The GeekPay hosted software service ("GeekPay") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Land Geek Enterprises LLC or its subsidiaries, affiliates, and suppliers (collectively "LGE") own intellectual property rights in GeekPay. The Licensee's ("you" or "your") license to download, use, copy, or change is subject to these rights and to all the terms and conditions of this End User License Agreement and Terms of Service ("Agreement" or “Terms”). The terms “LGE” and “GeekPay” are used interchangeably in these Terms but are a reference to the legal entity LGE and the software service GeekPay.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACCESSING GEEKPAY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).
Terms of Service
- Signing up for GeekPay. In order to use GeekPay, you will need to sign up for an account. You also must be over 18 years of age and a citizen or permanent resident of the United States. You are only allowed to have one account, and you cannot share your account with anyone else.
- Keeping your account secure. As between you and GeekPay, you are responsible for whatever happens on your account, even if someone else is using it. To keep your account secure, you should never share your password with anyone, or let anyone else access or use your account. If you discover that someone has your password, or has a ccessed or used your account, please let GeekPay know as soon as possible. GeekPay will not be liable for any harm or losses caused by any unauthorized use of your account.
- Not a merchant service. GeekPay is not a merchant service. Instead, we work with third-party providers (Stripe, PayZang, etc) to power our software. We do not store credit card or ACH information of our users. All payment information is stored by the merchant providers, not us. All charges, payments, chargebacks and other financial transactions are handled exclusively by the third party merchant service provider that you choose to use. Our software is designed to report information provided by these third-party services. Our service makes all reasonable efforts to accurately present that information to you. We are not liable for any failures resulting from any third-party providers that we partner with.
- Changes to the Service. GeekPay is constantly making changes to and improving the Service. You agree that GeekPay maya dd or remove any features, and may stop providing any services at any time.
- Use of the service outside of the United States. GeekPay is only available to people who are citizens or permanent residents of the United States. By using GeekPay, you agree to be treated in all material respsects as a United States citizen, and consent to having your personal information transferred to and processed in the United States.
- Software failure. Occasionally our software breaks. This is the nature of software. We take all reasonable steps to avoid such errors and rapidly attempt to resolve any issues. These errors could potentially result in data being corrupt, payments not being made, miscalculations, and unforeseeable mistakes. By registering for our service you understand that things could break and understand that we are not liable for damages to you or your business resulting from these issues.
It is your responsibility to stay on top of all loans in the system. If you notice any errors or potential errors, contact us immediately. We can check and attempt to resolve any reporting errors.
Should our system fail to report information accurately, you can always log in to the third-party merchant provider for information. In the case of PayZang we manage your merchant account automatically. If you have chosen to use PayZang and would like to log in to your PayZang dashboard for any reason, please contact us and we can provide you with login information. Email firstname.lastname@example.org to gain access and we will assist you. We also recommend using our support-desk in the software for a quicker response.
- Borrower communication. We handle automated communication with your borrowers. This includes but is not limited to emails that notify your borrower of upcoming payments, notifications of successful payments, and failed payments. Unfortunately we cannot guarantee email deliverability. That is the nature of email. While we provide reporting on whether emails were opened or clicked, all of that tracking is done through a third-party provider (Sendgrid). By using this service you are aware that sometimes emails could potentially go missing. You should communicate directly with your borrowers to ensure that they are receiving all communications as expected. Have any issues with it? Let us know!
- Following lending laws. While our system is intended for enabling scheduled payment plans, some users have used the system for loans. It is your responsibility to follow local, state, and national lending laws. We are not responsible for overseeing your loans. Should you violate any local, state, or federal laws with your loans we will promptly freeze and terminate your account. We will cooperate with any authorities as required by law.
- Terminating your account. You may cancel your account at any time. GeekPay may limit, suspend, or terminate your account for any reason. If your account is cancelled, limited, suspended, or terminated, you will not receive a refund, and you will continue to be bound by these Terms. We cannot guarantee a flawless export of data in our system although our intent will be to allow you to export your infomration within 7 days of cancellation.
- License Grant. This Agreement entitles you to access and use via your unique user id (or email), one instance of GeekPay. This Agreement does not permit the use of multiple accounts or users of GeekPay. Multiple account sis only allowed if you obtaine an appropriate licensing agreement for each user account on GeekPay.
- Assignment/Restrictions on Transfer. Without first obtaining the express written consent of LGE, you may not assign your rights and oblications under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to GeekPay. GeekPay may transfer and assign its rights and obligations under these Terms without restriction. Any non-permitted assignment of these Terms will be void and have no effect.
- Restrictions on Use. You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for GeekPay. In other words, you cannot steal or copy anything on our site.
