Femtoplay Payment Terms

Payment Terms of Service

Last updated: 15 Mar 2024

These Payments Terms of Service (“Payments Terms”) are a binding legal agreement between you and the contracting entity that govern the Payment Services (defined below) conducted through or in connection with the Femtoplay Platform. When these Payments Terms mention "Femtoplay", “Femtoplay Payments,” “we,” “us,” or “our,” it refers to the company you are contracting with for Payment Services.

Femtoplay Payments provide payments services to Members booking Advertisements, advertisement design services, or other related Services, including offering services in connection with the billboard hosting and other current and future services provided via the Femtoplay Platform. These payment services may include (if available) the following (collectively, “Payment Services”):

Collecting payments from Advertisers (“Payin”), by charging the payment method associated with their Femtoplay account or provided during payment process, such as credit card, debit card, bank account (“Payment Method”);
Effecting payments to Hosts (“Payout”) to a financial instrument associated with their Femtoplay account, such as a bank account, a prepaid card, or a debit card (“Payout Method”);
Effecting payments to a third-party Payout Method designated by a Host;
Payment collection services; and
Other payment related services in connection with Host Services and Advertisement design services.

In order to use the Payment Services, you must be at least 18 years old, must have a Femtoplay account in good standing in accordance with the Femtoplay Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.

Payment Services will be provided by the contracting entity based on your country of residence subject to any exceptions described below:

COUNTRY OF RESIDENCE	CONTRACTING ENTITY	PAYMENT PROCESSOR
USA	Femtomax Inc.	Stripe Inc. 354 Oyster Point Blvd, San Francisco, 94080 CA, United States
India	Femtomax India Pvt. Ltd.	Razorpay Software Private Limited, #22, 1st Floor, SJR Cyber, Laskar Hosur Road, Adugodi, Bengaluru, 560030, Karnataka, India

If you change your country of residence, the Femtoplay company you contract with and the applicable version of the Payment Terms will be determined by your new country of residence from the date on which your country of residence changes. Please note, however, that the Femtoplay Payments company with whom you contract will stay the same for all bookings made prior to your change of residence.

The Terms separately govern your use of the Femtoplay Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms

