By completing the registration process, and/or browsing the Site or otherwise accessing or using the Services, you are agreeing to be bound by the terms and conditions of this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you are at least 18 years old. Users who are under 18 years of age should review these terms and conditions with a parent or guardian. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
In order to become a Registered User, you must register for an account with NebulaPay and provide certain information about yourself as prompted by the chatbot and the registration form. You represent and warrant that:
(i) all required registration information you submit is truthful and accurate and
(ii) you will maintain the accuracy of such information.
You acknowledge that you have no ownership or other property interest in your NebulaPay Account and that all rights in and to your NebulaPay Account are owned by and inure to the benefit of NebulaPay. NebulaPay may suspend or terminate your NebulaPay Account in accordance with the terms of this Agreement.
As part of the registration process you may be required to provide an email address and select a password (collectively “Private information”), which you may not share with any third parties. If someone accesses the Services using your Private Information, we will rely on those Private Information and will assume that it is really you or your representative who is accessing the Services. You are solely responsible for any and all use of your Private Information and all activities that occur in connection with your Private Information. We reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Services and your Private Information, including terminating your access, requiring you to change your password, or requesting additional information to authorize activities related to your Private Information. You agree to immediately notify NebulaPay of any real or suspected unauthorized use. NebulaPay cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
NebulaPay features and services are accesible through messaging platforms, such as Messenger, Telegram, Slack, Skype. Further, in order to take advantage of certain features and functions of the Services, you may be asked to connect your NebulaPay Account to bank accounts. You may link your account for the Services with your third-party accounts for such messaging platforms only to the extent permitted under the applicable terms and conditions that govern your use of each third-party account. You represent that if you allow us to access your third-party account (i.e., by linking it with your account for the Services), you grant us access to your third-party account without breach by you of any of the terms and conditions that govern your use of the applicable third-party account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You acknowledge and agree that, by granting us access to any of your third-party accounts, we may access, make available and store some information, data, text, photographs, messages, tags and/or other materials that you have provided to and/or stored in your third-party accounts relating to your use of our Services (collectively, “Third-Party Account Information”). Please note that if a third-party account or associated service becomes unavailable or our access to such third-party account is terminated by the third-party service provider, then the Third-Party Account Information for that third-party service may no longer be available on and through the Services.
PLEASE NOTE THAT YOUR RELATIONSHIPS WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS ARE GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY AND ALL LIABILITY FOR INFORMATION THAT MAY BE PROVIDED BY SUCH THIRD-PARTY SERVICE PROVIDERS.
Third-Party Account Information and all other Information provided by you to or through the Services, and/or otherwise relating to your use of the Services, shall be referred to as “User Information”. As between us and you, you shall own all User Information you provide to or through the Services. You assume all risks associated with the use of your User Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Information that makes you or any third party personally identifiable. You may not state or imply that your User Information is in any way provided, sponsored or endorsed by us. Because you alone are responsible (and NebulaPay is not responsible) for your User Information, you may incur liability if, for example, your User Information violates this Agreement. We are not obligated to backup any User Information and User Information may be deleted at any time. You are solely responsible for creating backup copies of your User Information if you desire.
You acknowledge that, subject to the terms of any agreement(s) with third-party service providers of your third-party accounts, we may use, and you hereby grant to us a limited, non-exclusive, transferable, perpetual, irrevocable license to use,
reproduce, modify, display, perform, and creative derivative works of any User Information:
(i) to provide the Services hereunder, and
(ii) for our business purposes, including to (x) monitor and improve the Services and (y) use, display, modify and create derivative works of the User Information to create and compile Aggregate Data, including insights, analysis and statistics for training (both human and computer) and other business purposes. “Aggregate Data” means aggregated statistics and/or data created or derived by us from User Information or our provision or your use of the Service; provided, however, that such Aggregate Data will not identify you individually. We will own all right, title and interest in and to the Aggregate Data, which we retain the right to use for any purpose in our sole and absolute discretion.
You acknowledge and agree that the software, code, proprietary methods and systems used to provide the Site or Services (“Our Technology”) are:
(i) copyrighted by us and/or our licensors or suppliers under United States and international copyright laws;
(ii) subject to other intellectual property and proprietary rights and laws; and
(iii) owned by us or our suppliers or licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, reverse-engineered or redistributed in any way without our prior written permission, which we may withhold in our sole and absolute discretion. This Agreement provides you with access to the Services. No license is granted hereunder to Our Technology.
Certain of the names, logos, and other materials displayed on the Site or via the Services constitute trademarks, trade names, service marks or logos (“Marks”) of NebulaPay or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities.
Any use of third-party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement.
Any comments, ideas and/or reports about the Site or Services that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.
We may, in our sole discretion, upgrade, enhance, change and modify the Services, including by discontinuing a Service or any aspect or feature thereof (collectively, “Updates”). Any Updates will be subject to this Agreement, and we will provide notice of adverse and material changes to this Agreement by posting them on our Site (and we may also, but we are not obligated to, email you regarding such changes). It is your responsibility to check the Site periodically. Changes to this Agreement, which may be made in our sole discretion, will be effective (a) for all existing Users thirty (30) calendar days after the posting of the new Agreement on the Site and (b) for all new users, upon the effective date thereof. You agree to be bound to this Agreement, as updated. If you do not agree to the updated Agreement, you are not permitted to use the Services and must terminate your use of the Services immediately.
While some transactions on NebulaPay are free to the customer, other transactions do carry a fee. When you initiate and confirm a transaction on NebulaPay, you agree to be bound by and pay for that transaction. Do not commit to a transaction unless you are ready to pay and have checked that all provided information is accurate as all completed transactions are final. When you make a payment, you authorize us to charge the full amount and any charges related to that transaction to your bank account connected to NebulaPay.