Terms & Conditions
Effective Date: January 16, 2025
These Terms and Conditions (“Terms”) govern your access to and use of the PayX mobile application (“App”) and the PayX website (www.PayXUSA.com) (“Website”), provided by Merced Companies Inc. (“Merced Companies,” “we,” “us,” or “our”). By using the App or Website, you agree to comply with these Terms. If you do not agree with these Terms, please do not use the App or Website.
1. Definitions
For clarity, the following definitions apply throughout these Terms
- “Services” refers to all features, functionalities, and content provided through the App and Website.
- “App” refers to the PayX mobile application.
- “Website” refers to the PayX website located at www.PayXUSA.com.
- “User” refers to any individual or entity accessing or using the App or Website
2. Use of the App and Website
- Eligibility: By using the App or Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the App or Website on behalf of a company or organization, you further represent and warrant that you have the authority to bind such entity to these Terms.
- License: Subject to these Terms, Merced Companies grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the App and Website for your personal, non-commercial purposes. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or attempt to extract the source code of the App or Website.
- User Account: To access certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate and complete information when creating your account and promptly update any changes.
3. Intellectual Property
The App, Website, and all their content—including but not limited to text, graphics, logos, icons, images, audio clips, videos, software, and underlying technology—are the exclusive property of Merced Companies or its licensors and are protected by intellectual property laws. You are granted no rights or licenses beyond those expressly outlined in these Terms.
4. Prohibited Conduct
- Use the App or Website for any illegal, unauthorized, or fraudulent purposes, or in violation of these Terms or any applicable laws.
- Interfere with or disrupt the operation of the App, Website, or servers and networks connected to them
- Attempt to gain unauthorized access to other users’ accounts, systems, or networks.
- Upload malicious code, including viruses or harmful scripts.
- Engage in activities that violate intellectual property rights or other legal rights of third parties.
- Engage in activities that could harm, disable, overburden, or impair the App or Website.
5. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information in connection with the App and Website.
6. User-Generated Content
Users are solely responsible for any content they submit, upload, or share through the App or Website. Merced Companies reserves the right to remove any content that violates these Terms or applicable laws without prior notice.
7. Third-Party Services
The App and Website may contain links to or integrate with third-party websites, services, or content. Merced Companies is not responsible for the availability, content, or practices of third parties, and your use of such services is subject to their respective terms and policies.
8. Disclaimer of Warranties
The App and Website are provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the App or Website will be error-free, uninterrupted, or secure.
9. Limitation of Liability
To the fullest extent permitted by law, Merced Companies and its officers, directors, employees, and agents shall not be liable for:
- Indirect, incidental, consequential, or punitive damages.
- Loss of data, revenue, or profits, whether foreseeable or not.
- Damages exceeding the total amount you paid for services in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Merced Companies and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or connected with your use of the App or Website or violation of these Terms.
11. Termination
Merced Companies may suspend or terminate your access to the App or Website at any time, without notice, for any reason, including violation of these Terms. Upon termination, you must discontinue all use of the App or Website and delete any copies in your possession.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles.
12.1 Arbitration: Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
12.2 Class Action Waiver: You waive any right to participate in class-action lawsuits or class-wide arbitrations
13. Modifications to the Terms
We may modify these Terms from time to time. Any changes will be effective upon posting the updated Terms on the App and Website. Your continued use of the App or Website after such updates constitutes your acceptance of the revised Terms.
14. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at info@payxusa.com.
By using the PayX App or Website, you agree to these Terms and Conditions.
Last updated: January 16, 2025
