Privacy and Terms

Website Terms of Use

These HelloPayments Website Terms of Use (“Agreement”) form a legal agreement between Monarch Payment Advisors, LLC d/b/a HelloPayments (“HelloPayments”, “HP”, “us”, “our”, or “we”) and the entity or person (“you” or “your”) who registered on the HelloPayments account page to receive certain payment gateway services, data, technology and analytics services, or other business services that may be offered by HelloPayments or its affiliates (“Service(s)”) or is otherwise accessing or using HP’s websites ( “Website(s)”), services or content governed by this Agreement. This Agreement describes the terms and conditions that apply to your use of the Websites, Services and related content, provided that Services may also be governed by one or more additional agreements between you and HP.

If you do not understand any of the terms of this Agreement, please contact us before using the Services or Websites.

You may not access or use any Services or Websites unless you agree to abide by all of the terms and conditions in this Agreement.

1. Overview 
   1. This Agreement provides a general description of the Services that HP may provide to you, including those that allow you to accept payments from purchasers of your goods or services or donors to your organization (your “Customers”). We provide you with a more detailed description of the Services through additional resources we make available to you on our Website. Additionally, certain Services may be governed by one or more additional agreements between you and HP.
   2. This Agreement forms a legal agreement between you and HelloPayments. You are deemed to have accepted and agreed to this Agreement, and all terms herein including the Limitation of Liability and indemnification provisions, when you access this Website or the Services. If you are accessing this Website or the Services on behalf of a business or other entity or organization, your access constitutes the entity’s or organization’s acceptance of this Agreement. By accessing the Services or https://hellopayments.net or any subsidiary web pages within the Website, you agree to this Agreement in full, together with any additional or specific terms and conditions we may draw to your attention prior to your purchasing any products or services from or via this Website or through other means. You hereby consent to the exchange of information and documents between you and us electronically over the Internet or by email and agree this electronic Agreement shall be the equivalent of a written paper agreement between you and us.
2. Ownership and Copyright 
   1. You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on this Website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of HelloPayments or its licensors, as the case may be. You shall have no right, title or interest, ownership or otherwise, in the Content.
3. Permitted Use
   1. HelloPayments hereby grants to you a limited, revocable, personal, non-transferable and non-exclusive license to access, read and download one copy of the Content solely for the purpose of evaluating the services offered by us (Services).
4. Restrictions on Use 
   1. You agree that You will not:
      1. distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or
      2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Services, Websites or Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of HelloPayments or its licensors or allow any third party to access the Services, Websites or Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
      3. use the Services, Website or Content in violation of the Acceptable Use Policy available at https://hellopayments.net/privacy-and-terms/, which is hereby incorporated by reference.
5. Your information 
   1. With the exception of your non-public personal information, you hereby grant to HelloPayments a perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content you provide on or through the Services or Websites or which is sent to HelloPayments by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. HelloPayments shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by HelloPayments in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
   2. If you are a merchant user of the Services or Websites (e.g. you are using the services in connection with the receipt of payments), to the extent applicable, in the event a person signs up with HelloPayments for services with HelloPayments (e.g. a HelloPayments Wallet) and authorizes HelloPayments to retain and use such person’s information and data, you acknowledge and agree that HelloPayments may use such information and data (even if provided solely by you) in accordance with its agreement with such person and, notwithstanding anything to the contrary in this Agreement, to the extent permitted by law, HelloPayments may continue to retain, store and otherwise use such person’s data following termination or expiration of this Agreement.
   3. If you are an end user of the Services or Websites (e.g. you are a wallet user or using the Services as a “payer” or in a similar capacity), you acknowledge that your use of the Services may be in connection with HelloPayments’ agreement with certain merchants and other providers (each such agreement a “Provider Agreement”). You agree that this Agreement is an independent agreement and that the termination of a Provider Agreement does not terminate this Agreement. Accordingly, in the event you make a payment through our Services after the applicable Provider Agreement is terminated, you agree that this Agreement shall still apply to those payments and that we may facilitate the payment in accordance with your instruction. Additionally, subject to the terms of this Agreement and the Privacy Policy, we may retain all information about you provided by the applicable merchant or other provider following termination of a Provider Agreement. You acknowledge that, except as expressly provided otherwise, this Agreement is solely between you and HelloPayments. In the event our relationship terminates with one or more merchants or other providers that you have a relationship with and provides information to us relating to you, you authorize us to maintain such information on your behalf.
6. Personal Information; Data Rights
   1. HelloPayments may from time to time, but is not obligated to, monitor your use of the Website and collect, store, use and disclose information concerning you to solicit or offer you its Services, and you hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have in it. Additionally, the Privacy Policy available at https://hellopayments.net/privacy-policy is hereby incorporated by reference and made a part of this Agreement. HelloPayments may use collect and use data and information from or about you as necessary or appropriate to provide the Services and for any other lawful purpose in accordance with the Privacy Policy.
7. Service Agreement 
   1. If you procure Services from HelloPayments or one of its suppliers or sponsors, then such Services shall be delivered pursuant to a separate agreement and are not provided hereunder, and you shall have no rights or claims in respect of such Services hereunder. Any support obligations regarding the Services shall be set forth in the applicable agreement. You are solely responsible for providing support to Customers, as applicable. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your Customers.
8. Links to Third Party Websites and Services 
   1. The Website or Services may contain links, buttons and banners that redirect you to third-party resources and websites that may be of interest. The inclusion of any link does not mean we endorse the site or have any association with its operators, nor should the inclusion of any link be viewed as an encouragement to purchase or use any third-party products or services. We provide these links to you for information purposes and convenience only.
   2. Linked Websites are not under our control and we are not responsible for the contents of any Linked Website including, without limitation, any link contained in a Linked Website, or any changes or updates to a Linked Website. We do not accept responsibility or liability for the privacy of your personal information on any Linked Website, and we are not responsible for webcasting or any other form of transmission received from any Linked Website. “Linked Website(s)” means a website or entity other than https://hellopayments.net, which are linked through a hyperlink or through another means (including text, image, and moving image) to or from this Website.
