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This user agreement will be effective for all users as of October 1, 2019.

We’re Skipify! It’s nice to meet you.

Skipify’s Goals:

  • Be the safest, easiest, most fun way to buy products online.
  • Help merchants offer frictionless ways for customers to purchase products.
  • Help shoppers and merchants build better relationships together.
  • Have fun!

This user agreement is a contract between you and Skipify governing your use of your Skipify account and the Skipify services. It applies to U.S. Skipify accounts only. If you are an individual, you must be a resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state of residence to open a U.S. Skipify account and use the Skipify services. If you are a business, the business must be organized in, operating in, or a resident of, the United States or one of its territories to open a U.S. Skipify account and use the Skipify services.

By opening and using a Skipify account, you agree to comply with all of the terms and conditions in this user agreement. The terms include an agreement to resolve disputes by arbitration on an individual basis. You also agree to comply with the following additional policies and each of the other agreements on the Legal Agreements page that apply to you:

  • Privacy Statement
  • Acceptable Use Policy
  • Electronic Communications Delivery Policy (E-Sign Disclosure and Consent)

Please read carefully all of the terms and conditions of this user agreement, terms of these policies and each of the other agreements that apply to you.

We may revise this agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities we will post a notice on our website and provide you at least 21 days advance notice for personal accounts and at least 5 days advance notice for business accounts. By continuing to use our services after any changes to this user agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

Opening a Skipify Account

We offer two types of Skipify accounts: personal Skipify accounts and business Skipify accounts, both covered by this user agreement.

Skipify lets you do things like:

  • Buy things online using 1-Click and Express checkout
  • Buy things from channels like email and text using 1-Click and Express Checkout
  • Offer 1-Click purchase functionality on your website
  • Help shoppers use your credit products and cards

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers, or any other codes that you use to access your Skipify account and the Skipify services. You must keep your mailing address, email address and other contact information current in your Skipify account profile.

Personal Skipify accounts

If you primarily need to make purchases, a personal Skipify account is probably right for you. With a personal Skipify account you can do things like:

  • Buy goods and services with 1-Click

Business Skipify accounts

We recommend business Skipify accounts for people and organizations that primarily use Skipify to sell goods or services or accept donations, even if your business is not incorporated. With a business Skipify account, you can do things like:

  • Offer a 1-Click purchase button and Express Checkout on your website and marketing communications.

Business Skipify accounts may be subject to fees that differ from the fees applicable to personal accounts.

By opening up a business Skipify account or converting a personal Skipify account to a business Skipify account, you certify to us that you are using it primarily for a business or commercial purpose. You also consent to Skipify obtaining your personal and/or business credit report from a credit reporting agency at account opening and whenever we reasonably believe there may be an increased level of risk associated with your business Skipify account.

Commercial Entity Status

If the activity through your business Skipify account reaches certain thresholds or involves certain business segments or activities, you are required by the card networks to agree to a Commercial Entity Agreement to allow you to continue accepting Visa and MasterCard payments. In this case, these Commercial Entity Agreements will apply to any payment processed by Skipify on your behalf and will form part of this user agreement.

Closing Your Skipify Account

You may close your Skipify account and terminate your relationship with us at any time without cost, but you will remain liable for all obligations related to your Skipify account even after the Skipify account is closed. When you close your Skipify account, we will cancel any scheduled or incomplete transactions.

In certain cases, you may not close your Skipify account, including:

  • To evade an investigation.
  • If you have a pending transaction or an open dispute or claim.
  • If your Skipify account has a negative balance.
  • If your Skipify account is subject to a hold, limitation or reserve.

Link or Unlink a Payment Method

You can link or unlink a credit card, debit card, and other payment methods to your Skipify account as a payment method. Please keep your payment method information current (e.g. credit card number and expiration date). If this information changes, we may update it using information and third party sources available to us without any action on your part. If you do not want us to update your card information, you may remove your payment method from your Skipify account. If we update your payment method, we will keep any preference setting attached to such payment method. You may choose to confirm your card, so that we can verify that the card is valid and that you are the card owner. To do this, we will charge $1.95 to the card. After the card is confirmed, we will immediately refund this amount to the card.

