Terms of Service
A legal disclaimer
These Terms of Service (“Agreement”) govern your use of the software platform, applications, and related services (collectively, the “Services”) provided by Paymenture, LLC (“Paymenture,” “we,” “our,” or “us”).
By creating a Paymenture account (“Account”), or by accessing or using the Services, you (“Client” or “you”) agree to be bound by this Agreement. If you do not agree, you may not access or use the Services.
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1. DEFINITIONS
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(a) Account – the Client’s registered account with Paymenture used to access and utilize the Services.
(b) Applicable Law – any law, regulation, order, or guideline applicable to the Services or to a Party’s obligations under this Agreement.
(c) Application – information and documentation provided by the Client in connection with onboarding and use of the Services.
(d) Confidential Information – any non-public information disclosed by one Party to the other, including but not limited to technical processes, software, business plans, financial data, and customer information.
(e) Services – the SaaS platform and related features provided by Paymenture, including but not limited to financial analytics, reporting, compliance support, integrations, and other business solutions.
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2. SERVICES
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(a) Subject to the terms of this Agreement, Paymenture will provide the Services to the Client beginning on the Effective Date.
(b) Services may include:
Business and financial reporting tools.
Compliance and regulatory support solutions.
Integrations with third-party software or service providers.
Technical support and customer service.
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3. CLIENT OBLIGATIONS
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(a) Client will provide all data, information, and materials required for Paymenture to deliver the Services. Client is solely responsible for the accuracy and completeness of all information submitted.
(b) Client agrees not to use the Services for any prohibited or unlawful purpose. Restricted uses include, but are not limited to:
Activities involving fraud, misrepresentation, or deceptive practices.
Distribution of harmful software or content.
Use in connection with industries or activities that are illegal under Applicable Law.
(c) Client is responsible for maintaining all required business licenses, permits, and approvals necessary to operate its business.
(d) Client shall maintain the confidentiality of account login credentials and ensure that only authorized personnel access the Services.
(e) Client affirms that its use of the Services will comply with all Applicable Laws and industry standards.
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4. PAYMENTURE OBLIGATIONS
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(a) Paymenture will provide access to the Services in accordance with this Agreement and Applicable Law.
(b) Paymenture may suspend or terminate Client’s access to the Services if Client’s use is deemed unlawful, harmful, or otherwise violates this Agreement.
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5. CONFIDENTIALITY
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Each Party agrees to protect the other Party’s Confidential Information using at least the same degree of care it uses for its own confidential information, and not to disclose such information except as necessary to perform obligations under this Agreement or as required by law.
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6. SECURITY
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Each Party shall maintain reasonable technical and organizational safeguards to protect Confidential Information and client data from unauthorized access, disclosure, or misuse.
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7. FEES & PAYMENTS
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The fees for Services will be as agreed between the Parties in writing. Paymenture reserves the right to adjust fees upon notice to the Client.
Client authorizes Paymenture to charge fees electronically using the payment method provided.
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8. TERM AND TERMINATION
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(a) This Agreement begins on the Effective Date and continues for one (1) year. It will automatically renew for successive one-year periods unless either Party provides written notice of non-renewal at least ninety (90) days before renewal.
(b) Either Party may terminate this Agreement immediately upon written notice if the other materially breaches this Agreement and fails to cure within thirty (30) days (ten (10) days for payment-related breaches).
(c) Either Party may terminate immediately if the other becomes insolvent, files for bankruptcy, or ceases business operations.
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9. INDEMNIFICATION
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(a) By Client. Client agrees to indemnify and hold harmless Paymenture, its affiliates, and its personnel against any claims, damages, or expenses arising from: (i) Client’s misuse of the Services, (ii) violation of Applicable Law, or (iii) breach of this Agreement.
(b) By Paymenture. Paymenture agrees to indemnify Client against claims arising from Paymenture’s gross negligence, willful misconduct, or violation of this Agreement.
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10. LIMITATION OF LIABILITY
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To the maximum extent permitted by law, Paymenture’s total liability under this Agreement will not exceed the fees paid by Client to Paymenture during the three (3) months immediately preceding the event giving rise to the claim.
In no event shall either Party be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or business interruption.
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11. INTELLECTUAL PROPERTY
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All rights, title, and interest in the Services, including software, trademarks, trade secrets, and related intellectual property, remain the sole property of Paymenture.
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12. MISCELLANEOUS
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(a) This Agreement may only be amended in writing signed by both Parties, except that Paymenture may amend the Agreement as required by Applicable Law.
(b) The Parties are independent contractors. Nothing in this Agreement creates a partnership or joint venture.
(c) This Agreement may not be assigned without prior written consent, except to an affiliate.
(d) This Agreement is governed by the laws of the State of Utah, USA, without regard to conflict of law principles. The Parties agree to submit to the exclusive jurisdiction of federal or state courts located in Utah.
(e) If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.
(f) This Agreement constitutes the entire understanding between the Parties regarding the Services.