User Agreement

Last updated: April 10 at 12:00, 2023

capay.cash provides information and technical services for the acceptance of payments via bank cards and electronic funds for goods or services sold on the Internet, under the terms of this User Agreement (hereinafter referred to as the "Agreement").
All obligations assumed under this Agreement must be fulfilled within the terms, at the place, and in accordance with the rules specified in this Agreement and its appendices.
If you do not accept this Agreement in full or in part, or if you disagree with any terms of this Agreement, please do not use the capay.cash service.

The parties to this Agreement are:
The capay.cash payment acceptance service (hereinafter - the Provider) and an individual (hereinafter - the User).
In the text of this Agreement, the Provider and the User are jointly referred to as the "Parties", and individually as a "Party".

1. TERMS AND DEFINITIONS
1. Authorization – the process of obtaining permission from the Issuing Bank to perform a Transaction.
2. Issuing Bank – an organization (credit institution) that issues bank cards.
3. Bank – a credit institution (including a non-bank credit institution) that transfers User funds (including electronic funds) through the Provider's Services.
4. User Identification – documentary confirmation of the User's identity using a unique username and password for each User.
5. Personal Account – the User's account in the System, which records all Transactions related to the User's email address and/or bank card number.
6. International Payment System – an international association of banks and credit institutions that develops, implements, and supports card products and related services, and sets and regulates the rules for settlements among payment system participants.
7. Provider – the capay.cash payment acceptance service.
8. Chargeback Operation – a financial request to debit funds from the Supplier’s account for a previously authorized Transaction, initiated by the User in accordance with international payment system rules.
9. Reversal Operation – cancellation of Authorization, which results in the release of a previously held amount in the User's account.
10. Refund Operation – an operation initiated by the Supplier, performed after funds have been debited from the User's card account, in case the User refuses the product/service or returns it.
11. User – an individual.
12. Buyer (Payer) – a User who purchases goods/services offered through the Internet.
13. Supplier – an individual or sole proprietor selling goods/services online and receiving funds from the User (Buyer/Payer) for the provided goods/services.
14. Partner – a person who has entered into a cooperation agreement with the Provider in any area.
15. User's Personal Data – any information about the User, including the User's bank card details, provided to the Provider for the purpose of fulfilling the terms of this Agreement.
16. Rules of International Payment Systems – generally accepted standards and rules established by international payment systems to ensure the security and efficiency of Transactions, available publicly on the Internet.
17. User Registration (Registration, System Registration) – the result of entering a person's data into the System, after which the person is identified by the System as a User.
18. Agreement – this Agreement, which governs the relationship between the Parties in the processing of online payments for goods/services offered for purchase via the Internet, using the technical services of the Provider.
19. Provider’s Services – a set of services for providing information support to the User (information about the status of the payment), consultations, and technical and informational support in case of malfunctions, errors, or technical failures affecting normal System operation.
20. System – the “capay.cash” system, a combination of software and hardware ensuring informational and technological interaction between the Provider, Users, and Suppliers (hereinafter – "System participants") for payments via the Internet, with descriptions and other information available on the System’s Website.
21. Provider’s Website – the website available on the Internet at: capay.cash
22. Transaction – a set of technical operations carried out using the Provider’s or its Partners’ software and hardware to process a Buyer’s payment.
Other terms not defined in this section may also be used in this Agreement. In such cases, the interpretation of such terms is based on established Internet practice and the general (lexical) meaning.

