Legal
Business Terms of Use
OVE, Inc.
3423 Fillmore Street, apt 202, San Francisco CA, 94123 USA.
Contact: +1(415) 689-0065
Effective Date: May 1st, 2022
This web page represents a legal document and is the Terms of Use when you are using our Website www.ovetouchngo.com, any mobile applications (OVE Touch & Go and OVE Touch & Go Business), any software, and any hardware (OVE Sensor), hereinafter and collectively referred to as our Services. By using our Services, you agree to fully comply with and be bound by the following Terms of Use each time you use our Website. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to these Terms and that business accepts these Terms.
Topics Covered in Our Business Terms of Use
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BUSINESS ACCOUNT REGISTRATION
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PRIVACY
1. Business Account Registration
You must open an account with us (“OVE”) to use our Services. During registration, we will ask you for personal data. You must provide accurate and complete information in response to our questions, and you must keep your information up to date. You are fully responsible for all activity that occurs under your OVE account, including for any actions taken by persons to whom you have granted access to the OVE account. We Reserve the right to change the account type, suspend or terminate the OVE account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements or this Terms of Use.
2. Revisions, Disclosures and Notices
We Reserve the right to change this Terms of Use at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms of Use, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website and Services after any change to this Terms of Use and our telling you will constitute your acceptance of such change. If you do not agree with the changes, you can choose to discontinue the use of our Website and Services.
3. Member Conduct
Members may post their content to our Website (Member Content). Members and Visitors understand that by using our Website or Products, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. OVE, Inc. is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, we will submit all necessary information to relevant authorities. If any Member Content is reported to OVE, Inc. as being offensive or inappropriate, we may ask the Member to retract or modify the questionable content within 24 hours of being notified by us. If the Member fails to meet such a request, we have full authority to restrict the Member’s ability to post Member Content or to immediately terminate the Member’s use of our Website and Products without further notice to the Member. We have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal, state, and global laws for their content, including copyright and trademark laws. You warrant that you will not use our Website or Products to infringe on the intellectual property rights of others in any way. Following the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of terminating Members whom we judge, in our sole discretion, to be infringers of others’ intellectual property rights.
As a User, you agree not to use our Website or Products to do any of the following:
Upload, post, or transmit any Member Content that:
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Violates any local, state, federal, or international laws
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Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
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Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
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Links directly or indirectly to any materials to which you do not have a right to link
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Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
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Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Products
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Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
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In the sole judgment of OVE, Inc. is objectionable or restricts or inhibits any other person from using or enjoying our Website or Products, or which may expose OVE, Inc., our affiliates, or our Users to any harm or liability of any type
Use our Content to:
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Develop a competing website
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Create compilations or derivative works as defined under United States copyright laws
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Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
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Decompile, disassemble, or reverse engineer our Website, Products, and any related software
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Use our Website or Products in any manner that violates this Agreement or any local, state, federal, or international laws
4. Compatible Mobile Devices and Tablets and Third-Party Carries
We do not warrant that the Services will be compatible with your mobile device, computers, tablets, or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device carrier.
5. Your Content
You retain all rights to your content when you upload it to our Services, but you do give us the right to a license to use the information and materials you post on our Website. By posting, displaying, transmitting, performing, or distributing information or other content (“Member Content”) to our Website, you are granting OVE, Inc. its officers, directors, employees, agents, consultants, representatives, and affiliates, a license to use the Member Content about the operation of the business of OVE, Inc., its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Products, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
Although we have no obligation to monitor any content, we have absolute discretion to remove content at any time and for any reason without notice. OVE may also monitor such Content to detect and prevent fraudulent activity or violations of OVE’s Terms of Use. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any content, including any loss or damage to any of your Content.
6. Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Products does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of OVE, Inc. Our Content, as found within our Website and Products, is protected under the United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Products does not grant you any ownership rights to our Content.
7. Security
We have applied technical measures designed to help secure your personal data from accidental destruction, loss, alteration, and unauthorized access. However, the internet is not 100% secure and we cannot guarantee that unauthorized third parties will never be able to overcome those methods or use your personal data for unacceptable purposes. You provide your personal data at your own risk. You are responsible for protecting your passwords and or pin numbers for restricting access to the Services. You will notify us immediately of any unauthorized use of your account. You will take all reasonable steps to mitigate the effects of a security breach and will cooperate with OVE and provide all information requested by OVE to help remedy the breach.
8. Privacy
Your Personal Information
By using any of our Services, you agree with our data practices, as defined in our General Privacy Notice. The Privacy Notice explains how OVE collects, uses, and protects the personal data you provide to us where OVE makes use of your personal data to provide you with the Services.
9. Communication
‘Text Messaging, SMS, Push Notifications, Telephone Calls, and Email’
If you provide an email address, mobile telephone number, or landline telephone number to us, you are giving your express consent and authorize us or a third party to contact you by using any of these communication methods. You are not required to give us your consent to contact you through these communication methods. However, withholding your consent may interfere with or prevent us from providing some or all of our services to you. You can stop receiving emails, text messages, push notifications, and telephone calls at any time by contacting us or using one of our opt-out methods.
10. Taxes
Taxes include all present or future taxes you are obligated to pay, or taxes OVE may be obligated to collect. Unless otherwise stated, all paid Services Fees do not include any taxes. However, you are liable for determining all taxes required that are to be collected, paid, or withheld for your use of the Services. OVE may charge taxes, as required by law which you agree to pay unless you provide OVE with the appropriate documents that show you have satisfied your tax and legal requirements.
11. Termination of User Privileges
Your membership or User privileges with us are effective until terminated by you or us. Your rights under this Terms of Use will terminate without our notice if you fail to comply with any term of this Terms of Use. On termination, you will stop representing yourself as a Member or User. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Terms of Use, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.
12. Ownership of Intellectual Property
Our Services are protected under the United States trademark, copyright, patent and other laws. We own all rights, interests, and titles in the Services. These Terms of Use do not grant you any rights to use our trademarks or other service marks. For these Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, service mark rights, goodwill, and trade secret rights.
13. Indemnity
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use or use of our Services.
14. Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these Terms of Use; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms.
15. No Warranties
OVE, Inc. is not responsible or liable in any manner for any Content posted on our Website or in connection with our Products, whether posted or caused by Members of our Website, or by OVE, Inc. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Products, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Products. OVE, Inc. is not responsible for the online or offline conduct of any User of our Website or Products. Our Website or Products may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.
OVE, Inc. is not responsible for any technical problem or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or any failure of email because of technical problems or traffic congestion on the internet, or any combination–including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software–related to or resulting from the use or downloading of materials in connection with our Website or Products, including, without limitation, any software provided through our Website or Products.
Under no circumstances will OVE, Inc. be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Products, or any interactions between Users of our Website or Products, whether online or offline. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or used by our Products.
16. Limitation of Liability and Damages
IN NO EVENT WILL OVE, Inc. OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF OVE, Inc. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, OVE, Inc.’s LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR WEBSITE AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
17. Linking to Our Website
You may provide links to our Website if (a) you do not remove or obscure any portion of our Website by framing, (b) your website does not engage in illegal or pornographic activities, and (c) you stop providing links to our Website immediately on our request.
18. Biding Individual Arbitration
Any legal controversy or claim arising from or relating to this Terms of Service, excluding legal action taken by us to collect or recover damages for–or obtain any injunction relating to – intellectual property and our Services, will be settled solely by binding arbitration under the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in San Francisco California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco California necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
19. Governing Law
This Terms of Use will be treated as if it were executed and performed in San Francisco California and will be governed by and construed under the laws of the state of California without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you concerning our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
20. Limitation on Time to Initiate a Dispute
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
21. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
22. Other Provisions
These Terms of Use, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and OVE regarding the Services. In the event of a conflict between these Terms of Use and any other OVE agreement or Policy, these Terms of Use will prevail and control the subject matter of such conflict. If any provision of these Terms of Use or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms of Use do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term.