Your use of the Payment Services
1. Femtoplay Payment Services. By using the Payments Services, you agree to comply with these Payments Terms. Femtoplay Payments may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Femtoplay Payments may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. Femtoplay Payments may provide notice to Members of any changes to the Payment Services.
2. Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Femtoplay Payments is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Femtoplay Payments of those Third-Party Services.
3. Your Femtoplay Account. Femtoplay Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Femtoplay account. You may authorize a third party to use your Femtoplay account if the feature is enabled for your Femtoplay account. You acknowledge and agree that anyone you authorize to use your Femtoplay account may use the Payment Services on your behalf will be subjected to same terms and that you will be responsible for any payments made by such person.
4. Verification. You authorize Femtoplay Payments, directly or through third parties, to make any inquiries we consider necessary to verify your identity and information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Femtoplay Payments reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
5. Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
Advertiser Terms
1. Adding a Payment Method. When you add a Payment Method to your Femtoplay account, you will be asked to provide billing information such as name, billing address, tax information and financial instrument information either to Femtoplay Payments or its third-party payment processor(s). You authorize Femtoplay Payments and its payment service providers to collect and store your Payment Method information.
2. Payment Method Verification. When you add or use a new Payment Method, Femtoplay Payments may verify the Payment Method by (i) authorizing your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we may automatically save and add that Payment Method to your Femtoplay account so it can be used for a future transaction. You may not remove the Payment Method associated with a reservation during the period commencing from the date of your booking and ending fourteen (14) days following the last booked advertisement display date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with such booking.
3. Your Femtoplay Account. Femtoplay Payments may enable features that allow you to authorize other Members or third parties to take certain actions that affect your Femtoplay account. You may authorize a third party to use your Femtoplay account if the feature is enabled for your Femtoplay account. You acknowledge and agree that anyone you authorize to use your Femtoplay account may use the Payment Services on your behalf will be subjected to same terms and that you will be responsible for any payments made by such person.
4. Payment Authorization. You allow Femtoplay Payments to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Femtoplay account, including Damage Claim amounts in accordance with the Terms and with Section 6.
5. Automatic Update of Payment Method. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
6. Timing of Payment. Femtoplay Payments charges the Total Price due before the Host accepts your booking request or the designer accepts your design request. Femtoplay Payments may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Femtoplay Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Femtoplay Payments is unable to collect the Total Price due, as scheduled, Femtoplay Payments will collect the Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
7. Currency. Femtoplay Payments will process each transaction in the currency of the country of residence you provided during account creation via the Femtoplay Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as your selected Payment Method, your country of residence, and/or your Femtoplay Payments contracting entity(ies). Note that if your Femtoplay Payments contracting entity’s location is different than the country of your Payment Method, or your selected currency is different than your Payment Method's billing currency, your payment may be processed outside of your country of residence. As a result, certain fees may apply and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a U.S. issued card, but provided your country of residence as India during account creation, your payment may be processed outside of India, and banks and credit card companies may impose international transaction fees and foreign exchange fees. In addition, if you select to pay with a currency that is different than your Payment Method's billing currency, your bank or credit card company may convert the payment amount to your billing currency associated with your Payment Method, based on an exchange rate and fee amount determined solely by your bank. Femtoplay Payments is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
8. Booking Request Store Credits (No refunds). We do not issue refunds, instead, you will receive zero interest store credits that will be applied automatically on your next purchase. Store credits will expire on the last day of the financial year end. For India, it is 31st March and for USA it is 31st December. The store credits are governed by the following rules:
  - For advertisement booked on a single billboard:
    - If the request was declined for any reason, you will receive store credits for the equivalent amount.
    - If we determine in our sole discretion that the advertisement was not displayed on the billboard at the scheduled date and time, you will receive store credits after deducting processing charges only for the scheduled date and time the advertisement was not displayed.
    - If you withdraw the ad at any point , you will receive store credits for the equivalent amount.
  - For campaign booked on one or more billboards:
