PapiPay Mobile App Terms and Conditions

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.

 

3. Rewards

 

You may be able to earn rewards from time to time by participating in the optional PapiPay loyalty program (the “Program”). Participation in the Program is voluntary for App users and the Program may be subject to additional terms and conditions. The Program is open to legal residents of the United States who are at least 18 years of age and is void where prohibited by law. Participating in the Program enables you to earn 1 point for each dollar you spend for certain qualifying App transactions using an ACH account. App transactions using a debit card or credit card are excluded from “qualifying App transactions”. With respect to prepaid cards or gift cards, the original purchase of the prepaid card or gift card is a “qualifying App transaction”; however, any subsequent transactions made in the App using such prepaid card or gift card are excluded from “qualifying App transactions.” Additional points may be awarded in connection with merchant promotions for participating fuel stations.
 
B. Points do not constitute property, do not entitle you to a vested right or interest and have no cash value. Points are not redeemable for cash, transferable or assignable for any reason. Points are redeemable in accordance with the PapiPay Rewards redemption policies in effect. Any points earned will expire one year from the date the points were awarded.
 

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

 

A. Fuel station operators, or merchants, are able to make certain offers or deals available to PapiPay App users (generally referred to as “Deals”). Deals are administered by each individual fuel station operator or merchant, and PapiPay does not in any way represent that the Deals will be available to you or will otherwise meet your expectations. You understand and agree that PapiPay is providing access to Deals solely as a convenience to you, fuel station operators and merchants.
 

B. You are responsible for all payment of taxes, if applicable, that result from any Deals.

 

5. Complaints and Infringement Notice

 
A. To submit a complaint, please contact PapiPay at the email address, phone number, or physical address listed in the “Notices” section below.
 
B. Please contact PapiPay using either of the options above immediately if you experience an issue with the App or if you have reason to believe that information provided by any fuel station operations or merchants through the App is inaccurate, misleading or incomplete. We may request certain information necessary for us to properly investigate any complaints. You agree to reasonably cooperate with us in any investigation and to promptly provide us with any additional requested information in order to resolve any complaint submitted by you.
 
C. If you believe that any content or materials available on the App infringes your copyright or the copyright of a person on whose behalf you are authorized to act, you may send a written notice of complaint to us as set forth in the “Notices” section below. PapiPay abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on our website that is controlled or operated by PapiPay that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter-notification, also in accordance with the DMCA. Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with PapiPay’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice. To file a notice of infringing material on a website owned or controlled by PapiPay please provide a notification containing the following details:
 
i. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
 
ii. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); as well as your contact information so that we can contact you (for example, your address, telephone number, email address);
 
iii. A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
 
iv. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
 
v. Your physical or electronic signature.

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.
You understand that you may not add any payment method account for which you are not the account owner or cardholder. In addition to the actions described in these Terms, you should contact your financial institution or payment service provider immediately if there are any questions or complaints regarding charges to your external accounts or payment cards. Please monitor your payment method account statements carefully and promptly remove any payment options that you no longer want connected to your PapiPay account.
 
B. Enrollment; Payment Authorization. By connecting your payment method accounts through the App, you authorize PapiPay and its third-party payment processing vendors (“Payment Processors”) to withdraw and/or deposit funds into your payment method account via card network settlement, automated clearing house (“ACH”) or other methods at the card-issuing bank, depository institution or other payment service provider designated by you. You understand that an ACH transaction will only be processed by PapiPay or its Payment Processors after PapiPay has received notice of your payment transaction. It can take up to 3 business days after receipt of a payment transaction via ACH to process and post to your bank account. When you use the payment functionality in the App, you are responsible for ensuring sufficient funds are available in your designated payment method account at the time of completing the transaction and when such transaction is posted to your payment method account; for credit cards that are your designated payment method, this means sufficient available credit on your credit card account. You understand and agree that the origination of payment transactions, including ACH transactions, must be compliant with applicable laws, as well as the NACHA Operating Rules, the rules of any card network operators or the rules of any other payment service provider. You authorize PapiPay and its Payment Processors to verify your identity and to share your transaction history information. The authorization to complete transactions through the App remains effective until such time that you deactivate a particular payment method. Our Payment Processors may present separate terms and conditions that you will be required to acknowledge and accept in order to use any payment options offered by such Payment Processors.
 

