Terms of Service
By signing up for the Fleapay service (the “Service”) or any of the services of Gulo Solutions, LLC (“Gulo”), you are agreeing to be bound by the following terms and conditions (collectively, this “Agreement”). You agree that this Agreement is enforceable as if it was a written, negotiated agreement signed by Gulo and you.
Description of Services
Fleapay is a web-based credit card processing application from Gulo. Your use of the Service is at your sole risk. The Service is provided on an AS IS and AS AVAILABLE basis without any warranty or condition, express, implied or statutory.
You agree to use the Service only for lawful purposes. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. This means that you agree not to use the Service for transmitting or receiving any payments of any kind when in Gulo’s sole judgment the transmission, receipt or possession of such payment (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. Gulo reserves the right to terminate your Service immediately and without advance notice if Gulo, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month’s charges to the end of the current month, including without limitation unbilled charges, all of which immediately become due and payable and may at Gulo’s discretion be immediately charged to your credit card. You are liable for any and all use of the Service by yourself and by any person making use of the Service provided to you and agree to indemnify and hold harmless Gulo against any and all liability for any such use. If Gulo, in its sole discretion believes that you have violated the above restrictions, Gulo may forward the objectionable material and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Intellectual Property Rights
You acknowledge that Gulo owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree not to reproduce, duplicate, copy, alter, modify, sell, resell the Service, or create derivative works from the Service or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by Gulo. [You agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.] You shall not reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of the firmware or software used to provide the Service.
Loss of Service Due to Internet Service Outage
You acknowledge and understand that the Service does not function in the event of an internet outage. You also acknowledge and understand that the Service requires a fully functional broadband connection to the internet (which is not provided by Gulo) and that, accordingly, in the event of an outage of, or termination of service with or by, your internet service provider and/or broadband provider, the Service will not function, but that you will continue to be billed for the Service unless and until you or Gulo terminate the Service in accordance with this Agreement. Should there be an interruption in the power supply or internet service provider outage, the Service will not function until the internet service provider outage is cured. Should Gulo suspend or terminate your Service, the Service will not function until such time as Gulo restores your Service (which may require payment of all invoices owed by you or cure of any breach by you of this Agreement).
You shall provide to Gulo a valid credit card number (Visa or MasterCard or any other issuer then-accepted by Gulo) when the Service is activated. Gulo reserves the right to stop accepting credit cards from one or more issuers. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise Gulo immediately. Gulo will bill all charges, including monthly Service fees, monthly in advance to your credit card. Gulo does not provide refunds.
You must notify Gulo in writing within five (5) days after receiving your credit card statement if you dispute any Gulo charges on that statement or such dispute will be deemed waived. Billing disputes should be addressed to billing@Fleapay.com. Gulo accepts payments only by credit card as set forth under the section titled “Billing” above. Your initial use of the Service authorizes Gulo to charge the credit card account number on file with Gulo, including any changed information given to Gulo if the card expires or is replaced, or if you substitute a different card, for Gulo as set forth in the section titled “Billing” above. This authorization will remain valid until 30 days after Gulo receives your written notice terminating Gulo’s authority to charge your credit card, whereupon Gulo will charge you any outstanding charges and terminate the Service. Gulo may terminate your Service at any time in its sole discretion, if any charge to your credit card on file with Gulo is declined or reversed, your credit card expires and you have not provided Gulo with a valid replacement credit card or in case of any other non-payment of account charges. Termination of Service for declined or expired card, reversed charges or non-payment leaves you FULLY LIABLE to Gulo for ALL CHARGES ACCRUED BEFORE TERMINATION and for all costs incurred by Gulo in collecting such amounts, such as (but not limited to) collection costs and attorney’s fees.
Termination and Discontinuance of Service
Gulo reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If Gulo discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month’s charges. If your Service is terminated for any stated reason, including without limitation violation of this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of Gulo), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges all of which immediately become due and payable.
The Service is offered on a monthly basis for a term that begins on the date that Gulo activates your Service and ends on the day before the same date in the following month. Subsequent terms of this Agreement automatically renew on a monthly basis without further action by you unless you give Gulo written notice of non-renewal at least ten (10) days before the end of the monthly term in which the notice is given. Such notice should be addressed to billing@Fleapay.com. You are purchasing the Service for full monthly terms, meaning that if you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month’s charges to the end of the then-current term, including without limitation any unbilled or unpaid charges, all of which immediately become due and payable. Expiration of the term or termination of Service does not excuse you from paying all unpaid, accrued charges due in relation to the Agreement. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee.
Limitation of Liability
Gulo shall not be liable for any delay or failure to provide the Service at any time or from time to time or any interruption that is caused by any of the following: (i) any act or omission of any third party; (ii) network failure; (iii) equipment, network or facility upgrade or modification; (iv) force majeure events such as (but not limited to) acts of God, strikes, fire, war, riot and government actions; (v) equipment, network or facility shortage; (vi) equipment or facility relocation; (vii) outage of your internet service provider or broadband service provider; (viii) act or omission of you or any person using the Service; or (ix) any other cause that is beyond Gulo’s control, including without limitation the failure of an incoming or outgoing communication, the inability of communications to be connected or completed. Gulo’s aggregate liability for (i) any failure or mistake; (ii) any claim with respect to Gulo’s performance or nonperformance hereunder or (iii) any Gulo act or omission in connection with the subject matter hereof shall in no event exceed Service charges with respect to the affected time period.
No Technical Support
Gulo does not presently offer technical support with respect to the Service.
Disclaimer of Damages
IN NO EVENT SHALL GULO, ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT GULO WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
You agree to defend, indemnify, and hold harmless Gulo, its officers, employees, affiliates and agents from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, you or any third party or user of your Service, relating to this Agreement or the Service. This paragraph shall survive termination of this Agreement.
GULO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, GULO DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER GULO NOR ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO GULO’S OR YOUR [TRANSMISSION FACILITIES] OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, YOUR [DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION] THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF GULO’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE, IF ANY, BY GULO OR GULO’S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
The failure of Gulo to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement shall be governed and construed in accordance with the laws of the State of Illinois applicable to agreements made and entirely to be performed within the State of Illinois without resort to its conflict of law provisions.
Changes to this Agreement
Gulo may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the “Terms of Service” section of Fleapay’s website (currently located at http://www.fleapay.com/plans. Such changes will become binding on you on the date posted to the Fleapay website and no further notice by Gulo is required. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
This Agreement and the rates for the Service found on Fleapay’s website constitute the entire agreement between you and Gulo and govern your use of the Service, superseding any prior agreements between you and Gulo and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Gulo unless and until posted in accordance with provisions listed under the section titled “Changes to this Agreement” above.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement shall remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
If you have any questions regarding this Agreement or if you desire to discuss the terms and conditions contained herein, please contact our team.