    - You will receive store credits for the equivalent amount after deducting processing charges if we book zero billboards based on your campaign criteria
    - If you withdraw your campaign before the campaign start date you will receive store credits for the equivalent amount.
    - If you withdraw your campaign after the campaign start date you will receive store credits for the remaining amount.
    - If during the campaign, Femtoplay Platform failed to display the advertisement on its scheduled date and time, you will receive store credits for the equivalent amount after deducting processing charges for that scheduled timeslot when the advertisement failed to display.
  - For graphic ad design requests:
    - If you want to cancel your order within 24 hours of booking, please contact us. You will receive store credits for the equivalent amount.
    - Your order will not be cancelled after 24 hours. Any cancellation request, received 24 hours after the booking will be treated as completed order.
  - Store credit processing and charges:
    - We may deduct up to 10% of the store credit amount as processing charges. For example, if store credit amount is $10, your may be given a store credit for $9.0.
    - If a store credit is issued, you will be reflected in your account within 1 hr.
9. Payment Restrictions. Femtoplay Payments reserves the right to decline or limit payments that we believe (i) may violate Femtoplay Payments’ risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, Femtoplay, Femtoplay Payments, or others to risks unacceptable to Femtoplay Payments.
10. Payment Service Providers. Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Femtoplay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
11. Your Payment Method, Your Responsibility. Femtoplay Payments is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
12. Different Ways to Pay.
  - Femtoplay Payments requires that Members pay full amount of the service’s Total Price at the time of booking.
  - Femtoplay Platform will notify you during check out of the amount and currency.
  - You cannot make modifications after placing a booking or service request. You may be able to cancel the request or reach out to us for cancellation. We may approve or reject your request for cancellation, with or without reason.
  - If Femtoplay Payments is unable to collect your payment, Femtoplay Platform will notify you of such declined payment, and cancel the booking or service request. You acknowledge that you may incur fees for cancellations pursuant to the cancellation policy.
Host Terms
1. Payment Collection. Femtoplay Payments generally collects the Total Price of a service at the time the Member’s booking request is accepted by the Femtoplay Platform, unless noted otherwise. The payments are held with us until the service is complete or is past the due date of service rendering date. Femtoplay Payments will reconcile and recompute the net payments to you and payout the net amount.
2. Valid Payout Method. In order to receive a Payout you must have a valid Payout Method linked to your Femtoplay account. When you add a Payout Method to your Femtoplay account, you will be asked to provide information such as name, government identification, tax ID, billing address, and financial instrument information either to Femtoplay Payments or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as: residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Femtoplay Payments requires for a valid Payout Method may change, and Femtoplay Payments may request additional information at any time; failing to provide requested information may result in Femtoplay Payments temporarily placing a hold, suspending, or canceling any Payout until the information is provided and, if necessary, validated. You authorize Femtoplay Payments to collect and store your Payout Method information. You authorize Femtoplay Payments to create and raise an invoice to Femtoplay Payments or 3rd party payment processors on your behalf for the payouts. Femtoplay Payments may also share your information with governmental authorities as required by applicable law.
3. Timing of Payout.
  - Subject to and conditional upon successful receipt of the payments from Members, Femtoplay Payments will generally initiate Payouts to your selected Payout Method once a month to pay earnings for previous month.
  - Femtoplay Payments may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Femtoplay Payments may depend upon the Payout Method you select.
4. Payout. Your Payout for a service will be the Total Price less applicable fees like Femtoplay service fees and applicable taxes. In the event of cancellation of a confirmed booking, Femtoplay Payments will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy. We will pay the host either a minimal agreed amount per month for space rental or we may decide to share a percentage of gross revenue earned from advertisers booking the advertisement display slots on billboard you have hosted. The gross revenue is calculated only for billboards you host. For example, if you host 2 billboards, and we received $100 worth of bookings from advertisers on your billboards, you will be paid a percentage of $100. The percentage share will be our sole discretion and we may change the percentage share without notice, for a reason or no reason at all. We will notify you of you the payout option we decide for you via the email you used during account creation. When a payout is made, we will generate an invoice ("Host invoice") on behalf of host. The host invoice will provide a summary of charges that we have to pay to the host. Hosts agree that they are not entitled to any additional information beyond what is provided in the Host invoice.
5. Payout Restrictions. Femtoplay Payments may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify requested information. Furthermore, Femtoplay Payments may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume cancellations or modifications arising from a Force Majeure Event (as defined below).
