Terms and Conditions

Welcome to PagoYa! We offer an online software-as-a-service (SaaS) delivery model to provide e-commerce stores to end users. For example, we provide an online shopping cart available through our website, pagoya.shop, and through other user interfaces, which integrates with your website. We have assembled here some detailed terms and conditions. You must read and understand the Terms & Conditions and Privacy Policy of PagoYa! before using any of the products and services, including all features and functionalities, our user interfaces, such as our website, and all content and software associated with them (in whole or in part).

These Terms & Conditions provide that all disputes between you and PagoYa! will be resolved by BINDING ARBITRATION. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to enforce or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury, and your claims cannot be brought as a class action.

These Terms & Conditions are also a resource for you to have a deeper understanding of how our Products and Services work, including the types of data we collect, how we bill, how we interact with you, and other useful details. We encourage you to revisit these Terms & Conditions whenever you have a question about the Products and Services or if you want to know how something works. We hope you enjoy your experience with Pagoya!

Acceptance of Terms of Service

By using, visiting or browsing as a paid or unpaid user or member, you agree to be bound by these Terms of Service, available at https://pagoya.shop/en/terms-conditions/ If you do not agree to these Terms, you must not use the Products and Services, including our website and software. Violation of any term will result in termination of your account. Questions about the Terms of Service may be sent to info@pagoya.shop

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Pagoya! and supersede any and all prior agreements, written or oral, between you and Pagoya!, including prior versions of the Terms & Conditions.

Any failure by PagoYa! to enforce or exercise a right provided in these terms is not a waiver of that right.

Changes in Terms & Conditions

PagoYa! reserves the right, from time to time, with or without notice, to change these Terms of Service, including the Privacy Policy, in our sole and absolute discretion. PagoYa! may also freely assign or transfer this Agreement. The most current version of these Terms & Conditions can be reviewed by visiting our website and clicking on “Terms & Conditions” located at the bottom of the pages of the PagoYa! website.

If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not invalidate the remaining provisions of the Agreement, which shall remain in full force and effect.

Account terms summary

You are responsible for using the Products and Services in a private and secure manner. PagoYa! is not responsible for any damage or loss due to unauthorized account access resulting from your actions, such as not logging out of the Products and Services or sharing your account password.

PagoYa! may decline registration or cancel an account at its sole discretion at any time.

You may not use the Products and Services for any illegal activity or to violate the laws of your jurisdiction.

You may not use the Products and Services to distribute unsolicited e-mail (“spam”) or malicious content such as viruses or worms.

You may not exploit the Products and Services to access unauthorized information.

PagoYa! reserves the right to modify, suspend or discontinue the Products and Services for any reason, with or without notice.

Abuse or excessively frequent requests to the PagoYa! website or other Products and Services may result in the temporary or permanent suspension of your account’s access to the Products and Services. PagoYa!, in its sole discretion, will determine abuse or excessive use. PagoYa! will make a reasonable attempt by email to warn the account owner prior to suspension.

PagoYa! owns the intellectual property rights in any protectable portion of the Products and Services, including, but not limited to, design, artwork, functionality and documentation. You may not copy, modify or reverse engineer any part of the Products and Services owned by PagoYa! For more details, please see the Intellectual Property section of these Terms & Conditions below.

You are responsible for the security of cardholder data that you possess or store, process or transmit on behalf of your customer, or to the extent that it may affect the security of your customer’s cardholder data.

User behavior and shipping

Any text, graphics, photographs or other information communicated to PagoYa!  (collectively, “Content”) belongs to the person who posted such content. You may use any Content posted by you in any other manner without restriction. You may only use Content posted by others in the ways described in these Terms of Service.

You grant to PagoYa! a non-exclusive, royalty-free, worldwide license for the duration of the applicable copyrights to publish your content. In addition to the right to publish, you also grant the following rights, without limitation: (i) the right of reproduction; (ii) the right of transfer, which includes distribution by computer and networks; (iii) the right to edit, modify, adapt, organize, enhance, improve, correct, translate, in whole or in part; (iv) the right to update/update by adding or deleting; and (v) the right to film, perform or publish the content in any medium. Except as described in our Privacy Policy, PagoYa! shall not treat any content as confidential.

