attn: Head of Data Security.
If you are a Merchant User, please contact us through the Merchant you represent.

By using our Site you accept these terms.

By using our Site or App, you confirm that you accept these terms of use and that you agree to comply with them in full. If you do not agree to these terms, you must not use our Site or App. We recommend that you print or download a copy of these terms for future reference.

There are other terms that may apply to you.

These terms refer to the following additional terms, which also apply to your use of our Site and App:

  • Our Privacy and Cookies Policy, which sets out how we may use personal information of Visitors, Account Holders and Merchant Users.
  • Our QisstPay Account Terms.
  • apply to Account Holders which sets out the terms that apply when you create and account and use our services.
  • Where you are a Merchant User, you must also comply with the terms of any agreement that we enter into with the Merchant that you represent (“Merchant Agreement”).

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our Site or App, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 04.28.2020.

We may make changes to our Site or App

We may update and change our Site or App from time to time to reflect changes to our users' needs, our Merchants' needs and our business priorities. The Site or App may contain typo-graphical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

We may suspend or withdraw our Site or App

For Visitors and Account Holders, our Site and App is made available free of charge. We do not guarantee that our Site or App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or App for business and/or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
For Merchant Users, in accordance with the Merchant Agreement our Site and App will not al-ways be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site or App in accordance with the Merchant Agreement. You are also responsible for ensuring that all persons who access our Site or App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they also comply with them in full.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

How you may use material on our Site or App

We are the owner or the licensee of all intellectual property rights in our Site and App, and in the material published on them. This expressly includes (but is not limited to) software, website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these terms grants you any legal rights in our Site, App, or to any content our Site or App, other than the rights to use them in accordance with these terms and any other terms applicable to your use.
You may print off one copy, and may download extracts, of any page(s) from our Site or App for your personal use and you may draw the attention of others within your organisation to content posted on our Site or App.
You must not modify the paper or digital copies of any materials you have printed off or down-loaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site or App must always be acknowledged.
You must not use any part of the content on our Site or App for commercial purposes without obtaining a license to do so from us or our licensors. For Merchant Users, the right to use the Merchant Services for the commercial purpose of the Merchant are set out in the Merchant Agreement.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No text or data mining, or web scraping

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site, App or any services provided via, or in relation to, our Site or App. This includes using (or permitting, authorising or attempting the use of):

  • Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

Do not rely on information on the Site or App

The content on our Site and App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site or App.
Although we make reasonable efforts to update the information on our Site and App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site or App is accurate, complete or up to date at any given time. To the fullest extent per-mitted by law we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law, the law of equity or otherwise.

We are not responsible for websites we link to

Where our Site or App contains links to other sites and resources provided by third parties (including any link to Merchant websites), these links are provided for your information only. For example, we may provide links to our Merchants, or to social media sites (e.g., Facebook, Insta-gram, Twitter). Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We do not make any representations or warranties concerning such websites or the goods or services offered on such sites. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or services or merchandise available at any Merchant or other third-party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Any linking to or from any such off-site pages, Merchant, or other websites by you is at your own risk. We encourage you to be aware when you leave the Site or App, and to read the agreements and privacy policy of each other website that you visit.

User-generated content is not approved by us

This Site and App may include information and materials uploaded by other users of the Site or App. This information and/or these materials have not been verified or approved by us and we are not required to routinely screen, monitor or review such information or materials. You agree that we are not responsible for any material or information uploaded to the Site or App, and your reliance on any such material or information is at your own risk. The views expressed by other users on our Site or App do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us using the de-tails set out above. If your complaint involves copyright infringement, please see our Copyright Policy.

Our liability

The materials appearing on the Site or App, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business or professional advice of any kind. Those accessing any such materials appearing on the Site or App should not act upon them without first seeking relevant professional counsel. The materials should not be used as a substitute for consultation with a professional adviser. You agree that we are not responsible for any financial, business or legal decisions that you may make.
Circular 230 Disclosure: Pursuant to U.S. Treasury Department Regulations, we are required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in the Site or App, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.

BY USING THE SITE AND/OR APP YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE SITE AND APP “AS IS” AND, TO THE DEGREE PERMITTED UNDER APPLICABLE LAWS, WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFIC-ERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIF-ICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABIL-ITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.

