Terms
Payl LLC, a company registered in the State of Delaware, USA, with its address at 651 N Broad St, Middletown, DE 19709, operating under the trademark W3ARE and under the domain W3ARE.com (hereinafter “the Company”), publishes these Terms of Service, which constitute a public offer, and offers to an unlimited number of persons (hereinafter “the User”) the opportunity to enter into an agreement for the use of the service on the terms set forth below. Registration or commencement of use of the service signifies the User’s complete and unconditional acceptance of these Terms. If the User does not agree with any of the provisions, they must refrain from using the service.
1. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States of America. Any matters not regulated by these Terms shall be resolved in accordance with applicable federal law and the laws of the respective states. All disputes arising in connection with these Terms or the use of the service shall be resolved by the courts of the USA in accordance with the applicable law.
If any provision of these Terms is found by a competent jurisdiction to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted, and the remaining provisions shall continue in full force and effect.
2. Description of Services
The Payl Service is an online platform provided by the Company that aggregates payment providers and offers related services. The main features and functions of the service include:
1. Aggregation of Payment Providers:
The service provides the User with a unified interface to access multiple independent payment providers (such as banks, payment systems, electronic wallets, etc.), enabling the initiation and tracking of payments through various providers in one place. The Company is not a bank or a financial institution; it acts solely as a technological intermediary between the User and third-party payment providers. All payment transactions are executed by the payment provider chosen by the User, not by the Company.
2. Generation of Payment Links/QR Codes:
The service may allow Users to create and share payment links or QR codes to facilitate the receipt or transfer of funds. The User is responsible for ensuring the correctness of information contained in the link/QR code (e.g., payment amount, currency) and for distributing it only to authorized recipients. The Company does not control or guarantee the identity of any individual or entity who uses a payment link or QR code. Users must ensure that they do not generate or share links/QR codes in a fraudulent or unauthorized manner.
3. Analytics and Notifications:
The service provides the User with analytical data, reports, and notifications related to their payment activity. This may include consolidated information on transactions from various sources, notifications regarding completed payments, account balances, errors, delays, or other events, as well as additional informational messages related to the use of payment services.
4. Integration with Providers in Various Jurisdictions:
The service operates with both American and international payment providers, provided that their regulation permits the conclusion of partnership agreements and the provision of such services to users worldwide. The Company reserves the right to restrict the operation of the service in certain countries or with certain providers if required for compliance with applicable laws or the providers’ terms.
The User understands and agrees that the range of service functions may be updated or supplemented at the Company’s discretion. The Company may also introduce new services or discontinue support for certain functions by notifying Users via publication of changes in these Terms or on the service’s website.
3. User Obligations
By using the service, the User agrees to comply with the following requirements:
1. Lawful Use:
The User agrees not to use the service for any illegal purposes. The use of the service for any activities that violate applicable laws (including, but not limited to, money laundering, financing of illegal activities, fraud, or transactions involving illegal goods or services) is strictly prohibited. The User also undertakes not to engage in any actions intended to circumvent the technical or organizational safeguards of the service.
2. Consent to Monitoring:
The User acknowledges and agrees that, in order to ensure the security and legality of the service’s use, the Company may conduct extensive monitoring (Broad Monitoring) of the User’s activities on the service. Such monitoring is undertaken to prevent fraudulent, suspicious, or unlawful operations. In the event that suspicious activity is detected, the User’s account may be temporarily suspended for further verification.
3. Sanctions Compliance:
The User represents and warrants that, at the time of acceptance of these Terms and throughout their duration, they are not listed on any sanctions lists compiled in accordance with the laws of the United States or international law (for example, the OFAC, UN, or EU sanctions lists). The User further represents that they are not acting on behalf of or in the interest of any person subject to sanctions. In the event that the User is subsequently listed on any sanctions list, they agree to immediately cease using the service and notify the Company accordingly.
4. Provision of Accurate Information:
When registering and using the service, the User agrees to provide accurate, current, and complete information about themselves (including, when necessary, personal data, identity verification documents, and any other information requested by the Company or the payment provider). The User is responsible for updating their information promptly in the event of any changes. The use of another person’s data or the provision of false information is strictly prohibited and may result in the suspension or termination of access to the service.
5. Responsible Use of Payment Links/QR Codes:
• Security: The User is solely responsible for maintaining the confidentiality of any payment link or QR code generated through the service. The User must ensure that such links or codes are shared only with intended payers or recipients.
• Accuracy: The User must verify that the payment link or QR code details (e.g., payment amount, currency) are correct prior to sharing them.
• Fraud Prevention: The User must not generate or distribute links/QR codes for fraudulent, unauthorized, or unlawful purposes. If a User suspects that a link or code has been compromised or used without authorization, they must immediately notify the Company.
The User is solely responsible for maintaining the confidentiality of their login credentials (username and password) and for all actions taken under their account. In the event of unauthorized access or a breach of account security, the User must immediately notify the Company.
