Terms of Service
1. Acceptance of Terms
By accessing or using the services provided by Nizam LLC (“we”, “us”, “our”), including any software, applications, websites, or payment processing services (“Services”), you (“you”, “your”, “user”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.
2. Description of Services
We provide software-as-a-service solutions, which may include but are not limited to:
- Tap-to-Pay Donation Kiosk Services: This includes the provision of software that enables Tap-to-Pay donation functionality on customer-owned tablet devices. Services also include:
- Software Maintenance & Updates: Ensuring the Tap-to-Pay application remains functional and up-to-date.
- Customer Support: Assistance with software-related issues and inquiries, with a guaranteed response time of 24-48 hours.
- Data Transmission & Processing: Enabling secure donation transactions.
By accessing or using the services provided by Nizam LLC (“we”, “us”, “our”), including any software, applications, websites, or payment processing services (“Services”), you (“you”, “your”, “user”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Services.
2. Description of Services
We provide software-as-a-service solutions, which may include but are not limited to:
- Tap-to-Pay Donation Kiosk Services: This includes the provision of software that enables Tap-to-Pay donation functionality on customer-owned tablet devices. Services also include:
- Software Maintenance & Updates: Ensuring the Tap-to-Pay application remains functional and up-to-date.
- Customer Support: Assistance with software-related issues and inquiries, with a guaranteed response time of 24-48 hours.
- Data Transmission & Processing: Enabling secure donation transactions.
Device Related Terms:
The initial invoice for the Tap-to-Pay donation kiosk includes the one-time purchase of the tablet device, thereby transferring ownership to the customer. The tablet device is subject to a one-year manufacturer's limited warranty, which expressly excludes damage resulting from misuse, tampering, or accidental damage. Nizam LLC will evaluate requests for tablet replacement due to general slowness or performance degradation on a case-by-case basis. Factors considered will include, but are not limited to, the tablet's physical condition, the overall performance of the customer's other kiosks, and the nature of the reported issue. Damage that indicates misuse or accidental damage, including but not limited to cracked screens or evidence of physical impact, will void any potential replacement by Nizam LLC beyond the manufacturer's warranty.
3. Account Registration and Use
You may need to create an account to access certain Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information to keep it current. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms.
4. Payment Processing
We use Stripe to process payments for our Services, including monthly service fees for the Tap-to-Pay kiosk. By using our Services, you agree to be bound by Stripe’s Terms of Service and Privacy Policy. You authorize us to charge your designated payment method for all fees and charges related to your use of the Services. You are responsible for any applicable taxes or fees associated with your use of the Services.
5. Intellectual Property
All intellectual property rights in the Services, including any software, applications, websites, and content, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.
6. Termination
We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, you will no longer have access to the Services and any data or content associated with your account may be deleted. Termination of these Terms will not affect any rights or obligations that accrued prior to termination.
7. Disclaimer of Warranties
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. Nizam LLC disclaims any warranty regarding the tablet device hardware, beyond the manufacturer’s limited warranty. Any hardware replacement is subject to the terms stipulated in section 2, Description of Services.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your access to or use of or inability to access or use the Services; Any conduct or content of any third party on the Services; Any unauthorized access, use, or alteration of your transmissions or content. Nizam LLC’s liability pertaining to the tablet device hardware is limited to the terms of the manufacturer’s limited warranty and the device replacement policy delineated in section 2, Description of Services. In no event shall Nizam LLC be liable for damages resulting from customer misuse or accidental damage to the tablet device.
9. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
10. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or through the Services. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.ReplyForwardAdd reaction
3. Account Registration and Use
You may need to create an account to access certain Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information when creating an account and to update your information to keep it current. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms.
4. Payment Processing
We use Stripe to process payments for our Services, including monthly service fees for the Tap-to-Pay kiosk. By using our Services, you agree to be bound by Stripe’s Terms of Service and Privacy Policy. You authorize us to charge your designated payment method for all fees and charges related to your use of the Services. You are responsible for any applicable taxes or fees associated with your use of the Services.
5. Intellectual Property
All intellectual property rights in the Services, including any software, applications, websites, and content, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services.
6. Termination
We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, you will no longer have access to the Services and any data or content associated with your account may be deleted. Termination of these Terms will not affect any rights or obligations that accrued prior to termination.
7. Disclaimer of Warranties
The Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected. Nizam LLC disclaims any warranty regarding the tablet device hardware, beyond the manufacturer’s limited warranty. Any hardware replacement is subject to the terms stipulated in section 2, Description of Services.
8. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: Your access to or use of or inability to access or use the Services; Any conduct or content of any third party on the Services; Any unauthorized access, use, or alteration of your transmissions or content. Nizam LLC’s liability pertaining to the tablet device hardware is limited to the terms of the manufacturer’s limited warranty and the device replacement policy delineated in section 2, Description of Services. In no event shall Nizam LLC be liable for damages resulting from customer misuse or accidental damage to the tablet device.
9. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the United States of America, without giving effect to any principles of conflicts of law. Any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
10. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website or through the Services. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms.ReplyForwardAdd reaction