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Terms of use
Updated on
October 23th, 2023
General provisions
To become our Client, you must be at least 18 years of age or of legal age in your country/region of residence. If you are acting on behalf of a legal entity, you represent and warrant that such entity is duly incorporated, validly existing and in good standing under the laws of the jurisdiction of its incorporation, and that you are duly authorized to enter into these Terms and Conditions on its behalf.
By registering  in our Website, you agree to abide by all terms of these Terms and  Conditions, as well as other policies (Privacy Policy).
We may change these Terms and Conditions and any of the policies listed above from time to time. The revised version will be effective at the time it is posted on our website unless otherwise stated.
By continuing to use our services after any changes to these Terms and Conditions any of the other applicable terms, agreements or policies listed above, you agree to comply with and be bound by those changes.
Availability of services varies by country/region.

Definitions
1.1. Agreement– the present Terms and Conditions, as well as Service or other type of agreement concluded between Paycos and Client.
1.2. Business Day – means any day from Monday through Friday excluding any public holidays.
1.3. Client – a legal entity who has connected to the Paycos service program via the Website, as well as legal entities intend to enter into a business relationship with Paycos.
1.4. Client Account – means the user account created in order to enable the Client to access the Services through a secure, personalized online interface (Business Account).
1.4. KYC– the “Know Your Client” procedure aiming at identifying, verifying and obtaining principal information about the Client, such as contact information, registered address, the purpose and nature of the business relationship, planned turnover, ownership structure, economic activity, source of funds, etc.
1.5. Privacy Policy– document outlining the methods and practices for processing, storing, and protecting personal data in compliance with applicable data protection regulations.
1.6. Services – a limited, non-exclusive, non-transferable, non-sublicensable right to access to our Software and its Services solely for Client’s legal business purposes and technical integration services for the Client’s Website as well as other technical professional services we posses that Client may require.
1.7. Fees – shall mean the License Fees, Support Services Fees, and Professional Services Fees, when applicable.

Use of our Website and Scope of Services
2.1. Under present Terms and Conditions, we may provide a limited, non-exclusive, non-transferable, non-sublicensable right to access our Software and integration services for the Client’s Website with third party providers.
Our Services include but not limited to
i) technical integration implying connection of the Website(s) of the Client with selected payment gateways;
ii) creation of a Client Account and login credentials in order to access the Services providing technical documentation instructions on how to use the Services;
iii) providing client service in technical support;
v) other personalized services.
2.2. In order to provide our Services, we may request corporative documents and other related documents according to our compliance procedures and KYC polices.
2.3. We would like to draw your attention to the fact that, in providing our Services, we adhere to a risk assessment approach and strive to properly implement the "Know Your Customer" principle. Therefore, we may ask you to provide additional documents and/or written explanations beyond those mentioned above, Furthermore, we reserve the right, at any time and without any obligation to provide justification, to refuse to register a Client Account or to deny access to its Services, particularly in cases where the Client fails to satisfy our compliance requirements or where such registration would, in our view, pose legal, reputational, or regulatory risks
2.4. We are committed to complying with all applicable anti-money laundering laws, rules, and regulations, as well as sanctions list imposed by the EU, the UN and OFAK. Therefore, you shall authorize us to make any enquiries necessary to verify your identity, either directly or through third parties.  As our Client, you are expected to adhere to all applicable laws and regulations. While our application does not provide financial services, your cooperation in providing accurate information and reporting any suspicious activities is crucial.
2.5. Paycos evaluates the possibility of rendering Services for you at its sole
discretion and has the right to refuse moderation without explanation.
2.6. To ensure the security of your use of our Services, we are always monitoring
the activity declared while using our Services.
In case of any change in the declared activity, any other information provided to Paycos during the moderation process, you must immediately notify us by contacting our support team.
If Paycos finds during the monitoring process that the activity declared does not correspond to the actual activity, Paycos reserves the right to take a range of actions. More details on limitations, blocking, freezing and other actions can be found in the relevant section of these Terms.
Restrictions and other actions we may take
3.1. In observance of the generally recognized principle of the freedom of contract, Paycos shall have the right to choose, at its sole discretion, the range of its potential Clients with whom to establish business relationship – offer Services, enter into the any types of Agreements, excluding the cases when applicable legal acts establish otherwise.

3.2. Prohibited Activities:
In connection with the use of our Services, Clients may not:
➢ Violate these Terms of Conditions or any other agreements you have with Paycos.
➢ Violate any law, legislation, ordinance or regulation (such as those, consumer protection, unfair competition, discrimination or
false advertising or governing financial services).
➢ Infringement of copyrights, patents, trademarks, trade secrets or other intellectual property rights of Paycos or third parties, as well as rights of publicity
or confidentiality.
➢ Sell counterfeit goods.
➢ Act in a defamatory, commercial, threatening or harassing manner.
➢ Provide false or misleading information.
➢ Send or receive funds that we believe may be fraudulent.
➢ Engage in potentially fraudulent or questionable behaviour or transactions.
➢ Refuse to provide evidence of your identification or share any information you provide to us for identification and verification purposes.
➢ Control an account that is linked to another account that has engaged in any of the prohibited activities.
➢ Conduct your business or use our services in a manner that causes or is likely to causecomplaints; customer requests for cancellation of payments made to you; or fees, fines, penalties or other liability or damages to Paycos, other Clients or third parties.
➢ Take any action that places an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any our services) operated by or on behalf of us, or Paycos Services.
facilitate any viruses, Trojan horses, malware, worms or other computer
programmes that attempt to or may damage, disrupt, corrupt, abuse, temporarily
interfere with, wrongfully intercept or expropriate.
➢ Use the software for automated behaviour. Paycos constantly tracks the
evidence of such behaviour and identifies the relevant signs.
➢ Take any action that could result in the loss of disruption of services provided by Paycos, payment processors, or other vendors and service providers integrated with Paycos.
➢ Without our or any relevant third party's permission, you may not copy,
reproduce, transmit to third parties, edit, modify, create derivative works from,
publicly display or design any material from the Paycos Website.
➢ To be engaged in any other activities prohibited by applicable law.
3.4. If we suspect or believe that you have engaged in conduct prohibited under this Terms and Conditions, we
may, in our sole discretion, take several steps to protect us, its other Clients and others.
Among the actions we are entitled to take, including, but not limited to:
➢ Terminate these agreement or Terms and Conditions.
➢ To refuse to provide Services to you now and in the future.
➢ Restrict your access to our website, software, systems (including but not limited to any networks and servers) operated by us or on our behalf, your Paycos account or any Paycos services.
If we obliged to restrict your access to our Services or terminate to provide our Services for any of the above-mentioned reasons, we will provide you with prior notice.
As Paycos acts solely as a technical integrator with proprietary software, you are fully responsible for your Services provided in your Website, as well as any claims, costs, expenses, penalties, sanctions, or other liabilities incurred by your Customers or any other  third parties due to your breach of their rules, these Terms of Conditions and/or your use of the our Services. Paycos shall not be liable for any obligations arising between you and payment service providers.