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 contact@papi.com, 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.

 
We will investigate your complaint within 10 business days after we hear from you and will correct any error promptly. However, we may take up to 45 business days if we credit your payment method account within the initial 10 business day period while we complete our investigation. We are not required to credit your payment method account if we ask for you to
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.
 
F. Liability. If we fail to complete a payment transaction on time or in the correct amount according to our agreement with you, PapiPay will be liable for such losses or damages. There are various exceptions where PapiPay will not be liable. PapiPay is not liable, for example, in the following circumstances: (i) if, through no fault of PapiPay or its Payment Processors, you do not have sufficient funds to complete the payment transaction; (ii) the payment transaction exceeds your credit limit; (iii) the merchant’s payment systems were not working properly and you knew of such issue prior to attempting or completing the payment transaction; (iv) circumstances beyond our control (such as a natural disaster) prevent the payment transaction, despite any reasonable precautions that we have taken; and (v) any other exceptions set forth in these Terms or any other agreement with you.
 
G. Transfer Types and Limitations. You may be able to use the App to pay for various goods and services at the fuel operators or merchants that offer such an option. For security reasons, PapiPay reserves the right to limit the number and dollar amount of transactions that can be made through the App.
 
H. Receipts. You may receive a receipt through the App and by email each time you make a transaction using the App. You may also receive a receipt from the fuel operator or merchant. PapiPay does not send periodic or similar statements listing payments you completed through the App. Please review the statement issued by your financial institution or payment provider.
 
I. Unauthorized Transactions. If you believe that there was an unauthorized payment transaction conducted through the App because your mobile device was stolen or otherwise accessed by someone who was not permitted to conduct a payment transaction on your behalf, you should report it to us immediately by email at contact@papi.com or by phone at 833.265.6665. We also advise you to promptly notify the financial institution that provides the payment method.

7. Privacy Policy and Additional Mobile App Information Terms

 
A. The information you provide to PapiPay, including your personal information, is subject to the PapiPay Privacy Policy, located at www.papipay.com/privacy-policy. Our Privacy Policy applies to personal information collected from or provided by you through the App. We do not respond to web browser “do not track” signals at this time. We await the result of work by the policy community and industry to determine when such a response is appropriate and what form it should take.
 
B. If you use certain functions within the Mobile App that rely on geo-location functionality, please be advised that PapiPay or its third-party providers may monitor and track your mobile device’s geo-location in order to deliver such functionality. For example, if you use the “Store Locator” function PapiPay and its third-party providers will monitor your geo-location to deliver that information to you. Please also note that some functionality within the App may not be available or may not fully function if you turn off geo-location services.
 
C. PapiPay may make personalized marketing messages, ads or offers to you through any medium, including social media, based upon: (a) your interaction with the App, our website or content; (b) information from activities such as your purchase and transaction history, including information about you gathered through the Loyalty or Deals functionality; and (c) notifications, ads, offers or new fuel operator or merchant location announcements based upon geo-location data collected from your mobile device through the App. Such information allows us to provide you with more useful and relevant notifications, ads, offers or announcements. We do not sell your personal information to unaffiliated third parties, but we do provide information to third parties, including our third-party providers, for the delivery of notifications, ads, offers or announcements. Also, some third parties may provide us information about you from offline and online sources that we may use to provide you more relevant and useful notifications, ads, offers or announcements. You can opt-out from receiving personalized marketing messages, ads and offers. However, the opt-out will apply only to the specific channel, browser or device from which you opt-out. You will need to opt-out separately from each channel (e.g., email, push notifications) and on all of your browsers and devices. Note that some third-party providers may also make their own opt-out process available. Please note that for some channels, even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about PapiPay – it just will not be tailored to your interests.

