Terms of Service

1. Acceptance of Terms

Welcome to Provvypay. By accessing or using our payment processing platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Provvypay concerning your access to and use of the Service.

2. Definitions

• "Merchant" means any business or individual that uses the Service to accept payments.
• "Customer" means any individual or entity that makes a payment through the Service.
• "Payment Link" means a unique URL generated by the Service to facilitate a payment transaction.
• "Organization" means the business entity registered to use the Service.
• "Platform" means the Provvypay payment processing system, including all associated software and services.

3. Description of Services

Provvypay provides a payment processing platform that enables Merchants to:

• Create and manage payment links
• Accept payments via credit cards (through Stripe)
• Accept cryptocurrency payments (HBAR, USDC, USDT, AUDD via Hedera)
• Track and manage payment transactions
• Integrate with Xero accounting software
• Generate financial reports and analytics

The Service acts as an intermediary between Merchants and third-party payment processors. Provvypay does not directly hold or process card information but facilitates secure payment processing through certified payment service providers.

4. Account Registration and Security

To use the Service, you must register for an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information remains accurate and current

You must not share your account credentials with any third party. You are solely responsible for any loss or damage arising from your failure to maintain account security.

5. Payment Processing

5.1 Credit Card Payments

Credit card payments are processed through Stripe, a third-party payment processor. By using credit card payment features, you agree to Stripe's Terms of Service and Privacy Policy. Provvypay does not store credit card information on our servers.

5.2 Cryptocurrency Payments

Cryptocurrency payments are processed on the Hedera network. Merchants must provide a valid Hedera account ID to receive cryptocurrency payments. You acknowledge and agree that:

• Cryptocurrency transactions are irreversible once confirmed
• You are responsible for the security of your cryptocurrency wallets
• Exchange rate fluctuations may affect the final settlement amount
• Network fees apply to cryptocurrency transactions

5.3 Settlement

Payments are settled according to the terms of your agreement with the respective payment processor (Stripe for card payments, directly to your wallet for cryptocurrency payments). Provvypay is not responsible for delays in settlement by third-party processors.

6. PCI DSS Compliance

Provvypay is committed to maintaining Payment Card Industry Data Security Standard (PCI DSS) compliance. Our platform:

• Does not store, process, or transmit cardholder data on our servers
• Uses PCI DSS Level 1 certified payment processors (Stripe) for all card transactions
• Implements industry-standard security measures including encryption, access controls, and monitoring
• Regularly undergoes security audits and assessments

Merchants using the Service benefit from Stripe's PCI DSS Level 1 certification, the highest level of certification available in the payments industry.

7. Fees and Payment

Use of the Service may be subject to fees as communicated to you during registration or through your account dashboard. You agree to pay all applicable fees.

Third-party payment processors (Stripe, Hedera network) charge their own fees, which are separate from any fees charged by Provvypay. You are responsible for understanding and paying all applicable third-party fees.

We reserve the right to change our fee structure with 30 days' notice. Continued use of the Service after fee changes constitutes acceptance of the new fees.

8. Prohibited Use

You agree not to use the Service for:

• Illegal activities or products prohibited by law in your jurisdiction
• Fraudulent transactions or money laundering activities
• Adult content, gambling, or other high-risk merchant categories without prior approval
• Pyramid schemes, multi-level marketing, or ponzi schemes
• Sale of illegal drugs, weapons, or other prohibited items
• Unauthorized access to the Service or other users' accounts
• Circumventing security features or attempting to breach the platform
• Transmitting viruses, malware, or other harmful code

We reserve the right to immediately suspend or terminate your account if we suspect prohibited use.

9. Intellectual Property Rights

The Service and all content, features, and functionality are owned by Provvypay and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or modify any proprietary notices
• Use the Service to build a competing product

10. Data Security and Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

We implement security measures including:

• Encryption of data in transit and at rest
• Regular security audits and vulnerability assessments
• Access controls and authentication mechanisms
• Monitoring and logging of system activities
• Incident response procedures

While we take reasonable measures to protect your data, no system is completely secure. You acknowledge that you use the Service at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVVYPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, or business opportunities
• Service interruptions or system failures
• Unauthorized access to your account or data
• Errors, mistakes, or inaccuracies in the Service
• Third-party payment processor failures or delays
• Cryptocurrency exchange rate fluctuations

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

12. Indemnification

You agree to indemnify, defend, and hold harmless Provvypay and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your transactions with Customers
• Disputes regarding products or services you sell

13. Termination

Either party may terminate this agreement at any time with notice. We may suspend or terminate your account immediately without notice if:

• You violate these Terms
• We suspect fraudulent activity
• Required by law or regulatory authorities
• We discontinue the Service

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including indemnification, limitation of liability, and dispute resolution) will continue to apply.

14. Dispute Resolution

Any disputes arising from or relating to these Terms or the Service shall be resolved through:

1. Negotiation: The parties shall first attempt to resolve disputes through good-faith negotiation.
2. Mediation: If negotiation fails, disputes shall be submitted to mediation.
3. Arbitration: If mediation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification to your registered email address

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

16. Contact Information

If you have questions about these Terms, please contact us: