Terms of Service

PAYELLE TERMS OF USE

Last Updated: August 21, 2025

The Payelle mobile application and related services (the “App”) are copyrighted works belonging to Payelle, Inc. (“Payelle”, “Company”, “we”, “us”, or “our”). Certain features of the App may be subject to additional guidelines, terms, or rules, which will be posted in the App in connection with such features. All such additional terms, guidelines, and rules are incorporated into these Terms by reference.

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the App. By downloading, installing, or using the App, or by clicking “I Agree” or a similar button, you (“you” or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy located at payelle.ai. You also represent and warrant that you have the right, authority, and capacity to enter into these Terms on your own behalf or on behalf of any entity you represent.

You may not access or use the App if you are under 18 years of age. If you do not agree to these Terms, do not download, install, or use the App, and uninstall it from your device.

Arbitration Notice. Section 17 of these Terms contains an arbitration agreement. Except for certain types of disputes described in that section, you agree that disputes with Payelle will be resolved by binding, individual arbitration, not in court, and not by jury trial or class action.

We may update or modify these Terms from time to time. Any changes will be effective when posted in the App or on payelle.ai, unless a later date is stated. Your continued use of the App after any changes become effective means you accept the updated Terms.

 

1. Access to the App

1.1 License

Subject to these Terms, Payelle grants you a limited, non exclusive, non transferable, non sublicensable, revocable license to install and use the App on any mobile device that you own or control (each, a “Device”) solely for your personal, non commercial use.

Any access to the App by automated inquiry devices, robots, spiders, scraping tools, data mining tools, or other similar automated mechanisms is expressly prohibited unless you have our prior written consent.

1.2 Restrictions

You agree that you will not, and will not permit any third party to:

1. sublicense, sell, rent, lease, lend, distribute, host, or otherwise commercially exploit the App or any content accessible through the App;
    

2. copy, reproduce, modify, adapt, translate, create derivative works of, disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the App, except to the limited extent that applicable law explicitly permits such activity;
    

3. access or use the App in order to build or support, directly or indirectly, a competing product or service;
    

4. remove, alter, or obscure any proprietary notices (including copyright or trademark notices) on the App;
    

5. attempt to gain unauthorized access to any accounts, systems, or networks connected to the App, including by password mining or other illegitimate means;
    

6. use the App in any manner not permitted by these Terms.
    

Unless expressly stated in these Terms, no rights or licenses are granted to you by implication or otherwise.

1.3 Modification, Suspension, and Discontinuation

We reserve the right at any time, without liability to you, to modify, suspend, or discontinue the App, in whole or in part, with or without notice, including by adding or removing features, content, or functionality.

1.4 No Support or Maintenance

You acknowledge that we have no obligation to provide any maintenance, upgrades, updates, bug fixes, or support for the App, except as required by applicable law or as we expressly agree in writing.

1.5 Ownership

Excluding any Materials that you provide under Section 6, you acknowledge that all right, title, and interest in and to the App and all associated intellectual property rights, including copyrights, trademarks, service marks, logos, trade secrets, and proprietary technology, are owned by Payelle or our licensors. Your use of the App does not transfer any ownership interest or rights in or to the App or any related intellectual property, except for the limited license granted in Section 1.1. All rights not expressly granted in these Terms are reserved by Payelle and its licensors.

 

2. Accounts and Subscriptions

2.1 Account Creation

To access certain features of the App, you must create an account (“Account”) and provide accurate, current, and complete information. You agree to keep this information up to date.

You may close your Account at any time by following the instructions in the App or by contacting us at support@payelle.ai. We may suspend or terminate your Account as described in Section 12.

2.2 Subscriptions and Billing

Registration for a basic Account may be free. We may also offer paid subscription plans with additional features (“Subscriptions”). Details, including pricing and included features, are described in the App or on payelle.ai.

Subscriptions automatically renew at the end of each subscription period (for example, monthly or annually) at the then current price, unless you cancel before the renewal date or unless we notify you of changes as described below.

By purchasing a Subscription, you authorize Payelle or its payment processors to charge your selected payment method for the recurring Subscription fees, together with any applicable taxes and transaction fees. If your payment method fails, we may suspend your access to the Subscription until payment is successfully processed.

We reserve the right to add, remove, or modify features within a Subscription, to introduce new types of Subscriptions, or to discontinue a Subscription offering at any time. If we change the price of your existing Subscription, we will provide you with advance notice, and any price change will take effect at the start of the next billing cycle. If you do not agree with the price change, you may cancel your Subscription before the change takes effect. Your continued use of the Subscription after the price change becomes effective means you accept the updated pricing.

2.3 Cancellation and Refunds

You may cancel your Subscription at any time through your Account settings or as otherwise described in the App. If you cancel, you will continue to have access to the Subscription features through the end of the period you have already paid for. Your Subscription will not renew at the end of that period.

Except to the extent required by law:

1. If you cancel or terminate your Subscription or Account within twenty four (24) hours of your initial Subscription purchase (the “Grace Period”), you may request a refund of pre paid Subscription fees. Refunds during the Grace Period may be processed through the App Store or platform where you purchased the Subscription, and may be subject to their policies.
    

2. After the Grace Period, all payments are final and non refundable, and we do not provide partial or prorated refunds if you cancel during a Subscription period.
    

3. If we terminate your Account or Subscription due to your violation of these Terms, you will not be entitled to any refund.
    

Notwithstanding the above, we may, in our sole discretion, issue a full or partial refund in specific cases, but we are not obligated to do so.

2.4 Account Security

You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. Anyone who has your credentials may be able to use your Account.

You agree to:

1. immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of security, and
    

2. ensure that you log out from your Account at the end of each session on a shared device.
    

We may take any action we consider necessary to protect the security of the App and your Account, including changing passwords, requiring additional verification, or suspending or terminating Accounts.

2.5 Security of Devices and Systems

You are responsible for maintaining the security of the Devices and systems that you use to access the App, including implementing necessary operating system updates, patches, and antivirus protections. You may not use the App to interfere with, gain unauthorized access to, or otherwise compromise the security of any server, network, Device, or data.

 

3. Use of AI, Automations, and Card Recommendations

Payelle may display a countdown timer, automated prompts, or suggested card selections to help streamline your checkout experience. These automated or semi automated features operate based on Payelle’s best available data, internal logic, and reasonable assumptions regarding merchant category codes (MCCs), merchant locations, and card program rules. However, you remain solely responsible for reviewing and confirming the card selected, the merchant location, and the context in which the card will be used before completing any transaction. As our datasets, MCC mappings, issuer rules, and algorithms continue to evolve, there may be instances where a suggested or automatically selected card is not the optimal card for rewards, or where a different MCC or merchant assignment results in reduced or ineligible reward earnings. By using the App, you acknowledge that errors, inaccuracies, or misclassifications may occur and that Payelle is not liable for any lost rewards, incorrect card usage, or other outcomes resulting from reliance on automated selections or recommendations. Payelle provides suggestions and automation tools solely as informational aids, and you agree to indemnify and hold Payelle harmless for any decisions you make based on such tools. It is always your responsibility to double check and confirm the card and merchant information before completing a transaction.

Payelle does not manage, monitor, or have access to your card balances, credit limits, payment due dates, rewards enrollment status, or any other financial obligations associated with your payment cards or accounts. Payelle simply links to the cards you have added to your supported virtual wallet and provides recommendations based on generalized card program information and internal logic; we do not and cannot determine whether you have sufficient available credit, whether a card is near its limit, whether you have activated or enrolled in specific rewards categories, or whether a card is otherwise appropriate for use in a given transaction. You are solely responsible for managing your accounts, paying your balances, monitoring your limits, activating rewards categories, and ensuring that any recommended or suggested card is suitable for your personal financial situation before completing a transaction. By using the App, you acknowledge that all decisions regarding which card to use—including any card surfaced or automated by Payelle prior to tap-to-pay—remain entirely yours, and Payelle is not liable for declines, fees, lost rewards, interest charges, or any other outcomes resulting from your card usage or financial management.