23. OVE Discounts
OVE, Inc. wants to encourage OVE Customers to spend money at your place of business. Using the OVE Discount model, we will determine and produce an $X dollar(s) and it will be distributed to “X” number of customers. OVE Customers will get a notice on their OVE application with an OVE Discount $X dollars to be spent at “X” business location (this can be your business location) or any other part of OVE’s business. If a customer applies the OVE Discount at your business, the OVE system will automatically credit to your OVE account the $X dollars used by the OVE Customer. With our OVE Discount model, we will help increase sales at your place of business, and also increase your foot traffic.
24. OVE Touch & Go Business E-Sign Service
OVE, Inc. its third-party service providers, and affiliates might need to provide you with certain communications, billing statements, agreements, or disclosures in writing (“Communications”) about our Services. Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from OVE, its third-party service providers, and affiliates, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). If you do not agree to this Consent or you withdraw your consent, you may not be able to use our Services.
25. OVE Hardware Limited Warranty
OVE warrants your OVE Hardware against defects in materials and workmanship under normal use for one (1) year from the date of shipping. OVE will replace defective OVE Hardware free of charge. You must return the defective OVE Hardware to OVE at the specified address and in the authorized box, with all original accessories, parts, cables, cords, and documentation, within fourteen (14) days of receiving your replacement OVE Hardware. You must provide a payment card number to OVE when you begin a warranty-based return.
If you do not return your defective OVE Hardware according to our process and time frame specified by OVE, we will charge either your OVE account (if there is a Balance) or the card you provided when you initiated your warranty-based return. This limited warranty is only available to you as the original purchaser of the OVE Hardware. Warranty coverage terminates if you sell or transfer your OVE Hardware. No OVE reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. To initiate a warranty-based return, contact OVE support at support@ovetouchngo.com. This limited warranty does not apply to OVE Hardware that has been altered, tampered with, repaired, abused, misused, exposed to fire, acts of God including, including earthquakes, hurricanes, floods, lightning, tornados, or other outside causes.
This limited warranty does not apply to any Third-Party Hardware, any consumable parts, including batteries, or any software, even if resold or included with the OVE Hardware. All Third-Party Hardware resold or included by OVE is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its Product. For service, support, or warranty assistance, you should contact the manufacturer directly.
IN NO EVENT WILL OVE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, PRODUCTS, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR PRODUCTS, EVEN IF OVE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DESPITE ANYTHING TO THE CONTRARY HERE, OVE’s LIABILITY TO YOU FOR ANY CAUSE AT ALL, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ALWAYS BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR WEBSITE, SERVICES, AND/OR PRODUCTS ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP BEFORE THE EVENT RESULTING IN LIABILITY.
26. Electronic Signatures and Delivery of Communications
OVE may provide all Communications electronically by text message, email, or by OVE websites or applications. Communications include, (1) policies and agreements required to use OVE Services (2) payment transactions receipts and conformations (3) account statements, (4) state and federal tax documents. Electronic signatures may be used to get them from you.
26a. System Requirements
To use and keep electronic communications from us, you will need the following:
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A mobile device or computer with internet or mobile access
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A web browser with 256-bit encryption;
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The browser must have cookies enabled. Using browser extensions may weaken full website functionality; and
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Minimum recommended browsers are the most recent versions of Mozilla Firefox (see http://www.mozilla.com for the latest version), Apple Safari (see http://www.apple.com/safari for the latest version), or Google Chrome (see http://www.google.com/chrome for the latest version).
For application-based Communications;
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A current device that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and
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The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
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Ability to access the email address used to set up an account for OVE Services.
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Enough storage space to store Communications or a printer to print them.
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If you use a spam filter that blocks emails from senders not listed in your address book, you must add noreply@ovetouchngo.com to your email address book.
