TERMS AND CONDITIONS

This Terms and Conditions agreement ("Agreement") constitutes a legal contract between you ("you", "your", or the "Client") and MAOPAY, a brand operated by Payfio Gateway Limited ("we", "us", or "our"), providing digital payment and financial technology services. This Agreement governs your access to and use of our online platform and all related services, including payment processing, card acquiring, merchant payouts, fraud prevention tools, and other functionalities provided through the MAOPAY ecosystem (collectively, the "Services").
By accessing or using the Services, you confirm that you have read, understood, and accepted this Agreement. If you are using the Services on behalf of an entity, you confirm that you are authorized to bind that entity to this Agreement.

1. MODIFICATIONS TO THE AGREEMENT

We may amend or update this Agreement from time to time to reflect changes in legal or regulatory requirements, technological improvements, or enhancements to our Services. Any modifications will be posted on our website with a revised "Effective Date." Where changes materially affect your rights or obligations, we will notify you via email or the platform interface. Continued use of our Services after any changes indicates your acceptance of the updated Agreement. If you do not agree with any modification, you must stop using the Services immediately.

2. ELIGIBILITY AND COMPLIANCE

You may use the Services only if you are legally capable of entering into binding agreements under applicable law. If you are registering on behalf of a company or organization, you must have proper authorization to do so. You are solely responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and industry standards, including those relating to anti-money laundering (AML), anti-terrorist financing (ATF), data protection, and financial services compliance.
MAOPAY reserves the right to verify your identity and conduct background checks as required by regulatory authorities. We may suspend or terminate Services if we suspect that your activities are unlawful, unethical, or inconsistent with this Agreement or applicable regulations.

3. ACCEPTABLE USE

You agree to use the Services only for lawful business activities and in accordance with the terms of this Agreement. Without limiting the generality of the foregoing, you shall not:

Process payments for illegal goods or services, or for businesses operating in high-risk or prohibited sectors;
Infringe upon the intellectual property rights of MAOPAY or third parties;
Upload or distribute malicious software, viruses, or any harmful code;
Attempt to bypass or undermine our security systems or access control mechanisms;
Interfere with the integrity or performance of the Services or disrupt the experience of other users.

Violation of these terms may result in immediate suspension or termination of your account, and you may be reported to relevant authorities.

4. REGISTRATION AND ACCOUNT MANAGEMENT

To use the Services, you must complete the registration process and provide accurate, complete, and current information, including legal name, contact details, business registration numbers, and beneficial ownership data. You are responsible for maintaining the confidentiality of your account credentials and are liable for any activities conducted through your account.
You agree to notify MAOPAY promptly of any unauthorized access or suspected security breach. We are not liable for any loss or damage resulting from your failure to comply with this security obligation.

5. ELECTRONIC COMMUNICATIONS

You agree to receive communications from MAOPAY electronically, including legal notices, disclosures, transaction confirmations, system alerts, and promotional messages. These communications may be delivered via email, or through the Service interface. You acknowledge that electronic communications have the same legal validity as written documents.
You may opt out of receiving promotional communications at any time, but you cannot opt out of transactional or legally required notices.
Any communication received from your account, or appearing to originate from your account, will be deemed authorized by you unless and until you notify us of any breach or unauthorized access.

6. THIRD-PARTY CONTENT AND SERVICES

The Services may include content, services, or links to third-party websites and providers. MAOPAY does not control or endorse such third parties and is not responsible for their content, services, privacy practices, or business conduct.
You assume all risks when accessing or using third-party services. MAOPAY disclaims any liability for losses or damages arising out of your use of or reliance on third-party platforms. Any dealings between you and such parties are solely between you and them.

7. INTELLECTUAL PROPERTY

All intellectual property rights related to the Services, including trademarks, logos, proprietary software, databases, website content, and documentation, are owned by or licensed to MAOPAY. You may not copy, reproduce, modify, publish, distribute, or create derivative works from any part of the Services without prior written consent.
You retain ownership of data and content submitted to the platform (“Your Content”). By submitting Your Content, you grant MAOPAY a limited, non-exclusive, royalty-free license to use, store, reproduce, and transmit such content solely for the purpose of providing the Services. You warrant that you have the rights to provide this content and that it does not infringe on any third-party rights.

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law, MAOPAY and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost data, or business interruption, arising out of or in connection with your use of the Services or this Agreement.
MAOPAY’s aggregate liability for any claim related to the Services shall not exceed the fees paid by you to MAOPAY in the three months preceding the event giving rise to the claim.

9. DISCLAIMER OF WARRANTIES

The Services are provided on an “as is” and “as available” basis. MAOPAY disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no guarantees regarding availability, uptime, or compatibility with your systems.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MAOPAY, its directors, officers, employees, affiliates, and service providers from any claim, liability, loss, damage, cost, or expense (including legal fees) arising from:

Your violation of this Agreement;
Your use or misuse of the Services;
Your breach of applicable laws or third-party rights;
Any content or data submitted by you to the platform.

11. TERMINATION AND SUSPENSION

You may terminate your account and discontinue use of the Services at any time by providing written notice. MAOPAY may suspend or terminate your access to the Services if:

You breach this Agreement;
Your activities pose a security, legal, or reputational risk;
Required by regulatory or law enforcement authorities.

Upon termination, all rights granted to you under this Agreement shall cease, and any outstanding obligations, including payment obligations, shall survive.

12. GENERAL PROVISIONS

Force Majeure: Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, labor disputes, or government restrictions.
Entire Agreement: This document constitutes the entire agreement between the parties with respect to the Services.
No Waiver: A delay or failure to enforce any term does not constitute a waiver of that right.
Severability: If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in effect.
Assignment: You may not assign this Agreement without prior written consent from MAOPAY.
Survival: Sections of this Agreement that by their nature should survive termination shall continue to apply, including provisions on liability, warranties, indemnity, and governing law.

For questions, support, or legal notices, please contact us at: [email protected]