These Terms of Service govern your use of the website located at https://myuser.com and any related services provided by Myuser LLC.
By accessing https://myuser.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Myuser LLC.
We, Myuser LLC, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 8 April 2021.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Myuser LLC provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
- claim any ownership of any amount of money that has been made by using MyUser Plugins Or APIs. All funds will be kept in MyUser or its banking partners. Those funds don't belong to you until MyUser or any of its banking partners pays those amounts to your bank account and your bank account receives them
Authorization for Handling of Funds
By accepting this agreement, you authorize us to hold, receive, and disburse funds on your behalf when such funds from your card transactions settle from the Card Networks. You further authorize Myuser to instruct Settlement Bank of Our Choice in the manner of how your card transaction settlement funds should be disbursed to you (such as by ACH credit transaction or sending you a paper check payable to you) and the timing of such disbursements. You also authorize Settlement Bank of Our Choice and/or Myuser to hold settlement funds in a deposit account at Settlement Bank of Our Choice pending disbursement of the funds to you in accordance with the terms of this contract. You agree that you are not entitled to any interest or other compensation associated with the settlement funds held in the deposit account at Settlement Bank of Our Choice pending settlement to your designated bank settlement account, that you have no right to direct that deposit account, and that you may not assign any interest in the deposit account at Settlement Bank of Our Choice. We may periodically make available to you information in the Myuser management dashboard regarding anticipated settlement amounts that we have received on your behalf from the Card Networks and are being held by us pending settlement. This settlement information does not constitute a deposit or other obligation of Myuser or Settlement Bank of Our Choice to you. This settlement information reflected in the Myuser management dashboard is for reporting and informational purposes only, and you are not entitled to, and have no ownership or other rights in settlement funds, until such funds are credited to your designated bank settlement account. Your authorizations set forth herein will remain in full force and effect until your Myuser account is closed or terminated.
The intellectual property in the materials contained in this website are owned by or licensed to Myuser LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Myuser LLC at any time.
You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.
The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Myuser LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Myuser LLC or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Myuser LLC or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Myuser LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.
Myuser LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Myuser LLC of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
ACH AUTHORIZATION AGREEMENT
By signature below, Subscriber hereby authorizes its financial institution to accept and process credits and debits initiated by Myuser, SPS or its ODFI on the above designated depository
account and to be debited electronically for fees due Myuser, SPS on or about the 10th of each month for services rendered the previous month. Subscriber understands that this
authorization shall remain in effect unless revoked in writing by the mutual consent of the parties, but that Subscriber may not revoke such authorization during any period
electronic transactions are being cleared by Myuser, SPS, nor for a period of 60 days following submission of a final electronic transmission. Subscriber understands that Subscriber
must notify Myuser, SPS of any change in (a) ownership or (b) designated depository account and that absent sufficient, advance written notice amounts credited or debited to
Subscriber subsequent to any such change may be subsequently held by Myuser, SPS until a determination is maderegarding true and correct ownership of the transaction Entries
in question. In connection with Myuser, SPS’ review of this application (and, if approved, thereafter upon each anniversary of this Agreement or as necessary to assist Myuser, SPS to
collect unpaid amounts due to Myuser, SPS by Subscriber), Subscriber, and the guarantors below, collectively by their signatures hereto, authorize Myuser, SPS or its agents to procure
investigative consumer reports and understand that such report may contain information about personal financial stability, background, character, and reputation.
This Agreement includes all of the terms and conditions that follow on two continuous documents (collectively the “Agreement”) and has been executed on
behalf of and by the authorized management of each party as of the date written below in multiple copies each being effective as an original. Subscriber
acknowledges, accepts, and agrees to be bound by all terms & conditions, even if not provided or shown such at the time Subscriber executes this Agreement, and that the
absence of viewing such therefore does not invalidate or create a waiver or breach of this Agreement, and that Subscriber can find the most current form of this Agreement’s
respective terms and conditions online at www.securepaymentsystems.com.