26b. Communications Delivered by Paper Delivery
You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to OVE, Inc. at 3423 Fillmore street, apt 202, San Francisco, California 94123, USA, Attn: Customer Support - Legal (“OVE Address”) within 180 days of the date of the Disclosure, specifying in detail the Communication you would like to receive.
26c. Withdrawal of Consent to Receive Electronic Communications
You can withdraw your consent to get electronic communications at any time, by writing to the OVE Address. Withdrawal of your consent to receive electronic communications can result in termination of your ability to use our Services. Withdrawal of your consent will be effective after processing your request. OVE will confirm the withdrawal of your consent and its effective date in either electronic or paper form.
26d. Updating Your Email Address
You can update your email address by writing to the OVE Address. You can also change your email address through the Services.
27. OVE Sensor Shop and Return Policy
This Sales and Return Policy applies to your purchase of OVE hardware (“OVE Sensor”).
27a. Shipping
Products will be using a carrier chosen by us. Your shipping method, estimated time, and any shipping fees will be shown on your checkout page. There may be times when we will be unable to meet your delivery dates because of low product inventory. Because there are certain events beyond our control after products have been shipped and given to the carrier, we are not liable or responsible for damaged products.
27b. Returning Products and Refunds
If you are not satisfied with the purchase of our Product, you can return your Product within thirty (30) days of delivery so long as it is in the original condition and packaging and the packaging slip is enclosed with the return. We will issue a full refund of your purchase price and pay for the cost of returning the product. You must return all Products, cables, parts, cords, and documentation that were included with the original package. Refunds will be applied to the original purchase method. Only Products purchased from OVE can be returned to OVE.
27c. Product Availability
From time to time, we may be unable to manufacture or get an adequate supply of Products.
There also may be times when we receive your order but later learn that we cannot fill your order. We have the right to change or limit quantities available to buy
In addition, there may be occasions when we confirm your order but subsequently learn that we are unable to supply your Products. Therefore, we Reserve the right at any time to limit or change quantities available for purchase or to cancel your order. If we have to cancel your order, your purchase price will be refunded in full.
27d. End Users Customers
We sell and ship our Products only to companies located in the United States for their own use. We do not sell Products to companies in Puerto Rico, Guam, American Samoa the US Virgin Islands, or the Northern Mariana Islands. Our Products are not supported in some territories. Our products are not for resale and will have the right to cancel or refuse your order if we think you are reselling our products.
You may not purchase Products for resale, and we Reserve the right to refuse or cancel your order if we believe you will do so. Your use of the Products is governed by OVE’s Terms of Use and related agreements and policies available at https://ovetouchngo.com/generalprivacynotice-documentation.
28. Payment Terms
By using OVE, Inc. fingerprint payment processing service (“Payment Service”), you agree to be bound by the Terms of Use, these additional terms and conditions (“Payment Terms”), and all other terms, policies, and guidelines applicable to the Services (as defined in the Terms of Use) used. If you are using the Payment Services on behalf of a business, that business accepts these terms and you represent to us that you have authority to bind that business or entity to these terms. Payment Services may only be used for business purposes in the fifty states of the United States of America and the District of Columbia.
28a. Types of Credit Card we accept
OVE is a payment facilitator that allows you to accept fingerprints linked to Bank accounts, Cards and Crypto wallets from customers for the payment for goods and services. We are not a bank and do not offer banking services. Our Payment Services allow you to accept payments from any US issued and most non-US issued credit cards bearing the trademarks of American Express Travel Related Services Company, Inc. (“American Express”), DFS Services, LLC (“Discover''), MasterCard International Inc. (“MasterCard”), Visa Inc. (“Visa”), Diners Club International (“Diners”), China UnionPay (“UnionPay”) and JCB Co., Ltd. (“Japan Credit Bureau”). Your customers can also pay through ACH transactions using Plaid to add their bank accounts to their OVE accounts. The ability to pay using cryptocurrencies is not available at this moment and we will notify you once it is available.
