Terms of Service
Last Updated November 16, 2021
Welcome to Mecha!
We at Mecha Payments ("Mecha", "we", or "us") agree to provide various business and payment services (the "Services") to you and your business ("you"). This web page (the "General Terms"), in addition to the Cookie Policy and Privacy Policy ("Appendices") are the agreement (the "Agreement") which sets out how our Services will be provided to you. By using the Services, you agree to be bound by the following terms and conditions in this Agreement. You agree that any new features or tools which are added to the Services shall also be subject to the Agreement. You can view the current Agreement at any time by visiting www.mechapayments.com/terms-of-service
The Agreement contains provisions that govern the resolution of all claims between you and Mecha, including an agreement and obligation to arbitrate disputes. The arbitration clause requires you to submit claims that you may have against Mecha to binding arbitration and to waive your rights to class-action proceedings.
In order to provide the Services to you, Mecha must comply with various laws, rules and obligations Mecha has to others. One of the purposes of the Agreement is to make sure that Mecha can comply with these obligations and provide the Services to you.
1. Introduction and Scope
These Consumer Terms of Service (“Terms of Service” or “Terms”) are a legal agreement between Mecha Payments (“us”, “our”, “we”, or “Mecha”) and you, the individual who uses one or more of the products and services we offer for your personal use under these Terms (referred to as “you” or “your”), which include our website, Financial Connections, and Identity (each, a “Consumer Service”). The following Terms are a legally binding agreement between you and us, and it describes the terms and conditions applicable to your use of our Consumer Services. By accessing our Services, you agree to be bound by these Terms, and any new features or tools that are added will also be subject to these Terms.
These general Terms apply to all of our Consumer Services that reference these Terms.
2. Additional Terms That Apply to You
The following additional policies and terms also apply when you access or use the Consumer Services, all of which are incorporated by reference into these Terms:
- Arbitration Agreement. IF YOU ARE LOCATED IN THE UNITED STATES, YOU AGREE TO OUR ARBITRATION AGREEMENT, WHICH REQUIRES YOU TO RESOLVE DISPUTES BETWEEN YOU AND MECHA ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, PROHIBITS YOU FROM MAINTAINING OR PARTICIPATING IN A CLASS ACTION LAWSUIT, WAIVES YOUR RIGHT TO A JURY TRIAL, AND LIMITS THE TIME IN WHICH A CLAIM MAY BE BROUGHT.
- Privacy Policy. You acknowledge the Privacy Policy. Mecha and the Business User are independent controllers of personal data collected in conjunction with the Consumer Services and will independently and separately determine the purposes and means of its processing of personal data. We may transfer your personal data to countries other than your own country, including the United States. Please read the Privacy Policy carefully to understand how your information is collected, used, and shared in connection with these Consumer Services. Learn more by reviewing Our Privacy Policy.
- Product-Specific Terms. A Consumer Service may have specific terms that apply when you use that particular Consumer Service. These product-specific Terms are listed in the left-hand menu.
We may revise these Terms from time to time in order to reflect new or changing operational, legal, or regulatory reasons. The revised Terms will be effective on the date stated in the revised Terms. By using a Consumer Service after any revisions become effective, you agree to those changes. If you do not agree with any changes to these Terms, you must stop using the Consumer Services.
3. Eligibility
You may only enter into these Terms if you are 18 years or older.
You must not use the Consumer Services if you have previously been terminated or suspended from using any of our services, including any Consumer Service. You may not enter into the Terms or use any Consumer Service if you are the target of government sanctions, such as those applied by the U.S. Department of the Treasury Office of Foreign Assets Control, or any other national government.
4. Identification and Prevention of Fraud
You agree that:
- Information you provide about yourself and your use of the Consumer Services must be complete and accurate as of the time provided, and you must keep this information up-to-date;
- To the extent law allows, we and our service providers may verify your identity.
- You must notify us immediately if you become aware of any unauthorized use or access to your account. You are responsible for any actions taken through the use of your credentials, except for actions taken after you have told us that your account or credentials have been compromised.
5. Communications via Text, Push Notification, Email, and Phone
To the extent allowable under law, you consent to receiving text (SMS) messages, push notifications, and phone calls from us. Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, requests for product feedback, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using any Consumer Service. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates your cell phone carrier applies may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails or by managing your communications preferences in the app. You may opt-out of text messages from Mecha by replying STOP or by following instructions that you receive in the text message. You may opt-out of phone calls by notifying the caller or by contacting support. You acknowledge that opting out of receiving communications may impact your use of Consumer Services.
6. Our Intellectual Property Rights
We reserve all rights not expressly granted to you in these Terms. The Consumer Services are protected by trademark, copyright, patent and other laws of the United States and other countries. We own all rights, title, interest in and to the Consumer Services and all copies of the Consumer Services, and all Intellectual Property Rights in them. Your use of the Consumer Services is subject to these Terms, and these Terms do not grant you any rights to our Intellectual Property Rights or the Intellectual Property Rights of our licensors, licensees, or partners.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.
