Terms & Conditions
Welcome to QisstPay, a SaaS and payments product provided by QisstPay, Inc. ("QisstPay," "we," "us," or "our"). By accessing or using our services, you agree to be bound by the following Terms of Service ("TOS") and all terms incorporated by reference. If you do not agree to these terms, please do not use our services.
1. Acceptance of TermsBy creating an account, accessing, or using QisstPay, you agree to be bound by these TOS, our Privacy Policy, and any additional terms specific to the services you use. If you do not agree with any part of these terms, you must not use our services.
2. Description of ServicesQisstPay provides accounts receivable automation by facilitating payment methods through our partners and offering net terms, where we front the "Seller" the cash, and the "Buyer" can pay us back over time.
3. EligibilityWhile we do not have specific age restrictions, QisstPay primarily targets businesses and individuals aged 18 and above.
4. Account Creation and Information CollectionTo use QisstPay, you must create an account. During the account creation process, we collect various information, including names, emails, phone numbers, financial and banking data, EIN, addresses, and accounting, payment, and inventory data through uploads or API connections to third-party services such as QuickBooks, Stripe, Plaid, and others.
5. Fees and Payment TermsQisstPay charges a monthly or annual SaaS fee, depending on your chosen plan, and a variable amount disclosed at the time of each transaction. SaaS fees are charged on the same date each month or year, based on your billing cycle. Transaction fees will be further specified in separate documents provided by QisstPay. By using our services, you agree to pay all applicable fees, including any taxes or additional charges that may apply. QisstPay reserves the right to change our pricing and fees at any time, with notice provided through our website or other communication channels. Any changes to pricing will take effect at the start of the next billing cycle. You are responsible for regularly reviewing our pricing information and ensuring your payment information remains up to date.
6. Refunds and CancellationsQisstPay does not offer automatic refunds. If you cancel your account, you are responsible for paying any remaining fees for the current billing cycle. Refund requests will be evaluated on a case-by-case basis at our sole discretion.
7. Prohibited Activities & Use CasesYou agree not to use QisstPay for any illegal activities or activities prohibited by law or our partners, including but not limited to transactions involving cannabis, firearms, or any other activities deemed high-risk or prohibited by QisstPay. We reserve the right to refuse service to any business or individual at our sole discretion.
8. Intellectual PropertyAll intellectual property rights related to QisstPay, including trademarks, copyrights, and patents, are the property of QisstPay, Inc. You agree not to use, copy, or distribute any of our intellectual property without our prior written consent.
9. User ResponsibilitiesYou are responsible for maintaining the accuracy of the information provided to QisstPay and for keeping your account credentials secure. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
10. User-Generated ContentBy submitting or uploading any content to QisstPay, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our services.
11. Data SecurityQisstPay takes reasonable measures to protect user data and maintain the security of our services. However, no method of transmission over the internet or electronic storage is 100% secure. You are responsible for implementing appropriate security measures to protect your own data and systems.
12. Third-Party ServicesQisstPay integrates with various third-party services, including but not limited to Apollo.io, Plaid, Stripe, OatFi.com, Google, Customer.io, Amplitude, FullStory.com, Slack, Microsoft products, QuickBooks, and Oodo. Your use of these services is subject to their respective terms and privacy policies.
13. Data Collection and UsageWe collect and store data submitted to us, including data obtained through third-party integrations. By using QisstPay, you grant us the right to use this data at our sole discretion, subject to applicable laws and our Privacy Policy.
14. Service Level AgreementQisstPay strives to maintain a high level of service availability, with a target of 95% uptime. However, we do not guarantee uninterrupted access to our services. Scheduled maintenance, system upgrades, and unforeseen circumstances may result in service interruptions. We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice. In the event of significant downtime or service interruptions, QisstPay will make reasonable efforts to notify users and restore services as quickly as possible.
15. Data RetentionQisstPay retains user data indefinitely, subject to our data retention policies and applicable laws. We reserve the right to use, process, and analyze this data for our business purposes, including but not limited to improving our services, developing new features, and generating insights and analytics.
16. Disclaimers and Limitation of LiabilityQisstPay provides its services on an "as-is" and "as-available" basis, without any warranties, express or implied. In no event shall QisstPay be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services.
17. IndemnificationYou agree to indemnify, defend, and hold harmless QisstPay and its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses arising out of your use of our services or violation of these TOS.
18. TerminationQisstPay reserves the right to suspend or terminate your account and access to our services at any time, for any reason, without prior notice. Upon termination, you remain responsible for any outstanding fees or obligations.
19. Governing Law and Dispute ResolutionThese TOS shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these TOS shall be brought exclusively in the courts located in Tarrant County, Texas. In any legal action, the prevailing party shall be entitled to recover litigation fees and costs.
20. Modifications to TermsQisstPay reserves the right to modify these TOS at any time without prior notice. Any changes will be posted on our website, and your continued use of our services after the modifications constitutes your acceptance of the updated terms.
21. Consequences of TerminationUpon termination of your QisstPay account, we will retain your data in accordance with our data retention policies and applicable laws. We reserve the right to delete your data after a reasonable period following termination, except where prohibited by law.
22. Geographical RestrictionsQisstPay's services may not be available in all jurisdictions. You are responsible for ensuring that your use of our services complies with the laws and regulations of your jurisdiction.
23. LanguageThese TOS are written in English, which shall be the legally binding language. Any translations of these TOS are provided for convenience only and shall not be considered in the interpretation or application of these terms.
24. Contact InformationIf you have any questions about these TOS or our services, please contact us at B2B@QisstPay.com or at our main business address: QisstPay, Inc., 2451 W Grapevine Circle, Suite 565, Grapevine, TX 75028.
By using QisstPay, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.