PagoYa! cannot control all Content posted by third parties on the Products and Services, including our user interfaces, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Products and Services you may be exposed to Content that you may find offensive, indecent, inaccurate or objectionable, and you agree that under no circumstances will PagoYa! be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the content, the completeness and accuracy of such content. If you wish to report objectionable materials, please contact info@pagoya.shop

By accessing the Products and Services, including our website and other user interfaces, you agree to use the Products and Services, including all features and functionality associated therewith, our website, other user interfaces and all content and software associated therewith in accordance with any laws, rules and regulations or other restrictions on the use of the Products and Services or the Content therein. You further agree not to upload, post, email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment associated with the Products and Services. You also agree not to interfere with the servers or networks connected to any part of the Products and Services or violate any of the procedures, policies or regulations of the networks connected to the Products and Services. You also agree not to impersonate another person while using the Products and Services, behave in a vulgar or offensive manner while using the Products and Services, or use the Products and Services for any unlawful purpose.

Your use of the Products and Services and any personally identifiable information submitted through the Products and Services, such as through our user interfaces containing community forums, is subject to our Privacy Policy, the terms of which are incorporated herein, a copy of which is currently located at www.pagoya.shop/en/terms-conditions Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be indicated at the bottom of the policy.

By using the Products and Services, you agree to receive certain communications from us. For example, PagoYa! may send you newsletters about new features, special offers, promotional announcements and customer surveys by email or other methods.

Please review our Privacy Policy for more details about our marketing communications. You can also find unsubscribe instructions there. By using the Products and Services, you agree to receive electronic communications from PagoYa! These communications may include notices about your account (e.g., change of password or payment method, confirmation emails and other transactional information) and information related to or regarding our service. These communications are part of your relationship with PagoYa! and you receive them as part of your membership. You agree that any notices, agreements, disclosures or other communications we send to you electronically will satisfy legal communication requirements, including written communication.

The member who created the PagoYa! account and whose payment method is charged is referred to here as the “Account Owner”. The Account Owner has access to and control over the Account. The Account Owner’s control is exercised through the use of the Account Owner’s password and, therefore, to maintain exclusive control, the Account Owner must not disclose the password to anyone else. In addition, if the account holder wishes to prohibit others from communicating with WebsitePay! customer service and potentially altering the account holder’s control, the account holder must not disclose the payment method details (e.g., the last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account.

BY SHARING THE PAGOYA.CO ACCOUNT PASSWORD.

Any abuse or threat of abuse by other users of the Products and Services or by PagoYa! staff will result in immediate account termination.

Payment and rates

If you are billed for Products and Services by one of our partners, their billing terms will apply. To access any of our Products and Services, you must have Internet access and you must create an account, either free or paid. To use our paid Products and Services, you must have a current valid accepted payment method as indicated during registration (“Payment Method”).

A valid credit card or Paypal account is required for paid subscription Products and Services.

When you subscribe to paid Products and Services, your credit card or Paypal account will be billed according to the current PagoYa! rates for the subscription plan selected to prepay for use of the Products and Services for the current period. For monthly plans, you will be billed subsequently on the same day of each month. If the billing date is 29-31 and the billing month does not contain this date, the billing date will be adjusted to the last day of the current calendar month. Annual plan renewals will be charged on the same day of the following year to prepay for use of the Products and Services for the next annual service period.

f you choose to downgrade your subscription by switching to a free subscription plan, PagoYa! will upgrade your account immediately. No credit will be applied for the unused portion of the service.

If you choose to upgrade or downgrade your subscription from a paid plan (“Old Plan”) to a paid plan (“New Plan”), your service will immediately switch to the New Plan. Payment for the unused portion of your Old Plan service will be credited toward the price of the New Plan. Your future monthly billing date will always be the same. If the Plan change is a downgrade, the credit will be applied to future months and your next monthly rate will be charged when the credit from the old Plan has been used. If the Plan change is an upgrade, you will be charged the remaining portion for the current billing period immediately, and subsequent months will be charged on your previous billing date. The remaining credit for the current billing period will be calculated based on the number of days remaining in the current billing month. Questions about PagoYa! billing are directed to contabilidad@pagoya.shop and responded to within 24 hours, Monday through Friday.

PagoYa! does not provide refunds for products and services.

Cancellation and Termination

You may cancel your paid subscription to the Products and Services at any time by downgrading to a free plan. There will be no subsequent charges to your credit card or Paypal account after cancellation.

You may cancel your account by selecting the “Close My Account” option in your account.  You must cancel your paid subscription before you can close your account.

Features and Functionality

The Products and Services include an online shopping cart that may integrate with your existing website, blog or social network, as applicable. We reserve the right, in our sole and absolute discretion, to make changes from time to time and without notice to the manner in which we operate the Products and Services. Any description of how the Products and Services operate should not be considered a representation or obligation as to how the Products and Services will always operate. We are constantly making adjustments to the Products and Services and these Terms of Service often do not fully capture these adjustments.

Social media

For members in certain countries, some of the Products and Services, such as our online shopping cart, may be added to your social media page, such as Facebook.

