Terms of Use
Welcome to Congrify.com. These Terms of Use (“Agreement”) govern your access to and use of the website and services provided by Congrify (“we,” “our,” or “us”) through Congrify.com (the “Platform”). By accessing or using the Platform, you (“Customer” or “you”) agree to these Terms. If a separate written agreement has been established between you and Congrify, that agreement shall take precedence, and these Terms will serve as the default terms where no such agreement exists.
These terms of use (the “Terms”) sets forth the terms and conditions in relation to the use and access by the users (the “Users” or, individually, the “User”) of (i) the website www.app.congrify.com (the “Site”) owned by Congrify Payment Intelligence Inc., with registered office in 8 The Green STE R , Dover , Kent, Delaware 19901, United States (“Congrify”), (ii) the use of, or access to Congrify’s tools (the “Tools”), (iii) the use of related application programming interfaces (“API”), (iv) and the use of materials and documentation made available by Congrify from time to time through the Site (the Site, Tools and API, including all updates and other modifications thereto, the “Services”).
The Service will be provided online and allow users to import payment data from the User, according to different service options, both free of charge (the “Free Trial”) and chargeable (the “Subscription Plans”). The User may retrieve all the information related to each Subscription Plan (e.g. description of the services and functions, access and type of API offered, subscription fees, etc…) through the Site or by a request to the team from time to time indicated by Congrify.
If the Users need more information in relation to the Services and the Subscription Plans they can contact Congrify through the “contact” function on the Site or the indicated email addresses.
By using the Platform or any related Services, you agree to the terms and conditions set forth below. If you do not agree, you may not access or use the Platform or Services.
1. Applicability.
1.1 These Terms are effective as of the date that the User will finalize the registration to the Site (the “Effective Date”).
1.2 Before receiving access or registering on the Site and accessing or using the Services, the User should carefully read these Terms. By registering, accessing, or using the Sites and the Services, the User accepts the terms and conditions set forth in these Terms. If the User does not agree to these Terms, the User may not access or use the Site and the Services.
1.3 Registering, accessing, or using Services the User also accepts the privacy policy of Congrify available at https://congrify.com/privacy-policy (the “Privacy Policy”).
1.4 Users are allowed to use the Services when aged 18 or older. If the User is under 18 years old, they shall use the Site only with the involvement and approval of a parent or guardian. Congrify reserves the right to refuse access, terminate or suspend User’s access to the Site at any time in its sole discretion. Congrify can amend the Terms from time to time. The amended Terms will become effective upon them being posted on the Site, or at a such later date as may be stated on the amended Terms. Therefore, Users shall review the Terms from time to time and take note of any changes. By continuing the use of the Services, User accepts the amended Terms. In case of material changes to the Terms, the User will be informed prior to the change: (i) at the moment of the use of the Services, or (ii) by a message to the contact details provided by the User to Congrify, or (iii) by posting a notice of the change on the Site. In the event the User does not accept a change, they can cancel their subscription.
1.5 These Terms supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between the User and Congrify.
2. Account.
2.1 The User may be asked to create a personal account to access and use the Services, which allows Congrify to remember the User and store certain identifying information (such as the Tools the User has purchased from Congrify).
3. Services.
3.1 With the Subscription Plans, Congrify grants to the User a temporary, revocable, personal, non-exclusive, non-transferable right to access and use the Services as described on the Site (including any features and documentation relating to or describing the Tools, API, information services, and any improvements or updates thereto) that are provided to the User for the duration of the Terms under the following restrictions:
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- the User shall access the Services via a web browser or any other application specified by Congrify;
- the User shall regularly pay to Congrify the fee related to the selected Subscription Plan;
Services shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. The User shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Services or any content without Congrify’s express written consent.
3.2 The User shall not use any meta tags or any other “hidden text” utilizing Congrify’s name or trademarks without Congrify’s express written consent. The User shall not introduce or make available in any manner software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of Services or any computer software, hardware, or telecommunications equipment of Congrify or the visitors to the Site. The User shall not interfere with or disrupt the provision of the Services or the servers or networks connected thereto. The User shall not collect or store personal data about other Users. Any unauthorized use or attempts to use the Services in an unauthorized manner terminates the permission granted by Congrify to use them.