  Femtoplay may reduce payout amount as a penalty if it finds, in its sole discretion, a high number of cancellations by host or billboard not operational for a high number of times.
6. Currency Conversion. Femtoplay Payments will remit your Payouts in the currency of the country you specified during account creation on the Femtoplay Platform. The currencies available may be limited for regulatory or operational reasons based on factors such as your selected Payout Method, your country of residence, and/or your Femtoplay contracting entity(ies). Any such limitations will be communicated via the Femtoplay Platform, and you may be prompted to select a different currency or Payout Method or create a new account. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency or Payout Method you select or other regulatory reasons, and Femtoplay Payments is not responsible for any such fees and restrictions and disclaims all liability in this regard.
7. Limits on Payouts. For compliance or operational reasons, Femtoplay Payments may limit the amount of a Payout. If you are due an amount above that limit, Femtoplay Payments may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
8. Payment Service Providers. Payout Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Femtoplay Payments is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
9. Handling of Funds. Femtoplay Payments may combine amounts that it collects from Members and invest them as permitted under applicable laws. Femtoplay Payments will retain any interest it earns on those investments.
10. Your Payout Method, Your Responsibility. Femtoplay Payments is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
11. Different ways to get paid.
  - Split Payouts. Femtoplay will payout only to the financial instrument associated with the Member’s account. Split payout is not supported.
Appointment of Femtoplay Payments as Limited Payment Collection Agent
1. Each Host, including each Host Team member, hereby appoints Femtoplay Payments as the Host’s payment collection agent solely for the limited purpose of accepting and processing funds from Members purchasing Host Services on the Host’s behalf.
2. Each Host, including each Host Team member, agrees that payment made by a Member through Femtoplay Payments, shall be considered the same as a payment made directly to the Host, and the Host will provide the Host Service booked by the Member in the agreed-upon manner as if the Host has received the payment directly from the Member. Each Host agrees that Femtoplay Payments may refund the Member in accordance with the Terms Each Host understands that Femtoplay Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Member. Femtoplay Payments guarantees payments to Host(s) only for such amounts that have been successfully received by Femtoplay Payments from Member in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Host, Femtoplay Payments assumes no liability for any acts or omissions of the Host.
3. Each Member acknowledges and agrees that, notwithstanding the fact that Femtoplay Payments is not a party to the agreement between you and the Host(s), including each Host Team member, Femtoplay Payments acts as each Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host(s). Upon a Member’s payment of the funds to Femtoplay Payments, the Member’s payment obligation to the Host(s) for the agreed upon amount is extinguished, and Femtoplay Payments is responsible for remitting the funds successfully received by Femtoplay Payments to the Host(s) in the manner described in these Payments Terms. In the event that Femtoplay Payments does not remit any such amounts, the Host(s) will have recourse only against Femtoplay Payments and not the Member directly.
General Terms
1. Fees. Femtoplay Payments may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Femtoplay Platform.
2. Payment Authorizations. You authorize Femtoplay Payments to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorize in your Femtoplay account (unless you have previously removed the authorization to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorize Femtoplay Payments to collect from you:
  - Any amount due to Femtoplay or Femtoplay Payments (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Advertiser, Host or user of the Femtoplay Platform), including reimbursement for costs prepaid by Femtoplay or Femtoplay Payments on your behalf. Any funds collected by Femtoplay Payments will set off the amount owed by you to Femtoplay or Femtoplay Payments and extinguish your obligation to Femtoplay or Femtoplay Payments.
  - Any amount due to a Host from a Member which Femtoplay collects as the Host’s payment collection agent as further set out in Section 4 above.
  - Taxes, where applicable and as set out in the Terms
  - Any amount you pay through the Resolution Center in connection with your Femtoplay account.
  - Any Damage Claim amounts owed to Femtoplay or Femtoplay Payments in accordance with the Terms and Section 6.
  - Any penalties payable under the Terms, including any cost and expenses incurred in collecting the penalty.
  - Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Host, you cancel a confirmed booking).
  - Any amounts already paid to you as a Host despite a Member canceling a confirmed booking or Femtoplay deciding that it is necessary to cancel a booking in accordance with the Terms, or other applicable cancellation policy. You agree that in the event you have already been paid, Femtoplay Payments will be entitled to recover the amount of any such guest refund from you, including by subtracting such refund amount out from any future Payouts due to you.
  If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution center payments, or Damage Claims (“Additional Amounts”), you authorize Femtoplay Payments to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Femtoplay Payments will notify you in writing before any Additional Amounts are charged.
  