Payelle uses algorithms and artificial intelligence to provide recommendations and automations about which payment card available in your secure mobile wallet may help maximize rewards or benefits for a given transaction (“Recommendations”).

1. No access to financial login credentials. Payelle does not request, store, or have access to your bank account usernames, passwords, or card login credentials. Instead, Payelle connects to supported secure virtual wallet providers, such as Apple Wallet, Google Wallet, or similar third party services, which handle credential management and tokenization.
    

2. Suggestions only. Recommendations are informational only. The final choice of card, where and how you use it, and whether you follow any Recommendation is solely your decision and responsibility.
    

3. Issuer control. Rewards, category definitions, bonus eligibility, fees, interest, earnings, and redemption rules are set solely by the card issuer or wallet provider, not by Payelle. These may change at any time without notice, and Payelle does not control or guarantee them.
    

4. Timers and prompts. The App may display timers, push notifications, or quick action prompts to help you select a card before or during checkout. These tools are intended to assist you but do not guarantee that the suggested card will provide the maximum rewards or benefits in every circumstance.
    

5. No guarantees. While we aim to keep our card rewards data and logic reasonably current and accurate, we make no warranties regarding the completeness, timeliness, or correctness of any Recommendation or rewards estimate.

6. Merchant category codes (MCCs), merchant classifications, and reward eligibility determinations are assigned by payment networks, card issuers, or merchants and may vary by transaction, location, or issuer. Payelle does not control how merchants are categorized or how issuers apply rewards, and such classifications may be inaccurate, inconsistent, or changed without notice.

7. ​

You are solely responsible for verifying the terms of your cards and wallet services and for any decisions you make in reliance on the App.

 

4. Location Services

The App may request or use location information from your Device, such as GPS coordinates or approximate location, to improve Recommendations and functionality, including identifying likely merchant categories.

1. You can control whether location data is shared with the App through your Device settings.
    

2. If you disable location services, some features of the App may be limited or not function properly.
    

3. By enabling location services for the App, you consent to Payelle’s collection and use of location data as described in these Terms and in our Privacy Policy.
    

 

5. Data and Privacy

Your use of the App is also governed by our Privacy Policy at payelle.ai, which explains how we collect, use, store, and share information.

Key points, for clarity:

1. No bank or card login credentials. Payelle does not collect, store, or have direct access to your banking usernames, passwords, or card login credentials. Connections to your cards occur through secure third party virtual wallet integrations that manage tokenization and credential security.
    

2. Transaction and card program data. Payelle may receive transaction related metadata, card program details, and wallet identifiers that are necessary to provide Recommendations, analytics, and automated features.
    

3. Behavioral and technical data. Payelle may collect usage data, device information, and other technical data to improve performance, security, and user experience.
    

4. Aggregated and anonymized data. We may process and retain anonymized or aggregated data derived from your use of the App for analytics, research, and product development. Such data does not identify you personally.
    

5. Security. We use commercially reasonable physical, technical, and administrative safeguards to protect information processed by the App. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
    

 

6. User Materials and Feedback

6.1 User Materials

Any data, content, or other materials that you upload, submit, transmit, or make available through the App, excluding personal data covered by the Privacy Policy, are “Materials”.

You represent and warrant that:

1. you own or have all necessary rights to your Materials, and
    

2. your Materials and your use of them in connection with the App do not violate any law or any third party rights.
    

By uploading or otherwise making Materials available through the App, you grant to Payelle a worldwide, non exclusive, transferable, sublicensable, royalty free license to host, use, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, perform, and display such Materials as necessary to operate, maintain, and provide the App and related services, consistent with our Privacy Policy.

We may, but are not obligated to, review, monitor, or remove any Materials at our sole discretion. We may permanently delete your Materials upon termination of your Account or as otherwise set forth in these Terms.

6.2 Feedback

If you submit feedback, suggestions, ideas, or other information about the App (“Feedback”), you agree that Payelle is free to use such Feedback without restriction and without owing you any compensation or credit. You hereby assign to Payelle all right, title, and interest in and to the Feedback.

You agree not to submit any Feedback that you consider confidential or proprietary.