2. GENERAL PROVISIONS AND TERMS OF USE OF THE PROVIDER'S SERVICES
2.1. The Provider grants the User the ability to use the Provider’s Services for the technical facilitation of the payment process for goods/works/services of Suppliers via the Internet under the terms of this Agreement, which constitutes the subject matter of this Agreement. The User undertakes to use the Provider’s Services strictly in accordance with the Provider’s instructions and in accordance with this Agreement and its appendices.
2.2. The Provider’s responsibilities and liabilities are limited to providing informational and technical support for the acceptance of payments via bank cards and electronic funds for goods or services sold online, providing the User with payment status information (success/failure), consulting services, and technical support. The Provider is not a party to the transaction entered into between the User and the Supplier and, accordingly, is not responsible for the Supplier’s fulfillment of the terms of such transaction, does not control its compliance with legal requirements, and is not liable for the consequences of the conclusion, execution, or termination of such transaction, including payments and/or refunds. The Provider does not consider User claims related to any non-performance/improper performance of the Supplier’s obligations under the transaction.
2.3. The Provider shall not be liable for any losses and/or loss of profit of the User, or loss of information resulting from the use or inability to use the Provider’s Services, if the Provider has ensured normal operation and security of the Services. The Provider is not liable for any obligations that Users may have to Suppliers or other third parties (including other Users) in connection with their use of the Services.
2.4. The Provider is not liable for malfunctions, errors, or failures in the operation of software and/or hardware that support the functioning of the Provider’s System and Services caused by reasons beyond the Provider’s control, as well as for any resulting User losses, provided the Provider has made all reasonable efforts to ensure proper functioning and security. The Provider is not responsible for the User’s inability to access the System and Services if such inability is due to the User’s fault and/or not caused by the Provider. The Provider is not liable for User losses resulting from the unlawful actions of third parties, if the Provider has taken all reasonable measures to ensure proper functioning and security. The Provider is not responsible for User losses resulting from:
2.4.1. The presence of malware in the software and/or hardware used by the User to access the System and Services;
2.4.2. Incorrect completion of forms and documents used in the System, or any other documents completed when using the Services, unless otherwise provided by this Agreement;
2.4.3. The User’s violation of this Agreement and/or its appendices.
2.5. The Provider has the right to:
2.5.1. Perform technical maintenance at any time to modify the System and Services, as well as any software used by the Provider;
2.5.2. At its discretion, suspend/terminate the operation of technical means ensuring the Services' operation to prevent unauthorized access or fix issues preventing normal operation;
2.5.3. Restrict/suspend the User’s access if the User negatively affects the Provider’s or its Partners’ business reputation. Reputational harm is established in accordance with Russian law;
2.5.4. Deny User access in the following cases:
2.5.4.1. Reasonable suspicion of User involvement in fraudulent and/or illegal activities;
2.5.4.2. Negative history of System and Services usage;
2.5.4.3. Provision of outdated or false information by the User;
2.5.4.4. Bank refusal to process the User’s transaction;
2.5.4.5. Notification from an international payment system about a User's violation of its rules.
2.5.5. Request identity documents and any necessary information if there is reason to believe false information was provided or Agreement terms were violated. The Provider may also require written consent from a legal representative if the User is a minor;
2.5.6. For the purpose of fulfilling this Agreement and ensuring security, collect, store, process, and transfer to third parties data about the User’s devices and other automatically transmitted data;
2.5.7. For the purpose of fulfilling this Agreement, collect, store, and process the User’s Personal Data in accordance with Section 4 of this Agreement;
2.5.8. Report to authorities in case of information or reasonable suspicion of User involvement or intent to commit fraudulent or illegal acts.
2.6. The Provider undertakes to:
2.6.1. Process the User’s payment orders to Suppliers via the System and Services, provided that accurate and complete information is supplied;
2.6.2. Ensure the highest level of information protection, maintaining confidentiality of all User data, unless such data:
a) Is publicly available;
b) Is disclosed with the User’s consent or request;
c) Is disclosed to the User’s counterparties in the User’s interest;
d) Must be disclosed due to suspicious transactions or inquiries from banks, courts, or authorities;
e) Is disclosed under clause 2.5.8 of this Agreement;
f) Is disclosed as provided in this Agreement, its appendices, or other agreements between the Parties.
2.7. The Provider guarantees normal operation and security of its Services.
2.8. The User has the right to:
2.8.1. Use the Services under the terms of this Agreement;
2.8.2. Contact the Provider with any questions regarding the use of Services by sending a written request via post, phone, fax, or email. The procedure for handling User requests is set out in Section 7 of this Agreement.
2.9. The User undertakes to:
2.9.1. Provide accurate and current information during registration (authorization). The User is responsible for the accuracy, timeliness, and completeness of information provided. If incorrect or outdated information is provided, the Provider is not liable for any losses caused by the Bank’s refusal to refund a Payment or take other actions due to the inability to identify the User, unless otherwise stated in this Agreement;
2.9.2. Take all necessary measures to keep confidential information and personal data safe and prevent unauthorized access by third parties;
2.9.3. Not use the Services for any activities that violate the laws of the Russian Federation or international law. If this obligation is violated, the Provider may block the User and/or transactions until a final court or government decision is made;
2.9.4. Use the Services only through lawful communication channels and operators (including electronic);
2.9.5. Comply with all lawful requirements of the Provider necessary for the normal functioning and security of the Services and System, and in any case related to the implementation of this Agreement and its appendices;
2.9.6. Provide all documents requested under clause 2.5.5 of this Agreement upon the Provider’s request;
2.9.7. Not modify the System software or any part of it independently or via third parties, nor use any automated access tools unless approved by the Provider.
2.10. The User guarantees that their online activity does not contradict Russian law, international legal norms, accepted principles of morality, or the lawful interests of third parties.
2.11. The Parties guarantee to each other that they possess the legal capacity and authority necessary to conclude and execute this Agreement according to its terms.