8. Feedback
You may choose to submit feedback, ideas and suggestions about the Consumer Services, but it is never required. You may provide us with feedback on the Consumer Services by contacting support. You agree that we may use and share all feedback, ideas, and suggestions you submit for any purpose and without compensation or obligation to you.
9. Termination
Termination by Us: We may terminate these Terms, and we may limit, suspend, change, or remove your access to any or all Consumer Services, including any feature or aspect of the Consumer Services, at any time for any reason. If commercially reasonable, we will take reasonable steps to notify you before taking any action that restricts your access to the Consumer Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate these Terms of Service at any time without notice to you and accordingly we may terminate your access to the Consumer Services.
Termination by You: Subject to any product-specific Terms below, you may terminate any Consumer Service at any time and for any reason by terminating the Consumer Service or closing your account. Termination will be effective on the date that your account is closed.
Effect of Termination. Upon termination, you will not have any further use of or access to the Consumer Services. Subject to applicable law, you will also not have any use of or access to any information you submitted through the Consumer Services, and all rights granted under these Terms will end. Termination does not relieve you of your obligations to pay amounts owed to Mecha, Business Users, or others. Termination does not revoke any third-party payment authorizations. The following provisions will survive even after these Terms terminate: Arbitration Agreement, Our Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Governing Law, Assignment and Third Party Beneficiaries, and Miscellaneous Terms.
10. Disclaimer of Warranties
The Consumer Services are provided “as-is” and without any representation or warranty, whether express or implied. We, our affiliates, and our respective agents, contractors, and Business Users (together, the “Disclaiming Entities”) make no representation or warranty of any kind whatsoever (other than those implied by statute) with respect to the Consumer Services or the content, materials, information and functions we make accessible, and specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that the Consumer Services will be uninterrupted, error-free, or secure.
11. Limitation of Liability
The Disclaiming Entities will not be liable to you for any failure to perform our obligation under these Terms due to a Force Majeure Event. A “Force Majeure Event” is any event beyond the control of Mecha or its affiliates, including a strike or other labor dispute; labor shortage, stoppage or slowdown; supply chain disruption; embargo or blockade; telecommunication breakdown; power outage or shortage; inadequate transportation service; inability or delay in obtaining adequate supplies; weather; earthquake; fire; flood; act of God; riot; civil disorder; civil or government calamity; epidemic; pandemic; state or national health crisis; war; invasion; hostility (whether war is declared or not); terrorism threat or act; Law; or act of a Governmental Authority.
The Disclaiming Entities will not be liable to you for any failure to perform our obligations under these Terms where performance of that obligation would have put us in violation of applicable law.
The Disclaiming Entities will not be liable to you in any circumstances for:
- Loss of business, loss of goodwill, loss of opportunity, or loss of profit; or
- Any loss that we could not have reasonably anticipated.
Subject to the specific product Terms below and applicable consumer laws in your country, in no event will a Disclaiming Entity’s liability arising out of or in connection with these Terms exceed $200 USD.
You and we agree that the other has relied on the disclaimer of warranties and limitation of liability stated above in entering into these Terms, the limitation and disclaimer are essential to the agreement between you and us under these Terms, and they will apply to the fullest extent allowed by law.
Some laws restrict our ability to disclaim or limit our liability. In those cases, this section does not restrict, exclude or modify any consumer rights under any applicable law.
12. Governing Law
If you reside in the United States, Montana law will govern any claim or dispute between you and us that arises out of these Terms, regardless of conflict of law principles.
13. Assignment and Third-Party Beneficiaries
You must not assign your rights or obligations under these Terms to anyone without our prior written consent. We may delegate performing our obligations, and we may assign our rights and obligations under these Terms to Mecha affiliates, at any time for any reason by providing notice to you.
14. Miscellaneous Terms
These Terms, together with the Arbitration Agreement (if applicable), E-Sign Agreement, Privacy Policy, the Acceptable Use Policy, and the product-specific Terms below are the only agreement between you and us regarding the Consumer Services. In the event of an irreconcilable conflict or inconsistency between a provision in these Terms and any product-specific Terms below, the provision in the product-specific Terms will govern. These Terms do not create any partnership, joint venture, or other agency relationship between you and us. If we do not immediately exercise a right we have under these Terms, we do not waive that right. We retain our ability and right to enforce any part of these Terms at a later time. If any part of these Terms is found unenforceable, that part will be ignored, and all of the remaining terms will remain in effect.
15. Contact
If you have a question about the Consumer Services or how these Terms apply to you, please email us at travis@mechapayments.com.