   3. This Agreement does not cover your interaction with Linked Websites; therefore, you should carefully review the terms and conditions and privacy policies of any third party sites you visit. Your use of any Linked Website is at your own risk.
   4. Certain services made available via the Website or Services are delivered by third parties. By using any product, service or functionality originating from a Website, you acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality for the Website users and customers.
   5. HelloPayments does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at Linked Websites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, HelloPayments is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that HelloPayments is affiliated or associated with the same. HELLOPAYMENTS DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR CONTENT FOUND ON, OTHER WEBSITES.
9. Limitations on Liability and Disclaimers 
   1. You accept that any comments posted by you on the Website and/or social media pages can be viewed by the public, and that we have no control over, or liability for, the way in which this information is used by any third party who views your comments.
   2. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION PROVIDED AND TRANSACTIONS CONDUCTED ON THIS WEBSITE, THROUGH THE SERVICES OR ON THE INTERNET WILL BE CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR OWN RISK.
   3. HelloPayments will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make available on the Website or that you expressly or implicitly authorize HelloPayments to make available, or for any errors or any changes made to any transmitted, stored or received information.
   4. You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions or decisions.
   5. THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNCORRUPTED, AND IS NOT TO BE RELIED UPON.
   6. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION.
   7. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED AS IS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY REPRESENTATION, WARRANTY, GUARANTY OR CONDITION ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
   8. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELLOPAYMENTS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS OR EMPLOYEES (“RELEASED PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE RELEASED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
   9. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF HELLOPAYMENTS, EVEN IF THE RELEASED PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.
   10. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE WILL ANY RELEASED PARTY’S CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE OF ACTION WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING IN CONNECTION WITH THIS AGREEMENT BE MORE THAN TWENTY UNITED STATES DOLLAR $25.00 USD.
   11. HELLOPAYMENTS ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT ON THIS WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. HELLOPAYMENTS IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. HELLOPAYMENTS DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.
10. Termination 
    1. This Agreement is effective until terminated by HelloPayments, with or without cause, in HelloPayments’ sole discretion. HelloPayments may terminate this Agreement without notice to you for any reason or for no reason. Any such termination by HelloPayments shall be in addition to and without prejudice to such rights and remedies as may be available to HelloPayments, including injunction and other equitable remedies.
    3. The disclaimers, limitations on liability, ownership, termination, interpretation, your license to HelloPayments, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
11. Indemnity 
    1. You agree at all times to indemnify, defend and hold harmless the Released Parties, and each of them, against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) arising out of, sustained, incurred or paid by any of the Released Parties directly or indirectly in respect of:
       • any information or other content you provide on or through this Website or which is sent to HelloPayments by email or other correspondence;
       • your use or misuse of the Content or this Website, including without limitation infringement claims;
       • your failure to comply with any of your obligations set forth in this Agreement;
       • the inaccuracy or falsity of any representation or warranty made by you in relation to this Agreement; or
       • your alleged or actual negligence or willful misconduct.
12. Governing Law; Interpretation
    1. This Website and the Content (excluding Linked Websites or their content) are located within the USA. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules and Mediation Procedures of the American Arbitration Association (the “AAA”). The arbitral tribunal shall be composed of a sole arbitrator. The seat of arbitration shall be Nashville, Tennessee, USA. The language to be used in the arbitral proceedings shall be English. This Agreement shall be governed by the substantive law of the United States and the State of Tennessee, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
    2. You agree to waive any right you may have to the commencement of or participation in any class action against HP related to this Website. You also agree to opt out of any class proceedings against HP or its affiliates or licensors.
    3. In this Agreement, unless the context requires a different interpretation:
       • i. the singular includes the plural and vice versa;
       • ii. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this Agreement;
       • iii. a reference to a person includes firms, companies, government entities, trusts and partnerships;
       • iv. reference to any statutory provision includes any modification or amendment of it;
       • v. the headings and sub-headings do not form part of this Agreement.
13. Entire Agreement 
    1. This Agreement, as it may be amended from time to time in accordance with the provisions of Section 14, and any and all other legal notices and policies on this Website, constitute the entire agreement between you and HelloPayments with respect to the use of this Website and the Content.
    2. This Agreement and all policies and procedures that are incorporated by reference, together with any other agreements between you and HelloPayments with respect to applicable Services, constitute the entire agreement between you and HelloPayments for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and HelloPayments, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.
    3. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable under law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
14. Amendment and Waiver 
    1. HelloPayments reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Website or through the Services. You are responsible for periodically reviewing the amendments on this Website and through the Services, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Website. Access to this Website or use of this Website or Services after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on HelloPayments unless executed by HelloPayments in writing or posted by HelloPayments to the Website. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) in this Agreement or any other agreement between you and HelloPayments nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
15. Severability 
    1. Any provision of this Agreement which is held by an arbitrator to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or un-enforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
16. Inurement 
    1. This Agreement shall inure to the benefit of and be binding upon you and HelloPayments and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it and using the Website, having the authority to accept this Agreement and having received a copy of this Agreement.
17. Assignment 
    1. This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you and any attempted transfer or assignment shall be null and void.
18. Language 
    1. The parties hereto agree that this Agreement is drafted and executed in the English language.