 

7. Acceptable Use Policy

You agree that you will not use the App to:

1. upload, transmit, or distribute any content that infringes any third party right, including copyrights, trademarks, patents, trade secrets, moral rights, privacy or publicity rights, or other proprietary rights;
    

2. upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, discriminatory, or otherwise objectionable;
    

3. exploit or harm minors in any way;
    

4. upload, transmit, or distribute any viruses, worms, trojan horses, or other malicious or harmful code;
    

5. send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other duplicative or unsolicited messages, whether commercial or otherwise;
    

6. harvest, collect, or gather information about other users, including email addresses or transaction data, without their explicit consent;
    

7. interfere with or disrupt the operation of the App or the servers or networks used to make the App available, or violate any requirements, procedures, policies, or regulations of such networks;
    

8. attempt to gain unauthorized access to the App or to other computer systems or networks that are connected to or used together with the App;
    

9. use any automated means, including scripts, bots, scrapers, or data mining tools, to access or query the App, create multiple accounts, or extract data, except as expressly permitted in writing by Payelle;
    

10. harass, threaten, or interfere with any other user’s enjoyment of the App;
     

11. use the App for any illegal, unauthorized, fraudulent, deceptive, unsafe, or unlawful purpose; or
     

12. use the App in any manner that is inconsistent with these Terms.
     

We may investigate and take any action we consider appropriate, including reporting to law enforcement, suspending or terminating Accounts, and removing content, if we believe any conduct violates these Terms or is otherwise harmful.

 

8. Third Party Links, Services, and Offers

The App may contain links to third party websites, services, or offers, including card issuers, wallet providers, merchants, advertisers, rewards platforms, or other third parties (“Third Party Services”). These Third Party Services are not under Payelle’s control, and Payelle is not responsible for their content, policies, or practices.

Your interactions with Third Party Services, including any agreements, transactions, or use of their websites or apps, are solely between you and those third parties. Such interactions are subject to the terms and privacy policies of the third parties, not these Terms.

Certain functions of the App may rely on or interact with third party terms of use or program rules, for example your card issuer’s rewards program or wallet provider terms. It is your responsibility to review and comply with those third party terms. By using the App, you acknowledge and accept that some functions may not be endorsed by, or may be restricted by, third party providers, and that you assume any associated risks.

​

Any promotional content created by third parties, including influencers or affiliates, reflects the views and disclosures of those parties, and Payelle does not guarantee compliance with advertising laws unless expressly stated in a separate written agreement.

 

9. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP AND ALL INFORMATION, CONTENT, FEATURES, AND RECOMMENDATIONS PROVIDED THROUGH THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WITHOUT LIMITING THE FOREGOING, PAYELLE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON INFRINGEMENT.

Payelle does not warrant that:

1. the App will meet your requirements or expectations;
    

2. the App will be available on an uninterrupted, timely, secure, or error free basis;
    

3. any data, content, or information provided by the App will be accurate, complete, reliable, current, or error free; or
    

4. the App or the servers that make it available are free of viruses or other harmful components.
    

Payelle is not a bank, financial institution, or financial advisor, and the App does not provide financial, investment, legal, or tax advice. You should not rely on the App as a substitute for professional advice and should always consult your own advisors before making financial or other decisions.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, the exclusions apply only to the extent permitted by applicable law.

 

10. Indemnification and Release

10.1 Indemnification

You agree to indemnify, defend, and hold harmless Payelle and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your use of or access to the App;
    

2. your violation of these Terms;
    

3. your violation of any law or the rights of any third party; or
    

4. your Materials.
    

Additionally, you agree to indemnify, defend, and hold harmless Payelle and its officers, directors, employees, agents, owners, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, obligations losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, including without limitation any disputes between you and any card issuer, wallet provider, merchant, bank, or payment processor, and any chargebacks, fines, penalties, or assessments imposed on Payelle or its payment processors arising out of your activity or your violation of any third party terms, program rules, or policies.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. This indemnity applies to the fullest extent permitted by law.

10.2 Release

To the maximum extent permitted by law, you release and forever discharge Payelle and its officers, directors, employees, agents, successors, and assigns from any and all past, present, and future claims, demands, and causes of action arising out of or relating to your use of the App, including any interactions with other users or Third Party Services.