8. Mobile Services

 
Use of the App on your mobile device is free, but please understand that normal cell phone carrier and internet service rates apply. You are responsible for any fees or other charges that your wireless carrier may charge for any data, text or other messaging services. You agree to notify us immediately if any email address or mobile number you provided is changed, surrendered, or inactivated. By using the App, you agree that we may communicate with you via electronic means and that certain information about your mobile device and use of the App may be shared with us.

 

 

9. Security

 

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.

 

 

10. Feedback

 
You grant PapiPaya perpetual, irrevocable, worldwide, unrestricted license to use any Feedback (as defined below) that you provide to PapiPay, without compensation, without any obligation to report on such use, and without any other restriction. The rights granted to PapiPay in Feedback include, without limitation, the right to exploit Feedback in any and every way, as well as the right to grant sublicenses. By submitting Feedback to PapiPay, you represent and agree that: (i) the Feedback does not contain any confidential or proprietary information; (ii) PapiPay is under no obligation of confidentiality, express or implied, with respect to such Feedback; (iii) you are not entitled to any compensation for such Feedback, regardless of how it is used by PapiPay or its affiliates; and (iv) you will not provide Feedback, or other information, that you do not have the right, contractually or otherwise, to provide to PapiPay. “Feedback” refers to any suggestion, ideas, or information for modifying, improving or altering any PapiPayproducts or services, including without limitation all intellectual property rights in any such suggestions, ideas or information.

11. Links to Other Websites; Third-Party Advertisements

 

Advertisements of third parties may appear on the App from time to time. PapiPay does not endorse or otherwise confirm the validity of any such advertisements. The App may include links to third-party websites or resources. You acknowledge and agree that PapiPay is not responsible or liable in any way for the information contained on such websites or resources. You accept full responsibility and assume all risks relating to accessing and using any third-party resources, products or services. Links to third-party websites or third-party resources do not constitute an endorsement by PapiPay of any such third party’s services or information. You should review the terms of service, privacy policy and other documents that govern any third-party websites or resources.

 

 

 

12. Termination and Suspension

A. PapiPay reserves the right to suspend or terminate your access to the App at any time, for any reason, with or without notice. PapiPay may also prevent access to the App and impose limits or restrictions on your Account, including limiting or restricting access to certain parts or all of the App at any time, without notice or liability.
 
B. You may stop using the App at any time and can terminate your Account by deleting the App. If you terminate your Account by deleting the App, you will no longer be able to use the App and we will automatically disable any payment options that you have connected. Any Account history or other information that is available in the App may be lost forever upon termination of your Account through deletion of the App, provided that we may continue to access the same for historical purposes (though you will not have the ability or right to view such information). In addition, your Cash Rewards balance will be permanently forfeited.
 

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

 
A. PapiPay reserves the right to amend or change any part of these Terms at any time, as permitted by applicable law. We will provide you with advance notice of any such changes or amendments to the extent practicable or as required by law.
 
B. We may make changes to the App from time to time, without restriction, including to add, remove, or modify certain features. You understand and agree that PapiPay makes no representation, express or implied, that features of the App that are available to you will remain available or will not change.
 

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

 
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PROVIDED BY PAPIPAYARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF QUIET ENJOYMENT OR ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO WRITTEN OR ORAL INFORMATION OR ADVICE PROVIDED BY PAPIPAY OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF SPECIFIC STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
 
PAPIPAY FURTHER MAKES NO REPRESENTATIONS THAT THE APP WILL FUNCTION AS DESCRIBED OR THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY APP FUNCTIONALITY OR DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE APP, WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
 
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR LOSSES (INCLUDING LOSS OF DATA)THAT RESULTS FROM THE USE OF THE APP OR ACCESSING ANY CONTENT THROUGH THE APP.

