1. The agreement
These Terms of Service (“Terms”) are an agreement between PayFam (“PayFam”, “we”, “us”) and the business that signs up for or uses PayFam (“you”). They cover the PayFam website, app, checkout and related services (the “Services”).
By creating an account, signing an order form or using the Services, you agree to these Terms. If you accept them on behalf of a company, you confirm you have the authority to bind it. If you and PayFam have signed an order form or other written agreement, it takes priority wherever it conflicts with these Terms.
2. Eligibility and accounts
- The Services are for businesses, not for personal or household use. You must be at least 18 and able to form a binding contract.
- Give us accurate information when you sign up, and keep it up to date.
- You’re responsible for the people you invite to your account, for keeping sign-in details secure, and for everything that happens under your account. Tell us straight away at security@payfam.com if you suspect unauthorised access.
3. The Services
PayFam lets you run checkout, subscription billing, post-purchase offers and a customer portal for your Shopify store; store your customers’ payment credentials in a vault held for your business; and route charges to the payment processors you connect. The features available to you depend on your plan.
We keep improving PayFam, so features change. We won’t materially reduce the core functionality of your plan during a paid billing period without telling you first. Features marked “coming soon”, “beta” or similar are previews: they may change or be withdrawn, and are provided as they are.
4. Your processors, Shopify and your money
You contract directly with your payment processors and with Shopify, and their terms govern your accounts with them. PayFam isn’t a party to those agreements.
PayFam is a software provider. Unless you separately sign up for PayFam Payments under its own terms, PayFam is not a bank, money transmitter or payment processor: we don’t receive, hold or settle your funds. Payouts, reserves, holds and account decisions are made by your processors.
We aren’t responsible for the acts or omissions of processors, Shopify, card networks or other third-party services, including if one of them suspends or closes your account. Routing to another processor you’ve connected is one way PayFam helps you keep billing if that happens, but we can’t guarantee that any third party will accept a transaction.
5. Your responsibilities
You’re responsible for your store, your products and your customers. In particular, you agree to:
- comply with the laws that apply to your business, including consumer protection, automatic-renewal and subscription, privacy and tax laws;
- follow card network rules and your processors’ terms, including those for recurring charges, retries and refunds;
- clearly disclose your subscription terms — price, renewal frequency and how to cancel — and get your customers’ consent before storing their card or charging them on a recurring basis;
- publish your own privacy policy and checkout terms to your customers; and
- handle fulfilment, customer service, refunds and chargebacks for your orders.
PayFam’s settings, templates and suggestions help you run your checkout, but you decide how to configure them and remain responsible for the result.
6. Acceptable use
You must not use the Services to:
- sell anything illegal, or anything your processors or the card networks prohibit;
- commit or facilitate fraud, or process transactions that don’t reflect a genuine sale;
- charge customers without their authorisation, or make it unreasonably hard for them to cancel;
- infringe anyone’s rights, or send unlawful or unsolicited messages;
- copy, reverse engineer or resell the Services, or use them to build a competing product;
- probe, scan or test the Services for vulnerabilities except under our responsible disclosure policy, or interfere with or overload them; or
- upload malicious code, or access the Services other than through the interfaces we provide.
We may investigate suspected violations and suspend activity that breaks these rules or puts your customers, your processors or PayFam at risk.
7. Fees and billing
You agree to pay the fees for your plan, as set out on our pricing page or in your order form. Unless your order form says otherwise:
- plan fees are billed monthly in advance, and usage fees monthly in arrears;
- usage fees are charged only on successful transactions, and the network-token fee once per card, never on a rebill;
- fees are in US dollars and exclude taxes, which you’re responsible for (other than taxes on our income);
- you authorise us to charge the payment method on your account for fees when they’re due; and
- fees already paid aren’t refundable, except where these Terms or the law say otherwise.
If a payment is overdue, we may suspend the Services after giving you notice and a reasonable chance to pay. We may change our prices with at least 30 days’ notice; new prices apply from your next billing period.
8. Your data and your vault
You own your data: your store data, your customers’ information and the payment credentials vaulted for you (“Your Data”). You give PayFam permission to host, process and transmit Your Data only as needed to provide and support the Services, to keep them secure, and as you instruct.
When we process personal information on your behalf, we act as your processor or service provider. You’re responsible for having a lawful basis for that processing and for giving your customers the notices the law requires. Where data protection law requires one, we’ll sign a data processing agreement with you. Our Privacy Policy explains how we handle personal information.
