Please read the following Terms of Service carefully. Your use of AeroPay and its related services constitutes your express and unequivocal consent to the same.
These Terms of Service represent the legally binding agreement between you and Aero Payments, Inc. (“Aero Payments” or “we” or “us”) concerning your use of (including any access to) the Aero Payments platform (together with any materials and services available therein, and successor app(s) thereto, the “App”). These Terms of Service hereby incorporate by reference any additional terms and conditions posted by Aero Payments through the App or otherwise made available to you by Aero Payments.
THIS AGREEMENT CONTAINS A MANDATORY BINDING ARBITRATION PROVISION, WHICH, AS SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS.
BY USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
Changes: We may change these Terms of Service by notifying you of such changes by any reasonable means, including by posting a revised Terms of Service on the App or on our website. Any such changes will not apply to any dispute between you and us arising prior to the date we posted the revised Terms of Service incorporating such changes or otherwise notified you of such changes. Your use of the App following any changes to these Terms of Service will constitute your acceptance of such changes. We may, at any time and without liability, modify or discontinue all or part of the App; charge, modify or waive any fees required to use the App; or offer opportunities to some or all App users.
Jurisdictional Issues: The App is controlled and operated from the United States and is not intended to subject, nor does it subject, Aero Payments to any jurisdiction or law outside the United States. The App, and/or certain products or services available through the App, may not be appropriate or available for use in some jurisdictions outside the United States. Any use of the App or any such products or services is at your own risk and you must comply with all applicable laws, rules and regulations in doing so. We may limit the App’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction we choose.
No Financial, Investment, Legal, Accounting or Tax Advice: The App does not and should not be construed to constitute or provide any financial, investment, legal, accounting, tax or other advice. You shall not rely upon or otherwise use the App in connection with making or evaluating any financial, investment, legal, accounting, tax or other decisions. We urge you to consult the proper financial, investment, legal, accounting or tax advisor with respect to any such issues as applicable. In addition, nothing available through the App is an offer to sell, or a solicitation of any offer to buy, any financial products. Likewise, no content of the App should be used as the basis of any investment or other financial decision.
Rules of Use:
Your use of the App is a privilege, not a right. As such, in connection with your use of the App, you shall not engage in the following conduct:
Declined Payments & Collections: During your use of AeroPay, you may encounter a declined payment. Declined payments are the result of your ACH transaction returning for a number of reasons. In all of these occurrences, you will be notified via email of the declined payment - and further the retry of the declined payment. A successful retry will resolve the payment.
Declined payments will result in your AeroPay account becoming disabled until the payment is resolved. Your information will be submitted to a debt collections agency if the declined payment is not resolved within one month.
DISCLAIMER OF WARRANTIES: THE APP IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. AERO PAYMENTS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APP, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND ARE MADE FOR THE BENEFIT OF AERO PAYMENTS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE APP, WE DO NOT GUARANTEE THE APP IS OR WILL REMAIN COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE APP WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY: AERO PAYMENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SUBJECT TO AND WITHOUT WAIVER OF THE FOREGOING, AERO PAYMENTS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP.
Indemnity: You agree to defend, indemnify and hold harmless Aero Payments and its respective agents, successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your use of, or activities in connection with, the App and any violation or alleged violation of this Agreement by you.
Governing Law: The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, without regard to its principles of conflicts of law, and regardless of your location.
Binding Arbitration of All Claims: ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND AERO PAYMENTS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. YOU AGREE THAT AERO PAYMENTS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The American Arbitration Association, under its Consumer Arbitration Rules, will administer the arbitration. The Consumer Arbitration Rules can be located through www.adr.org.
Termination: These Terms of Service are effective until terminated by Aero Payments. Aero Payments may terminate or suspend your use of the App at any time and without prior notice, for any or no reason at all, including if we believe you have violated or acted inconsistently with the express terms or spirit of these Terms of Service. Upon any such termination or suspension, your right to use the App will immediately cease, and Aero Payments may, without liability to you or any third party, immediately deactivate or delete your account and all associated materials, without any obligation to provide any further access to such materials. The foregoing disclaimers, limitations of liability, and agreement to arbitrate, however, shall survive any expiration or termination of this Agreement.
Severability: If any provision of these Terms of Service is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision(s).