- NO WARRANTIES. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, GEEKPAY DOES NOT MAKE ANY SPECIFIC PROMISES, WARRANTIES, REPRESENTATIONS, OR GUARANTEES ABOUT THE SERVICE. FOR EXAMPLE, GEEKPAY DOES NOT MAKE ANY COMMITMENTS ABOUT THE SAFETY OR SECURITY OF THE SERVICE, OR ABOUT THE SERVICE’S RELIABILITY, SECURITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. GEEKPAY PROVIDES THE SERVICE "AS IS" AND ON AN "AS AVAILABLE" BASIS. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO BE EXCLUDED IN WHICH CASE THE APPLICABLE DISCLAIMERS IN THIS SECTION WILL NOT APPLY TO YOU. OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW, GEEKPAY AND LGE EXCLUDES ALL WARRANTIES. USE GEEKPAY AT YOUR OWN RISK.
- LIMITED LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, GEEKPAY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR ANY OTHER FINANCIAL OR INTANGIBLE LOSSES, EVEN IF GEEKPAY HAS BEEN ADVICED OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GEEKPAY FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID GEEKPAY TO USE THE SERVICE. IN ALL CASES, GEEKPAY WIL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESSEABLE, AND WILL NOT BE RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW FOR CERTAIN TYPES OF LIABILITY TO BE LIMITED, IN WHICH CASE THE APPLICABLE LIMITATIONS WILL NOT APPLY TO YOU. THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
- Indemnity. You agree to defend, indemnify, and hold harmless LGE and its subsidiaries, affiliates, directors, officers, employees, contractors, and agents from any claim or dispute (collectively "Dispute"), and any and all judgments, liabilities, damages, losses, and expenses (including but not limited to legal fees and costs) arising from or related in any way to your use of the Service, your information, any Communication you send or receive, any request GeekPay fulfills on your behalf, any violation of these Terms, and/or the violation of any applicable law, rule, or regulation, including by you or anyone using your account.
- Governing Law. The laws of the State of Arizona and the Federal Arbitration Act (9 U.S.C. §§ 1-16) will apply to any Disputes arising out of or relating to these Terms of Serivce.
- Arbitration. If you have a Dispute with GeekPay or LGE, you agree to first contact GeekPay at email@example.com and attempt to resolve the Dispute informally. If you and GeekPay are not able to resolve the Dispute after sixty (60) days, then you and GeekPay agree to resolve the Dispute through binding arbitration by an arbitrator defined by GeekPay. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing : (i) you may sue GeekPay in a small claims court of competent jurisdiction after first engaging the informal dispute resolution process above ; and (ii) you and LGE have the right to see injuctive or other equitable relief from the federal and state courts located in Arizona. You and LGE each consent to personal jurisdiction in the federal and state courts located in Arizona for any such actions.
- CLASS ACTION WAIVER. YOU AND LGE AGREE TO WAIVE THE RIGHT TO BRING OR OTHERWISE PARTICIPATE IN A CLASS ARBITRATION, CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING (COLLECTIVELY "REPRESENTATIVE PROCEEDING"). THIS MEANS, AMONG OTHER THINGS, THAT YOU AND LGE AGREE THAT ANY AND ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLANTIFF, CLASS ACTION REPRESENTATIVE, CLASS MEMBER, OR PRIVATE ATTORNEY GENERAL IN ANY REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU HAVE KNOWINGLY AND EXPRESSLY WAIVED SUCH RIGHTS.
- Changes to these Terms. GeekPay may make changes to these Terms. If GeekPay makes any changes to these Terms, GeekPay will post the updated version here, and will update the date of the last revision at the bottom of this page. If GeekPay makes a material change to these Terms, GeekPay may also notify you through the GeekPay app or another method of its choosing, such as by email. Your continued use of GeekPay after any such change constitutes acceptance of the amended Terms. If you do not agree to any of these Terms, or any changes GeekPay makes to these Terms in the future, then you should stop using GeekPay.
- Severability. If it turns out that any ter mis not enforceable, this will not affect any other terms.
- No Waiver. If you do not comply with these Terms, and GeekPay doesn’t take action right away, this doesn’t mean that GeekPay is waiving or giving up any rights that it may have (including taking action in the future).
- Questions about these Terms. If you have questions about these Terms, you can send an email to firstname.lastname@example.org.
- Continuity. It is understood that service will be provided as long as software fees are paid without interruption. Our service will include support and any improvements made to this software.
We strive to provide a flawless experience for all of our customers. These disclaimers are simply to let you know one thing: mistakes happen. We cannot be responsible for those mistakes! You must be responsible for any reporting, communication, or any other issues. We are always here to ensure that GeekPay is a joy for you to use. So should any issues arise, just let us know and we will work hard to solve them!
Date of last revision: May 17, 2017