Business Skipify accounts

Skipify business accounts are created and operated by providing information about your business to Skipify, including the required identifying information.

The required identifying information is:

  • For sole proprietorships: name, physical address, date of birth and taxpayer identification number; or
  • For other types of business legal entities: business name, business address, taxpayer identification number, and proof of business existence.

If we have verified the required identifying information, Skipify can activate your business account and you may be eligible to deploy Skipify products on your website. You must also agree to Skipify’s payment terms and link a payment method to your Skipify account. Skipify will charge your payment method every 30 days for use of the Skipify service. Skipify charges a minimum of 1% for every transaction facilitated through Skipify. Additional fees may be charged for other services including:

  • Cross-selling other products through Skipify’s confirmation pages and products (3% of transaction)
  • Marketing programs to promote credit products ($50 per new card signup or 5% of revenue generated from card)
  • Other fees

Buying Something From, or Returning Something to, a Seller Who Accepts Skipify

How to buy something

You can buy something from a seller who accepts Skipify.

Click the Skipify button to complete your purchase. The retailer will process your purchase as if you had entered your card information directly into their website. The Seller will handle all confirmation emails, customer service requests, returns and other interactions with you directly. Skipify will not have the ability to review or participate in these interactions. When purchasing through Skipify, please interact directly with the Seller regarding all disputes, errors or other issues. Skipify does not provide any warranty or guarantee regarding Sellers, websites, products or services purchased using Skipify. Skipify does not refund any money to shoppers using Skipify and will not provide compensation in the event of a wrongful, fraudulent or otherwise regretful purchase. We apologize for this inconvenience if it occurs. You agree to participate in Arbitration and also agree to not participate in Class Action suits or similar legal action against or towards Skipify under any circumstances.

It is possible that Skipify incorrectly completes your purchase, delays your purchase or cancels your purchase. In these scenarios, Skipify will work with the Seller to remedy your issue. Under no circumstances will Skipify provide financial reimbursement or compensation for these scenarios or issues. Refunds and similar issues must be resolved directly between Seller and Buyer.

Fees

When you buy something from a seller who accepts Skipify you don’t pay a fee to Skipify.

Payment review

When Skipify identifies a potentially high-risk transaction, we review the transaction more closely before allowing it to proceed. When this happens, Skipify will place a hold on the transaction and notify the seller to delay shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action.

Refunds

When you buy something from a seller online using Skipify and the transaction is ultimately refunded, the money will typically be refunded to the original payment method you used for the transaction.

Payment Method Used for My Transaction

Selecting a preferred payment method

You can choose any of the payment methods in your Skipify account as your preferred payment method. You can select a preferred payment method in your account preferences on www.www.skipify.com or in the Skipify app. There may be times when your preferred payment method cannot be used, for example, if you select a credit card that is expired. If you have chosen a preferred payment method, it will be shown as the primary method of payment and used for future transactions in Skipify. You can choose to set preferred payment methods with specific Sellers using your Skipify preferences.

Loyalty Cards and Store Credit Cards

If you use the Skipify application on your mobile phone, you may store loyalty card numbers or bar codes, where applicable, for certain sellers in your Skipify account. When you store your loyalty card numbers or bar codes in your Skipify account, you will earn any rewards, subject to the seller’s loyalty card terms and conditions, at the time you make your payment to the merchant by presenting the stored loyalty card number or bar code to the seller at the point of sale. It is your responsibility to make sure you have entered your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled. Skipify is not responsible for managing your loyalty card account by offering this service and any questions about your loyalty card or associated rewards program should be directed to the seller who offers the card.

Skipify’s Purchase Protection Program

Skpify does not offer a Purchase Protection Program of any kind at this time. If you have any issues with items purchased from a Seller, please contact the Seller directly.

Dispute with us or your card issuer

If you used a debit or credit card as the payment method for a transaction through your Skipify account and you are dissatisfied with the transaction, you may be entitled to dispute the transaction with your card issuer. Applicable card chargeback rights may be broader than those available to you under Skipify’s Purchase Protection program. For example, if you dispute a transaction with your card issuer, you may be able to recover amounts you paid for unsatisfactory items.

