Paycepaid - Debt Collection Software for Customer Centric Businesses

NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY

BY OPENING THIS PACKAGE, BREAKING THE SEAL, BY SELECTING “I ACCEPT”, “OK”, “CONTINUE”, “YES” OR BY INSTALLING OR USING THE SOFTWARE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. If the Software is downloaded from the mobile app stores or accessed through Paycepaid’s website log in this Agreement will be accepted and a contract formed when you selects an “I Accept”, “OK” “Yes” or “Log In” button or box below prior to download, installation or log in. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL ACCESS THE SOFTWARE OR LOG IN, MAKE NO FURTHER USE OF THE SOFTWARE, AND CONTACT CUSTOMER SERVICE.

This License Agreement is a legal agreement between you (either an individual or a legal person) and PAYCEPAID SOFTWARE SOLUTIONS PTY LTD (“Paycepaid”) for use of Paycepaid’s Software identified above, which includes software and services for your devices, and may include associated media, printed materials, and “online” or electronic documentation (“Software”), all of which are protected by international copyright laws and international treaties. By installing, copying or using Software, you agree to be bound by the terms of this Agreement. SOFTWARE REGISTRATION

By accepting this Agreement, you agree to register your account with Paycepaid for using and accessing to the Software (“Software”). Registration requires a valid email address for installing, using or accessing to the Software. You warrant that you are the legal owner of the Internet Service provided in your household or business where the Software will be set up or accessed to and you have the legal rights to create your account.

You warrant that you have the administered parties’ consent to monitor their devices, get reports for dangerous websites blocked, get their devices’ locations and perform actions remotely that may limit or block use of their devices

You acknowledge that by installing this Software and connecting Paycepaid to your network, you may experience Internet connectivity degradation or loss. The Software is used for a network device that is connected to other network devices in your household. You acknowledge that your connected devices may become non-responsive and/or lose functionality as a result of your use of the Software.

You as administrator have the right to monitor your devices, locate devices on map, enforce screen locks, wipe devices, scan traffic on all connected devices, and protect and manage devices remotely, including performing system updates, cleaning up devices, and blocking threats and exploits targeting managed devices in or outside the network . Paycepaid shall not be held responsible for any damages resulting from privacy or data loss caused to you.

This Agreement covers the Paycepaid’s Software licensed to you, including related documentation and any update and upgrade of the applications and software relying on the hardware delivered to you under the purchased subscription or any related service agreement as defined in the documentation and any copy of these items. The warranty for the hardware is provided separately within the package received with your initial purchase- Limited Hardware Warranty if applicable.

GRANT OF LICENSE

The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Software is licensed, not sold. This agreement only gives You some rights to use Software. Paycepaid reserves all other rights. Unless applicable law gives you more rights despite this limitation, You may use Software only as expressly permitted in this Agreement. Paycepaid hereby grants you and only you the following non-exclusive, limited, non-assignable, non-transferable, non-sublicensable and royalty-bearing license to use Software.

During the installation process, the Software may uninstall or disable functionality of your operating system to enable compatibility with the Software. By accepting this Agreement, you understand that the Software may alter the functionality of your operating system to enable compatibility with the Software.

TERMS OF LICENSE

You will have certain rights to use the Software during the License Period, which shall begin on the date of Your initial installation of the Software and shall last for the period of time set forth in your account or the applicable transaction documentation from Paycepaid. The Software may automatically be deactivated at the end of the License Period, and you will not be entitled to receive any feature, content updates or access to the Software.

If you have agreed to permit Paycepaid to automatically renew your subscription to Software by charging a valid credit card number which you have provided to Paycepaid, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Paycepaid’s then-current price, excluding promotional and discount pricing. You must provide current, complete and accurate information for your billing account.

