Before registering, accessing, or using any of this Site please read on. By registering, accessing, or using the Site or any tools provided herein, You accept the terms and conditions outlined in this Agreement. If You do not agree to the Agreement, You may not access the Site or tools. If You use the Services (as defined below) on behalf of a business, You represent and warrant that You can enter into this Agreement with TransferZero on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have received a copy of the Agreement.
In addition to this Agreement concerning the use and access of the Website or tools, further terms and conditions may apply to Your use of the Website or tools and TransferZero Services (“Customer Agreement”). To the extent any of the terms of the Agreement are inconsistent with Customer Agreement, the Customer Agreement will control.
TransferZero provides web-based payment processing services (the “Services”). The Services are provided in accordance with the Customer Agreement entered into by the customers and TransferZero.
When and if You access any of the Website or tools, or send any emails to TransferZero, You are electronically communicating with Us. Such action constitutes consent to the receipt of TransferZero’s electronic communications. We may e- mail You back or post notices on the Website or tools. Such action also confirms that all communications We provide to You electronically do satisfy legal requirements that such communications be in writing, if applicable.
As between you and TransferZero, the Website and tools and related design (including but not limited to text, content, photographs, video, audio, interfaces, graphics, and the selection and arrangement thereof), and all intellectual property rights therein are and shall at all times remain the sole and exclusive property of TransferZero and are protected by applicable EU and international intellectual property laws and treaties.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website and tools (“Submissions”), provided by you to TransferZero are voluntary, non-confidential, and TransferZero will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any use of the materials on the Website or tools, other than as permitted by agreement (including reproduction, modification, distribution, or republication), without prior written permission of TransferZero, is prohibited.
You are granted a nonexclusive and nontransferable license to electronically access and use the Website and tools only in the manner described in this Agreement. TransferZero does not sell to you, and you do not have the right to sublicense any TransferZero intellectual property. You agree and acknowledge that TransferZero has the right to change the content or technical specifications of any aspect of the Website and tools, including the availability of any API, at any time, in TransferZero’s sole discretion. TransferZero may release subsequent versions of APIs, and You may be required to use those subsequent versions. You further agree that any such change may result in You being unable to access the Website and tools. TransferZero may revoke or terminate this license at any time, without liability.
This Agreement does not include any right for you to use any trademark, service mark, trade name or any other mark of TransferZero or any other party or licensor. You agree that TransferZero may list your name and/or your application (including by displaying any trademarks related thereto) and identify the business relationship between the You and TransferZero on TransferZero’s Website and tools and in other marketing and advertising collateral. No rights or licenses are granted except as expressly set forth herein.
You are responsible for securing your secret keys or passwords – do not publish or share them with any unauthorized persons. Failure to secure your secret keys or passwords will increase the likelihood of fraud on your TransferZero account and potential losses to you or your customers. You should contact Us immediately if you become aware of any unauthorized use of your secret key, password or any other breach of security regarding the Services. You may be asked to create an account with TransferZero or be given credentials to an account for You to access the Website or tools (such personal account, “TransferZero Account”), which allows us to remember You, store certain identifying information (such as a password or Your email address). You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account.
You agree to notify TransferZero immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that TransferZero is not liable for any damages or loss arising from Your failure to comply with this section. Either You or TransferZero may close and/or suspend access to Your Account at any time. You may close Your Account by sending an e-mail to [email protected]
You may not use the Website or tools for any purpose other than as expressly set forth herein or in the Customer Agreement without TransferZero’s prior written consent, including without limitation to access TransferZero’s user data or information without authorization or in any manner or for any purpose that violates any law or regulation or any right of any person (including but not limited to intellectual property rights or rights of privacy). You may not submit or link to any content that violates anyone’s privacy or publicity rights.
You may not use the Website or tools to build a product or service that is competitive with TransferZero, the Services, or engage in any practices that discriminate against or discourage the use of TransferZero’s Services. In addition, you shall not use the Website or tools in connection with or to promote any applications or other products, services, or materials that constitute, promote or are used for the purpose of dealing in: spyware, adware, or other malicious programs or code; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, obscene or otherwise offensive content. Without limiting the foregoing, you shall not use the Website or tools or TransferZero’s Services for any illegal purpose. Except as expressly and unambiguously authorized under this Agreement and or the Customer Agreement, you may not
(i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of the Website or tools or TransferZero’s Services,
(ii) otherwise use the Website or tools or TransferZero’s Services on behalf of any third party.
“Confidential Information” means all information related to TransferZero’s Services including but not limited to the following:
(i) Any information you receive or enter via the Website (including the sandbox environment).
(ii) All information disclosed in writing and marked “confidential”proprietary,” or with a substantially similar marking.
(iii) All information disclosed orally and identified as confidential at the time of disclosure.
(iv) Any other information that by its nature you understand or would reasonably be expected to understand to be TransferZero’s confidential information.
You must maintain TransferZero’s Confidential Information in confidence and must not disclose it to third parties or use it for any purpose other than as necessary and required to develop your application as permitted herein. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you shall immediately notify TransferZero and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Your obligations hereunder shall survive the termination of this Agreement. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that TransferZero will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.
You agree that TransferZero shall have no liability whatsoever for any use you make of the Website, tools or Services. You agree to indemnify and hold harmless TransferZero from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Your use of the Website, tools or Services, or your breach of this Agreement.
The website, tools, and all content, software, materials and other information provided by transferzero or otherwise accessible to you in connection with this agreement or transferzero’s services, are provided “as is” and transferzero, and their respective affiliates make no warranty of any kind (and disclaim all warranties of any kind) with respect to the foregoing, whether express or implied, and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement, in each case to the maximum extent permitted under applicable law. without limiting the foregoing, transferzero makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. transferzero makes no warranty regarding the quality of the services, website or tools. regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will transferzero or its suppliers be liable to you or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory for:
(a) any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the website, tools, or services, even if transferzero has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.
(b) any damages relating to the website, tools, or transferzero services, or your use thereof.
This Agreement shall be construed in accordance with and governed by the laws of Spain. You hereby irrevocably consent to the exclusive jurisdiction of the Spanish courts in all disputes arising out of or related to the use of the Website, tools or Services.
This Agreement contains the entire understanding between You and TransferZero with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.
By using or accessing the Website or tools, You represent and warrant that You have read, acknowledge, and agree to be bound by this Agreement. You further represent and warrant that:
(i) You will comply with all applicable law regarding the transmission of any data obtained from the Website or tools.
(ii) You will not use the Website or tools for illegal purposes.
(iii) You will not interfere with or disrupt networks connected to the Website.
All notices and other communications under this Agreement must be in writing to the designated TransferZero email provided on the Website. Notices to You will be delivered to the email address provided to TransferZero.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign this Agreement or any rights, obligations, or privileges under this Agreement without TransferZero’s prior written consent. TransferZero may assign its rights and obligations under this Agreement at any time without notice to You.