Your vault goes with you. If you leave PayFam, we’ll help you migrate your vaulted payment credentials to another PCI DSS–compliant provider or processor of your choice, subject to card network rules and the receiving party’s ability to accept them.
We may use aggregated, de-identified information derived from use of the Services — such as approval and retry rates — to operate and improve PayFam, as long as it doesn’t identify you, your customers or any individual.
9. Our intellectual property
PayFam and its licensors own the Services, including the software, design and documentation. Subject to these Terms, we give you a non-exclusive, non-transferable right to use the Services for your business during your subscription. We reserve all rights not expressly granted.
If you send us feedback or suggestions, we may use them without any obligation to you.
10. Confidentiality
Each of us may receive the other’s non-public information, such as pricing, product plans or business data. The receiving party will use it only to perform under these Terms, protect it with at least reasonable care, and share it only with people who need to know it and are bound by similar obligations.
This doesn’t apply to information that is public, already known to the recipient, independently developed, or lawfully received from someone else. Either of us may disclose confidential information where the law requires it, after giving notice where that’s allowed.
11. Third-party services
The Services connect to products we don’t control, such as Shopify, payment processors, advertising platforms and CRMs. Your use of them is governed by their terms. When you connect one, you authorise us to exchange Your Data with it as needed for the integration to work. We aren’t responsible for third-party services, or for changes they make that affect an integration.
12. Term, suspension and termination
Your subscription renews each billing period until you or we end it. Unless an order form sets a fixed term, you can cancel at any time, effective at the end of your current billing period.
We may suspend or terminate the Services immediately if you materially breach these Terms, if your use creates a legal, security or fraud risk, or if a processor, card network or authority requires it. Where it’s practical and lawful, we’ll tell you first and give you a chance to fix the problem.
When your subscription ends, you’ll have 30 days to export Your Data and request a vault migration. After that we’ll delete Your Data, except what the law or card network rules require us to keep. Terms that by their nature should survive — including fees owed, confidentiality, disclaimers, limits of liability and indemnities — survive termination.
13. Warranties and disclaimers
We’ll provide the Services with reasonable skill and care. Beyond that, and to the extent the law allows, the Services are provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
We don’t promise that the Services will be uninterrupted or error-free, or that you’ll achieve any particular result. Figures on our website, such as approval-rate or conversion improvements, are based on past results and aren’t guarantees for your store.
14. Limitation of liability
To the extent the law allows, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if told they were possible.
Each party’s total liability arising out of or relating to these Terms is limited to the fees you paid PayFam in the 12 months before the event giving rise to the claim.
These limits don’t apply to your obligation to pay fees, to either party’s indemnity obligations, or to liability that can’t be limited by law.
15. Indemnification
You’ll defend and indemnify PayFam against third-party claims arising from your products, your store, Your Data, your dealings with your customers, or your breach of these Terms or the law.
We’ll defend and indemnify you against third-party claims that the Services, as we provide them, infringe that party’s intellectual property rights. This doesn’t cover claims caused by Your Data, by your modifications, or by combining the Services with anything we didn’t provide.
The party seeking indemnity must notify the other promptly, let it control the defence and settlement, and cooperate reasonably.
16. Changes to these Terms
We may update these Terms from time to time. If a change is material, we’ll tell you by email or in the app at least 30 days before it takes effect. If you keep using the Services after that date, you accept the updated Terms; if you don’t agree, you can cancel before then.
17. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to their jurisdiction.
Before starting proceedings, each of us agrees to try to resolve the dispute informally for at least 30 days after written notice, except where urgent relief is needed.
18. General
- Entire agreement — these Terms, any order form and the policies they refer to are the whole agreement between us about the Services.
- Assignment — neither of us may assign these Terms without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all of its assets.
- Force majeure — neither of us is liable for delays or failures caused by events beyond our reasonable control, other than obligations to pay.
- Notices — we’ll send notices to the email address on your account; send notices to us at info@payfam.io.
- Severability and waiver — if any part of these Terms is unenforceable, the rest stays in effect, and not enforcing a right isn’t a waiver of it.
- Relationship — we’re independent contractors; these Terms don’t create a partnership, agency or employment relationship.
19. Contact us
Questions about these Terms? Email info@payfam.io.