Terms of Service

VERSION: 1.0
EFFECTIVE DATE: March 31, 2023

PayPack is a Nova Module, LP’s brand. These Terms of Service (“Terms”) govern your access to and use of PayPack software-as-a-service solution (the “Service”). By using the Service, you agree to be bound by these Terms. These Terms are a legally binding contract between You and Nova Module, LP. If You do not agree with these Terms, do not purchase or use the Service. Also, if you already use the Service but do not agree with these Terms, stop using the Service. By using or accessing the Services, You agree to be bound by these Terms.

If You use the Services on behalf of an entity, You agree to these Terms for that entity and represent and warrant to Nova Module, LP that You have the authority to bind that entity to these Terms (in which event, “You” and “Your” refer to that entity), unless that entity has a separate paid contract in effect with Nova Module, LP, in which event the separate paid contract governs Your use of the Services.

Definitions
The following capitalized terms have the following meanings:
“Service”, “Product”, or “Solution” means PayPack software-as-a-service solution.
“PayPack” means a brand name and / or the entity that owns the brand which is Nova Module, LP.
“You”, “Yourself”, “Your”, and “Yours” means a natural person or entity that is the customer, end user, or user of Services.
“We”, “Ourself”, “Our”, “Ours”, and “Us” means the entity that owns the PayPack brand, which is Nova Module, LP.
“Subscription Period” means the duration of Your Subscription Services commencing on the start date, and continuing up to the renewal date or end date.
“Subscription Services” means Nova Module-branded software-as-a-service solutions, including Software or downloadable related applications made available to You via the Internet from computer equipment owned or operated by or for Nova Module.
“Software” means Nova Module-branded software, releases, tools and utilities.
“Nova Module” is Nova Module, LP – a legal entity.
“Support” means telephone, email, or web assistance in the resolution of an Issue You report to Us.
“Fee” or “Fees” means fees You pay Us for using the Service.
“Trial” means when You try the Service for a limited period of time. This time is usually free.

Your Use of the Service
1.1 You may use the Service only for lawful purposes and in accordance with these Terms.
1.2 You are responsible for ensuring that all information, data, and content you provide to the Service is accurate, complete, and up to date.
1.3 You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account.
1.4 You may not use the Service to engage in any activity that violates any applicable law, regulation, or third party rights.
1.5 We reserve the right to suspend or terminate your access to the Service at any time, for any reason, without notice.

License
2.1 Subscription Services – Subject to these Terms, we grant You a worldwide, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use the Service solely to support the internal business operations of You for the Subscription Period according to these Terms. We reserve all rights not specifically granted.
2.2 Evaluation – If You use the Services for evaluation, internal testing, free trial, trial, or proof of concept, without paying us Fees, we grant You a revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, and non-assignable license to access and use the Service identified solely for Your own non-production, internal evaluation to test the Services as part of a limited trial option. The Trial period shall not exceed thirty (30) days, subject to our right to terminate the Trial at our sole discretion at any time. The Trial will be at no Fees, unless You exceed the Subscription Period or scope of the Trial, or do not comply with these Terms. Your Trial may be limited in functionality and features, and we may change the limits at our sole discretion without notice. You acknowledge and agree that (a) we provide Trial “AS IS” with no warranties or Support, (b) Indemnification section does not apply to Trial, and (c) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES’ TOTAL AND CUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATED TO THE EVALUATION RIGHT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

Restrictions
3.1 Restrictions – You shall not, directly or indirectly:
a) Reverse engineer, decompile, or disassemble the software, except as permitted by applicable law.
b) Modify, adapt, translate, or create derivative works based on the software.
c) Remove, alter, or obscure any proprietary notices or labels on the software.
d) Use the software to infringe upon our intellectual property rights or any third party.

Payment and Fees
4.1 You agree to pay all fees associated with your use of the Service as set forth in the pricing schedule on the PayPack website.
4.2 Fees are due and payable in advance of your use of the Service, and PayPack will automatically charge your designated payment method for such fees.
4.3 PayPack reserves the right to modify its fees at any time upon reasonable notice to you.
4.4 You are responsible for all taxes associated with your use of the Service.

