Merchant Terms of Service

This Terms of Service Agreement ("Agreement") is made and entered into by and between MoneyUp Financial, Inc. D.B.A as MoneyUp, a Delaware corporation, with its principal place of business at 335 George St, Ste 4 PMB 1084 New Brunswick, New Jersey 08901 ("Company" or "We" or "Us" or "Our"), and the Vendor, an individual or business entity, with its details provided during the registration process ("Vendor" or "Merchant" or "You" or "Your"). This Agreement governs Your use of the Company's Point of Sale (POS) service, including access to the platform and transaction processing. By using our services, You agree to be bound by the terms and conditions outlined in this Agreement.

1. Services Provided
Company offers a Point of Sale (POS) service that includes access to our platform for transaction processing. Vendors are eligible for free transaction processing with the option to access advanced features and benefits for a monthly fee of $150 ("Platform Access Fee"). Vendors are displayed within the MoneyUp mobile app to MoneyUp+ users.

2. Vendor Obligations

• Registration Information: You must provide accurate and up-to-date information during the registration process. It is Your responsibility to keep Your account information current.
• Fees: If You choose to subscribe to the Platform Access, You agree to pay the monthly Platform Access Fee of $150. This fee is non-refundable.
• Transaction Processing: You understand and acknowledge that transaction processing is subject to certain limitations, including transaction volume, value, and eligibility criteria. Company reserves the right to modify or terminate the free transaction processing offer at its sole discretion. All transactions are subject to a 2.5% discount fee, that is processed upon transaction.
• Compliance: You agree to comply with all applicable laws and regulations in Your use of the services provided by Company. You also agree not to use the services for any unlawful, fraudulent, or unauthorized purposes.

3. Platform Access and Termination

• Access: Upon payment of the Platform Access Fee, You will be granted access to advanced features and benefits as described in the Company's platform documentation.
• Fees: If You choose to subscribe to the Platform Access, You agree to pay the monthly Platform Access Fee of $150. This fee is non-refundable. You agree to be processed a 2.5% discount fee upon each transaction done through the platform.

4. Limitation of Liability
Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our services, including the platform and transaction processing.

5. Intellectual Property

• Company's Property: All intellectual property rights related to the platform, including but not limited to software, logos, trademarks, and copyrights, remain the sole property of the Company.
• Vendor's Content: You retain ownership of any content You upload or transmit through the platform. However, You grant Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the purpose of providing the services.

6. Modification of Terms
‍Company reserves the right to modify, suspend, or terminate this Agreement, the services provided, and the associated fees at any time. Changes will be communicated to You through the platform or via email.

7. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Delaware or New Jersey, without regard to its conflict of law principles.

By using our services, You acknowledge that You have read, understood, and agreed to be bound by the terms and conditions outlined in this Agreement.

This Agreement is effective as of the date You start using the services and remains in effect until terminated by either party.

If You have any questions or concerns about this Agreement, please contact us at support@getmoneyup.com.

This Agreement is effective 08/2023