The Provider reserves the right to update the TOU at any time with notice to User. The most current version of the TOU can be reviewed at our Service website https://paytraq.com/terms/en.
1. THE PARTIES OF THE TOU
1.1. The Provider of Service (PayTraq SIA) and the User (individual or corporate), using the given Service have entered into the present TOU as follows.
2. USE OF THE SOFTWARE
2.1. The Provider provides the User with the access right to the Service through a website and gives the right to use its software through the Internet browser, limited by the chosen type of a subscription. The given right is not exclusive; it cannot be transferred to another person, and it is limited to this TOU.
2.2. The User is given the opportunity to conduct the simultaneous account on several legal or physical persons (registration units), creating separate business profiles (hereinafter “Profile”) for each separate unit.
3. THE RIGHTS AND THE RESPONSIBILITIES OF THE PARTIES
3.1. The User agrees to use the given Service within the limits of the current legislation of the Latvian Republic for the internal business or personal purposes.
3.2. The User cannot use the given Service for any illegal purposes, including, but not limited to a deceit of the third parties, providing someone with the false information, for the storage of another person's data or the data protected by intellectual property laws, and disclosing the confidential information.
3.3. The Provider of the Service has the right to terminate the given TOU in case of infringement of its conditions by the User.
3.4. The User agrees to keep in secret the login name and the password used for the identification of the User in the Service. If it is possible that the password can be lost or detected by the third parties, the User should immediately change the password. For safety and protection of the User’s access to the data it is recommended not to use simple passwords and to change passwords periodically. The Provider will not be liable for the unauthorized access to the User’s data by the third parties caused by the detecting of the User’s password.
3.5. The User agrees not to use the same login name and password for the access to the same data by different persons. If the User needs to grant the other person the additional access to the User’s data, the User has the right and the opportunity to add the extra persons to the current Profile by creating additional users, or to provide the access to the data by connecting already existing user of the Service. Adding extra persons to the Profile, the User takes full responsibility for the safety of the data and for the control of the access to the data by the persons added to the Profile. The User also takes full responsibility for the persons added to the User’s Profile to comply with the TOU.
3.6. The User within the limits of the given TOU agrees not to attempt to compromise the security or impair the work of the Service, its software, computer networks and servers. The User agrees not to try to get an unauthorized access to the data of the other users or to attempt to limit the given access.
3.7. The User agrees to make payments for the provided services on time.
3.8. The User releases the Provider from all claims, damages, losses and charges caused by the infringement of any conditions of the given TOU by the User.
3.9. The User has the right to remove all his/her data from the database of the Service, as well as to terminate the given TOU.
3.10. The Provider has the right not to permit the repeated registration of the User, whose registration record has been removed because of the infringement of the conditions of the given TOU.
3.11. The Provider takes responsibility for the protection of the User’s data, its integrity and safety.
4. DATA CONFIDENTIALITY
4.1. Both parties agree to keep in secret all the information gained in connection with the present TOU. Both parties agree that they will not disclose any confidential information to other parties without a prior written consent of the other party, and will not use it for their own benefit, except for the conditions, specified in the present TOU.
5. INTELLECTUAL PROPERTY
5.1. The name and all the intellectual property rights for the software, the Service websites, and all the documentation, relating to the software, are the property of the Provider.
5.2. All the User’s data input remains the property of the User. Nevertheless, the User’s access to the data can be limited or blocked in case of the delay of payments for the provided Service, or in case of infringement of the conditions of the TOU.
5.3. The User can ask the Provider to remove part of his data or all his data from the Provider’s database.
5.4. The Provider agrees to take all necessary actions to prevent the loss of the data, but does not guarantee that the loss would not occur. The Provider excludes all responsibility for any loss of the data irrespective of how they have been lost.
6. THE LICENSE FOR THE USE OF THE SERVICE
6.1. The given TOU implies the separate valid license for each Profile created by the User.
6.2. When the User first sign up for access to the Service the User can evaluate the Service under the defined trial usage conditions, with no obligation to continue to use the Service. If the User choose to continue using the Service thereafter, the User has to subscribe to one of the paid plans and will be billed from the first day of the selected subscription.
6.3. The Provider will continue invoicing the User according to the billing period of the selected subscription plan until the User's paid subscription is terminated or expired. All invoices for the Service will be sent to the User, or to a Billing Contact whose details are provided by the User, by email. The User must pay or arrange payment of all amounts specified in any invoice by the due date for payment. The Provider may terminate the User's subscription if the issued invoices have not been paid on time.
In case of card payment the User will be notified by email of every successful transaction and will receive a payment confirmation receipt/invoice.
6.4. If the User chooses to cancel the given Service, he agrees to pay all the invoices issued for the billing periods prior the date of cancellation.
6.5. If the User chooses to cancel the given Service, all User’s data will be immediately deleted. The Provider will not provide any refund for any remaining prepaid period.
6.6. If the User’s subscription has expired or terminated, or the issued invoices have not been paid on time, the User’s access to the data would be blocked.
6.7. If the User’s subscription has expired or terminated, the Provider reserves the rights to delete the User’s Profile whose subscription has expired or terminated within 30 (thirty) days after the date of expiration or termination.
6.8. The Provider has the right to terminate the User’s subscription in case of the infringement of the given TOU conditions without any compensation.
6.9. If the User needs to renew access to the data and create a new subscription in the cases when the previous subscription expired more than 30 days ago, or was suspended by the Provider due to violation of this TOU, the Provider reserves the right to charge a recovery fee of 50 EUR.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1. The User incurs all risks connected with use of the given Service. All services and all the software are provided on "as is" basis, without any guarantees.
7.2. The Provider does not guarantee that the software would meet the User’s requirements or that the Service would be right for his/her purposes. In order to prevent any doubts, all representations and warranties are excluded to the extent permitted by law.
7.3. The Provider does not guarantee that the use of the given software will be uninterrupted or correct. The Provider does not bear responsibility for the faults in the Service performance, caused by technical failures, natural cataclysms and other force majeur circumstances.
7.4. If the User for any reasons is not satisfied with the performance, functionality or reliability of the given Service, the only and exclusive way of legal protection is cancellation of the TOU by sending the Provider a cancellation request.
8. FINAL PROVISIONS
8.2. The Provider does not bear responsibility for the mismatch of User’s requests and actual service.
8.3. Both parties will not be liable for any failure or delay in performing their obligations under this TOU to the extent that this failure is the result of any cause or circumstance beyond the reasonable control (force majeur). This does not concern the User’s obligations to pay the issued invoices for the provided Service on time.
8.4. The User agrees not to give or transfer any of the rights, received from the Provider, to any other person, without preliminary written consent of the Provider.
8.5. Any disputes and conflicts that may arise between the parties of this TOU in the process of interaction between the User and the Provider that can not be settled amicably through negotiations shall be brought before the court according to the legislation of Latvian Republic.
9. TIME AND CONDITIONS OF THE AGREEMENT
9.1. The present TOU is valid from the moment of the User’s registration in the Service and extends to all the time of the use of the Service.