4. Regulatory Requirements and KYC
In order to comply with applicable financial services regulations, anti-money laundering (AML) laws, countering the financing of terrorism (CFT) requirements, and other regulatory obligations, Users of the service may be required to verify their identity (Know Your Customer – KYC). The User agrees to the following:
1. KYC Verification:
The Company and/or the connected payment providers may require the User to undergo an identification and verification procedure, which may include the collection of copies of documents, information about the User’s place of residence, the nature of transactions conducted, and other data required by law. The Company may conduct the KYC verification itself or delegate this process to an appropriate payment provider as required by applicable rules and agreements. The User agrees to provide the requested accurate information and documents within a reasonable timeframe to successfully complete the verification process.
2. Processing and Secure Transmission of Data for KYC:
The User expressly consents to the collection, processing, and storage of their personal data provided for the purposes of KYC and compliance with regulatory requirements, in accordance with the Company’s Privacy Policy and applicable law. The User further agrees that the Company may securely transmit this data (using modern encryption and data protection methods) to the relevant payment provider solely for the purposes of identity verification, transaction monitoring, sanctions screening, and other legal compliance requirements. The Company and the payment providers commit to using the received data exclusively for these purposes and to maintaining its confidentiality.
3. Compliance:
If the User fails to complete the required verification or does not meet the criteria established by applicable law or the payment provider (for example, if there is suspicion of unlawful activity, if the User is found on sanctions lists, or if false information is provided), the Company or the relevant provider may refuse to provide services, restrict the functionality of the service for that User, or unilaterally terminate this agreement. The Company shall not be liable for any consequences arising from such refusal of service, as these measures are taken solely to comply with the law.
5. Fees and Payments
The payment terms for using the service depend on the category of the User and the nature of usage:
1. B2C Users (End Consumers):
Access to the service for individual end users is provided free of charge. The Company does not charge any fee for using the platform. Monetization for this category is achieved through agreements with payment providers (for example, via a revenue share model—splitting commission income with the providers for transactions processed through the service). All financial transactions between the User and the selected payment provider are conducted directly in accordance with the provider’s rates and rules.
2. B2B Users (Business Clients, API):
For legal entities and business partners who use the service via API or for other commercial purposes, a paid access model is established. Such Users shall be required to enter into a separate agreement with the Company or accept additional terms that specify the conditions for service provision, rates, commission fees, and payment procedures. The cost for business users may be determined as a subscription fee, a fee per API request, a commission on turnover, or another model as set forth in the relevant documentation. The business User agrees to pay the invoiced amounts promptly and in full. Failure to make timely payments may result in the suspension of services or termination of the agreement.
All financial transactions between the User and the payment provider (e.g., debits, credits, transfers, etc.) are conducted directly between the User and the respective provider in accordance with the provider’s tariffs and rules.
6. Limitation of Liability
The service is provided by the Company on an “as is” and “as available” basis. The Company undertakes reasonable efforts to ensure the proper functioning of the service; however, it does not guarantee absolute uninterrupted operation, error-free performance, or that the service will meet the User’s expectations. Use of the service is at the User’s own risk.
To the fullest extent permitted by applicable law, the Company shall not be liable to the User for any losses or damages arising from the use of the service, except as expressly provided by law. In particular, the Company shall not be liable for:
1. Failures and Delays by Providers:
Any interruptions, delays, errors in payment processing, or other disruptions caused by the actions or inactions of third-party payment providers, as well as technical malfunctions, network failures, actions by third parties, force majeure events, or any other factors beyond the reasonable control of the Company. The Company does not guarantee the availability or uninterrupted operation of services provided by third-party providers.
2. Quality of Providers’ Services:
All financial transactions (payments, transfers, deposits, etc.) are executed directly by the payment providers chosen by the User. The Company is not a party to the relationship between the User and the provider, does not control the execution of such transactions, and shall not be liable for the performance or non-performance of the providers’ obligations. Any claims related to errors in payment transactions must be addressed directly with the relevant payment provider in accordance with its rules and procedures.
3. Indirect Damages:
The Company shall not be liable for any indirect, incidental, consequential, or special damages, loss of profits, loss of data, business interruption, or any other damages arising from or in connection with the use or inability to use the service, even if the possibility of such damage was known to the Company in advance. The total liability of the Company for any claims or disputes arising from the use of the service shall be limited to an amount not exceeding USD $100 (one hundred U.S. dollars) or any other minimum amount established by applicable law, whichever is lower.
This limitation of liability applies to the maximum extent permitted by law. Nothing in these Terms shall limit the Company’s liability in cases where such limitation is prohibited by law.
7. Changes to the Terms
The Company reserves the right to amend or supplement these Terms unilaterally. The updated version of the Terms shall become effective upon its publication on the official website of the service or within the user application, unless otherwise specified. The Company may not send individual notifications to the User regarding such changes.
The User is responsible for regularly reviewing the current version of the Terms. The date of the last update is indicated at the beginning of this document for the User’s convenience. Continued use of the service after any changes constitutes the User’s acceptance of the new version of the Terms in its entirety. If the User does not agree with the changes, they must cease using the service.
These Terms constitute the entire agreement between the Company and the User with respect to the use of the Payl service and supersede any previous agreements or communications on this matter. Registration and commencement of use of the service confirm that the User has read, understands, and accepts these Terms in full. The User may save or print a copy of these Terms for their records.
If the User has any questions regarding these Terms or the use of the service, they may contact the Company at the address provided above or via the email/contact form available on the service’s website.
This Offer Agreement is a public document available for review by all prospective Users on the domain W3ARE.com.