Suspension and Termination of Services
5.1 We may suspend or terminate the Services at any time, in its sole discretion, if we reasonably believe in good faith You are in violation of the Terms and/or Applicable Laws, and Your material breach cannot be cured within 30 days.
Intellectual Property
6.1 PayPack retains all right, title, and interest in and to the Service and all content and materials made available through the Service.
6.2 You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Service, except as follows:
(a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
(d) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
6.3 You may not use any trademark, service mark or logo of PayPack without our prior written consent.
Indemnification
You agree to indemnify, defend, and hold harmless PayPack and its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any claims, actions, suits or proceedings, as well as any damages, liabilities, settlements, judgments, awards, losses, costs or expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your use or misuse of the Service;
(b) your violation of these Terms;
(c) your violation of any applicable law, regulation or third party right;
(d) your use or sharing of any content or data using the Service; or
(e) your negligence or willful misconduct.

Support
PayPack for NetSuite
7.1 We are committed to working with You to promptly investigate and resolve reported tickets. You are entitled to the Standard Support Hours and Standard Support SLA as part of an active Subscription Services for which the Subscription Period has not ended.
You may submit a support ticket via our PayPack Support Form in your NetSuite account by navigating to menu tab novaApps → PayPack – Integrated Payment Processing Solution for Stripe → Support.
See more information on how to submit a support ticket here
https://help.novamodule.com/hc/en-us/articles/12795009168919

Standard Support Hours

Pacific Time:
7:00 AM – 5:00 PM,
Monday – Friday

Eastern Time:
10:00 AM – 8:00 PM,
Monday – Friday

Greenwich Mean Time:
3:00 PM – 1:00 AM,
Monday – Friday

Australian Eastern Time:
2:00 AM – 12:00 PM next day,
Tuesday – Saturday

Standard Support SLA
First Response
Urgent Priority 4 hours

First Response
High Priority 1 day

First Response
Normal Priority 3 days

First Response
Low Priority 3 days

7.2 We reserve the right to update at our sole discretion. We may end of life Services and related Support, add or remove functionalities or features, or suspend or stop the Services and Support altogether, (a) without notice for Services and Support we provide for no Fees, (b) with notice according to the life cycle for the specific version or release of the Services and Support we provide for a Fee, subject to us continuing to provide Services and Support until the Subscription Period end date.
7.3 What is Supported
7.3.1 General Questions & Answers (Q&A)
Examples include (but are not limited to):
NetSuite generated the invoice but the payment link is not generated. I checked the configuration settings and everything seems to be fine. What is causing this issue?
I keep charging our customer’s credit card but it is not getting charged, how do I fix this?
7.3.2 Software Bugs/Defects
A bug/defect is subject to review and we may not provide a solution for the bug/defect or we may choose to provide a solution for which additional charges may apply. For example,
7.3.3 The Bug/Defect is the result of a configuration change or enhancement to the application environment.
7.3.4 The Bug/Defect represents a gap in functionality that was not explicitly included in the Product purchased by You.
7.3.5 The Bug/Defect is found in the Product for which the Customer does not have a Subscription, such as a Script or Workflow.
7.3.6 Enhancement Requests
An enhancement request is a request by You to add functionality or enhance performance beyond the features that are currently included in the product. You may submit an enhancement request using a support ticket. All enhancement requests are subject to review and we may not provide a solution for an enhancement request.
The enhancement may require a change to the core product feature set. As such, the product enhancement will be communicated to our product development team for review and consideration. An enhancement request may or may not be selected as a feature to be built into the Product.
7.4 Exceptions to What is Supported
CloudExtend will not provide the Customer with support services for (i) a product without an active and current subscription; (ii) third party applications that are being integrated using a CloudExtend product; (iii) any CloudExtend product or integration that has been modified by an outside party,
7.5 Customer’s Obligations
In order for Us to provide effective and timely support services, You must provide Us with the following required information:
7.5.1 Steps to reproduce the problem, expected results and actual results
7.5.2 Links to records that contain error messages and/or are in an invalid state
7.5.3 Screenshots and/or video representations of the problem are optional and extremely helpful

Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYPACK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE

Governing Law
These terms shall be governed by and construed in accordance with the laws of California, USA. Any disputes arising out of or relating to these terms or the use of our software shall be subject to the exclusive jurisdiction of the courts of Alameda County, California, USA.

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