Terms And Conditions
Welcome to CyborPay! These Terms & Conditions ("Terms") govern your access to and use of https://www.cyborpay.com ("Website") and the services provided by CyborPay ("we," "us," or "our"). By accessing or using our Website or services, you agree to be bound by these Terms, which form a legally binding agreement under EU law. If you do not agree, please do not use our Website or services.
1. Acceptance of Terms
These Terms apply to all users ("User," "you," or "your"). We may update these Terms to reflect changes in our services or legal requirements. Updates will be posted on this page with a revised effective date, and significant changes will be notified via email or on our Website. Your continued use after such updates constitutes acceptance of the revised Terms.
2. Description of Services
CyborPay provides an online platform for payment processing, financial transactions, and related services (collectively, "Services"). We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice where required by EU law.
3. Eligibility
To use our Services, you must:
Be at least 18 years old or the age of majority in your EU member state.
Have the legal capacity to enter into binding agreements.
Provide accurate, complete, and current information during registration.
We may refuse service to anyone at our discretion, in accordance with EU anti-discrimination laws.
4. Account Registration and Security
Account Creation: You must create an account to access certain features. You agree to provide truthful information and keep it updated, as required by EU consumer protection laws.
Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately at support@cyborpay.com if you suspect unauthorized use.
Termination: We may suspend or terminate your account if you violate these Terms, engage in fraudulent or illegal activity, or as permitted by law.
5. Use of Services
a. Permitted Use
You may use our Services only for lawful purposes and in compliance with EU laws, including the Payment Services Directive (PSD2) and anti-money laundering regulations.
b. Prohibited Conduct
You may not:
Use the Services for illegal transactions or activities (e.g., money laundering, terrorism financing).
Attempt to disrupt, hack, or overburden our systems.
Provide false or misleading information.
Engage in fraudulent or abusive behavior.
Reverse engineer or extract source code from our Website or Services.
6. Fees and Payments
Service Fees: Fees are clearly outlined on our Website or during the transaction process, in compliance with EU transparency requirements. We may adjust fees with prior notice.
Payment Authorization: By providing payment information, you authorize us (and our third-party processors) to charge your account for applicable fees and transactions.
Refunds: Refunds, where applicable, will follow our refund policy and EU consumer rights (e.g., 14-day withdrawal period for distance contracts, if applicable).
7. Intellectual Property
Ownership: All content, trademarks, logos, and software on the Website and Services are owned by CyborPay or its licensors and protected by EU intellectual property laws.
Limited License: We grant you a non-exclusive, non-transferable, revocable license to use the Services for personal or business purposes, subject to these Terms.
Restrictions: You may not copy, modify, or distribute our content without prior written consent.
8. Third-Party Services
Our Services may integrate with third-party platforms (e.g., banks, payment gateways). We are not responsible for their availability or practices. Your use of such services is subject to their terms and EU law.
9. Consumer Rights
If you are a consumer under EU law (i.e., an individual acting outside a trade or profession):
You may have a 14-day right of withdrawal for certain Services, as per the EU Consumer Rights Directive (2011/83/EU), unless an exemption applies (e.g., financial services executed immediately).
To exercise this right, contact us at support@cyborpay.com before the withdrawal period expires.
10. Disclaimers
As-Is Basis: The Services are provided "as is," subject to mandatory EU consumer protections. We do not guarantee uninterrupted or error-free access beyond what EU law requires.
No Additional Warranties: Except as mandated by EU law (e.g., statutory guarantees), we disclaim implied warranties.
11. Limitation of Liability
To the fullest extent permitted by EU law:
We are not liable for indirect, incidental, or consequential damages (e.g., loss of profits) arising from your use of the Services.
Our liability is limited to the amount of fees you paid us in the preceding 12 months, unless EU consumer law provides otherwise.
Nothing in these Terms excludes liability for death, personal injury, fraud, or other matters where exclusion is prohibited by EU law.
12. Indemnification
You agree to indemnify and hold harmless CyborPay and its affiliates from claims, losses, or damages arising from your breach of these Terms or misuse of the Services, except where such indemnification is unenforceable under EU law.
13. Termination
By You: You may stop using the Services and close your account at any time.
By Us: We may suspend or terminate your access for breach of these Terms, illegal activity, or as permitted by EU law, with notice where required.
Effect: Upon termination, your right to use the Services ceases, but provisions like intellectual property and liability survive.
14. Governing Law and Dispute Resolution
Governing Law: These Terms are governed by the laws of the EU member state where CyborPay is established, supplemented by EU regulations.
Disputes: Disputes will be resolved amicably where possible. If unresolved, you may bring claims before the competent courts of your residence (under EU consumer law) or use the EU Online Dispute Resolution platform at ec.europa.eu/odr.
15. Force Majeure
We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, cyberattacks), as recognized under EU law.
16. Miscellaneous
Entire Agreement: These Terms, alongside our Privacy Policy, form the full agreement between you and CyborPay.
Severability: If any provision is unenforceable under EU law, the remaining provisions remain valid.
No Waiver: Our failure to enforce a right does not waive it.
17. Contact Us
For questions or concerns about these Terms, please reach out to:
Email: support@cyborpay.com
Address: 86 HOŻA street, unit 210, city/town: WARSAW, post-code: 00-682, post: WARSAW, country: POLAND
Thank you for using CyborPay. We aim to provide secure and reliable services in compliance with EU law.