28b. Industries That Are Unsupported
You cannot use our Payment Services for the following businesses or business activities: (1) any illegal activity or goods, (2) buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit, including re-importation of pharmaceuticals from foreign countries), (8) unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (15) manual or automated cash disbursements, (16) prepaid cards, checks, insurance or other financial merchandise or services, (17) sales of money orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) automated fuel dispensers, (21) adult entertainment oriented products or services in any medium. (22) sales of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury (23) internet/mail order/telephone order of age-restricted products (e.g., tobacco), (24) occult materials and services, (26) escort services, or (27) bankruptcy attorneys or collection agencies engaged in the collection of debt.
28c. Ove’s Fees
You agree to pay the fee of 3.05% + 30 cents per successful payment done through a fingerprint linked to any of the payment options described in Section 28a. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance (as defined in Section 28m) in your OVE account. You also grant us Recovery Authorization, which we may utilize to recover the fees you owe us. Subject to the Terms of Use and these Payment Terms, we Reserve the right to change the Fees upon reasonable advance notice. All Balances and all Fees, charges, and payments collected or paid through the Payment Services are in US dollars.
28d. Processing Errors
We will try to fix the processing errors that we discover. If an error results in your receipt of fewer funds than you are entitled to, we will credit your OVE account for the difference. You grant us Recovery Authorizations concerning processing errors. If an error results in your receipt of more funds than you are entitled to, OVE may recover the extra funds from you. We will only correct transactions that you process incorrectly if you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
28e. OVE Business Account Registration for Payment Services
You must open an OVE account to access any Proceeds. You confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state(s) in which you operate and that you are an authorized signatory for the business you represent. You must use your or your business’ true and accurate name when opening an OVE account. This name will appear on the credit card statements of your customers for all payments you accept using the Payment Services.
28f. Identity Verification and Underwriting
You authorize OVE to request identity verifying information about you during registration and sign up, including a consumer report that contains your name and address. OVE may periodically obtain additional reports to determine whether you continue to meet the requirements for an OVE account.
28g. Requests for Information and Inspections
OVE may ask for additional information from you at any time. OVE may request that you present invoices from your suppliers, government-issued identification such as a passport or driver’s license, a business license, or other information. OVE may also ask for permission to inspect your business location. If you refuse any of these requests, your OVE account may be suspended or terminated.
28h. Access to Proceeds
We will settle Proceeds to your verified bank account or other account approved by OVE, subject to the payout schedule described in Section 28i. If OVE is not able to debit or credit the bank account you link to your OVE account, that bank account will be de-linked from your OVE account. You must request an ACH-enabled bank account for your OVE account to receive your Proceeds.
28i. OVE Payout Schedule
OVE will automatically initiate a payout of Proceeds to your linked US bank account on the following day of the business day at 2 a.m. PT (5 p.m. ET), except on Friday, Saturday, and Sunday (which such payout of Friday, Saturday, and Sunday Proceeds are initiated the following Monday after 2 a.m. PT (5 p.m. ET).
28j. When Proceeds become Available
We may defer payout or restrict access to your Proceeds if we need to conduct an investigation or resolve any pending dispute related to your use of the Services, or under our Terms. We also may restrict access to your Proceeds as necessary to comply with applicable law or court orders.
28k. OVE Account History
When a payment is made to your OVE account, we will update your OVE account activity on the OVE application and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your OVE account activity, including monthly statements, are available on our OVE application for up to one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your OVE account and your use of the Payment Services, and (b) reconciling all transactional information that is associated with your OVE account. If you believe that there is an error or unauthorized transaction activity is associated with your OVE account, you must contact us immediately.
