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These T&C regulate the rules for using our website paybyface.io and PayByFace applications in USA market.

More specifically it regulates the access and use by you, an individual, of services made available by PayByFace Inc (hereinafter referred to as “PayByFace”), a Texas corporation, registered with offices at 600 Congress Ave Austin, Texas..

YOU MUST CAREFULLY REVIEW THESE TERMS BEFORE CHOOSING TO USE PAYBYFACE’S SERVICES MADE AVAILABLE THROUGH ONLINE AND MOBILE DEVICE PLATFORMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE OUR SERVICES.

Your access to and use of the services constitutes your agreement to comply with these T&C, which gives rise to a contractual relationship between you and PayByFace. If you do not agree to these Terms, you may not access or use the services.

The collection and use by us of your personal information in connection with the services is carried out according to the PayByFace Privacy Policy, located at https://paybyface.io/privacy, to which you must also agree before creating the PayByFace user account.

If after reading this agreement in its entirety you are still unsure of anything or you have any questions, please feel free to contact us at support@paybyface.io.

  1. SERVICES

PayByFace services represent a technology platform which helps you, the User, make payments to third parties, the Merchants, through face recognition on top of other multi-factor authentication methods.

TAKE KNOWLEDGE THAT:

PayByFace is only a technology provider and while operating on the PayByFace platform, PayByFace shall by no means enter into the possession of the funds due to Merchants or Users and there is no actual transfer of funds from Users to PayByFace or from PayByFace to Merchants during a merchant transaction; the sole amount paid to PayByFace is a card processing convenience fee of one 1,00 USD every time the User adds a new bank card into the PayByFace platform so we can verify your access to funds. This card processing convenience fee will be refunded within 2-3 business days for all new users adding a new card as of 10 August, 2020 which get tokenised with Euplatesc.ro online. The payments and transactions at Merchant locations are performed by using PayByFace on-demand distributed biometric payment technology and take place directly between the Users, Merchants, 3rd Party Payment Providers and Banks or, as the case may be in Romania, between Users and Merchants by our 3rd party payment provider euplatesc.ro.

PayByFace is an independent contractor and is not your agent or trustee.

Your PayByFace account is not a bank account. PayByFace is not an issuing bank, seller, processor or depository institution. You are conducting transactions with third parties using PayByFace are between you and that third party’s card processing service provider, and not with PayByFace or any affiliates. PayByFace is the owner of PayByFace platform and is not a party to your transactions at participating Merchant locations.

Unregistered users are not permitted to use the services and any attempts to do so can trigger legal proceedings against such persons.

We only provide our site for domestic and private use. Our services, including creating and using a PayByFace User account are made available free of charge for Users.

  1. YOUR USE OF SERVICES

To use most aspects of the services, you must register and maintain an active personal user account of the Services (the “User Account”). In order to register your User Account, you will need to submit certain personal data (herein inclusive biometric data too) to PayByFace. Detailed information related to what personal data you need to share with us and how we manage your personal data you can find at https://paybyface.io/privacy.

You are responsible for all activities carried out through your User Account and you may open only one PayByFace account.

Payments which are carried out through PayByFace platform should be in accordance with applicable laws and regulations.

  1. HOW IT WORKS

The User uses the PayByFace technology to authorise payment at the merchant’s point of sale (mPOS) terminal using the PayByFace Merchant Kiosk Retail System and app using a face recognition engine.

Registered PayByFace Users can shop and pay for goods and services using their face/biometric identification only at Merchants enrolled in PayByFace who have a PayByFace Merchant Kiosk Retail System installed and integrated in their stores.