USE OF THE SITE AND/OR APP IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR APP AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE AND/OR APP WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DE-FECTS WILL BE CORRECTED; OR THAT THE SITE AND/OR APP ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SITE AND/OR APP, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABIL-ITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUD-ING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEM-PLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR APP, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Notwithstanding the foregoing, in the event that a court shall find that any of the above dis-claimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of the greater of the fees you have paid to us during the most recent twelve (12) month period or $100.00, or (2) any indirect, incidental, punitive, special, exemplary or con-sequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Site or App. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
If you are a Merchant User, our liability to the Merchant is set out in the Merchant Agreement.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED. ALL SUCH DISCLAIM-ERS OR LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER THE APPLI-CABLE LOCAL LAW. FURTHER INFORMATION FOR CERTAIN JURISDICTIONS IS SET OUT BELOW.

Our Liability if you are a consumer based in the United Kingdom:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation.
  • If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements ad-vised by us.
  • We are not liable for business losses. We only supply this Site and/or App for domestic and private use unless we expressly agree otherwise with you. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our Site or App

Whenever you make use of a feature that allows you to upload content, or to make contact with other users of our Site or App, you must comply with the content standards set out in these terms.
You warrant and represent that any such contribution does comply with these terms and may be used in accordance with these terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content that Visitors or Account Holders upload to our Site or App will be considered non-confidential and non-proprietary. Visitors and Account Holders understand that by sharing in-formation on the Site or App, and requesting information to be sent through the Site or App, you may be revealing information about yourself and/or your business that you may include or that may be generated by the Site or App. Visitors and Account Holders understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we are not responsible or liable in any way in connection with such sharing.
Visitors and Account Holders retain all of your ownership rights in your content, but you grant to us a perpetual, irrevocable, transferable, sub-licensable worldwide, non-exclusive, royalty-free, transferable license to use, store, reproduce, prepare derivative works of, modify, translate, dis-play and copy that content and to distribute and make it available to third parties. Visitors and Account Holders are not entitled to any compensation or attribution whenever you provide con-tent to us.
Ownership rights and confidentiality for Merchant Users is set out in the Merchant Agreement.
We also have the right to disclose your identity to any third party who is claiming that any con-tent posted or uploaded by you to our Site or App constitutes a violation of their intellectual property or other rights, such as the right to privacy.
We have the right to remove any posting you make on our Site or App if, in our opinion, your post does not comply with the content standards set out in these terms, or for any other reason.
Visitors and Account Holders are solely responsible for securing and backing up your content.

Prohibited Uses

You may use our Site and App only for lawful purposes. You may not use our Site or App:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • in any way that imposes an unreasonable or disproportionately large load on our infra-structure, as determined in our sole discretion;
  • to upload terrorist content; or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You further agree not to:

  • reproduce, duplicate, copy or re-sell any part of our Site or App in contravention of the provisions of these terms;
  • modify, adapt, translate, merge, copy, reverse engineer, decompile, create derivative works of or disassemble any portion of the Site or App; or
  • attempt to probe, scan or test the vulnerability of the Site or App or to breach our security or authentication measures.

You also agree not to access without authority, interfere with, damage or disrupt (including restricting or inhibiting any other person from using the Site or App by any means):

  • any part of our Site;
  • any part of our App;
  • any equipment or network on which our Site or App is stored;
  • any software used in the provision of our Site or App; or
  • any equipment or network or software owned or used by any third party.

You agree that you are not licensed to access any portion of the Site or App that we have not made public or accessible to users (whether registered or not), and you may not attempt to over-ride any security measures in place on the Site or App.

Interactive services

We may from time to time provide interactive services on our Site of App (interactive services). Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We may choose to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site or App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not. Interactive services may not be used by minors.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These standards (“Content Standards”) apply to any and all material which you may contribute to our Site or App (“Contribution”), and to any interactive services associated with it. The Con-tent Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our sole discretion, whether a Contribution breaches the Content Standards. Any Contribution must:

  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the laws applicable in England and Wales, United States and in any country from which it is posted.

A Contribution must not:

  • be libellous or defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • abuse, bully, insult, intimidate or humiliate;
  • promote sexually explicit material;
  • include child sexual abuse material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any trade secret, copyright, patent, database right, trade mark or other intellectual property right of any other person (please see our Copyright Policy for more information);
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be in contempt of court;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from or on behalf of QisstPay, if this is not the case;
  • advocate, promote or incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain proprietary or confidential information, or violate any third party's rights;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  • contain any advertising or promote any services or web links to other sites.

When we consider that a breach of the Content Standards has occurred, we may take such action as we deem appropriate. Failure to comply will constitute a material breach of these terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our Site and App;
  • immediate, temporary or permanent removal of any Contribution uploaded by you to our Site or App;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site or App will be secure or free from bugs or viruses. You are responsible for configuring your own IT, computer programmes and platforms to access our Site or App. You should use your own virus protection software.
You must not misuse our Site or App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or App, the server on which our Site or App is stored or any server, computer or database connected to our Site or App. You must not attack our Site or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offence under applicable laws. This action is a criminal offence in the UK under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by dis-closing your identity to them. In the event of such a breach, your right to use our Site and App will cease immediately.