28l. Holding Funds for a Reserve
We may withhold funds by temporarily suspending or delaying payouts of Proceeds to you and/or designate a number of funds that you must maintain in your OVE accounts or in a separate Reserve account (a “Reserve”) to secure the performance of your obligations under any agreement between you and OVE. The Reserve may also be used to satisfy OVE’s obligations to hold or remit funds as required by any creditor or governmental authority, including levies, liens, or garnishments. We may require a Reserve for any reason related to your use of the Services. The Reserve will be in an amount as reasonably determined by us to cover potential losses to OVE.
The Reserve may be raised, reduced, or removed at any time by OVE, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in OVE’s favor, or otherwise as OVE or its processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your OVE accounts, including any funds (a) transferred by you, (b) due to you, or (c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve or any bank account linked to any of your OVE accounts, without prior notice to you, to collect amounts that you owe us. You will execute any additional documentation required for us to create, and perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve.
28m. OVE Account Balances
While you have funds in your OVE account (your “Balance”), your Balance will be commingled and held with other participants’ funds in one or more pooled accounts at one or more banks by us on your behalf and for the benefit of you and others holding balances (each a “Pooled Account”). We have sole discretion over the establishment and maintenance of any pooled account. We will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Payment Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a Pooled Account or Reserve.
28n. Security Interest
You grant us a security interest in, as well as a right to setoff against, and assign, convey, deliver, pledge and transfer to us, as security for repayment of any obligations due under these Payment Terms and any other agreement you have with us, all of your right, title, and interest in and to all of your accounts with us. You will execute any additional documentation required for us to create, perfect, or maintain our security interest. You grant us Recovery Authorizations concerning funds you are obligated to repay us. You authorize us to administratively freeze or direct any third-party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge, and setoff rights as provided for in this section.
Your failure to fully pay the amounts that you owe us on demand will be a breach of these terms. You are liable for any of our costs and expenses associated with collection in addition to any amounts owed, including attorneys’ fees and other legal expenses, collection agency fees, and any applicable interest.
28o. Inactive OVE accounts
If you do not process payments through your OVE account for a specific period of time or have not linked a valid bank account, you may have a Balance that is deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, OVE will provide you with notice as required by applicable law and instructions for how to transfer your Balance. If funds remain in your OVE account, OVE will escheat such funds as required by applicable law or, as permitted, to OVE.
28p. Chargeback Liability
There may be times when your customer may not be the authorized user of the Card or other payment method, or your customer may otherwise contest the transaction. In these instances, the amount of a transaction may be reversed or charged back to your OVE accounts (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a customer or its financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the Terms of Use or these Payment Terms. You agree to comply with the Chargeback process and to the liability associated with such Chargebacks.
28q. Our Collection Rights for Chargebacks
For a transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. You grant us Recovery Authorizations concerning Chargebacks according to which we may recover the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by a Network or our processor. If you have pending Chargebacks, we may delay payouts from your OVE account. If we reasonably believe that a Chargeback is likely concerning any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you until such time that (a) a Chargeback is assessed due to a customer complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which your customer may dispute that the transaction has expired, or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you agree to pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys’ fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
28r. Excessive Chargebacks
If we believe you might incur, or you are incurring, an excessive amount of Chargebacks, we may establish additional conditions governing your OVE account, including (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Payment Services.
28s. Contesting Chargebacks
You will assist us when requested, at your expense, to investigate any of your transactions processed through Payment Services. To that end, you permit us to share information about a Chargeback with the customer, the customer’s financial institution, and your financial institution to investigate and/or mediate a Chargeback. We will request the necessary information from you to contest the Chargeback. We may also use any Content you upload through the Services to respond to Chargebacks on your behalf. If the Chargeback is contested successfully, we will release corresponding reserved funds to your OVE account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in these terms. You acknowledge that your failure to assist us promptly when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
28t. Restricted Use
You will not act as a payment facilitator or otherwise resell the Payment Services to any third party. You will not use the Payment Services to handle, process, or transmit funds for any third party. You also may not use Payment Services to process cash advances.