BY CONNECTING YOUR PAGOYA! ACCOUNT TO YOUR FACEBOOK ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU CONSENT TO THE CONTINUED DISCLOSURE OF INFORMATION ABOUT YOU, INCLUDING TO FACEBOOK (IN ACCORDANCE WITH YOUR FACEBOOK PRIVACY SETTINGS AND YOUR PAGOYA ACCOUNT SETTINGS) IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS WAY, DO NOT USE THE FACEBOOK CONNECT FEATURE. We and Facebook are continually making changes and improvements to this feature, therefore, the features available and the information that is shared may change from time to time.

Identity protection

You are responsible for updating and maintaining the truthfulness and accuracy of the information you provide to us in connection with your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your PagoYa! account. If you disclose your password to anyone or share your account with others, you assume full responsibility for your actions. Whenever possible, users of public or shared networks should log out at the end of each visit. If you discover that you are a victim of identity theft involving a PagoYa! account, you should notify us at info@pagoya.shop You should then report this instance to all of your card issuers, as well as your local law enforcement agency. In addition, you should be aware of any communication requesting that you submit your credit card or other account information. Providing your information in response to these types of communications may result in identity theft. Always access your confidential account information by going directly to the Website and not through a hyperlink in an email or other electronic communication, even if it appears official. Website PagoYa! reserves the right to place any account on hold at any time with or without notice to the member to protect itself and its partners from what it considers to be fraudulent activity.

Warranty

PAGOYA! MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT. PAGOYA! DOES NOT WARRANT THE RESULTS OF THE USE OF ANY OF THE PRODUCTS AND SERVICES, AND THE ACCOUNT HOLDER ASSUMES ALL RISK AND LIABILITY IN CONNECTION THEREWITH.

Limitation of responsibility and damages.

TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH.

Indemnification

You shall indemnify PagoYa! for damages, costs and attorneys’ fees for any third party claim that (i) arises from your modification of the Products and Services or (ii) as well as any material provided for your use that infringes any patent, copyright, trademark, trade secret or other intellectual property right under the law. You shall assume the defense of any third party claim with an attorney. PagoYa! may employ its own attorney in any such case, and you shall pay such attorney’s fees and expenses. You shall be entitled to settle any claim for which indemnification is available; to the extent such settlement requires PagoYa! to be indemnified to take or refrain from taking any action or claim to compel PagoYa! to be indemnified.

THE PARTIES DISCLAIM THE IMPLIED WARRANTY OF NON-INFRINGEMENT, IN LIEU OF THE TERMS OF THIS SECTION.

Additional disclaimers or limitations of liability may be contained in the various third party software, license and service agreements you have agreed to in order to access the Products and Services.

Intellectual Property

Copyright.

The Products and Services, including all content included in our user interfaces, or delivered to members as part of the Products and Services, including but not limited to source code, data compilations and software, are the property of WebsitePayPal or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. While the Products and Services include freely available open source software, the compilation of all Content and any software or other materials provided by Website, or in connection with the Products and Services are the exclusive property of Website and its licensors and are protected by copyright and trade secret laws in the territories in which the Products and Services operate and by international treaty provisions. Content may not be reproduced or used without the express written permission of PagoYa! or its licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible from the PagoYa!, insert any code or products into or manipulate the content of the Products and Services in any way, or use any database, data collection or data mining methods. PagoYa! reserves the right to terminate your membership hereunder if PagoYa!, in its sole and absolute discretion, believes that you are violating software restrictions, restrictions against copying the Products and Services that we provide to you or other unauthorized copying or use of our proprietary content violates the copyrights of authors and their licensors. PagoYa! does not promote, encourage or condone copying of third party products or categories or any other infringing activity. While your use of the Products and Services, including online store demos, store products and services, are for your commercial use, such items are not the property of any third party. Please refer to the instructions at the end of these Terms of Service to notify us of the presence of any allegedly infringing content on the Products and Services, pagoya.shop

Registered Trademarks

PagoYa! is a registered trademark of Pagovision. The PagoYa! logo and pagovision.com are trademarks or service marks. The Products and Services, including, but not limited to, their graphics, logos, page headers, button icons, scripts, and service names, constitute trade dress of PagoYa! The trademarks, service marks and trade dress may not be used or reproduced without the prior written approval of PagoYa! and may not be used in connection with any product or service that is not affiliated with PagoYa! in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of PagoYa!, or in any manner that disparages or discredits PagoYa! Other trademarks appearing on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected or connected to, or sponsored by PagoYa! Images of people or personalities contained on the Website and user interfaces are not an indication or endorsement of PagoYa! or any particular product or our service unless otherwise indicated.