You must promptly update all information to keep your billing account current, complete, and accurate (such as, but not limited to a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Paycepaid if your credit card is cancelled (such as, but not limited to for loss or theft). If you fail to provide any of the foregoing information, you agree that Paycepaid may continue charging you for any subscription automatically renewed unless you inform Paycepaid’s Customer Care department at http://www.paycepaid.com/contact-us/ (or any other local number provided by Paycepaid in your region) not to renew your subscription to Software at least thirty (30) days prior to the expiration of your subscription to Software and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of Software and destroy all copies of Paycepaid and the Documentation. Upon termination, all information collected under your account may be retained by Paycepaid only for the purpose of analysis.

UPGRADES

If Software is labelled as an upgrade, you must be properly licensed to use Software identified by Paycepaid as being eligible for the upgrade. A Software labelled as an upgrade replaces and/or supplements the Software that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded Software only in accordance with the terms of this License Agreement. If Software is an upgrade of a component of a package of software programs that you licensed as a single Software may be used and transferred only as part of that single Software package and may not be separated for use by other users. The terms and conditions of the new license agreement replace and supersede any previous agreements that may have existed between you and Paycepaid regarding the original Software or the resulting upgraded Software.

COPYRIGHT

All rights, titles and interest in and to Software and all copyright rights in and to Software (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and “applets” incorporated into Software), the accompanying printed materials, and any copies of Software are owned by Paycepaid, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners. Software is protected by copyright laws and international treaty provisions. Therefore, you must treat Software like any other copyrighted material. You may not copy or reproduce any materials accompanying Software. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Software exists. You may not sub-license, rent, sell, lease or share the Paycepaid’s license. You may not reverse engineer, recompile, disassemble, create derivative works, modify, translate, or make any attempt to discover the source code for Software, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software.

TECHNICAL SUPPORT

Certain technical support features may be offered by Paycepaid for the license term of the Software and may include live chat with a technical support consultant and/or assistance from a technical support consultant via remote access. If such features are offered and You choose to access such Technical Support it shall be governed by the following conditions: any such Technical Support shall be provided in Paycepaid’s sole discretion without any guarantee or warranty of any kind. It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. In the course of providing the Technical Support, Paycepaid may determine that the technical issue is beyond the scope of the Technical Support. Paycepaid reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.

LIMITED WARRANTY

Paycepaid does not warrant that Software will be uninterrupted or error free or that the errors will be corrected. Paycepaid does not warrant that Software will meet your requirements.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PAYCEPAID DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ENHANCEMENTS, MAINTENANCE OR SUPPORT RELATED THERETO, OR ANY OTHER MATERIALS (TANGIBLE OR INTANGIBLE) OR SERVICES SUPPLIED BY PAYCEPAID. PAYCEPAID HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS BY FILTERING, DISABLING, OR REMOVING SUCH THIRD PARTY’S SOFTWARE, SPYWARE, ADWARE, COOKIES, EMAILS, DOCUMENTS, ADVERTISEMENTS OR THE LIKE, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE. Paycepaid is acting on behalf of its suppliers and marketing partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

DISCLAIMER OF DAMAGES

Anyone using, testing, or evaluating Software bears all risk related to the quality and performance of Software. In no event shall Paycepaid be liable for any damages of any kind, including, without limitation, direct or indirect damages arising out of the use, performance, or delivery of Software, even if Paycepaid has been advised of the existence or possibility of such damages.

Any information, recommendation, notices or communications generated by the Software or issued by Paycepaid are designed to provide general information and general understanding of debt collection procedures, not to provide specific legal or accounting advice. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in the information, recommendation, notices or communications generated by the Software or issued by Paycepaid. In no event Paycepaid is engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers. Before making any decision or taking any action, you should consult with your own professional accounting, tax legal or other competent advisers.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL PAYCEPAID’S LIABILITY EXCEED THE PURCHASE PRICE PAID BY YOU FOR SOFTWARE. The disclaimers and limitations set forth above will apply regardless of whether you accept to use, evaluate, or test Software.

Any transaction information, accounting records, statement, notes, reports, communications, advice and instruction imported into Software or Paycepaid’s automated system (“User Data”) will be a reflections of the same User Data provided by you or the third party accounting service provider nominated by you. In no event shall Paycepaid be liable for any inaccuracy or incompleteness of such User Data.