Face detection and face recognition is processed locally on the PayByFace Merchant Kiosk Retail System device and your “selfie” photo file is not uploaded or downloaded or saved on any server for our face recognition process to function. Your biometric face template is a unique unidentifiable and encrypted data that we use to match your real-time video capture image with your PayByFace account at the point of purchase directly on the PayByFace Merchant Kiosk Retail System. Account security settings are also checked against PayByFace API for any user or transaction restrictions or fraud alerts on your account or if the face matching service has an issue with accuracy/duplicates. If necessary, the User will need to type in their PIN-ON-GLASS 4-digit secret code into the PayByFace Merchant Kiosk Retail System during checkout for manual confirmation and authorization to process the transaction.

User gets to visually verify the total purchase price and confirms they want to proceed with the transaction after passing the secret code and face recognition steps from above.

PayByFace sends the transaction details to the 3rd Party Payment Gateway for processing (in Romania this service is provided by euplatesc.ro). For more details on euplatesc.ro system please view their F.A.Q. webpage located at https://www.euplatesc.ro/faqs.php.

New User’s can register a new PayByFace account through our PayByFace Consumer App available for free download on iOS or Android smartphone device from both Google Play Store and Apple App Store.

For new users, after they download the app and register, the user receives a welcome e-mail with login details, then users login to manage their account available on both iOS and Android mobile smartphones.

Existing User’s can manage their digital wallet via the PayByFace mobile smartphone app and add/remove debit or credit cards.

Users can add one active card at any time in their PayByFace app, view their profile and add/update/delete their account profile from the app, view transaction history, initiate disputes on transactions with Merchants directly via email, report a fraud alert, update their basic account information and update their biometric face template data.

  1. DEFINITIONS

User – the person that creates a user account on PayByFace platform, meaning the person who is able in certain conditions to buy goods or services from the Merchants enrolled in PayByFace without the need to carry cash, cards or their mobile phones when they go shopping.

Merchant – the store or vendor who sells goods or services to the User. Participating merchants have our PayByFace Merchant Kiosk Retail System installed and integrated in their stores.

Merchant’s bank – the merchant’s bank is the destination account for the payment requested by the mPOS from the User’s bank account.

User’s bank – this is the financial institution that issued the User’s bank/credit card and the source of funds involved in the transaction to pay for the goods or services purchased.

  1. ACCESS TO NETWORK AND DEVICES

It is your responsibility to gain access to the data network required to use the services. The fees and prices charged by your mobile network may be applied for data and message transfer, if you access or use the services on a device that allows wireless communication, you are responsible for paying these rates and prices. You are responsible for obtaining and updating the hardware or devices required to access and use the services, as well as for any updates thereof. PayByFace does not warrant that the services or any portion thereof will work on any particular hardware or device. In addition, the services may be affected by failures and delays inherent in the use of the Internet and electronic communications.

  1. USER’S RESPONSIBILITIES

Transactions are concluded only by and between Users and Merchants. You cannot hold PayByFace liable for any financial transaction made through PayByFace platform.

You will use the PayByFace account in good faith and in compliance with all applicable laws and regulations. You will not use our services to defraud PayByFace or engage in any other unlawful activities.

All the information you provide in connection with the services is true, complete, lawful and accurate.

As User you will be sole responsible for payment of any taxes or duties that may be imposed on any products or services purchased through PayByFace.

You agree to indemnify and hold harmless PayByFace and its officers, directors, employees and agents in the event of any claims, claims, losses, damages and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the services or of the services or goods obtained through your use of the services; (ii) your failure to comply with or breach any of these Terms or (iii) your violation of the rights of any third party.

You cannot assign, in whole or part, this agreement to any person or entity.

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, if you are unsure of certain aspects.

The User is responsible for updating the data in the user account as soon as changes occur. PayByFace assumes no responsibility for any damages of any kind caused by this breach of obligation.

Considering the dependence of the services offered by the Internet access, the possible technical and system limitations that may arise, PayByFace undertakes only diligence obligations regarding the availability of services provided.

No data transmission through the Internet can be guaranteed to be one hundred percent secure. Consequently, despite our efforts to protect your information and use secure information transmission protocols (https), PayByFace cannot guarantee the security of the information transmitted by you to us. We therefore warn you that any information sent to us will be done at your own risk.