Patents 

PagoYa! has patents pending that apply to the Products and Services and our operations.

Use of information presented

PagoYa! is free to use any comments, information, ideas, concepts, reviews or techniques or any other materials contained in any communication you send to us (“Feedback”), including responses to questionnaires or through postings on the Products and Services, including the PagoYa! website and user interfaces, without further compensation, acknowledgment or payment to you for any reason, including, without limitation, to develop, manufacture and market products and to create, modify or improve the Products and Services. In addition, by posting any Comments on our site, submitting Comments to us or responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license, including the right to sublicense such right, and the right to display, use, reproduce or modify the Comments submitted in any media, software or technology of any kind now existing or developed in the future.

Please note that PagoYa! does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of your content or programming in any medium to materials or ideas transmitted to PagoYa! If you submit unsolicited materials or ideas, you do so with the understanding that no additional consideration will be provided to you, and you are waiving any claim against PagoYa! and its affiliates with respect to the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you submitted.

Test of service

From time to time, we test various aspects of our Products and Services, including our website, other user interfaces, service levels, plans, promotions, features, delivery and pricing, and we reserve the right to include or exclude you from these tests without notice.

Customer Services

If you need help with your account, you can find answers and support in our community forums and use other resources and contacts found here: https://support.pagoya.shop/ You can also contact us with customer service questions at support@pagoya.shop

Limitations of use

You must be 18 years of age or older to become a member and end user of the Products and Services. In certain jurisdictions, the age of majority may be 18 or older, in which case you must be 18 or older to become a member. While individuals under the age of 18 may use the Products and Services, they may do so only with the involvement of a parent or legal guardian, under such individual’s account, and subject to these Terms & Conditions. While PagoYa! distributes products that may be used by children, the Products and Services are not intended for use by children without the involvement, supervision and approval of a parent or legal guardian. Unless otherwise specified, we grant you a limited, non-exclusive, non-transferable license to access the Products and Services. Except for the foregoing limited license, no right, title or interest is transferred to you. You may not download (except through page caching necessary for personal use, or as otherwise expressly permitted), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained in or obtained from through the Products and Services, without our express written consent. PagoYa! does not promote, encourage or endorse copying, publishing, licensing, creating derivative works of, or offering for sale any information contained in or obtained through the Products and Services, without our express written consent. You may not circumvent, remove, alter, disable, degrade or defeat any of the content protections in the Products and Services. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of YaPay! without our express written consent. You may not purchase search terms or use tags or any other “hidden text” utilizing the PagoYa! name or trademarks without our express written consent. Any unauthorized use of the Products and Services or their content will terminate the limited license granted by us and will result in termination of your membership.

Third-party applications, software, products, services and websites

From time to time, PagoYa! may recommend or enable third party applications, software, products, services or links to third party websites for your consideration or use. Such applications, software, products, services and links are provided for your convenience only and do not constitute or imply an endorsement, authorization, sponsorship or affiliation by PagoYa! or with respect to any third party, third party applications, software, products, services or websites. These Terms & Conditions do not apply to such third party applications, software, products, services or websites and you should review such third party agreements relating to such third party applications, software, products, services or websites which may differ and it is your responsibility to comply with such third party terms. Your use of or access to any third party applications, software, products, services or websites is at your own risk. PAGOYA! MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES OR WEBSITES AND SHALL NOT BE LIABLE FOR YOUR USE OF ANY THIRD PARTY APPLICATIONS, SOFTWARE, PRODUCTS SERVICES OR WEBSITES.

Copyright infringement claims

It is PagoYa!’s policy to respect the intellectual property rights of others. PagoYa! does not condone the unauthorized reproduction or distribution of copyrighted content. If you believe that your work has been reproduced or distributed in a way that constitutes copyright infringement or you are aware of any infringing material available through the Products and Services, please see our Copyright Policy for explicit instructions on how to address the problem.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law provisions. If any provision or provision of these terms shall be held invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired in any way, and shall remain in full force and effect.

Arbitration agreement

You and PagoYa! agree that any dispute, claim or controversy arising out of or relating in any way to the Products and Services, including our website, user interfaces, these Terms & Conditions and this Arbitration Agreement, shall be determined by arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by the courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and PagoYa! are waiving the right to a jury trial or to participate in a class action lawsuit. This arbitration provision shall survive the termination of this Agreement and the termination of your membership in PagoYa!

YOU AND PAGOYA! AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR IN YOUR LAWSUIT, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. In addition, unless both you and PagoYa! agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then this entire arbitration provision shall be null and void. The arbitrator may grant injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

 

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