Rules about linking to our Site

You may link to our Site home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the above Content Standards.
If you wish to link to or make any use of content on our Site other than that set out above, please contact support@QISSTPAY.com.

Which country's laws apply to any disputes?

To the extent permitted under applicable laws:

  • The laws of the State of Delaware shall govern this Agreement. Any arbitration shall be held in Dallas, Texas (the “Dispute Resolution Location”), and will be conducted in the English language. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Site, App or us, may only be brought by you in a state or federal court located in Wilmington, Delaware, USA. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.
  • You agree that any claim or dispute arising out of or relating in any way to your use of the Site, App or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT.
  • There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
  • To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address: QISSTPAY, INC. 2201 Spinks Rd, Suite 271, Flower Mound, TX, 75022, Attn: Head of Data Security
  • Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
  • You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.
  • Notwithstanding the foregoing, you agree that we may bring suit in court to en-join infringement or other misuse of intellectual property or other proprietary rights.
  • Any dispute or alleged claim you may have with respect to your access or use of the Site or App must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.

Nothing in the foregoing shall exclude or restrict rights you have under local law that cannot be excluded or restricted. If you are a consumer and not a Merchant User, you may be entitled un-der law to bring claims against QisstPay in the courts and pursuant to the governing law of your country of residence.

Our Trade Marks are Protected

Our trademarks, and those that we use with permission of third parties, are protected under law. You are not permitted to use them without our approval.

No rights for third parties

These terms of use do not give rise to any rights of third parties or third party beneficiaries, including to enforce any provision of these terms and we have no obligation to any third party by virtue of these terms.

If a court finds part of this Agreement illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce it later

Even if we delay in enforcing these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Terms that apply to Merchant Users only

Your rights to use the Merchant Services as a Merchant User are subject to the Merchant Agreement. You will only use the Site and App for the Merchant's internal business purposes. On termination of the Merchant Agreement:

  • all rights granted to you to use the Merchant Services will cease automatically;
  • you must immediately cease to use the Merchant Services.

Terms that apply to our Mobile App

In addition to the above terms, you will be bound by the below terms on the earlier of:

  • downloading our App; or
  • clicking to accept these terms, on the applicable app store.

Our App and the services it provides. Our app provides you will the ability to access QisstPay services via a mobile application, this includes the ability to register for an account.

How you may use the App, including how many devices you may use it on. In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the App onto a mobile device and view, use and display the App on such devices for your personal purposes only;
  • use any related online electronic documents or information (“Documentation”) to support your permitted use of the App;
  • provided you comply with these terms, make up a single copy of the App for back-up purposes; and
  • receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

You acknowledge and agree that are solely responsible for your use of the App and the phone or device that is used in connection with the App.
You may not transfer the App to someone else. We are giving you personally the right to use the App as set out in these terms. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is in-stalled, you must remove the App from it.
Updates to the App. From time to time we may automatically update the App and change the functionality of the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
If someone else owns the phone or device you are using. If you download or stream the App on-to any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

App License restrictions. You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Documentation nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that your rights under law cannot be restricted. Where UK law applies to you by virtue of sections 50B and 296A of the UK Copyright, Designs and Patents Act 1988 such actions cannot be prohibited because they are necessary to decompile the App to obtain the in-formation necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
  • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • is not used to create any software that is substantially similar in its expression to the App;
  • is kept secure; and
  • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

Check that the App is suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the app-store site and in the Documentation) meet your requirements.We may end your rights to use the App if you break these terms. We may end your rights to use the App at any time by contacting you if you have broken these terms in any way. If we end your rights to use the App:

  • You must stop all activities authorised under Terms that apply to our Mobile App, including your use of the App.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have.

COPYRIGHT POLICY

If you believe in good faith that any materials posted on the Website or App (the “Materials”) infringe any copyright in any work of yours, you agree to contact our “DMCA Copyright Agent” as identified below, hereby designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent
QISSTPAY, INC.
2201 Spinks Rd, Suite 271
Flower Mound, TX, 75022
Attn: Head of Data Security
Email: copyright@qisstpay.com

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS

If you believe in good faith that any Materials (as defined above) posted on the Website or App or otherwise accessed through the Services infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to support@QISSTPAY.com, containing the following information:

  • Your name, physical address, e-mail address and phone number;
  • A description of the Materials posted that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed;
  • Identification of the location of the Material on the Website or App;
  • If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
  • Your physical or electronic signature.

If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials, or to any other entity as we deem appropriate.