Mobile Application End User License Agreement
This End User License Agreement (“Agreement") forms a binding legal agreement between you and Paysafe Holdings UK Limited*, a company duly registered under the laws of England and Wales under company number 03202517 whose registered office is at 1st floor, 2 Gresham Street, London, EC2V 7AD, United Kingdom (“Paysafe”, “we”, or “us”) (together, the “Parties”).
BY DOWNLOADING, INSTALLING OR USING THE PAYSAFE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.
1. Definitions
For the purposes of this Agreement, the terms listed below shall bear the following meaning:
“Paysafe Service” shall mean the Skrill service and/or the NETELLER service, as the case may be;
“Paysafe‘s Websites” shall mean https://www.skrill.com/en/, www.skrill.com/en-us/, and https://www.neteller.com/en;
“Paysafe Privacy Notices” shall mean Skrill's Privacy Notice, NETELLER's Privacy Notice and/or Privacy Notice| Skrill USA, Inc.;
2. Scope of License
a) Paysafe License: Subject to the terms of this Agreement, Paysafe grants you a limited, non-exclusive, non-transferable and non-copyable license (“License”) to download and install any of the Paysafe mobile applications (“Mobile Application” or “Application”) on a single mobile device that you own or control. The use of the Mobile Application requires you to have an account with Paysafe and to use it in accordance with the terms of this Agreement, along with the terms of use applicable for the respective Paysafe Service. Your personal information shall be processed in accordance with Paysafe’s Privacy Notices
b) Third Party Licenses: Paysafe in its sole discretion may include in the Application features and content of third parties. Such third party features or content may be subject to separate terms and conditions that Paysafe shall communicate to you if possible.
3. Limitation and Restrictions of License
You shall not:
a) Copy the Application, except if it is expressly permitted hereby;
b) Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
c) Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d) Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one mobile device at any time; or
e) Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
4. Changes to Agreement
Paysafe reserves the right to modify at its sole discretion, the terms of this Agreement at any time in its own reasonable discretion. Paysafe shall post the most up to date version of the Agreement here. The changes shall become effective when published. You understand and agree that your acceptance of the terms of this Agreement or your use of the Mobile Application after the date of publication of varied terms shall constitute your agreement to and acceptance with the terms and conditions contained herein. Notwithstanding the foregoing, you are responsible for complying with the updated terms posted online for the respective Paysafe Service at any of the Paysafe‘s Websites even if these updated terms appear online at Paysafe’s Websites before being posted on the Mobile Application.
5. Updates
Paysafe may from time to time and in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively "Updates"). Updates may also modify or delete in their entirety certain features and functionalities. You agree that Paysafe has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device features (including, but not limited to, internet connection, location, or other) and then applied settings when your mobile device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
6. No included maintenance and support
Paysafe may deploy changes, updates, restrictions, or enhancements to the Mobile Application at any time and in its sole discretion. Paysafe may provide maintenance and support for the Mobile Application but has no obligations whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that your mobile device manufacturer and/or (if applicable) relevant operating system provider have no obligation to furnish any maintenance or support services in connection with the Mobile Application.
7. Disclaimer of Warranties
You expressly acknowledge and agree that the use of the Paysafe services available on the Mobile Application and the Mobile application itself are at your sole risk and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Paysafe’s service is provided “as is” and “as available”, without warranty of any kind, and We hereby waive all warranties and conditions with respect of the service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and noninfringement of third party rights. We do not warrant against interference or error-free, or that defects in the service will be corrected. No oral or written information or advice given by Us shall create a warranty. Should the service cause any defects to your mobile device, you assume the entire cost of all necessary servicing, repair, or correction.
8. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PAYSAFE BE LIABLE FOR PERSONAL OR BODILY INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF DEVICE, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PAYSAFE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Indemnification
You agree to indemnify, defend and hold harmless Paysafe and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees and court costs, arising from or relating to your use or misuse of the Mobile Application or your breach of this Agreement.
10. Security
You are solely responsible for the security of your own Paysafe account and your mobile device. You are entirely responsible for maintaining the confidentiality of your Paysafe login credentials and/or strong-customer authentication features. Additionally, you are also responsible for any and all activities that occur under your Paysafe user account.
11. Termination
The term of License commences when you download/install the Mobile Application and will continue in effect until terminated by you or us. Paysafe has the right to terminate Your rights under this Agreement without notice if you fail to comply with any terms of this Agreement or any of the applicable terms of use. Upon termination of the Agreement, you must cease all use of the Mobile Application, and destroy all copies, full or partial, of the Mobile Application.
12. Severability
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part- provision shall be deemed deleted. Any modification to or deletion of a provision or part- provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
13. Governing Law
13.1. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with (i) the law of England and Wales, for customers of Skrill, PPSL and PFSL, and (ii) the laws of Florida, for Skrill USA, Inc. customer.
13.2. Each Party irrevocably agrees that: (i) where customers of Skrill, and PFSL are concerned, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims); (ii) where customers of PPSL are concerned, the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims); and (iii) where customers of Skrill USA, Inc. are concerned, the courts of Florida shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims), in each case arising out of or in connection with this Agreement or its subject matter or formation.
*Paysafe Holdings UK Limited is part of the Paysafe Group of companies and is an affiliate of Skrill Limited, a company registered in England and Wales with company number 4260907 and registered office at 2 Gresham Street, 1st Floor, London, EC2V 7AD, England (trading as “Skrill”), Paysafe Financial Services Limited , a company registered in England and Wales with company number 4478861 and registered office at 2 Gresham Street, 1st Floor, London, EC2V 7AD, England (trading as “PFSL” and “NETELLER”), Paysafe Payment Solutions Limited a company registered in Ireland with company number 626665 and registered address at 3rd floor, Kilmore House, Spencer Dock, Dublin 1, D01 YE64, Ireland (trading as “PPSL”, “Skrill” and “NETELLER”) and Skrill USA, Inc. a corporation incorporated in Delaware, USA with a business address of 5335 Park Gateway, 4th floor, Jacksonville, FL, 32256.