Software to link card & bank for businesses
Definitions – For purposes of this Agreement,
“Entry” means any order or request complying with the requirements of the Operating Rules of the National Automated Clearing House Association (“NACHA”) for (i) the deposit
of money to the deposit account of a Receiver (“Credit Entry”), (ii) for the payment of money from the deposit account of a Receiver (“Debit Entry”), (iii) for a zero dollar entry, and
(iv) for a DNE or ENR entry (as defined in the NACHA Rules) which in any such case is transmitted via the ACH network. “Charge back” means any electronic debit returned for
non-payment by the maker’s financial institution. “Designated Depository Account” means that financial depository account of Subscriber to which Myuser, SPS will credit electronic
check transaction data and from which Myuser, SPS will debit amounts due for fees, Charge backs, and penalties, if any. “ODFI” means the Originating Depository Financial Institution”
through which Myuser, SPS initiates Subscriber transactions. “Third Party Processor” or “TPP” shall either mean Myuser, SPS or a data processing service bureau having a contractual relationship
with an ODFI and originating Entries to such ODFI on behalf of Myuser, SPS at Myuser, SPS’ request.
1. Term, Termination and Amendment: This Agreement is effective upon its acceptance by Myuser, SPS in Las Vegas, NV, and shall remain in effect for an initial period of one (1) year
and thereafter shall automatically renew for successive one (1) year terms (each successive term a “Renewal” term) unless terminated by either party effective as of the end of the
initial term or any renewal term by giving at least thirty (30) days advance written notice prior to the end of such term. Myuser, SPS may amend these terms and conditions, plus any addenda,
including rates and fees, from time to time by providing Subscriber written notice. Such amendments shall be effective 30 days from mailing or electronic mail receipt. Subscriber
may terminate this Agreement as of the effective date of any change in rates or fees upon written notice to Myuser, SPS. Except as specifically provided for herein or amendments required
by NACHA, Myuser, SPS’ ODFI, a regulatory agency, or modification to Federal or State law, this Agreement may otherwise only be modified or amended by written mutual agreement.
2. Fees and Rates: If the charges for Subscriber’s originations are less than the monthly minimum fee, then the minimum shall apply. Myuser, SPS reserves the right, without notice, to offset
fee’s due Myuser, SPS against amounts due to Subscriber. Transactions declined due to unresolved unauthorized returns on file shall be charged at the “normal” return rate despite Myuser, SPS not
originating the transaction to the ODFI.
3. Payment: Myuser, SPS shall debit Subscriber’s monthly invoice total on or about the tenth day of each calendar month at the fees and rates set herein, as they may be amended from time
to time (plus all applicable taxes) for activity of the prior calendar month. An invoice whose full payment is not posted as successfully paid prior to the first calendar day of the
following month will incur a late fee of 1 1/2% (or the legal limit) of the unpaid balance and will be added to the subsequent invoice. Without prejudice to its rights in paragraph 1,
Myuser, SPS reserves the right to suspend its performance to Subscriber during any period in which Subscriber’s account is delinquent. Continuation of service during any period of
delinquency shall not constitute a waiver of Myuser, SPS’ rights of suspension and termination. Any delinquent fees or other amounts not paid when due may be offset against amounts owed
Subscriber by Myuser, SPS under this Agreement or any other unrelated agreement between Subscriber and Myuser, SPS. Myuser, SPS origination and return fees apply to all re-presentment originations and
4. Authorization: Subscriber agrees that it will only request Myuser, SPS to initiate debits for services requested by and provided to Customers of Subscriber which are made in accordance
with NACHA rules and regulations. These rules and regulations stipulate that an initiator of an electronic debit may only originate a transaction if the Customer has given proper
authorization via written, online, or oral means for a stipulated amount and frequency. Such authorization shall either (a) be stored by Subscriber in electronic digital, retrievable
media, (b) be stored by Subscriber in oral retrievable media, or (c) be transmitted by the Customer to Subscriber in a format provided by Myuser, SPS prior to any such electronic debit being
initiated and shall be delivered to Myuser, SPS prior to any such request for electronic debit via (1) fax transmission or (2) electronic mail with image attachment or (3) first class U.S. mail.
Subscriber shall retain such customer authorization for not less than two (2) years following authorization termination and deliver such authorization to Myuser, SPS within three business
days of when so requested.