3. PROCEDURE FOR SERVICE PROVISION BY THE PROVIDER
3.1. For the proper provision of services and access to the Provider’s Services, the Provider undertakes to provide the User with access to the System’s client web interface. Access to the client web interface is provided by creating a User's Personal Account. The Personal Account is created when the User makes the first Transaction in the System and is activated independently by the User on the Provider’s Website. The Personal Account contains information about Transactions carried out by the User in the System, including but not limited to, the User's order history on Suppliers’ websites and the status of Transactions.
3.2. The password is provided to the User upon the User's request.
3.3. The password provided by the Provider to the User under this Agreement is strictly confidential. The User must keep the password secret, not disclose it to third parties, not lose it, and protect it from third-party access. The Provider is not responsible for the security of the User’s data contained in the Personal Account in case of password loss and/or disclosure of the password to third parties and/or transfer of the password to third parties in any other way.
3.4. The User bears full responsibility for any consequences of unauthorized access to the Personal Account if such access was not caused by the Provider.

4. PROVISIONS ON USER'S PERSONAL DATA
4.1. To properly fulfill the Provider's obligations to the User and to minimize fraud, the Provider receives personal data of Users, including banking card information. By accepting this Agreement, the User gives unconditional consent to the Provider to process personal data provided to the Provider by the User (or another person authorized by the User) in any way, including but not limited to collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), including cross-border transfer, depersonalization, blocking, deletion, destruction of personal data.
4.2. The Provider may process Users' personal data solely to properly fulfill obligations to the User.
4.3. The User’s consent is valid for the duration of this Agreement and may be withdrawn by the User by terminating the Agreement. If the User provides third-party personal data to the Provider, the User guarantees the legality of obtaining such data and the consent of the data subjects and is responsible for the lawful provision and accuracy of the data.

5. PROCEDURE FOR CONCLUSION, AMENDMENT AND DURATION OF THE AGREEMENT
5.1. This Agreement is concluded by the Parties in the form of an adhesion contract.
5.2. The User accepts the terms of this Agreement by performing the actions specified in this Agreement. By accepting the Agreement, the User acknowledges understanding all terms, agrees fully and unconditionally without exceptions, conditions, or limitations. Acceptance is equivalent to entering into a bilateral written agreement for the use of the Provider’s Services and System.
5.3. Acceptance is made after the User carefully reads the terms of this Agreement on the Provider’s Website.
5.4. The period for acceptance is not limited.
5.5. This Agreement becomes effective upon acceptance by the User and remains in force for an indefinite period.
5.6. The Agreement may be terminated by either Party as provided herein.
5.7. The Provider may terminate the Agreement at any time with prior notice to the User.
5.8. The User may terminate the Agreement at any time by notifying the Provider at least 10 (ten) calendar days in advance. All financial and other obligations arising before termination must be fully fulfilled by the User.
5.9. This Agreement may be amended and/or supplemented by the Provider unilaterally without specific notice. The current version is publicly available on the Provider’s Website. The Provider recommends the User regularly check the Agreement for changes. Failure to submit a written refusal or continued use of Services constitutes acceptance of such changes.

6. LIABILITY OF THE PARTIES
6.1. The Provider is liable to the User in an amount not exceeding the Transaction amount, unless otherwise provided by other agreements.
6.2. The Provider is not responsible for malfunctions, errors, or failures of software/hardware not caused by the Provider, or any losses (including lost profit) associated with this.
6.3. The Provider is not responsible for User’s losses due to third-party actions if the Provider ensured proper functioning and security.
6.4. The Provider is not liable for any losses incurred by the User resulting from:
6.4.1. Incorrectly filled-in documents used in the System or during the Transaction;
6.4.2. Violation of this Agreement, its appendices, or other agreements with the Provider or third parties using the Provider’s System;
6.4.3. Provision of outdated, false, or incomplete/insufficient information by the User;
6.4.4. Violation of Provider/System recommendations by the User;
6.4.5. Granting access to the Personal Account to third parties, failure to maintain password confidentiality as stated in Clause 3.3.;
6.4.6. Presence of viruses or other harmful software on the User’s devices used to access the Provider’s System;
6.4.8. Making a Payment in a way not provided by this Agreement and/or its amendments.
6.5. The Provider is not liable for temporary unavailability of access to the System if the Provider ensured normal operation or is conducting maintenance for improvement/stabilization.
6.6. The Parties are exempt from liability for full or partial non-fulfillment due to force majeure occurring after the Agreement’s effective date, resulting from extraordinary events that could not be foreseen or prevented by reasonable measures. Also, the Provider is not liable if obligations could not be fulfilled due to technical failures beyond its control.

7. DISPUTE RESOLUTION AND APPLICATION PROCEDURE
7.1. For any issues during use of Services or performance of this Agreement, the User may contact the Provider with a written request via support services.
7.2. The Provider does not consider claims regarding non-performance/improper performance by a Supplier under a transaction with the User. Such claims must be sent by the User directly to the Supplier’s address.

8. NOTICE DELIVERY PROCEDURE
8.1. The Provider may deliver notices (including legally significant ones), responses, and other messages to the User using one of the following methods:
a) by posting on the Provider’s Website;
b) to the email address provided during registration in the System;
c) to the email address indicated in any request previously received by the Provider.