User understands and accepts that PayByFace shall transmit its data to the investigating bodies, if it receives a reasoned request from an authorized public institution.

  1. JURISDICTION

If any dispute, controversy or claim arises out of, in connection with or relating to these Terms, the relevant parties shall first attempt to resolve the dispute through amicable negotiations. If you have a dispute with us, do not hesitate to contact us and we shall aim to solve the matter as soon as possible.

You hereby acknowledge that these Terms of use, their subject matter and their formation, are governed by Romanian law. The courts of law from Romania will have exclusive jurisdiction.

  1. SUSPENSION OF THE ACCOUNT

We may close, suspend, or limit your access to your PayByFace Account (or longer if pursuant to a court order or other legal process) if you violate these Terms, or as may be otherwise specified in this Agreement. Temporary suspension is also possible in case of security concerns.

If you are unable to use PayByFace directly or indirectly due to either system suspension or any Force Majeure as defined below, you agree that to the full extent permitted by applicable law you will not hold PayByFace liable for any default, delay or failure in performing its obligations under these Terms.

  1. PAYBYFACE REGISTERED TRADEMARK

“PayByFace. Make purchases with your selfie.” is a European registered trademark of PayByFace SRL. You are not permitted to use it without our approval. We own all intellectual property rights for PayByFace products and services. All such rights are reserved.

  1. WE MAY MAKE CHANGES TO THESE T&C AND/OR TO OUR SITE

We may amend these T&C from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If you object to the renewed Terms you may stop using our services and terminate this agreement by contacting us at [support@paybyface.io].

Also, we may bring changes to our website, or we may suspend or withdraw our site.

We will try to give you reasonable notice of any important changes to these Terms.

  1. EXCLUSIONS AND LIMITATIONS OF LIABILITY

Neither you, nor PayByFace shall be held liable for any default, delay or failure in performing its obligations under these Terms resulting directly or indirectly from acts of nature, forces or causes beyond the reasonable control of such party, including (i) a fire, flood, elements of nature or other acts of God, (ii) an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism; (iii) Internet failures, computer, telecommunications, electrical power failures or any other equipment failures; (iv) a labor dispute, (v) acts or omissions of a government authority prohibiting or impeding the affected party from performing its obligations under these Terms, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls. If a Force Majeure Event occurs, the non-performing party to these Terms will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues, and the party continues to use commercially reasonable efforts to resume performance.

PayByFace is also exonerated from liability for fortuitous case and events assimilated to such (e.g. technical or security problems etc.).

  1. LIMITATION OF LIABILITY

The services are provided “as is”, “as available” and without any representation or warranty, whether express, implied, or statutory. PayByFace, our affiliates, and our respective officers, directors, agents, joint ventures, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. PayByFace makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

You expressly understand and agree that PayByFace and our affiliates and service providers, and their respective officers, directors, agents, joint ventures, employees, and representatives will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data, or other intangible losses (even if PayByFace has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the services.

We reserve the right, and by accepting this T&C you expressly agree with our right to freely assign or transfer this agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent.

Except as set forth in this agreement, all payment transactions processed through the services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your PayByFace transactions by logging into your account.

PayByFace does not guarantee or ensure that a complete transaction shall take place between the User and the Merchant.

Also, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If at a certain moment our site shall contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

We make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

The limitations as provided in this section are not intended to modify your consumer rights which cannot be excluded under applicable law.

  1. GENERAL PROVISIONS

You may terminate this agreement at any time by closing your account and discontinuing use of the services. You may contact us at [support@paybyface.io] for more details related to this matter.

If any provision of these Terms is held to be invalid or unenforceable, such provisions shall be considered as deleted and the remaining provisions shall be enforced.

Any failure by PayByFace to exercise any of our rights under these Terms shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.

These Terms constitute the entire agreement between the parties regarding their subject matter and cancel and replace all previous or concurrent agreements and commitments regarding the subject matter.