- CloudPay Mobile —Terms of Service
Terms Of Service
Acceptance of Terms
By accessing or using CloudPay Mobile (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.
Description of Service
CloudPay Mobile is a payment platform powered by Host Merchant Services. The Service helps businesses accept payments, manage transactions, send invoices, create Payment Links, manage subscriptions, use the Dashboard, and access related payment tools.
Eligibility
You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization. By using the Service, you represent that you meet these requirements.
Account Registration and Security
You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree to notify us immediately if you believe your account has been accessed without authorization.
Acceptable Use
You agree not to:
- Violate any applicable laws or regulations
- Use the Service for fraudulent or unauthorized activity
- Attempt to gain unauthorized access to the Service or related systems
- Upload malicious code, viruses, or harmful content
- Interfere with platform performance or security
- Share access credentials with unauthorized users
- Use the Service to infringe on the rights of others
- Abuse, overload, or misuse the Service
Data and Content
Your Content
You retain ownership of the business information, customer records, transaction details, and other content you enter into CloudPay Mobile.
You grant Host Merchant Services a limited license to process, store, and display your content only as necessary to provide and operate the Service.
Our Use of Data
We use your data to provide payment, reporting, customer management, billing, and support functionality.
We do not sell your personal information or customer data to third parties.
Pricing and Payment
CloudPay Mobile software may be provided at no additional software cost for eligible Host Merchant Services merchant accounts.
Payment processing fees, merchant account terms, gateway fees, and other related charges may apply based on your merchant services agreement.
Access to CloudPay Mobile may depend on maintaining an active payment processing relationship with Host Merchant Services.
Service Availability
We work to keep CloudPay Mobile available and reliable, but we do not guarantee uninterrupted access.
Service may be unavailable due to maintenance, updates, technical issues, provider outages, or events outside our control.
We are not responsible for losses caused by service interruptions, delays, or downtime.
Intellectual Property
CloudPay Mobile, including its software, design, platform features, documentation, and related materials, is owned by Host Merchant Services or its licensors.
You receive a limited, non-exclusive, non-transferable license to use the Service according to these Terms.
You may not copy, modify, reverse engineer, resell, or misuse any part of the Service.
Third-Party Integrations
CloudPay Mobile may work with third-party service providers, payment gateways, hosting providers, and related technology partners. Your use of certain third-party services may be subject to their own terms and policies. We are not responsible for third-party services, outages, changes, or actions.
Limitation of Liability
To the maximum extent permitted by law, Host Merchant Services shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, business interruption, data loss, or lost revenue arising from use of the Service.
Our total liability for claims related to the Service shall not exceed the amount paid by you to Host Merchant Services for the applicable services during the twelve months preceding the claim.
Indemnification
You agree to indemnify and hold Host Merchant Services harmless from any claims, damages, losses, liabilities, costs, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of applicable laws
- Your misuse of customer or payment information
- Your infringement of third-party rights
Termination
Either party may terminate access to the Service according to applicable agreements.
Upon termination, your access to CloudPay Mobile may cease. Data handling after termination will be managed according to our Privacy Policy and applicable legal or operational requirements.
Sections that by their nature should survive termination will remain in effect.
Changes to Terms
We may update these Terms from time to time.
Material changes may be communicated by email, website notice, or in-product notification. Continued use of CloudPay Mobile after updates means you accept the revised Terms.
Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in San Francisco County, California, unless otherwise required by applicable law.
Entire Agreement
These Terms, together with our Privacy Policy and any applicable merchant services agreement, constitute the entire agreement between you and Host Merchant Services regarding CloudPay Mobile.
Mobile Communications and SMS Data
Collection of Mobile Numbers:
We may collect your mobile phone number when you voluntarily provide it during account registration, appointment scheduling, or when opting in to receive text message (SMS) communications from us. Providing your mobile number is optional; however, doing so allows us to send you appointment reminders, booking confirmations, and other service-related notifications.
Use of Mobile Numbers:
Mobile phone numbers are used solely to deliver service-related communications that you have requested or consented to receive. We do not use mobile numbers for unsolicited marketing or promotional messaging.
Storage of Mobile Numbers:
Mobile phone numbers are stored securely within our cloud infrastructure and are subject to the same data protection practices described in this Privacy Policy. We retain mobile numbers only as long as necessary to provide our services or as required by law.
Sharing of Mobile Numbers:
We do not sell or share mobile or personal data with third parties, affiliates, or partners for marketing or promotional purposes. We only share data with third parties when it is strictly necessary to deliver our service and only under binding agreements that ensure confidentiality. Under no circumstances will mobile data be shared or sold for advertising or promotional use.
Contact
For questions about these Terms, contact us at:
Email: [email protected]