1. Acceptance of these terms
These Terms of Service (the "Terms") form a binding agreement between you and DeclarePay ("DeclarePay," "we," "us," or "our") governing your access to and use of the website at declarepay.cc and any related online services (the "Site"). By accessing the Site, submitting a form, or otherwise interacting with the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms do not govern our merchant processing services, which are addressed in a separate merchant agreement signed during onboarding.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to form a binding contract to use the Site. By using the Site you represent that you meet these requirements. If you are using the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. Acceptable use
You agree not to:
- Submit false, misleading, fraudulent, or impersonated information through any form on the Site.
- Attempt to gain unauthorized access to the Site, our systems, accounts, or any other user's information.
- Probe, scan, test, or interfere with the security or operation of the Site, including by introducing viruses, malware, or other harmful code.
- Use automated tools (bots, scrapers, crawlers) to access, copy, or harvest content from the Site beyond what is permitted by our robots.txt.
- Reproduce, distribute, sell, lease, or create derivative works from any content on the Site without our prior written consent.
- Use the Site in any way that violates applicable laws, regulations, or third-party rights.
- Send spam, phishing messages, or other unsolicited communications using contact information obtained through the Site.
We may suspend or terminate access for any user who violates these terms, with or without notice.
4. Information you submit
When you submit information through the Site (for example, through our contact or careers forms), you represent that the information is accurate and that you have the right to share it with us. You are solely responsible for the content of your submissions. We may decline to respond to or act on any submission at our discretion.
5. Cash discount, pricing, and other product information
Information on the Site about cash discount programs, pricing, approval times, and other services is for general informational purposes only. Nothing on the Site is a binding offer, contract, or guarantee of any specific rate, term, approval, or outcome. All merchant accounts and product offerings are subject to credit approval, underwriting review, and execution of a separate written merchant agreement.
Cash discount program legality, configuration, and disclosure requirements vary by state and by card brand. Any examples or projected savings shown on the Site are illustrative; your actual results will depend on your business' specific card mix, ticket size, and customer behavior.
Information on the Site does not constitute legal, financial, or tax advice.
6. Intellectual property
All content on the Site — including text, graphics, logos, icons, images, videos, software, and the "DeclarePay" name and marks — is the property of DeclarePay or its licensors and is protected by United States and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to view and interact with the Site for its intended purposes. All other rights are reserved.
7. Third-party links and services
The Site may contain links to or integrate with third-party websites and services that we do not control. We are not responsible for the content, accuracy, privacy practices, or terms of those services. Your use of any third-party service is at your own risk and is governed by that service's terms.
8. Disclaimer of warranties
The site and all information, content, and services provided through it are provided "as is" and "as available," without warranties of any kind, either express or implied. To the fullest extent permitted by law, declarepay disclaims all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information presented on the site is complete, accurate, or current.
9. Limitation of liability
To the fullest extent permitted by applicable law, in no event will declarepay or its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost data, business interruption, or goodwill, arising out of or in connection with your access to or use of (or inability to access or use) the site, even if we have been advised of the possibility of such damages.
In jurisdictions that do not allow the exclusion or limitation of certain damages, our total aggregate liability to you for all claims arising out of or relating to your use of the site is limited to one hundred united states dollars ($100).
10. Indemnification
You agree to defend, indemnify, and hold harmless DeclarePay and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit through the Site.
11. Electronic communications
By using the Site or submitting your email address through any form, you consent to receive electronic communications from us related to your inquiry. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that those communications be in writing.
12. Modifications to the site and these terms
We may modify, suspend, or discontinue the Site, or any feature of it, at any time without notice. We may also revise these Terms from time to time. The "Last updated" date at the top of these Terms shows when the most recent changes took effect. Your continued use of the Site after a change constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Site.
13. Governing law and dispute resolution
These Terms and any dispute arising out of or related to them or to your use of the Site are governed by the laws of the United States and the State in which DeclarePay is principally based, without regard to conflict-of-law principles.
Informal resolution first. Before filing any formal claim against DeclarePay, you agree to try to resolve the dispute informally by contacting us at info@declarepay.cc and giving us at least 30 days to respond and attempt to resolve the matter.
14. Severability and waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.
15. Entire agreement
These Terms, together with our Privacy Policy and any other notices we publish on the Site, constitute the entire agreement between you and DeclarePay regarding your use of the Site, and supersede any prior agreements between you and us about the same subject matter.
16. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
17. Force majeure
We are not liable for any failure or delay in performance arising from events beyond our reasonable control, including without limitation natural disasters, acts of government, labor disputes, internet or service-provider outages, or any other event of force majeure.
18. Contact
Questions about these Terms? Email info@declarepay.cc.