If you are a California resident, you expressly waive California Civil Code Section 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PAYELLE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS of DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF PAYELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYELLE’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF:

1. FIFTY UNITED STATES DOLLARS (USD 50), OR
    

2. THE TOTAL AMOUNT YOU PAID TO PAYELLE FOR SUBSCRIPTIONS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
    

The limitations above apply even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so some of the above limitations may not apply to you. In such cases, Payelle’s liability will be limited to the minimum extent permitted by applicable law.

Payelle’s suppliers and licensors will have no liability to you arising out of or in connection with these Terms or your use of the App.

 

12. Term and Termination

These Terms will remain in effect while you use the App.

You may stop using the App and terminate your Account at any time by following the instructions in the App or by contacting us.

We may suspend or terminate your access to the App and your Account, including your Subscriptions, at any time, with or without notice, if we believe that:

1. you have violated these Terms or any applicable law;
    

2. your actions may cause harm, risk, or legal exposure to Payelle, other users, or third parties; or
    

3. it is reasonably necessary to protect the App, our systems, or other users.
    

If we terminate your Account for reasons other than your material breach of these Terms, you will generally retain access to any paid Subscription features through the end of your current Subscription term. If we terminate your Account due to your material breach, your access to the App and Subscriptions will end immediately, and you will not be entitled to any refund.

Upon termination:

1. your license to use the App will automatically terminate;
    

2. we may delete or anonymize your Materials and other data in accordance with our data retention practices and Privacy Policy; and
    

3. the following sections will survive: Sections 1.2, 1.5, 2.3, 2.4, 2.5, 3 through 11, and 13 through 19.
    

 

13. Intellectual Property and Proprietary Information

The App, including all content, software, algorithms, card matching logic, user interfaces, designs, graphics, text, and the Payelle name, logo, and frog mascot logo, are the proprietary property of Payelle or its licensors and are protected by copyright, trademark, and other laws.

You may not use Payelle’s trademarks, service marks, logos, or trade dress in any manner without Payelle’s prior written consent.

You agree that all information regarding the App’s design, architecture, algorithms, and non public features constitutes confidential and proprietary information of Payelle. You will not disclose, use, or allow others to use such information for any purpose other than as necessary to use the App in accordance with these Terms.

You agree not to challenge, or assist any third party in challenging, Payelle’s ownership of the App or any related intellectual property.

 

14. Third Party and Open Source Components

The App may incorporate or be distributed with third party software or open source components that are subject to separate license terms. To the extent a third party or open source license expressly supersedes these Terms for such components, those license terms will govern your use of those components.

 

15. Devices, Connectivity, and Carrier Costs

You are responsible for obtaining and maintaining any hardware, software, equipment, and internet or data services needed to access and use the App, including any smartphones, tablets, computers, and data plans.

Internet and cellular data services are provided by independent carriers and may be subject to outages or interruptions. During such outages, the App may be unavailable or may not function correctly. Payelle is not responsible for such outages or for any resulting inability to use the App.

You are responsible for all fees charged by your internet service provider, cellular carrier, or other third parties in connection with your use of the App.

We may change the technical requirements or access configuration of the App at any time without prior notice.

 

16. Additional Terms for Apple and Google Platforms

This Section applies when you access or download the App from the Apple App Store, Google Play Store, or other similar platforms (each, a “Mobile Platform”).

1. You agree to comply with all applicable third party terms of your Mobile Platform and your wireless data services agreement when using the App.
    

2. As between Payelle and the Mobile Platform, Payelle is solely responsible for the App. The Mobile Platform has no obligation to provide any maintenance or support services with respect to the App.
    

3. The Mobile Platform and its subsidiaries are third party beneficiaries of these Terms and may enforce these Terms against you as a third party beneficiary.
    

4. In the event of any failure of the App to conform to any applicable warranty, you may notify the Mobile Platform, and such platform may refund the purchase price, if any, paid for the App. To the maximum extent permitted by law, the Mobile Platform will have no other warranty obligation whatsoever with respect to the App.
    