Before contacting your card issuer, you should contact the seller to attempt to resolve your issue in accordance with the seller’s return policy.

Accepting Payments From Buyers for Goods and Services

Receiving personal payments

If you use your Skipify account to receive payments for the sale of goods or services or accept donations, you must:

  • Pay any applicable fees for receiving the funds.
  • Not ask your buyer to send you money using other methods.

By integrating into your online checkout/platform any functionality intended to enable a payer without a Skipify account to pay using Skipify, you agree to all further terms of use of that functionality which Skipify will make available to you on any page on the Skipify website (including any page for developers and all other locations). Skipify will complete the purchase on behalf of the Buyer using your website and the Buyer’s payment method. This transaction will flow through your existing website infrastructure and will be subject to any charges or fees involved in that process including fees not charged by Skipify. In addition, Skipify will charge their fees for facilitating the purchase. In the future, Skipify may complete the transaction using API or similar methods. Skipify may operate as a Payment Facilitator and will use ACH or similar methods to provide you with proceeds from the sale (less Skipify’s fees).

No surcharges

You agree that you will not impose a surcharge or any other fee for accepting Skipify as a payment method. You may charge a handling fee in connection with the sale of goods or services as long as the handling fee does not operate as a surcharge and is not higher than the handling fee you charge for non-Skipify transactions.

Presentation of Skipify

You must treat Skipify as payment methods or marks at least on par with any other payment methods offered at your points of sale, including your websites or mobile applications. This includes at least equal or substantially similar: logo placement, position within any point of sale, and treatment in terms of product pages, payment flow, terms, conditions, restrictions, or fees, in each case as compared to other marks and payment methods at your points of sale.

In representations to your customers or in public communications, you must not mischaracterize Skipify as a payment method or exhibit a preference for other payment methods over Skipify. Within all of your points of sale, you agree not to try to dissuade or inhibit your customers from using Skipify or encourage the customer to use an alternate payment method. If you enable your customers to pay you with Skipify, whenever you display or exhibit the payment methods that you accept (either within any point of sale or in your marketing materials, advertising and other customer communications) you agree to display the SKipify payment marks at least as prominently, and in at least as positive a manner, as you do for all other payment methods.

Taxes and information reporting

Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes to the appropriate authority. Skipify is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting or remitting taxes arising from any transaction.

You acknowledge that we may make certain reports to tax authorities regarding transactions that we process. For example, Skipify is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all of your Skipify accounts associated with the same tax identification number if you receive more than $20,000 in payments for good and services and process more than 200 transactions involving goods or services through those Skipify accounts in the same calendar year.

Your refund policy and privacy policy

You must publish a refunds and return policy, as well as a privacy policy, where required by law.

Payment review

Skipify reviews certain potentially high-risk transactions. If Skipify determines, in its sole discretion, that a transaction is high-risk, we place a hold on the payment and provide notice to you to delay shipping of the item. Skipify will conduct a review and either complete or cancel the payment. If the payment is completed, Skipify will provide notice to you to ship the item. Otherwise, Skipify will cancel the payment and the funds will be returned to the buyer, unless we are legally required to take other action. All payments that complete this payment review will be eligible for Skipify Seller Protection coverage if they meet the Skipify Seller Protection requirements. We will notify you about payment reviews by email and/or through your Skipify account.

In-store payments

If you accept Skipify payments at your physical store, you must communicate the total amount of the transaction to the customer before it takes place. You may charge your customer’s account only for transactions that they have authorized. You must also provide customers with a physical receipt if they request one. You agree that any transaction that you make shall have an accurate and true description of the goods and services being purchased.

Marketplace sellers

If you’re a seller on a marketplace or through a third party application where Skipify is offered, you must comply with any rules that apply to the marketplace’s or the third party application’s buyer protection program for sales you make through that forum. Any such protections may require you to take certain actions and may impact how claims are processed.

Card not present transactions

Whenever a buyer uses a debit or credit card as the payment method for a transaction using their account to buy something from you as a seller, the transaction will be processed as a “card not present” transaction, even if the buyer is at your store location.