5. Charge Backs / Reserve Account / Right of Offset - Subscriber agrees that a debit that fails to post (“charge back”) against a Customer account shall be the sole responsibility
and liability of Subscriber. Such liability shall include administrative fees, if any, assessed for handling electronic returns. Subscriber agrees that Myuser, SPS may debit Subscriber’s financial
account for (a) service fees as noted below and (b) charge backs against which Subscriber had already received credit. In the event Subscriber’s financial account is overdrawn, then
Subscriber agrees to a $100 service fee per failed item and the sum of such charge backs and service fees shall, at the discretion of Myuser, SPS, be either debited against any future sums due
Subscriber by Myuser, SPS, or in the alternative be offset against either a Subscriber “reserve” account, if one has been established, or any other financial account of Subscriber established
in any other Agreement by and between Subscriber and Myuser, SPS, even if unrelated to this Agreement. All chargebacks and fees not recovered by Myuser, SPS as provided for herein are
immediately due and payable upon demand. Failure to reimburse Myuser, SPS within five (5) business days thereafter shall be deemed a material breach of this Agreement. Subscriber agrees
that Myuser, SPS shall have no obligation to either credit Subscriber or debit Customer accounts on behalf of Subscriber during any period in which Subscriber is in default, including but not
limited to Subscriber being past due for fees due Myuser, SPS for services as provided herein.
6. Performance and Conditions of Service
6.1 Myuser, SPS agrees to provide the Service to Subscriber in accordance with (a) the terms and conditions of this Agreement, and (b) the Operating Rules of the National Automated
Clearing House Association (“NACHA”) as currently in effect, including without limitation, all schedules, exhibits and appendices as may be attached thereto, as the same may
hereafter be amended, modified, added to or substituted, or any successor rules or regulations adopted by NACHA governing the transmission of Entries through the ACH Network
(the “NACHA Operating Rules”) and (c) any applicable federal and state laws and regulations (including but not limited to the Fair Credit Reporting Act and Regulation E when
and where they apply, and (d) any laws, regulations or rules promulgated after the Effective Date and applicable to the Service. Subscriber agrees to receive the Service as
provided by Myuser, SPS and shall perform its obligations hereunder in accordance with the terms and conditions of the Agreement and any amendments thereto. Subscriber acknowledges
that the ODFI and TPP, if any, is each a third-party beneficiary of this Agreement, and the ODFI and TPP have all the rights of Myuser, SPS under this Agreement as if they were each a party
hereto. Subscriber agrees that Myuser, SPS shall be the exclusive provider of ACH payment processing services to Subscriber during the term of this Agreement and any extensions thereto.
6.2 The sole liability of Myuser, SPS to Subscriber for failing to provide accurate output shall be, without additional charge, to make such corrections as may be necessary to re-process the
input. In the event of system downtime, Subscriber agrees to waive all monetary and / or liquidated damages by consenting to reprocess the data at a later date. Notwithstanding any
other provision of this Agreement or any ACH processing agreement entered into by Subscriber with any third party, Myuser, SPS reserves the unrestricted right to (without notice) refuse to
(a) process any Entry (as defined above) submitted to Myuser, SPS if in the sole discretion of Myuser, SPS, it appears that the processing of such Entry presents an undue risk of loss or liability to
Myuser, SPS or (b) process any transaction that violates the Rules or is not within the scope of this Agreement. Subscriber agrees that Myuser, SPS may without advance notice, cease processing
and/or hold/or offset funds due Subscriber in the event (a) fees electronically debited by Myuser, SPS and due Myuser, SPS for performing the Service on behalf of Subscriber fail to clear Subscriber’s
designated depository account or (b) Myuser, SPS or ODFI,or TPP of their own sole discretion, either together or individually, detect transaction activity that may represent an undue risk of
loss or liability to Myuser, SPS or ODFI, or TPP, or where ODFI for any reason elects to cease providing ACH origination services to Subscriber or Myuser, SPS, or TPP if any.
