These terms
These Terms of Service are an agreement between VitaPay LLC ("VitaPay", "we", "us") and the business that holds an account on the VitaPay platform ("you") — a merchant, a payment office, an agent or another partner. A person who signs in on a business's behalf confirms they may bind that business.
If you have a signed agreement or order form with us, it governs where it differs from these terms. Your agreements with payment processors and banks are separate and govern the movement of money.
What the platform is
VitaPay provides software:
- a web portal to see and manage merchants, transactions, deposits, fees, disputes, residuals, accounting, contracts and staff;
- a point-of-sale system for venues, with terminals, handhelds, kitchen displays and guest payment pages;
- labor, scheduling, tip and payroll-export tools, and a staff app;
- an in-portal assistant (Chat) and set-up assistance.
VitaPay is not a bank, a payment processor or a money transmitter. Card and bank payments are processed by the processor named on your merchant account, under your agreement with it. We do not hold your funds.
Features reach you as we make them available. A feature described as in preview, or switched off for your account, is not part of the service until it is switched on.
Accounts and access
- Each account has a role and is bound to the businesses it may see. You are responsible for who you invite, the role you give them and for removing access when someone leaves.
- Keep sign-in details private and use multi-factor authentication where it is offered. Tell us at once at go@vitapay.com if you think an account has been misused.
- We may suspend an account that is compromised, that breaches these terms or that puts other customers, guests or the platform at risk. We will tell you why unless the law or security prevents it.
Your responsibilities
You agree to:
- give accurate information, including in your merchant application, and keep it up to date;
- use the platform lawfully, including the laws on payments, consumer protection, privacy, marketing texts and email, labor, wages and tips;
- give your employees and guests the notices the law requires and collect any consents you need — for example before you send marketing texts, keep a guest's card on file, use a clock-in photo or record calls;
- set up your own settings correctly — prices, taxes, surcharges or card fees, cash-discount pricing, tip rules, pay rates and tip pools — and check them before you publish;
- follow the card network and processor rules that apply to you, including surcharge limits and disclosures;
- not upload unlawful content, malware or data you have no right to share, and not probe, overload or reverse-engineer the platform.
Figures and reports
Reports are built from the data your processors, point of sale and staff provide. We work to make every figure exact, but you remain responsible for reconciling them with your processor statements and books before relying on them for tax, payroll or payments to others. Tell us promptly if a figure looks wrong.
Chat and assistance
Chat answers questions from the data the person asking is permitted to see, using a language-model provider configured by the platform administrator. Answers and drafted set-ups can be wrong; check them before you act. Nothing the assistant drafts is published to your point of sale until a person reviews and publishes it.
Your data
You own the data you and your guests and staff put into the platform. You give us the right to host, process and transmit it to provide the service, to secure it and to meet legal obligations, as described in our Privacy Policy. For your employees' and guests' information we act on your instructions as your service provider.
We keep records for the periods in our Data Retention and Deletion Policy. Some records — the audit trail, labor records and financial records — cannot be edited or deleted, because their value is that they are permanent.
You can export your data from the portal's reports and exports while your account is open, and for a reasonable period after it closes on request.
Fees
Fees are as agreed in your order form, merchant agreement or partner agreement. Processing fees are charged by your processor under your agreement with it.
Availability and changes
We aim to keep the platform available and to give notice of planned maintenance. We may change or improve the platform. We will not remove a material feature you pay for without notice.
Keep a fallback for taking payment in case a device, a network or a provider is unavailable.
Ending the agreement
You may close your account at any time under the terms of your agreement. We may end it on notice for a material breach that is not fixed, or at once where the law, a processor or a card network requires. On closing, access ends and data is kept or removed as the retention policy says.
Warranties and liability
The platform is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages or lost profits, and our total liability under these terms is limited to the fees you paid us in the twelve months before the claim. These limits do not apply to fraud or wilful misconduct, or where the law does not allow them.
You will defend us against third-party claims arising from your breach of these terms or of the law in your use of the platform, and we will defend you against claims that the platform, as we provide it, infringes another's intellectual property.
General
These terms are governed by the laws of the state in which VitaPay LLC is organized, without regard to conflict-of-law rules. We may update these terms; we will post the new version here with its date and tell account holders of material changes before they take effect. Continuing to use the platform after that date means you accept them. If part of these terms is unenforceable, the rest still applies.
Contact
VitaPay LLC — go@vitapay.com