3.3 Congrify reserves the right to add additional features to the services at any time. Furthermore, Congrify may change, limit or remove existing features for reasons of data security, technical necessities or due to changes in applicable law, provided that the change, limitation or removal is reasonable for the User in consideration of the interests of both parties. Congrify shall inform the User of such changes in due time in writing (e-mail sufficient).
3.4 From time to time, Congrify may also offer special promotional plans regarding the Subscription Plans as indicated from time to time on the Site.
4. Availability.
4.1 Congrify commits to its best efforts to provide a full uptime availability for the Services. Unless specified differently, no SLA is defined.
4.2 Unavoidable downtime due to planned maintenance work shall be electronically notified to the User in good time in advance (e.g. by e-mail).
5. Conclusion of the contract.
5.1 In order to conclude a contract regarding the Services under these Terms the User is required to provide an e-mail address and a password and then enter a billing address and choose a payment method. After that, a summary of the order will be displayed for review. If the User, after having agreed to these Terms and to the Service specifications, clicks on the “order button” the contract is concluded when the subsequent page loads successfully and a subscription number is provided.
5.2 The contract can alternatively be concluded regarding the Services under these Terms via an offline channel and agreed upon with Congrify and the company’s user legal representatives.
5.3 Congrify reserves the right to reject User requests to conclude a contract. In this event, Congrify will display a respective message during the buying process, at the latest when User has clicked the “order button”. Until clicking the order button, the User can change or abort the order at any time.
6. Free Trial.
6.1 Congrify may provide the User with a Free Trial subscription at its own discretion.
6.2 After the Free Trial period, the Fee Trial subscription is automatically extended to the Subscription Plan selected by the User. The Free Trial subscription can be terminated at any time during its term by Congrify or User. In the event that Congrify or User prematurely terminates the Free Trial subscription, the Free Trial subscription is not continued as a Subscription Plan.
7. Fees and Payments.
7.1 By selecting the Subscription Plan the User agrees to automatically pay Congrify the monthly or annual subscription fee indicated in the Site for such plan. Payments will be charged on the day the User signs up for the Subscription Plan (except for the Free Trial period) and will cover the use of the associated Services for a monthly or annual period as indicated.
7.2 In case the Subscription Plan reaches the end of its life, the monthly, annual or lifetime use of Services will be automatically renewed.
7.3 After the termination of the Free Trial period, the monthly or annual subscription fee will be automatically charged as indicated in the Subscription Plan.
7.4 Different fees and payment conditions can be set in a separate agreement between Congrify and the User.
8. Refund and Cancellation.
8.1 Considering that Congrify provides a Free Trial period, the User is not entitled to request a refund.
8.2 The User may cancel the Subscription Plan at any time. The User can do that by going to My Account > Subscriptions > View > Cancel on the Site. If the User cancels the Subscription Plan, they will not be charged for the upcoming subscription fees.
8.3 Please note that if the User wishes to cancel the Subscription Plan, Congrify recommends the User do it before the next subscription fee is due. If the User fails to cancel the Subscription Plan before its plan gets renewed, the User will not be eligible for that refund.
9. Use of API.
9.1 Congrify may make secret API keys for live and test transactions available to the User. Secret keys permit API calls to User’s Services. The User is responsible for securing its secret keys – do not publish or share them with any unauthorized persons. Failure to secure User’s secret keys will increase the likelihood of fraud on the User’s Services and potential losses. The User should contact Congrify immediately if it becomes aware of any unauthorized use of its secret key or any other breach of security regarding the API. Congrify provides more details on the proper use of secret API keys in the documentation provided to the User.
10. Links to other websites.
10.1 The Site may contain hyperlinks to other websites (the “Links”). Congrify may provide these Links to the User only as a convenience and the inclusion of any link does not imply endorsement by Congrify of the other website or of any product or service offered or information provided on the site or any association between Congrify and the other sites’ operators (the “Third-Party’s Website”).