6.3 Subscriber will promptly review any reports, Entries or other communications submitted to it by Myuser, SPS and will immediately notify Myuser, SPS of any discrepancy between its records
and those provided by Myuser, SPS, the originating depository processor, or any bank that is a party to a specific Entry. If Myuser, SPS is not notified of a discrepancy within two (2) business days
of the date that Subscriber receives a statement of account or other report of activity, Subscriber will be solely liable for any and all losses or other costs associated with any erroneous
or unauthorized transfer and Subscriber will hold Myuser, SPS, its agents, and its affiliates harmless. Subscriber acknowledges that processing limits shown in section D may not be reflective
of limits actually imposed by Myuser, SPS.
7. Processing Authority –.Myuser, SPS shall be responsible for electronically transmitting Subscriber’s customer transaction data, drawn on U.S. domiciled financial institutions, within 24
business hours to the ODFI. Such electronic transmission shall consist of debits (sale transactions) and where permitted, credits (void / credit transactions) properly requested and
authorized by Subscriber. Unless otherwise specified herein or by electronic communication between the parties Myuser, SPS shall use best efforts to electronically credit Subscriber’s
designated depository account within four (4) business days of batch transmission requests made Monday through Friday (excluding bank holidays). Such electronic credit shall
consist of the net amount due Subscriber for the given batch due to be settled. Subscriber agrees to keep a sufficient balance in its designated depository account in order that debits
contemplated herein are not returned unpaid.
DocuSign Envelope ID: FA09DEAA-E925-471E-A2F2-C413A709E0B1
8. Compliance – Subscriber shall be responsible for replying to and remedying reports of Rules violations that are issued with respect to Subscriber. In the event that any fine,
penalty, or other charge is imposed due to Subscriber’s violation of the Rules, Subscriber shall be responsible for the payment thereof and Myuser, SPS may debit such amount(s) from
Subscriber’s designated account without further notice. Subscriber acknowledges that it bears the final responsibility for ensuring that its policies and procedures comply with the
requirements of the NACHA Operating Rules and any applicable federal, state, or local laws, rules and regulations. Subscriber agrees and will ensure (a) that all transactions originated
under this Agreement are lawful transactions of the United States and (b) that neither the sender nor receiver is prohibited or by the Office of Foreign Assets Control (OFAC) from
benefiting and participating in such transactions.
9. Warranties – Subscriber represents and warrants that, with respect to all Entries originated on its behalf as part of the Service, (a) each Receiver has authorized the debiting
and/or crediting of its account and (b) each Entry is for an amount agreed upon by the Receiver, and (c) each Entry is in all other respects properly authorized. Each party, and each
person signing on behalf of a party, represents and warrants that they have the full legal capacity and authority to enter into and perform the obligations of this Agreement without
any further approval.
10. Indemnity / Limitation of Liability – Subscriber agrees to defend, indemnify and hold Myuser, SPS, its agents and affiliates, harmless from any claim asserted by any third party against
either Myuser, SPS or ODFI or TPP for damages (including but not limited to fines, judgements, penalties, assessments, settlements, and attorney legal fees), including without limitation
lost profits, direct, incidental, consequential, special, indirect or punitive damages arising out of or relating to (a) any breach of Section 9 above; (b) any incorrect information
provided to Myuser, SPS by Subscriber hereunder; or (c) Subscriber’s use of the Service including but not limited to improper licensure, originating transactions under violation of state or
Federal law, employee fraud and collusion. Subscriber agrees that Myuser, SPS shall have no duty of indemnity or contribution for a third party claim arising from the use of the Service or
the performance or non-performance of Myuser, SPS of any Service hereunder. Except as expressly set forth herein, Myuser, SPS makes no warranty, express or implied, and it is agreed that no
implied at law warranty shall arise from this Agreement or from performance hereunder. In no event shall Myuser, SPS’s liability under this Agreement exceed the total amount of fees paid
to Myuser, SPS by Subscriber pursuant to this Agreement during the preceding quarter. Subscriber shall treat all information in connection with this Agreement as confidential and certifies
to utilize information only for originating business transactions as defined herein.