Standard transaction fees

The fees you pay when selling goods or services and the buyer pays using their Skipify account (or using another authorized wallet) can be found on our website, with the fees applicable to charitable organizations on our website as well. Please note that:

  • We may adjust the fees applicable to future transactions that you process using Skipify. We will provide you at least 21 days’ advance notice for personal Skipify accounts and at least 5 days’ advance notice for business Skipify accounts of any fee increase or the introduction of a new type of fee.
  • If you refund a transaction to a buyer or a donation to a donor, there are no fees to make the refund, but the fees you originally paid as the seller are not returned.

Refunds, Reversals, Chargebacks and other payment issues

General information

Skipify does not interact with Sellers and Buyers regarding refunds, reversals, chargebacks or other issues. Those issues must be resolved by Seller and Buyer without assistance or interaction from Skipify. Skipify does not warrant or guarantee that Buyer’s or Seller’s information, identity, products or intent are valid or just. Seller and Buyer must utilize their own best judgment in order to decide if transacting is in their own best interest. Business account users also agree to hold Skipify harmless for issues including loss of sales, security breaches, loss of product functionality, damage or impact to websites, applications or other services that might negatively impact the Business.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any of these activities, we may take a number of actions to protect Skipify, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

  • Terminate this user agreement, limit your Skipify, and/or close or suspend your Skipify account, immediately and without penalty to us;
  • Refuse to provide the Skipify services to you in the future;
  • Limit your access to our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, your Skipify account or any of the Skipify services, including limiting your ability to pay or send money with any of the payment methods linked to your Skipify account;
  • Contact buyers who have purchased goods or services from you using Skipify, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
  • Update inaccurate information you provided us;
  • Take legal action against you;
  • If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to Skipify caused by your violation of this policy; or
  • If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to Skipify for the amount of Skipify’s damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of Skipify’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to Skipify that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. Skipify may deduct such damages directly from any existing balance in any Skipify account you control.

If we close your Skipify account or terminate your use of the Skipify services for any reason, we’ll provide you with notice of our.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Skipify, any Skipify customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the Skipify services.

Holds, Limitations, and Reserves

What are holds, limitations and reserves

Under certain circumstances, in order to protect Skipify and the security and integrity of the network of buyers and sellers that use the Skipify services, Skipify may take account-level or transaction-level actions. Unless otherwise noted, if we take any of the actions described here, we’ll provide you with notice of our actions, but we retain the sole discretion to take these actions. To request information in connection with an account limitation, hold or reserve, you should contact Skipify or follow the instructions in our email notice with respect to the limitation, hold or reserve.

Our decision about holds, limitations and reserves may be based on confidential criteria that are essential to our management of risk and the protection of Skipify, our customers and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your Skipify account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Account Limitations

Limitations are implemented to help protect Skipify, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your Skipify account open.

There are several reasons why your Skipify account could be limited, including:

  • If we suspect someone could be using your Skipify account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity.
  • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your Skipify account and your bank account.
  • In order to comply with applicable law.
  • If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy.
  • Seller performance indicating your Skipify account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect Skipify, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

Court Orders, Regulatory Requirements or Other Legal Process

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so in order to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your Skipify account, placing a reserve or limitation on your Skipify account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. Unless the court order, applicable law, regulatory requirement or other legal process requires otherwise, we will notify you of these actions. We do not have an obligation to contest or appeal any court order or legal process involving you or your Skipify account. When we implement a hold, reserve or limitation as a result of a court order, applicable law, regulatory requirement or other legal process, the hold, reserve or limitation may remain in place longer than 180 days.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your Skipify account, you should regularly log into your Skipify account and review your Skipify account statement. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your Skipify account that you did not authorize and that did not benefit you. For example, if someone steals your password, uses the password to access your Skipify account, and sends a payment from your Skipify account, an Unauthorized Transaction has occurred. You must protect yourself from these Unauthorized Transactions by securing your password, devices and other systems.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

  • If you give someone access to your Skipify account (by giving them your login information) and they use your Skipify account without your knowledge or permission. You are responsible for transactions made in this situation.

Reporting an Unauthorized Transaction

If you believe your Skipify login information has been lost or stolen, please contact Skipify immediately through our website.

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means. You could be personally liable for these transactions. You may have negative impact to your credit score and other damaging impacts.