28u. Unauthorized or Illegal Use
You will only accept fingerprints linked to Bank accounts, Cards, and Crypto wallets for transactions that are allowed by applicable law. We may decide to refund and/or decline to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with OVE, or that it exposes you, your customers, other OVE Sellers, our processors or OVE to harm. Harm includes fraud and other criminal acts. If we suspect that your OVE account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your OVE account, and any of your transactions with law enforcement and, as deemed necessary by OVE, our payment processing, and financial institution partners.
28v. Payment Network Rules
You represent and warrant that if you are buying something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur because of the dishonored payment.
28w. Refunds and Returns
By using the Payment Services, you authorize us to recover funds from you following these Payment Terms, the Terms of Use, and any other agreement you have with us (“Recovery Authorizations.”). Recovery Authorizations include your authorization of OVE to debit, charge, setoff against, and otherwise recover funds from any connected OVE account, any Balance (as defined in these Payment Terms) any Reserve (as defined in these Payment Terms), any payment instrument, linked bank, depository and other account registered in your OVE account.
Further, if any attempt to recover funds from you should fail, Recovery Authorizations include your grant to OVE of new, original authorizations to recover all or less than all of the amount you owe us and/or belong to us. Recovery Authorizations include all authorizations to take the above steps without prior notice to you and irrespective of (i) whether we have made a demand under these Payment Terms, the General Terms, or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Recovery Authorizations include all authorizations to take the above steps in complete compliance with the Network Rules (as defined in these Payment Terms) and the National Automated Clearing House Association -The Electronic Payments Association Operating Rules and Guidelines (“NACHA Rules”). You agree that your grant of Recovery Authorizations to us has the same legal effect as if you had signed a paper containing the same terms.
By accepting fingerprints linked to Bank accounts, Cards, and cryptocurrencies transactions through the Payment Services, you agree to process returns of and provide refunds and adjustments for, your goods or services through your OVE account under these Payment Terms and Network Rules. Network Rules require that you disclose your return or cancellation policy to customers at the time of purchase. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the customer for postage that the customer paid to return merchandise. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a Chargeback relating to such sales. You can process a refund through your OVE account up to one hundred and twenty (120) days from the day you accepted the payment. If your available OVE Balance is insufficient to cover the refund, we may exercise any of our rights outlined in Section 28z, including withdrawing up to the requested refund amount (the sale amount minus the initial transaction fee) from a payment instrument registered with your OVE account or any connected OVE account, including any Reserve, and credit it back into your customer’s Bank account, Card and Crypto wallet. The Fees are also refunded by OVE, so the full purchase amount is always returned to your customer. OVE has no obligation to accept any returns of any of your goods or services on your behalf.
28x. Additional Indemnity
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Products.
28y. Additional Representations, Warranties, and Covenants
In addition to Section 15 of the Terms of Use, with each Bank account, Card or Crypto wallet transaction you process through the Payment Services, you represent, warrant and covenant to us that: (a) the Bank account, Card or Crypto wallet transaction represents a bona fide sale; (b) the Bank account, Card or Crypto wallet transaction accurately describes the goods and/or services provided to the customer; (c) you will fulfill all of your obligations to the customer and will resolve any dispute or complaint directly with the customer; (d) you and the Bank account, Card or Crypto wallet transaction comply with all federal, state, and local laws, rules, and regulations applicable to you and your business, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own Bank account, Card or Crypto wallet.
28z. Termination of Payment Services
OVE may terminate your use of the Payment Services at any time for any reason. Any termination of these terms does not relieve you of obligations to pay Fees or costs accrued before the termination, Chargebacks, and any other amounts owed to us as provided in these Payment Terms or the Terms of Service. If your access to Payment Services has been terminated, you may still be permitted to use OVE’s other products, subject to our discretion.
28aa. Payment Services Upon Closure of Your OVE Account
Closure of your OVE account will cancel any pending transactions. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid out according to your payout schedule, subject to the other conditions in these Payment Terms. If an investigation is pending at the time you close your OVE account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds, we will release those funds to you.
28bb. Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.