5. As between Payelle and the Mobile Platform, the Mobile Platform will not be responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
    

6. You represent and warrant that you are not located in a country that is subject to a United States government embargo or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
    

 

17. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your rights.

17.1 Agreement to Arbitrate

To the maximum extent permitted by law, you and Payelle agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the breach, termination, enforcement, interpretation, or validity of these Terms (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis, and not in court, except as otherwise provided in this Section.

17.2 Informal Dispute Resolution

Before either party initiates arbitration, the party must first send to the other a written notice of the Dispute that includes the party’s name and contact information, a description of the Dispute, and the relief requested (“Notice of Dispute”). Notices to Payelle must be sent to support@payelle.ai and by mail to the address in Section 19.

After a Notice of Dispute is received, the parties will attempt in good faith to resolve the Dispute informally. If the parties do not reach a resolution within thirty (30) days after the Notice of Dispute is received, either party may commence arbitration.

17.3 Rules and Procedures

Arbitration will be conducted before a single arbitrator under the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Section. The arbitration will take place in Delaware, United States, unless the parties agree in writing to a different location or the arbitrator determines another location or remote proceedings are appropriate.

The arbitrator will have the authority to resolve all issues of arbitrability, including any Dispute about the scope, applicability, interpretation, or enforceability of this arbitration agreement. The arbitrator may award any relief that would be available in a court, subject to the limitations in these Terms.

Judgment on the arbitration award may be entered in any court having jurisdiction.

17.4 Small Claims Court

Either party may instead bring an individual action in a small claims court of competent jurisdiction, rather than arbitration, so long as the matter remains in that court and is not removed or appealed to a court of general jurisdiction.

17.5 Waiver of Jury Trial

You and Payelle knowingly and voluntarily waive any right to a jury trial in any Dispute, whether in arbitration, court, or otherwise.

17.6 Class Action Waiver

You and Payelle agree that Disputes will be resolved on an individual basis only. Neither you nor Payelle may bring a claim as a plaintiff or class member in a class, consolidated, representative, or private attorney general action. The arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of class or representative proceeding.

If any part of this class action waiver is found to be unenforceable, this entire arbitration agreement will be null and void as to that Dispute and the Dispute must be brought in court, not in arbitration.

17.7 Confidentiality

All aspects of any arbitration proceeding, including the award, will be kept confidential by the parties, except as necessary to enforce an award or as required by law.

 

18. Export and Regulatory Matters, Electronic Communications

18.1 Export Control

The App may be subject to United States export control laws and regulations. You may not export, re export, or transfer the App or any related technical data in violation of applicable export laws.

18.2 Consumer Rights and Disclosures

If you are a resident of a jurisdiction that provides specific consumer rights or notice requirements, those rights may apply to you in addition to these Terms as required by law.

18.3 Electronic Communications

You agree that communications and transactions between you and Payelle may be conducted electronically. This includes notices, disclosures, and other communications that we provide to you electronically through the App, by email, or by posting on payelle.ai. Such communications satisfy any legal requirement that they be in writing, to the fullest extent permitted by law.

 

19. General Provisions

1. Entire Agreement. These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Payelle regarding the App and supersede any prior or contemporaneous agreements on that subject.
    

2. Assignment. You may not assign, delegate, or transfer these Terms or any rights or obligations under them without Payelle’s prior written consent. Payelle may freely assign or transfer these Terms, in whole or in part, without restriction.
    

3. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    

4. No Waiver. Payelle’s failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
    

5. Relationship of the Parties. Your relationship with Payelle is that of an independent user. These Terms do not create a partnership, joint venture, employment, or agency relationship.
    

6. Governing Law and Venue. Except to the extent preempted by arbitration under Section 17, these Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Subject to Section 17, any legal action arising from or related to these Terms must be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of such courts.
    

7. Headings. Section titles and headings are for convenience only and have no legal or contractual effect.
    

8. Interpretation. The word “including” means “including but not limited to”.
    

 

20. Contact Information

If you have questions about these Terms or the App, you may contact us at:

Payelle, Inc.
Email: support@payelle.ai
Website: www.payelle.ai