Terms of Service

1. What terms apply

Welcome to Terminal Pay, which is operated by Lopay Limited. By accessing or using our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

By these terms, together with our Privacy Policy, Acceptable Use Policy, and any other terms that we refer to in these documents (our "Agreement"), we are entering into a legal contract with you in relation to your access to and use of Terminal Pay.

When downloading our app, accessing our website, or using our services, you confirm that you have read and agree to these Terms and our Privacy Policy. If you are using Terminal Pay on behalf of a business, you confirm that you have authority to bind that business to these Terms.

Your continued usage of our services constitutes your ongoing acceptance of these Terms. We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically to stay informed of any updates.

If you don't agree to any changes we make to these Terms, you should stop using Terminal Pay. If you continue to use Terminal Pay after we have posted the changes, this will constitute your acceptance of and agreement to be bound by the changes.

If any provision of these Terms is held to be invalid under applicable law, such provision shall be excluded from these Terms and the remaining provisions of these Terms shall remain in full force and effect. The failure of Terminal Pay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

2. Who we are and how to contact us

Terminal Pay is operated by Lopay Limited ("we", "us", "our"), a company registered in England and Wales.

To contact us, please email support@terminalpay.com or call our customer service team at +44(0)20 4571 4796.

3. Our services

Terminal Pay provides a software application that connects your Stripe account to physical payment terminals, enabling you to accept in-person card payments. Our services include:

• Connection between your Stripe account and compatible payment terminals
• Transaction processing and management
• Receipt generation and printing capabilities
• Tax calculation and management
• Tipping functionality
• Access to transaction history and reporting

To use Terminal Pay, you must have a valid Stripe account. We do not process payments directly; instead, we facilitate the connection between your Stripe account and physical payment terminals. All payment processing is handled by Stripe, and you are subject to Stripe's terms of service in addition to these Terms.

4. Your account

To use Terminal Pay, you must create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You must provide accurate, current, and complete information during the registration process and keep your account information updated. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You may not share your account credentials with any third party. You are solely responsible for any activity that occurs through your account.

5. Fees and payment

Terminal Pay charges fees for the use of our services as described on our pricing page or as agreed upon in a separate written agreement. We reserve the right to change our fees at any time, with notice provided to you at least 30 days in advance of any fee changes.

All fees are exclusive of taxes, which will be charged as applicable. You are responsible for paying all fees and taxes associated with your use of Terminal Pay.

Payment processing fees are charged directly by Stripe and are subject to Stripe's terms of service. Terminal Pay does not control and is not responsible for any fees charged by Stripe.

6. Your obligations

When using Terminal Pay, you agree to:

• Comply with all applicable laws and regulations
• Provide accurate information to us and your customers
• Maintain the security of your account and payment terminals
• Not use Terminal Pay for any illegal or unauthorized purpose
• Not infringe upon the rights of others or engage in activity that is harmful to others
• Not attempt to bypass any security measures or access data not intended for you
• Not use Terminal Pay in a way that could damage, disable, overburden, or impair our services
• Not use any automated means to access Terminal Pay without our permission

7. Intellectual property

Terminal Pay and its original content, features, and functionality are owned by Lopay Limited and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or application, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications

8. Limitation of liability

To the fullest extent permitted by applicable law, Lopay Limited and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use Terminal Pay
• Any conduct or content of any third party on Terminal Pay
• Any content obtained from Terminal Pay
• Unauthorized access, use, or alteration of your transmissions or content

Our total liability to you for all claims arising from or relating to these Terms or your use of Terminal Pay shall not exceed the amount paid by you to Terminal Pay during the twelve (12) months immediately preceding the event giving rise to such claim.

9. Indemnification

You agree to defend, indemnify, and hold harmless Lopay Limited and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to Terminal Pay
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of Terminal Pay.

10. Termination

We may terminate or suspend your account and bar access to Terminal Pay immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using Terminal Pay or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. Changes to these terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use Terminal Pay after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Terminal Pay.

13. Entire agreement

These Terms constitute the entire agreement between you and Lopay Limited regarding Terminal Pay and supersede all prior and contemporaneous written or oral agreements between you and Lopay Limited.

You may be subject to additional terms and conditions that may apply when you use third-party services, third-party content or software, or visit a third-party site that is linked from Terminal Pay.

14. Contact us

If you have any questions about these Terms, please contact us:

support@terminalpay.com
Phone: +44(0)20 4571 4796