PapiPay Mobile App Terms and Conditions
Please read these PapiPay Terms and Conditions (“Terms”) carefully before using the PapiPay mobile application (the “App”). The Terms constitute a fully binding legal agreement between you, the App user (“User”, “you” or “your”), and 111 Papipay Operating, LLC (“PapiPay”, “us”, “our”, or “we”). By using the App, including any functionality provided by the App, you are confirming that you have read, understood and agree to be bound by these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OR USE THE APP.
1. General – PapiPay Services
A. The App is intended for users who are at least 18 years of age or older or the age of majority per the applicable laws for the jurisdiction in which you are located. The App should never be accessed or used while operating a motor vehicle and should only be used while parked.
B. The PapiPay App allows users to find participating fuel stations and to use the App to view retail fuel prices, fuel station services, make payments at participating locations, receive limited offers or deals, earn rewards, as well as other features and functionalities that PapiPay makes available from time to time. Not all App features will be available at each participating fuel station. The information regarding a particular fuel station, including fuel prices, is provided by the participating fuel station operator (also referred to as “merchants”) and you understand that PapiPay has no control over the services that a particular merchant makes available, the services it offers, or the accuracy of the information it provides through the App. Geographic information is provided as a convenience only. You understand and agree that PapiPay is not in any way responsible for the prices, geographic, or other information that is displayed in the App.
C. To use the full App functionality and features beyond just using the “search” feature to locate participating fuel station operators and merchants, you have to register for the App by creating an account (the “Account”) and accepting these Terms. By registering for the App, you represent that you are at least 18 years old and agree to: (i) provide accurate, true, and complete information about yourself and your use of the App; (ii) maintain and promptly update your information to ensure it stays up to date; and (iii) not use the App for any commercial purpose. For the avoidance of doubt “commercial purpose” or “commercial activity” does not include your use of the App for work you perform as a “gig economy” or independent contractor.
2. License, User Access and Restrictions
A. License. Upon acceptance of these Terms, PapiPay grants you a free-of-charge, non-exclusive, limited, non-transferable, non-sublicensable, fully revocable license to access and use the App subject to these Terms.
B. Acceptable Use. You may use the App solely as provided for in these Terms in order to access the services and features that are made available by PapiPay. The App should never be used while operating a motor vehicle.
C. Impermissible Use and Content. In connection with your use of the App, you must not: (i) breach these Terms, or any other agreement between you and PapiPay; (ii) violate any law, statute, ordinance, or regulation; (iii) use the App in any way that is inconsistent with these Terms, including, but not limited to, introducing malicious codes, viruses, or other harmful data into the App or PapiPay’s systems; (iv) infringe on any third party’s copyright, patent, trademark, trade secret or other intellectual property rights; (v) conduct commercial activity; (vi) provide false, inaccurate or misleading information; (vii) refuse to cooperate in an investigation or provide confirmation of your identity or any information that you provide to us; (viii) access the services from outside of the United States; (ix) use the App in any way that results or may result in complaints, disputes, reversals, chargebacks, fines, penalties or other liability or losses to PapiPay, third parties or you; (x) use the App in any way that facilitates unreasonable or disproportionately large loads or demands on PapiPay’s technology service or that reasonably would be expected to negatively impact the functionality of the App; (xi) copy, distribute, broadcast, tamper with or otherwise alter or use any material contained in the App, unless it is content provided by you; (xii) collect, use or harvest any information or data from the App or PapiPay’s systems; or (xiii) modify or circumvent any security features of the App or PapiPay’s systems.
C. You are responsible for all payment of taxes, if applicable, that result from participation in the Program. If necessary, you agree to complete any tax documents provided or requested by PapiPay.
4. Offers and Deals
B. You are responsible for all payment of taxes, if applicable, that result from any Deals.
5. Complaints and Infringement Notice
6. Payment Services
A. You will be able to link or unlink a debit card, credit card, or a U.S. bank account as a payment method in the App. We may also provide additional payment options, including, but not limited to, other payment service providers or third-party mobile wallets such as Apple Pay®and PayPal. Specific additional terms for Apple Pay®and PayPal are set forth below. You are responsible for all charges, expenses, fees, reversals, chargebacks, claims, fines, penalties and other liability incurred by PapiPay, any fuel station operator or merchant partner, or a third party caused by or arising out of your breach of these Terms, and/or your use of the App.