IMPORTANT NOTICE TO USERS

THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

CONSENT TO ELECTRONIC COMMUNICATIONS

Paycepaid may send you legal notices and other communications about the Software or other Paycepaid’s Services or use of the information you provide to Paycepaid (“Communications”). Paycepaid will send Communications via in-product notices or via email to the primary user’s registered email address, or will post Communications on its website. By accepting this Agreement, you consent to receive all Communications through these electronic means only and acknowledge and demonstrate that you can access Communications on its website.

PRIVACY POLICY

All the information on how the personal data is processed during the usage of the Paycepaid’s solution and services is specified in the Paycepaid Privacy Policy. By accepting this Agreement, you understand that you have been notified about how your personal data will be processed according to the Privacy Policy published on: http://www.paycepaid.com/privacy-policy//.

DATA COLLECTION TECHNOLOGY

Paycepaid informs you that in certain programs or Software it may use data collection technology to collect technical information, to improve the Software, to provide related services, to adapt them and to prevent the unlicensed or illegal use of the Software.

Certain personal information given (name, email address,), during initial setup, if collected, will be used as an account name under which you may elect to receive additional services and/or under which you may use certain features of the Software.

You accept that Paycepaid may use such information as part of the services provided in relation to the Software.

You acknowledge and accept that Paycepaid may provide updates or additions to the Software which automatically download to your device. Similarly, for the purpose of contracting and using the program, you may be required to give Paycepaid certain personal data. Paycepaid informs you that it will treat your personal data in accordance with current applicable legislation and as established in its privacy policy.

From time to time, the Software may collect certain information from the devices on which it is installed or from your networking devices, which may include: IP and MAC addresses, information on potential security risks as well as URLs of websites visited that the Software deems potentially fraudulent., and others, that could contain personally identifiable information or confidential information that a potentially fraudulent website or program is attempting to obtain without Your permission. This information is gathered anonymously and it will not be correlated with any personally identifiable information.

This information will be sent to Paycepaid only with your permission, and will not be sent automatically. The information is collected by Paycepaid for the purpose of improving the Software performance or statistic information. This information will not be correlated the encountered problem and with any personally identifiable information.

In addition to Software registration information, Paycepaid may process and store certain information about your network and equipment to provide maintenance and related support services. The Software is not designed to capture or retain any personal or private information. You agree that Paycepaid may (i) use uploaded data from installed Software to improve Software and services; (ii) use uploaded data for analysis or reporting purposes only if any such use does not identify You or include any information that can be used to identify any individual person.

Paycepaid reserves the title, ownership and all rights and interest to any intellectual property or work Software resulting from its use and analysis of such information.

GENERAL

This Agreement will be governed by the laws of Australia and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these Subscription Agreement shall be of the courts of Australia. Nothing in this Subscription Agreement will diminish any rights you may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract.

In the event of invalidity of any provision of this Agreement, the invalidity shall not affect the validity of the remaining portions of this Agreement.

This Agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the Paycepaid Solution. This Agreement does not change your rights or obligations under the laws of your state or country if the laws of your state or country do not permit it to do so.

Paycepaid and Paycepaid logos are trademarks of Paycepaid. All other trademarks used in the product or in associated materials are the property of their respective owners. The Subscription will terminate immediately without notice if you are in breach of any of its terms and conditions. You shall not be entitled to a refund from Paycepaid as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.

Paycepaid may revise these Terms at any time and the revised terms shall automatically apply to the corresponding versions of the Paycepaid Solution distributed with the revised terms. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the Terms, which shall remain valid and enforceable.

Paycepaid reserves the right to change the name of its Solutions in its sole discretion from time to time.

This Agreement has been originally prepared in the English. Although Paycepaid can provide translated versions of this Agreement for your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy.

Not withstanding that this Agreement has been prepared by Paycepaid, you confirm that this Agreement constitutes the understanding of the parties and is intended to be construed in a manner that is consistent with the subject matter and activities contemplated by, and the terms and conditions of the Agreement. No rule of strict construction with respect to this Agreement shall be applied against either party.