 15. Limitation of Liability

 
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PAPIPAY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “PAPIPAY PARTIES”) BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR LOSS OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, EVEN IF PAPIPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO ACCESS OR USE, THE APP OR ANY RELATED PAPIPAY SERVICES. In no event shall PapiPay’s total liability to you for all damages arising in relation to your use of the App (other than may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
 

PapiPay will not be responsible for failures to fulfill any obligations due to causes beyond its control.

 

16. Indemnification

 
You agree to indemnify and hold the PapiPay Parties harmless from any and all claims, losses, demands, or expenses, including reasonable attorneys’ fees, arising in connection with any action brought by a third party due to: (i) your use of the App, including, but not limited to, payment transactions; (ii) your violation of these Terms; (iii) your violation of any law or regulation; and (iv) your violation of the rights of another party.

 

 

 

17. Release

 
If you have a dispute with anyone in connection with the App, including but not limited to a fuel station operator or merchant, you agree to release the PapiPay Parties from any and all claims, damages (actual and consequential) or demands of every kind and nature, known and unknown, arising out of or in any way connected with the App.

18. Governing Law and Jurisdiction

 
Your use of the App and the relationship between the PapiPay Parties and you shall be governed this Agreement, and any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, shall be governed by the laws of the State of Texas without regard to its conflict of laws principles. You and PapiPay agree to submit to the personal and exclusive jurisdiction of the courts located within Dallas County, Texas to resolve any claims or disputes arising in connection with this Agreement and your use of the App.

19. Waiver of Jury Trial; Class Action

 
To the fullest extent permitted by law, you and PapiPay expressly and irrevocably waive any right to trial by jury in any legal proceeding directly or indirectly arising out of or relating to these terms or the App. BY YOUR ACCEPTANCE OF THESE TERMS, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.

20. Notices

 
All notices shall be provided to you at the address and email address as designated by you in the App. Notice to you shall be deemed given when an email is sent unless we receive a delivery error notification. If you have any questions about these Terms or anything else related to the App, you may contact us by email at contact@papi.com, or by phone at 833.265.6665, or by postal mail at P.O. Box 7255, Edmond, OK 73083.

21. Assignability

You may not assign or delegate any right or obligation that you have under these Terms, whether by operation of law or otherwise, without the prior written consent of PapiPay, which may be withheld in its sole discretion. PapiPay may assign or delegate any right or obligation under these Terms, whether by operation of law or otherwise, in its sole discretion and without your consent.

 

 

 

22. Waiver and Severability

 
PapiPay’s failure to enforce or exercise any of the provisions set forth in these Terms or to act with respect to your breach of the Terms or by others will not constitute a waiver and does not waive our right to act with respect to such a breach or with respect to subsequent or similar breaches. If any provision contained in these Terms is determined to be invalid, void, or unenforceable in any jurisdiction, then such provision will be narrowly construed, limited, modified or, if necessary, removed to the extent necessary for resolving such invalidity or unenforceability, while maintaining, as nearly as possible, the original intentions of the parties, and shall otherwise not invalidate or render unenforceable any other provision of these Terms, which shall remain in full force and effect.

23. Headings

 
The headings used in these Terms are for convenience and reference purposes only and do not affect in any way the meaning or interpretation of any part of this Agreement.

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.

 

 

 

26. No Third-Party Beneficiaries

 
These Terms are between PapiPay and you, there are no third-party beneficiaries.

27. Other Provisions

 
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, directives, and regulations that apply to your use of the App. You understand and acknowledge that your use of the App may be subject to other laws. Use of the App may also be subject to additional terms and conditions that apply when you use certain features, such as adding payment capabilities, or other services.
 
 
Unless otherwise noted, the App content and services provided by PapiPay are the property of 111 PapiPay Operating, LLC, all rights reserved.© 2021.