- Apple Pay® – use of Apple Pay is subject to the Apple Pay terms and conditions, available here. Apple Pay and the Apple Pay logo are trademarks of Apple Inc.
- PayPal – use of PayPal is subject to the separate PayPal terms and conditions, available here. PayPal and the PayPal logo are trademarks of PayPal, Inc.
C. Returned Payments. If your payment transaction is denied by your financial institution, card-issuing bank or payment service provider, or is otherwise rejected, for any reason, you authorize PapiPay and its Payment Processors to re-present the original electronic transaction amount. If your payment is returned unpaid (e.g., non-sufficient funds, account closed/frozen), you authorize PapiPay and its Payment Processors to make an electronic fund transfer from your payment method account to collect the amount of the original transaction and a non-sufficient funds charge or other return fee, if applicable. Any non-sufficient funds charge or other return fee will be no more than the maximum amount permitted by state law, and is separate from any fees that your financial institution, card-issuing bank or payment service provider may impose. In the event a payment is returned or fails to process, PapiPay may allow you to reattempt the payment transaction using an alternate payment method.
D. Bank Account Verification. To confirm that you are authorized to connect a particular bank account as a payment method, we may conduct a bank account verification process. Such a process generally involves making very small deposits (less than $1.00) to your bank account. At our discretion, we may ask you to verify that such deposits have been received or we may not ask you for such verification. You authorize us to withdraw any such deposits after verification has been completed, at which time your bank account should be linked in the App. You are responsible for ensuring that you have sufficient funds available in your bank account to cover the verification withdrawal as well as for all subsequent transactions conducted through the App using your bank account as your designated payment method.
E. Errors. In case of errors or questions regarding payment transactions, please contact us immediately by email at [email protected], or by phone at 833.265.6665. You should contact us as soon as you can if you think any statements or receipt is wrong or if you need more information regarding a particular payment transaction. Calling us is the best way to avoid possible losses. You could lose all the money in your payment method account (including eligible overdraft amounts). We must receive the following information: (i) name and payment method account information (if any); (ii) description of the error or the payment transaction that you are unsure about, and as clear an explanation as possible of why you believe it is an error or why you need more information; and (iii) the dollar amount of the suspected error. We will investigate your request and will correct any error promptly.
provide your complaint in writing during the initial 10 business day period and you fail to do so. For errors involving new payment method accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new payment method accounts, we may take up to 20 business days to credit your payment method account for the amount you believe is in error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You are entitled to ask for copies of documents that we use in our investigation.
8. Mobile Services
You are responsible for the secure use of the App. Please keep your password confidential and do not disclose your login credentials to any third party and do not allow any third party to access the App through your Account. You are solely responsible for any actions that take place with the App in connection with your Account, including, but not limited to, payment transactions. Please notify PapiPay immediately if you believe that your Account is compromised or if there is any suspected or actual breach of security or unauthorized use of your Account. PapiPay is not responsible for any loss that results from your use of the App, to the extent permitted by law.
11. Links to Other Websites; Third-Party Advertisements
12. Termination and Suspension
C. PapiPay further reserves the right to suspend or terminate the App and any related services at any time in connection with maintenance of the App or investigation of specific features, functionalities, issues or for any other reason deemed necessary or appropriate by PapiPay. You acknowledge and agree that PapiPay does not make any commitment that any or all of the features will always be available or will be available at all.
13. Amendments and Modification
C. Your continued use of the App after the effective date of any such changes in the Terms or the App made by PapiPay, with or without prior notice, will constitute your acceptance of the changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of the App.
14. No Warranty
15. Limitation of Liability
PapiPay will not be responsible for failures to fulfill any obligations due to causes beyond its control.
18. Governing Law and Jurisdiction
19. Waiver of Jury Trial; Class Action
22. Waiver and Severability
24. Entire Agreement
These Terms contain the entire agreement and understanding between PapiPay and you with respect to the subject matter hereof. The following Sections survive the termination of this Agreement: Section 2 (License, User Access, and Restrictions), Section 15 (Limitation of Liability), Section 16 (Indemnification), Section 17 (Release), and Section 18 (Governing Law and Jurisdiction).
25. No Oral Modifications
These Terms may not be modified by any PapiPay employees, orally or in writing, and you should not rely on any statement or communication from any person representing to act on behalf of PapiPay in modifying these Terms. PapiPay may modify these Terms as described herein and new terms will become effective when made available through the PapiPay app or at a later date, as applicable.