CHEQR PAYMENT SOLUTIONS LLC
TERMS OF USE

Last Updated: September 30, 2022

These Terms of Use govern your access to and use of CheqrPay™, a mobile and web application designed to facilitate payments by you to a third party.

By checking the box to indicate acceptance or by accessing or using CheqrPay, you accept and agree to these Terms of Use. If you do not agree to the Terms of Use, do not access or use CheqrPay.

We may update our Terms of Use from time to time. If we make material changes, we will post the updated Terms of Use on this page. Although we may notify you by email or an in-app alert the first time you use CheqrPay after such changes, you are responsible for periodically visiting this page to check for changes to our Terms. Your continued use of CheqrPay after we make changes constitutes your acceptance of the changes.

CheqrPay is not designed for use by children. If you are under age 18, you may not access or use CheqrPay.

1. Privacy Practices

We respect your privacy. Our Privacy Policy describing our privacy practices is available at https://cheqrpay.com/privacy-policy/.

2. Your Account

You are responsible for providing us with accurate and truthful information concerning your account with CheqrPay and for updating such information, as necessary. We cannot be liable for any information provided to us that is inaccurate, incomplete, or outdated.

You are responsible for maintaining the confidentiality of your username and password for your account and for restricting access to your smart phone or other device. You agree to accept responsibility for all access to or use of CheqrPay under your username or password.

We take all reasonable steps to protect your account from unauthorized access, modification or disclosure, including misuse, interference, and loss. We secure such information in accordance with industry standards. Although our third-party service providers may use encryption to transfer personal information, we cannot guarantee the security of online transactions and electronic exchanges or communication. You provide personal information to us at your own risk. If you suspect any unauthorized use of your account, you agree to contact us using the information at the end of this page.

We reserve the right to terminate your account or remove content from your account at any time and for any reason.

3. Payments

We use Stripe, a third-party payment processor, for all payments that you initiate through CheqrPay. Although we receive certain information from you to initiate payments and manage transactions, we do not receive your financial information, such as bank account or credit card details. Stripe receives your financial information directly and processes the payment. We have no access to or control over the funds used for payment.

Stripe’s Privacy Policy governs Stripe’s collection, use, disclosure, and safeguarding of your personal information and is available at https://cheqrpay.com/privacy-policy/.

4. Refunds

You agree to direct all requests for any refund of any payment initiated through CheqrPay to the intended beneficiary of such payment. CheqrPay shall not have any obligation to initiate a refund of any payment without the beneficiary’s written authorization.

5. Third Party Service Providers

CheqrPay uses services provided by third party service providers. Such services include, without limitation, payment processing, file storage, database management, communications services, cloud hosting services, marketing, identity verification services, and other information technology services.

We disclose your personal information to third parties to assist us in providing the best possible customer service. We limit disclosure of such information to the extent reasonably necessary for us to provide access to and use of CheqrPay or as required by law. We are not responsible for the privacy or security practices of any third party including, without limitation, our third-party service providers or anyone else over whom we have no control. The collection, use, storage, and disclosure of your personal information by such third parties is subject to their own privacy and security policies.

6. Third Party Websites

We may make links available to you to access websites that are not under our control, solely for your convenience. The owners or operators of such websites maintain their own policies regarding privacy and terms of use, and they are solely responsible for the content of their websites. We disclaim any responsibility for linked websites that are not under our control. If you decide to access any third-party website, you do so entirely at your own risk.

7. Performance

WE PROVIDE CHEQRPAY ON AN AS-IS, AS-AVAILABLE BASIS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES OF ANY NATURE WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

8. Limitation of Liability

You acknowledge and agree that your access to and use of CheqrPay is at your own risk. We are not responsible for the acts or omissions of any third party over whom we have no control, except as required by law.

WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, GOODWILL, OPPORTUNITY LOSS, OR SIMILAR LOSS OR DAMAGE, WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, RESULTING FROM OR RELATED TO YOUR ACCESS OR USE OF CHEQRPAY OR YOUR INABILITY TO ACCESS OR USE CHEQRPAY.

WE SHALL NOT BE LIABLE FOR: (i) ERRORS IN OR INTERRUPTION OF USE OF CHEQRPAY; (ii) LOSS OR CORRUPTION OF ANY DATA RELATED TO YOU; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (iv) LOSS OF BUSINESS; OR (v) ANY MATTER BEYOND OUR REASONABLE CONTROL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE AS A RESULT OF ANY OF THE FOREGOING. OUR LIABILITY TO YOU UNDER ANY CIRCUMSTANCES SHALL BE LIMITED TO DIRECT DAMAGES

9. Restrictions on Use

You acknowledge and agree that CheqrPay and any related materials constitute intellectual property or proprietary information (collectively, “Intellectual Property”) belonging to us. Except as expressly provided herein, you shall not, directly or indirectly:

• copy, recreate, or otherwise obtain, modify, or use any source or object code, architecture, or algorithm contained in CheqrPay;
• disassemble, decompile, or otherwise reverse engineer all or any part of CheqrPay;
• use CheqrPay in violation of these Terms of Use or for any unlawful purpose;
• export CheqrPay or any part thereof in violation of applicable laws;
• subcontract, distribute, disclose, rent, lease, or otherwise make available your account or any part thereof for use by any third person;
• modify, adapt, or use CheqrPay to develop any application, software, or related services for resale; and
• access or use CheqrPay outside the United States.

CheqrPay may incorporate or rely upon the Intellectual Property of third parties, as authorized by such parties. You acknowledge and agree that such Intellectual Property may be protected under copyright, trademark, patent, and other applicable law, both domestically and internationally. You shall not infringe upon any third party’s rights in connection with your access to or use of CheqrPay.

At all times, you shall maintain and use commercially standard virus protection software to ensure that the mobile phone or other device used to access or use CheqrPay is virus free.

10. Communications

We may use automatic dialing equipment to place calls or send texts or other electronic messages to you about your account or other important information, and we may use an artificial or prerecorded voice in connection with such communication. You hereby consent to receive communications from us at any telephone number or email address that you provide to us, now or in the future. You understand that, when you receive a communication from us, you may incur a charge with your wireless or internet service providers. You agree that we shall have no liability for such charges.

11. Governing Law

You agree that, except to the extent inconsistent with or preempted by federal law, Minnesota law governs these Terms of Use and your access to or use of CheqrPay, without reference to conflicts of laws principles.

12. Contacting Us

If you have questions or concerns about these Terms of Use, please contact us by:

E-MAIL:
support@cheqrpay.com

or by:

MAIL:
Cheqr Payment Solutions LLC
202 N Cedar Ave STE #1
Owatonna, MN 55060-5506