  If your Payment Method associated with the relevant booking is determined to be expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Femtoplay Payments may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Femtoplay account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
  
  If Femtoplay has reason to believe that you as a Host participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Femtoplay Payments released the payout for such services, Femtoplay Payments may recoup from you such amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
  
  In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Femtoplay Payments collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
3. Collections.
  - If Femtoplay Payments is unable to collect any amounts you owe under the Terms and these Payments Terms, Femtoplay Payments may engage in collection efforts to recover such amounts from you.
  - Femtoplay Payments will deem any owed amounts overdue when: (a) for authorized charges, one hundred and twenty (120) days have elapsed after Femtoplay Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, two hundred and seventy (270) days have elapsed after the adjustment is made to the Host’s Femtoplay account or the associated services have been provided, whichever is later.
  - Femtoplay Payments will deem any overdue amounts not collected to be in default when three hundred and sixty five (365) days have elapsed: (a) for authorized charges, after Femtoplay Payments first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Host’s future Payouts, after the adjustment is made to the Host’s Femtoplay account or the associated services have been provided, whichever is later.
  - You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Femtoplay and/or Femtoplay Payments by you. Such communications may be made by Femtoplay, Femtoplay Payments, or by anyone on their behalf, including but not limited to a third-party collection agent.
4. Payment Processing Errors.
  - Femtoplay Payments will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by Femtoplay Payments or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
  - To the extent you receive any funds in error, you agree to immediately return such funds to Femtoplay Payments
5. Refunds.
  - Any refunds or credits due to a Member pursuant to the Terms will be initiated and remitted by Femtoplay Payments in accordance with these Payments Terms.
  - Subject to this Section , Femtoplay Payments will initiate the refund process within 30 days after the last service due date. In case of a cancellation by Host, Femtoplay Payments will hold the funds for up to 30 days. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Femtoplay Platform. The time it takes to receive any cash refund or for any pre-authorization of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Femtoplay Payments will initiate and process the refund as soon as is practicable.
Damage Claims and Damage Amounts.
1. If you are responsible for Damage Claim amounts, pursuant to Section 15 of the Terms, Femtoplay via Femtoplay Payments may, with your prior authorization, charge the Payment Method used to make the booking or any other payment method on file in your Femtoplay account at the time of the Damage Claim in order to collect Damage Claim amounts, up to a maximum amount as defined in Section 15 of the Terms.
2. You agree that Femtoplay Payments may seek to recover from you under any insurance policies you maintain and that Femtoplay Payments may also pursue against you any remedies it may have available, including, but not limited to, referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to a Damage Claim, or damage claims payment requests made by Hosts.
Abandoned Property. If Femtoplay Payments holds funds due to you (e.g., because we are unable to issue you a Payout or refund) or you do not use a gift card or gift credit for the relevant period of time set forth by your state, country, or other governing body in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
Prohibited Activities.
1. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
  - breach or circumvent any applicable laws or regulations;
  - breach or circumvent any agreements with third parties, third-party rights, or the Terms
  - use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  - register or use any Payment Method or Payout Method with your Femtoplay account that is not yours or you do not have authorization to use;
  - avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Femtoplay Payments or any of Femtoplay Payments’ providers or any other third party to protect the Payment Services;
  - take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  - attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  - violate or infringe anyone else’s rights or otherwise cause harm to anyone.
2. You may not use or assist others to use the Payment Services to send or receive funds: (i) into any embargoed countries; or (ii) to anyone on the list of federal government Specially Designated Nationals, the federal government Department of Commerce’s (or equivalent department in your country of residence) Denied Persons List or Entity List, federal government Sanctions List, United Nations Consolidated List or European Union Consolidated List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to your federal government embargo, or that has been designated by your federal government as a “terrorist supporting” country; and (ii) you are not listed on any your federal Government or European Union list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
Force Majeure. Femtoplay Payments shall not be liable for any delay or failure to fulfill any obligation under these Payments Terms resulting from causes outside the reasonable control of Femtoplay or Femtoplay Payments, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials (“Force Majeure Event”).
Disclaimers.
1. If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
2. Notwithstanding Femtoplay Payments’ appointment as the limited payment collection agent of Hosts pursuant to Section 4, Femtoplay Payments explicitly disclaims all liability for any act or omission of any Member or other third party. Femtoplay Payments does not have any duties or obligations as agent for each Host except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
3. If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
4. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
Liability. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Femtoplay Payments remains with you. If you permit or authorize another person to use your Femtoplay account in any way, you are responsible for the actions taken by that person. Neither Femtoplay Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Femtoplay Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Hosts pursuant to these Payments Terms or an approved payment request under the Host Damage Protection , in no event will Femtoplay Payments’ aggregate liability arising out of or in connection with these Payments Terms and your use of the Payment Services including, but not limited to, from your use of or inability to use the Payment Services, exceed (i) the amounts you have paid or owe for bookings via the Femtoplay Platform as a Member in the one (1) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Femtoplay Payments to you in the one (1) month period prior to the event giving rise to the liability, or (ii) one hundred U.S. dollars or equivalent in your local currency (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Femtoplay Payments and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Femtoplay Payments’ option), indemnify, and hold Femtoplay Payments and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights.