Please read the following Terms of Service (“Terms”) carefully. Your use of AeroPay and its related services constitutes your express and unequivocal consent and agreement to the same. Each time you access and/or use the AeroPay Platform, you agree to be bound by these Terms and any additional terms that will apply to you.
Who We Are: Aero Payments, Inc. (“AeroPay”) is a cashless payment platform that facilitates the transfer of funds from you to a business (a “Transaction”) via Automated Clearing House (“ACH”) transfer (the “Services”); however, AeroPay does not actually receive, hold, transfer, disperse, or otherwise process funds on your behalf. By agreeing to these Terms, you acknowledge and agree that: (a) Transactions will go through ACH, (b) all Transactions are governed by ACH rules, and (c) your ACH transactions will comply with U.S. law. You can learn more about the ACH at www.nacha.org.
Legally Binding Agreement: These Terms represent the legally binding agreement between you and AeroPay (or “we” or “us”) concerning your use of (including any access to) the AeroPay platform (together with any materials and services available therein, and any updates thereto, the “Platform”). These Terms hereby incorporate by reference any additional terms and conditions made available to you by AeroPay.
Your Obligations: By using this Platform, you affirm that you have the legal and mental capacity to enter into these Terms, including that you are at least eighteen (18) years old and are entitled to be legally bound in contract. You also understand that by agreeing to these Terms you are agreeing to a mandatory 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.
Changes: Please note that these Terms may be revised and reissued, prospectively by posting updated terms on this Platform. You consent and agree to receive notices of updates of these Terms through postings of the updated Terms on our website at https://www.aeropay.com/terms. You should visit this page regularly to review the current terms. Your continued use of the Platform will be deemed as irrevocable acceptance of any revisions. We may, at any time and without liability, modify or discontinue all or part of the Platform; charge, modify or waive any fees required to use the Platform; or offer opportunities to some or all Platform users. Your standard messaging rates will apply to you (and any increases) when you use the Platform on your cellular device.
AeroPay Services: Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as follows:
(a) Personal Use Only. You may only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party.
(b) Authorization. By agreeing to these Terms, you authorize AeroPay to: electronically debit your designated financial institution (“Bank Account”) via ACH to charge each Transaction to your bank account and direct your financial institution to respond to inquiries regarding your Bank Account. In addition to your Account information, we may request additional information to process your Transaction including information about your Bank Account, address, or other information necessary to initiate the Transaction. You represent and warrant that you have the legal right to use the payment method(s) represented by any such Transaction Information. You agree to be responsible for paying any applicable sales and use taxes, and any applicable shipping and handling fees that may apply to your purchase.
(d) Returns and Maintaining Sufficient Funds. When using the Services, you understand and agree that it may take more than 60 days for AeroPay to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under these Terms. You agree at all times to maintain sufficient funds to satisfy all obligations in connection with your Account or your use of the Services, including returns, reversals, and associated fees, and to add funds immediately if AeroPay notifies you that your funds are insufficient.
(d) Declined Payments & Collections. During your use of AeroPay, you may encounter a declined payment. A declined payment may be the result of insufficient funds in your account, a closed account, inability to locate account, a dispute, or a reversal by you and/or your bank. If your payment is declined, you will be notified via email and, provided AeroPay has not identified that you have engaged in prohibited conduct and/or that the receiving bank does not revoke authorization by notifying your bank (as allowed by the NACHA Rules), AeroPay will (i) disable your account and (ii) attempt to process the transaction again (a “Retry”). A successful Retry will resolve the Declined Payment. An unsuccessful Retry will result in your AeroPay account becoming disabled until the payment is resolved. In that instance, AeroPay may take the following actions: (i) reverse a Transaction, (ii) refuse to perform further Services, (iii) initiate another debit in substitution for the dishonored debit until the debit is honored and to initiate separate debits to cover any fees or Declined Payments, (iv) charge you a one-time insufficient funds penalty fee for each occurrence, (v) report this information to any and all credit agencies and/or financial institutions, (vii) immediately terminate this Agreement and /or engage a collection agency to pursue owed funds.
(e) Bank Verification. Prior to processing any Transaction, we may verify Bank Account information. The verification process may include sending you texts, voice calls, or automated/pre-recorded voice calls. If you provided your mobile phone number to us, you agree we may send such communications to that number. You agree that as part of the verification process we may: (i) verify Bank Account information by debiting between $0.01 and $1.00 from Bank Account, then crediting an amount equal to or more than the same amount back to Bank Account, and requesting you to verify the amount debited and credited, and/or (ii) verify Bank Account using your login credentials to your financial institution and we may also ask you questions pertaining to your bank balance and/ or recent debit transactions. We will only use this verification process to screen for fraud and will not otherwise debit Bank Account, except for your use of Services. You hereby grant us a limited power of attorney to initiate the actions in this Section as part of the bank verification process and you agree that standard messaging rates will apply to you (and any increases) when you use the Platform on your cellular device.
(g) We may: (i) establish security limits on Transactions, such as a maximum number or dollar amount, (ii) change security limits from time to time without disclosing such changes, and (iii) refuse to process your Transactions if we reasonably believe Bank Account balance is insufficient to cover the amounts due or for any other reason we deem reasonable. We may in our sole discretion process any Transactions that have not been settled after these Terms are terminated.
(h) This ACH authorization will remain in full force and effect until we receive your written notification of termination in such time and manner as to afford AeroPay a reasonable opportunity to act on your termination notice.
Transaction History: AeroPay will maintain a record of your Transaction(s) made using the Services for the previous two (2) years or such time as required by applicable law. You may access and view your Transactions History in the AeroPay Platform.
Jurisdictional Issues: The Platform is controlled and operated from the United States and is not intended to subject, nor does it subject, AeroPay to any jurisdiction or law outside the United States. The Platform, and/or certain products or services available through the Platform, may not be appropriate or available for use in some jurisdictions outside the United States. Any use of the Platform 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 Platform’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 Platform 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 Platform 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 Platform is an offer to sell, or a solicitation of any offer to buy, any financial products. Likewise, no content of the Platform should be used as the basis of any investment or other financial decision.
Rules of Use: You must act responsibly when using the Platform. You may only use the Platform and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the Platform. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Platform is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials transmitted on or through this Platform are the sole responsibility of the sender, not AeroPay, and that you are responsible for all material you upload or otherwise transmit to or through this Platform.
Your use of the Platform is also contingent on your agreement not to engage in the following prohibited conduct:
DISCLAIMER OF WARRANTIES: THE PLATFORM 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. AEROPAY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PLATFORM, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND ARE MADE FOR THE BENEFIT OF AEROPAY 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 PLATFORM, WE DO NOT GUARANTEE THE PLATFORM IS OR WILL REMAIN COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED.
LIMITATION OF LIABILITY: AEROPAY 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, AEROPAY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.
Investigations: AeroPay reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting, or e-mails you make or send. AeroPay may seek to gather information from the user who is suspected of violating these Terms, and from any other user. AeroPay may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If AeroPay believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. AeroPay will fully cooperate with any law enforcement authorities or court order requesting or directing AeroPay to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE AEROPAY GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE AEROPAY GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE AEROPAY GROUP OR LAW ENFORCEMENT AUTHORITIES.
Compliance Screening and Inquiries: We may also ask questions and verify information ourselves or through trusted entities we work with for verification and compliance purposes. You agree that we may use the information you provide and other information to verify who you are. This may include looking up available public information and asking other entities, like banks, for information about you. You acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness including, without limitation, requiring you to take steps to confirm ownership of your email address, phone number or financial information, or verifying information against third party databases or through other sources.
Indemnity: You agree to defend, indemnify and hold harmless AeroPay 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 Platform 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 AEROPAY, 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 YOU AND AEROPAY 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 IN STATE OR FEDERAL COURT. The American Arbitration Association, under its Consumer Arbitration Rules, will administer the arbitration. The Consumer Arbitration Rules can be located through www.adr.org.
Any arbitration hearings will take place in the where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(f) Class Action Waiver. YOU AND AEROPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
Termination: These Terms of Service are effective until terminated by AeroPay. AeroPay may terminate or suspend your use of the Platform 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 Platform will immediately cease, and AeroPay 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).
How To Contact Us - This Platform is controlled and operated by Aero Payments, Inc located at 4619 N Ravenswood Ave Chicago IL 60640. Please forward any comments or complaints about the Platform to firstname.lastname@example.org. Please forward any questions regarding privacy to email@example.com