11. Myuser, SPS as Agent of Subscriber - Subscriber (“Payee”) acknowledges and agrees that Myuser, SPS and Subsidiaries (collectively “Myuser, SPS”), in the course of providing ACH origination services
to Subscriber, is at all times acting on behalf of, at the direction of, and as agent of Subscriber. Subscriber acknowledges that settlement of amounts by Myuser, SPS to Subscriber on behalf
of Subscriber’s Customer (“Payor”) satisfies Customer’s (“Payor’s”) payment obligations to Subscriber for the goods or services provided by Subscriber to Customer as if Customer
had paid Subscriber directly. Subscriber acknowledges that at no time shall Subscriber’s Customer bear any risk of loss after initiating a transaction if Myuser, SPS fails to remit the funds
due to Subscriber for such transaction, provided however that Customer’s transaction was not dishonored by Customer’s financial institution or, if it was dishonored, that the reason
for such dishonor was not due to the failure of Subscriber to properly provide the goods or services. Otherwise, receipt of funds by Myuser, SPS is deemed receipt of funds by Subscriber.
12. Other - This Agreement constitutes the entire understanding of the parties. All prior agreements and understandings are terminated in their entirety. All representations, warranties,
indemnities, and covenants made herein shall survive termination of this Agreement and remain enforceable after termination. Neither party shall be liable for loss or damage due to
causes beyond its control, including earthquake, war, fire, flood, power failure, phone outage, or acts of God. If Subscriber becomes the subject of any insolvency, bankruptcy,
receivership, dissolution, or reorganization, Subscriber consents to the immediate and absolute lifting of any stay as to the enforcement of remedies under this Agreement. If there is
a conflict between a part of this Agreement and any present or future law or regulation, the part of this Agreement that is affected shall be curtailed only to the extent necessary to
bring it within compliance. In order to maintain high levels of service, conversations with Subscriber may be monitored without further notice or disclosure. Subscriber may only
assign this Agreement upon the prior written consent of Myuser, SPS. Myuser, SPS may freely assign this Agreement, its rights, benefits or duties hereunder. This Agreement shall inure to the benefit
of and be binding upon the successors and assigns of Myuser, SPS and the heirs, executors, administrators, successors, and assigns of Subscriber. Notices shall be delivered to the appropriate
party at its address set forth in this Agreement and deemed received 72 hours after deposit in the first class United States mail, postage prepaid, or if given by other means, upon
actual receipt. Subscriber agrees that any claim, dispute, or cause of action brought by Subscriber against Myuser, SPS will be resolved via binding arbitration using a qualified representative
of the American Arbitration Associationin Las Vegas, Nevada. Myuser, SPS reserves the right to file a cause of action against Subscriber in any venue or jurisdiction it deems appropriate and
shall be entitled to recover attorneys’ fees if it prevails. This Agreement and the right and obligations of the parties hereto shall be governed by and construed and enforced in
accordance with the laws of the United States and the state of Nevada.
PERSONAL GUARANTY – The undersigned jointly and severally, hereby unconditionally guaranty, without deduction or diminution by reason of Counterclaim, offset, or defense,
and in accordance with all terms and conditions, the prompt and complete payment and performance of the Agreement including any and all modifications, addendums, and
amendments thereof. The undersigned warrant and guaranty that the Agreement has been properly executed, and agree that this guaranty shall be of full force and effect irrespective of any
invalidity or unenforceability of the Agreement or any provisions thereof. The undersigned hereby waive notice of acceptance hereof, all notices of any kind to which we may be entitled,
and all defenses of a guarantor or surety. The obligation and liability of each of the undersigned is direct, continuing, and unconditional, and Myuser, SPS shall not be required to proceed against
Subscriber or resort to any other right, remedy or security before proceeding against the undersigned under this guaranty. Service may be affected over the Guarantor by service on Subscriber
and mailing of the summons and complaint by Myuser, SPS to Subscriber. Subscriber and any guarantor hereby waive any and all rights to a trial by jury and agree to the venue and jurisdiction of
any court Myuser, SPS may choose. The undersigned warrant that they have read the Agreement that is hereby ratified and confirmed, and agree that only the full payment and performance of the
Agreement can discharge the undersigned’s liability hereunder
SPS release of liability: SPS is not liable for settlements. Settlements will be done according to Myuser's terms
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any reason.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.