10.2 Congrify is in no manner responsible or liable for the availability or content of the Third Party’s Website to which the Site is linked or products or services the User may purchase from the Third Party’s Website. Congrify makes no representations nor warranties whatsoever about any Third Party’s Website the User may access through the Site.
10.3 Congrify has not reviewed, and cannot review, all of the material, posted to Third Party’s Website, and cannot, therefore, be responsible for that material’s content, use or effects. The User is responsible for taking precautions as necessary to protect himself and its computer systems from viruses, worms, trojan horses, and other harmful or destructive content. Congrify disclaims any responsibility for any harm resulting to the User from the use of Third-Party’s Website, or from any downloading of contents there posted.
11. Restrictions of Use.
11.1 The User may not use the Services for any purpose, other than as expressly and unambiguously authorized in accordance with this Terms and without Congrify’s prior written consent. The User shall not:
a) access Congrify User data or information without authorization or in any manner or for any purpose that violates any law or regulation or any right of any person (including intellectual property rights);
b) submit or link to any content that violates anyone’s privacy or intellectual rights;
c) use Services to build a product or service that is competitive with Services, or engage in any practices that discriminate against or discourage the use of Services;
d) use Services in connection with, or to promote, any applications or other products, services, or materials that constitute, promote or are used for the purpose of dealing in spyware, adware, or other malicious programs or code; counterfeit goods; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libellous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution; gambling; stolen products or items used for theft;
e) use Services for any illegal purpose;
f) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile Services;
g) modify or alter any part of Services;
h)use any robot, spider, or another automatic device to create accounts in order to use Services;
i) take any action that imposes an unreasonable or disproportionately large load on Congrify’s infrastructure.
11.2 If the User allows its staff, personnel, employees, management or any other third party authorized by the User (“Customer Representatives”) to use the Services, the User shall:
a) transmit a copy of the Terms to each Costumer Representative;
b) provide that such Costumer Representatives are bound by the obligations set forth under these Terms.
12. Representation and warranties.
12.1 The User represents and warrants that:
a) its use of Services will be in strict accordance with the Privacy Policy, the Terms and all applicable laws and regulations;
b) it has all the necessary authorization and power (also as a representative acting on behalf of its company) to enter into these Terms.
12.2 Selecting the Subscription Plan and using Services, the User undertakes that Congrify reserves the right to modify or improve parts of Services without prior communication as long as the User’s access and use of them or the Subscription Plan are not materially adversely affected by the above-mentioned modifications.
13. Confidentiality
13.1 All information communicated in any form from Congrify to the User will be considered strictly confidential (hereinafter, the “Confidential Information”) and will be used solely for the purposes of this Terms.
13.2 The User agrees to:
a) use Congrify’s Confidential Information solely in connection with the execution of the Terms;
b) disclose Congrify’s Confidential Information only to its representatives who have a need to know, provided that such representatives are bound by non-disclosure obligations;
c) protect Congrify’s Confidential Information from disclosure in the same manner and to the same duty of care that the User uses to protect its own Confidential Information of like importance but in no event less than a reasonable standard of care; and
d) return or destroy Confrify’s Confidential Information promptly upon our request, except any portion that is required to be retained by law.
13.3 In the event that Congrify is required to disclose any of the User’s Confidential Information pursuant to an order or laws, Congrify, if permitted by the applicable order or law, shall promptly notify the User of the terms and the circumstances of any such request.
14. Intellectual property.
14.1 As between the User and Congrify, the Services and related designs (including text, content, photographs, video, audio, interfaces, graphics, and the selection and the arrangement thereof), and all intellectual property rights therein are and will at all times remain the sole and exclusive property of Congrify and are protected by applicable Italian laws and regulations. The User acknowledges and agrees that any questions, comments, suggestions, ideas, feedback or other information about Services (“Submissions”), provided by the User to Congrify are voluntary, non-confidential, and Congrify will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to the User.