Our Rights
5.1. Suspension and termination of work
Paycos reserves the right, in its sole discretion, to suspend or terminate these Terms of Conditions, access to or use of its websites, software, systems (including any networks and servers used to provide any Paycos Services) operated by or on behalf of us, or some or all Paycos Services for any reason and at any time upon notice to you.
5.2. Waiver of Claims
Failure on our part to act in response to any breach by you or others of your obligations under these Terms of Conditions does not preclude us from acting in response to future or similar breaches.

Disclaimer of warranties and release from liability:
6.1. Disclaimer of warranty
Our Services are provided "as is" and without any express, implied or statutory representations or warranties. We disclaim all warranties and conditions, whether express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, with respect to the services, their use, and any results arising from such use.
6.2. Release of claims
You release Paycos from all claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, arising out of or in any way connected
with disputes with other Paycos Clients. By agreeing to this release, you expressly disclaim any warranties that would otherwise limit the scope of this release toonly those claims that you know or believe exist in your favour at the time this release is entered into.
6.3.The scope of Our Services does not cover:
➢ Provide payment  services or do not operate as a payment service provider;
➢ Act as an escrow agent for any funds held in your account;
➢ Acting as your agent or trustee;
➢ Enter into a partnership, joint venture, employment or agency relationship with
you;
➢ Verify the identity of each of your customer;
➢ Guarantee that the individual or legal entity completes the transaction;
➢ Manage your funds;
➢ Unless otherwise expressly stated in these Terms of Conditions, do not collect or pay any taxes that may arise from your use of our services.
Fees
7.1. We reserve the right to charge fees for access to and use of our proprietary software, as well as for the provision of our integration services. All applicable fees, if any, will be specified in the relevant agreement, an d may be revised from time to time. Where required by applicable law, you will be notified of any such changes in advance.
7.2. All amounts payable by the Client under the Terms and Conditions  are exclusive of amounts in respect of value added tax (VAT). Where any taxable supply for VAT purposes is made under the Terms and Conditions by Paycos to the Client, such tax will be added to the amount payable.
7.3. All amounts due under the Terms and Conditions  shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
Intellectual property
8.1. Grant of Rights
Paycos grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access to the Paycos Software and its Services solely for your legal business purposes. This non-exclusive, non-transferable, non-sublicensable right extends to the software, including any updates, upgrades, new versions, and replacements thereof. You may not rent, lease, assign, or otherwise transfer your rights in the software to any third party.

AML Disclaimer
We are committed to full compliance with all applicable anti-money laundering (AML) laws, regulations, and international standards. Money laundering refers to the process of disguising illicit funds or making them appear lawful. We conduct business exclusively with reputable vendors, suppliers, contractors, customers, and clients engaged in legitimate business activities and whose funds originate from lawful sources.
9.1. As a user of our Website, you are required to comply with all applicable AML laws and regulations. While Paycos does not itself provide financial services, we rely on your cooperation in providing accurate information and reporting any suspicious activity that may indicate money laundering or other financial crimes.
Please note that Paycos does not work with individuals, businesses, or entities located in jurisdictions listed on the Financial Action Task Force (FATF) Black List or Grey List.
For the most up-to-date information, please refer to the official FATF website: [https://www.fatf-gafi.org/en/home.html].

Miscellaneous
10.1. Applicable law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws principles. Any claim, dispute, or controversy arising out of or relating to these Terms and Conditions, your use of our websites, or our services shall be submitted to and finally resolved by arbitration in accordance with the rules of the Cyprus Eurasia Dispute Resolution and Arbitration Center (CEDRAC). The arbitration shall take place in Cyprus, and the language of the proceedings shall be English.
Notwithstanding the foregoing, the parties retain the right to seek interim or injunctive relief in the competent courts of Cyprus if necessary to protect their legal rights or interests. You agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Cyprus for such matters.
10.2. Confidentiality
Your privacy is extremely important to us. Please review our Privacy Policy to learn
more about our commitment to protecting your privacy and how we use and disclose
your information.

Amendments and modifications
Paycos reserves the right to change, modify, or amend these Terms and Conditions where reasonably necessary. If the changes are material, we will notify you within a reasonable time before they take effect. By continuing to use the Website or Services after the effective date of such changes, you accept the updated Terms and Conditions. If you do not agree with the changes, you must discontinue using Our Website and Services.