Communications Between You and Us

If you provide us your mobile phone number, you agree that Skipify and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages to: (i) service your Skipify branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use autodialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. Sellers and business account users may use your email, mobile number and other methods to contact you if they have your permission. Skipify’s services may be shown in those communications. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their own purposes without your consent. You do not have to agree to receive autodialed or prerecorded message calls or texts to your mobile phone number in order to use and enjoy the products and services offered by Skipify. You can decline to receive autodialed or prerecorded message calls or texts to your mobile phone number in several ways, including by emailing us directly. Skipify may communicate with you about your Skipify account and the Skipify services electronically as described in our Electronic Communications Delivery Policy. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 Business Days after we send it.

Written notices to Skipify must be sent by postal mail to: Skipify, Inc., Attention: Legal Department, Thoits Law 400 Main St #250, Los Altos, CA 94022.

You understand and agree that, to the extent permitted by law, Skipify may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with Skipify or its agents for quality control and training purposes or for our own protection. You acknowledge and understand that while your communications with Skipify may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by Skipify, and Skipify does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

Skipify’s Rights

Skipify suspension and termination rights

Skipify, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or some or all of the Skipify services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted funds held in your Skipify account.

Security interest

As security for the performance of your obligations under this user agreement, you grant to Skipify a lien on, and security interest in and to, funds held in your Skipify account if applicable.

Amounts owed to Skipify

Shall be paid to Skipify within 30 days. If your account is 30 days past-due your Skipify service may be shut down and you will incur an additional $500 fee to reactivate. Other fees may be charged.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this user agreement.

No waiver

Our failure to act with respect to a breach of any of your obligations under this user agreement by you or others does not waive our right to act with respect to subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “Skipify” to refer to Skipify, and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers and suppliers. Our affiliates include each entity that we control, we are controlled by or we are under common control with.

Indemnification

You must indemnify Skipify for actions related to your Skipify account and your use of the Skipify services. You agree to defend, indemnify and hold Skipify harmless from any claim or demand (including reasonable legal fees) made or incurred by any third party due to or arising out of your breach of this user agreement, your improper use of the Skipify services, your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom you grant permissions to use your Skipify account or access our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, or any of the Skipify services on your behalf.

Limitation of liability

Skipify’s liability is limited with respect to your Skipify account and your use of the Skipify services. In no event shall Skipify be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, any of the Skipify services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to $5,000. In addition, to the extent permitted by applicable law, Skipify is not liable, and you agree not to hold Skipify responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf, or any of the Skipify services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf and any of the Skipify services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or any of the Skipify services or any website or service linked to our websites, software or any of the Skipify services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf or any of the Skipify services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your Skipify account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or Skipify’s policies; or (8) data breaches, hacks or other issues regarding security or data privacy.

Disclaimer of Warranty and Release

No warranty

The Skipify services are provided “as-is” and without any representation or warranty, whether express, implied or statutory. Skipify specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Skipify does not have any control over the products or services provided by sellers who accept Skipify as a payment method, and Skipify cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. Skipify does not guarantee continuous, uninterrupted or secure access to any part of the Skipify services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the Skipify services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. Skipify makes no representations or warranties regarding the amount of time needed to complete processing because the Skipify services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. Skipify’s products may also be down due to service interruptions and or updates and transactions may be canceled or delayed due to errors in the service.

Agreement to Arbitrate

You and Skipify agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it:

  • Affects your rights and will impact how claims you and we have against each other are resolved.
  • Includes a Prohibition of Class and Representative Actions and Non-Individualized Relief pursuant to which you agree to waive your right to participate in a class action lawsuit against us.
  • Requires you to follow the Opt-Out Procedure to opt-out of the Agreement to Arbitrate by mailing us a written notice and the opt-out notice must be postmarked no later than 30 days after the date you accept this user agreement for the first time.
Agreement to Arbitrate
Our Agreement You and Skipify each agree that any and all disputes or claims that have arisen or may arise between you and Skipify, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief You agree that you may bring claims against Skipify not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Skipify agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief or payment awarded by Skipify may not exceed $100 per user regardless of impact sustained by user; financial or otherwise. This includes business account users, personal accounts and all other users interacting with Skipify or using Skipify products or services. Across all users, Skipify will only pay $25,000 in payments awarded through Arbitration per year in total. Any amounts that exceed this $25,000 will be paid in the following year(s). Skipify will alert the Arbitrator to the balance of these awards at the time of Arbitration. If it is the decision of the Arbitrator to award you money (which shall be capped as a 1-time payment of $100), that award may be paid out at a future date.
Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of this agreement, including the maximum financial amount awarded as stipulated above. The arbitration will be conducted by the American Arbitration Association (referred to as the “AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A party who intends to seek arbitration must first send the other party, by certified mail, a completed Notice of Dispute. You should send this notice to Skipify at: Skipify 400 Main St #250, Los Altos, CA 94022. Skipify will send any notice to you to the address we have on file associated with your Skipify account; it is your responsibility to keep your address up to date. All information called for in the notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought not to exceed $100. If you and Skipify are unable to resolve the claims described in the notice within 30 days after the notice is sent, you or Skipify may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. The arbitration shall be held in the county of Skipify’s choosing. Any settlement offer made by you or Skipify shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Skipify customers, but is/are bound by rulings in prior arbitrations involving the same Skipify customer to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each user may only utilize Arbitration a single time.
Costs of Arbitration You agree to pay all fees for arbitration. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Skipify for all costs associated with the arbitration including legal fees paid by Skipify, lost wages and additional costs. You also agree to reimburse fees paid by Skipify to facilitate the Arbitration.
Severability If a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Opt-Out Procedure All Skipify users must agree to the Agreement to Arbitrate. If you do not agree to this Agreement, please close your user account and do not use Skipify.
Future Amendments to this Agreement to Arbitrate Notwithstanding any provision in the user agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Skipify prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by this Agreement to Arbitrate that have arisen or may arise between you and Skipify. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.www.skipify.com at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your Skipify account within the 30-day period and you will not be bound by the amended terms.

Intellectual Property

Skipify’s trademarks

“www.skipify.com,” “Skipify,” and all logos related to the Skipify services are either trademarks or registered trademarks of Skipify or Skipify’s licensors. You may not copy, imitate, modify or use them without Skipify’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Skipify. You may not copy, imitate, modify or use them without our prior written consent. You may use HTML logos provided by Skipify for the purpose of directing web traffic to the Skipify services. You may not alter, modify or change these logos in any way, use them in a manner that mischaracterizes Skipify or the Skipify services or display them in any manner that implies Skipify’s sponsorship or endorsement. All right, title and interest in and to the Skipify websites, any content thereon, the Skipify services, the technology related to the Skipify services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Skipify and its licensors.

License grants, generally

If you are using Skipify software such as an API, developer’s toolkit or other software application, which may include software provided by or integrated with software, systems or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then Skipify grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use Skipify’s software in accordance with the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the Skipify services. If you do not comply with implementation, access and use requirements you will be liable for all resulting damages suffered by you, Skipify and third parties. Skipify may update or discontinue any software upon notice to you. While Skipify may have (1) integrated certain third party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third party materials and technology to facilitate providing you with the Skipify Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the software or any third party materials or technology, or otherwise create any derivative works from any of the software or third party materials or technology. You acknowledge that all rights, title and interest to Skipify’s software are owned by Skipify and any third party materials integrated therein are owned by Skipify’s third party service providers. Any other third party software application you use on the Skipify websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that Skipify does not own, control nor have any responsibility or liability for any such third party software application you elect to use on any of our websites, software and/or in connection with the Skipify services.

License grant from you to Skipify; intellectual property warranties

Skipify does not claim ownership of the content that you provide, upload, submit or send to Skipify. Nor does Skipify claim ownership of the content you host on third-party websites or applications that use Skipify services to provide payments services related to your content. Subject to the next paragraph, when you provide content to Skipify or post content using Skipify services, you grant Skipify (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights to help us improve, operate and promote our current services and develop new ones. Skipify will not compensate you for any of your content. You acknowledge that Skipify’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all of the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Skipify.