14.2 The User is granted a nonexclusive and nontransferable license to electronically access and use the Services only in the manner described in this Terms. Congrify does not sell to the User, and the User does not have the right to sublicense any Congrify intellectual property. The User agrees and acknowledges that Congrify has the right to change the content or technical specifications of any aspect of the Services, including the availability of any API, at any time, at Congrify’s sole discretion. Congrify may release subsequent versions of APIs, and the User may be required to use those subsequent versions. The User further agrees that any such change may result in its being unable to access the Services. Congrify may revoke or terminate this license at any time, without liability.
15. Trademarks
15.1 This Terms does not include any right for the User to use any trademark, service mark, trade name or any other mark of Congrify or any other party or licensor. The User agrees that Congrify may list its name and/or its application (including by displaying any trademarks related thereto) and identify the business relationship between the User and Congrify.
15.2 No rights or licenses are granted except as expressly set forth herein.
16. No Warranty and Limitation of Liability.
16.1 Services, and all content, materials and other information provided by Congrify or otherwise accessible to the User in connection with this Terms, are provided “as is” and Congrify, and their respective affiliates and suppliers make no warranty of any kind (and disclaim all warranties of any kind) with respect to the foregoing, whether express or implied, and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement, in each case to the maximum extent permitted under the applicable law.
16.2 Without limiting the foregoing, Congrify makes no warranty that the Services will meet the User requirements or be available on an uninterrupted, secure, or error-free basis.
16.3 Congrify makes no warranty regarding the quality of the Services regardless of whether any remedy set forth herein fails of its essential purpose or otherwise, in no event will Congrify or its suppliers be liable to the User or to any third party under any tort, contract, negligence, strict liability or other legal or equitable theory for any lost profits, lost or corrupted data, computer failure or malfunction, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Services, even if Congrify has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.
16.4 The User agrees that Congrify will have no liability whatsoever for any use the User makes of Services. The User agrees to indemnify and hold harmless Congrify from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from its use of the Services or User’s breach of this Terms.
17. Term and termination.
17.1 These Terms will be effective on the Effective Date and will continue until terminated by the User or Congrify.
17.2 Any termination of these Terms will also terminate the license(s) granted hereunder, the access to the Personal Account and the use of Services.
17.3 Upon termination of this Terms for any reason, the User will destroy and remove from all computers, hard drives, networks and other storage media all copies of documentation relating to Services.
17.4 Congrify reserves the right to cancel the User’s access to all or any part of Services at any time, with or without cause, with or without notice, effective immediately.
17.5 If the User wishes to terminate these Terms or cancel the Personal Account, the User may follow the cancellation request available on the Site.
17.6 Congrify shall terminate the Terms if the User materially breaches the obligations set forth in the Terms and fails to cure such breach within thirty [(30) days] from Congrify’s notice to the User.
18. Notices.
18.1 All notices and other communications under these Terms must be in writing. Notices to the User will be delivered to the email address provided to Congrify for the creation of the Personal Account or by posting it on the Site.
18.2 Notices to Congrify can be transmitted by email at hello@congrify.com or through certified mail or overnight courier to 8 The Green STE R , Dover , Kent, Delaware 19901, United States.
19. Consent to electronic communications.
19.1 When and if the User creates a Personal Account, purchases the Subscription Plan or sends an email to Congrify, the User is electronically communicating with Congrify. Such action constitutes consent to the receipt of Congrify’s electronic communications. Congrify may e-mail the User back or post notices on the Personal Account. Such action also confirms that all communications Congrify provides to the User electronically do satisfy legal requirements that such communications be in writing, if applicable.
20. Governing law and jurisdiction.
20.1 These Terms shall be governed by and interpreted in accordance with the laws of Delaware.
20.2. Any dispute which may arise in connection with these Terms shall be settled by the Courts of Dover exclusively.
21. Entire Agreement.
21.1 These Terms are the complete and exclusive agreement between Congrify and the User with respect to the subject matter hereof.
Last update: November 15th , 2024