License grant from sellers to Skipify

Notwithstanding the provisions of the prior paragraph, if you are a seller using the Skipify services to accept payments for goods and services, you hereby grant Skipify and its affiliates a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use and display publicly, during the term of this user agreement, your trademark(s) (including but not limited to registered and unregistered trademarks, trade names, service marks, logos, domain names and other designations owned, licensed to or used by you) for the purpose of (1) identifying you as a merchant that accepts a Skipify service as a payment form, and (2) any other use to which you specifically consent.

Miscellaneous

You may not transfer or assign any rights or obligations you have under this user agreement without Skipify’s prior written consent. Skipify may transfer or assign this user agreement or any right or obligation under this user agreement at any time. All improvements made to Skipify products and services, and new products and services generated, including those improvements and insights made by users (Business, Personal and Other) and affiliates, shall remain the right and intellectual property of Skipify. No license is awarded for use of these improvements unless issued directly by Skipify.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when Skipify’s offices are not considered open for business in the U.S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Indigenous People’s Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, Skipify observes the holiday on the prior Friday. If the holiday falls on a Sunday, Skipify observes the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

  • Spoofing: a scammer sends forged or faked electronic documents or emails falsely claiming to be Skipify or coming from Skipify but asks you to send money outside your Skipify account.
  • A Seller or business asks you to send them money directly.
  • A person pretends to be a friend or loved one and tries to gain access to your Skipify account.

Always use common sense when Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your Skipify account for two or more years, Skipify may close your Skipify account.

Governing law

You agree that, except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and Skipify.

Identity authentication

You authorize Skipify, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

  • asking you for further information, such as your date of birth, a taxpayer identification number, your physical address and other information that will allow us to reasonably identify you;
  • requiring you to take steps to confirm ownership of your email address or financial instruments;
  • ordering a credit report from a credit reporting agency, or verifying your information against third party databases or through other source; or
  • requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that Skipify verify the​ required identifying information if you use certain Skipify services. Skipify reserves the right to close, suspend, or limit access to your Skipify account and/or the Skipify services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.

Skipify is not a bank

We do not:

  • Act as an escrow agent with respect to any funds kept in your account;
  • Act as your agent or trustee;
  • Enter into a partnership, joint venture, agency or employment relationship with you;
  • Guarantee the identity of any buyer or seller;
  • Help facilitate disputes between buyers and sellers who use Skipify;
  • Determine if you are liable for any taxes; or
  • Unless otherwise expressly set out in this agreement, collect or pay any taxes that may arise from your use of our services.

Acceptable Use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of Skipify’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

Prohibited Activities

You may not use the Skipify service for activities that:

  1. violate any law, statute, ordinance or regulation.
  2. relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
  3. relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (h)involve currency exchanges or check cashing businesses, (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (k) involve offering or receiving payments for the purpose of bribery or corruption, human trafficking or other illegal or harmful activities under the digression of Skipify.
  4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.

Electronic Communication Delivery Policy

This policy describes how Skipify delivers communications to you electronically. We may amend this policy at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will attempt to provide you with 30 days’ prior notice by posting notice of the change on the “Policy Updates” page of our website.

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Skipify branded accounts (“Account”) and your use of our services. Communications include:

  • agreements and policies you agree to (e.g., the Skipify User Agreement and the Skipify Privacy Policy), including updates to these agreements or policies;
  • annual disclosures, including prospectuses and reports for Skipify;
  • transaction receipts or confirmations;
  • Account statements and history;
  • federal and state tax statements we are required to make available to you; and
  • any other Account, Skipify account, or transaction information.

We will provide these Communications to you by posting them on the Skipify website and/or by emailing them to you at the primary email address listed in your Skipify profile.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

  • a computer with an Internet connection;
  • a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
  • Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;
  • a valid email address (your primary email address on file with Skipify); and
  • sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Skipify. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

Requesting paper copies of electronic Communications

At this time Skipify cannot send paper copies and cannot accommodate requests to change or deny agreement to this Electronic Communications policy. If you cannot agree with this policy please do not use Skipify.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that Skipify can communicate with you electronically. You understand and agree that if Skipify sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Skipify will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Skipify to your email address book so that you will be able to receive the Communications we send to you.