About these terms
These Terms of Service ("Terms") govern use of the Payvello website, merchant software and related services provided by Nuvo Investments Inc. ("Payvello," "we," "us," or "our"). “You” means the person using the services and, when that person acts for a business, the business they are authorized to represent.
By accepting these Terms or using services that are offered subject to them, you agree to these Terms. If you do not agree, do not use those services. You must be at least 18 years old and have authority to act for any business you represent.
A signed merchant agreement, order form or data-processing agreement may add service-specific terms. If a conflict arises, that separate agreement controls for its subject matter. These Terms do not replace a merchant’s contract with its customers or a payment provider’s agreement.
Our Privacy Policy explains how we handle information. Access to a public website or submission of a demo request does not by itself create a paid subscription.
What Payvello provides
Payvello provides tools to help merchants manage inventory, customers, contracts, payment schedules, communications and team access. Available features depend on the merchant’s agreement, configuration and the stage of rollout.
Payvello provides software. We are not a bank, lender, credit bureau or legal adviser. Unless a separate written agreement expressly provides otherwise, the merchant owns and funds its inventory, makes its own customer-approval decisions, sets its lawful program terms and bears the risk of nonpayment.
We do not guarantee financing approval, successful collection, payment-processor acceptance, business results or regulatory compliance. Illustrations, calculators, demonstrations and projected results are estimates, not promises. The merchant remains responsible for reviewing the accuracy and suitability of records and outputs before relying on them.
Accounts and authorized users
Provide accurate business and account information and keep it current. Protect passwords, verification codes and connected sign-in accounts, and notify us promptly if you suspect unauthorized access. Do not share credentials as a substitute for authorized staff accounts.
The merchant is responsible for appointing authorized users, assigning appropriate store permissions, removing access when it is no longer needed and supervising use under its account. Users may access only the businesses, stores and records they are authorized to use. A Google, phone or email sign-in does not automatically grant access to merchant records.
We may require information reasonably necessary to confirm identity, account ownership or authority before granting access or assisting with account recovery. You remain responsible for securing your own devices and networks.
Merchant responsibilities
Each merchant is responsible for its products, customers, employees and business practices, including:
- Lawful ownership and sale of inventory, accurate product descriptions, fulfillment, warranties, returns and customer support.
- Customer approvals, prices, down payments, installment terms, lawful fees, disclosures, signatures and enforceable customer agreements.
- Required licenses and compliance with applicable retail installment, consumer protection, privacy, payment, tax and other laws.
- Obtaining and maintaining any consent or authorization needed for payments, electronic signatures, messages, calls and device-management features.
- Accurate records, payment reconciliation, refunds, disputes and lawful handling of overdue accounts.
Software workflows or templates do not establish that a merchant’s program is lawful in every jurisdiction. Merchants should obtain advice appropriate to their actual program and location. Payvello does not become a party to a customer’s retail agreement merely because the merchant uses our software.
Permitted and prohibited use
Subject to these Terms and your applicable agreement, we grant you a limited, nonexclusive, nontransferable right to use the services for your authorized business purposes during the agreed service period.
You must not use the services to:
- Commit fraud, misrepresent identity or business activity, or process unlawful or unauthorized transactions.
- Access another merchant’s records, bypass access controls or interfere with the service or its security.
- Upload malicious software, unlawfully copy data, or extract information without authorization.
- Harass people, send unlawful communications, misuse payment credentials, or collect or disclose information without a lawful basis.
- Apply unauthorized device restrictions, surveillance or collection practices.
- Resell the service, copy its protected elements, or reverse engineer it except as expressly permitted by us or applicable law.
Report suspected vulnerabilities or misuse to jcha1229@gmail.com without accessing or disclosing other users’ information.
Fees, subscriptions and payments
Paid access, platform fees, billing intervals, any renewal terms and cancellation arrangements must be disclosed in an accepted order, subscription or merchant agreement. These Terms do not establish a particular price or authorize a charge merely because you visit the website, request a demo or choose Google sign-in.
You are responsible for agreed fees and applicable taxes, excluding taxes on our net income. Payment-processing fees, chargebacks, refunds, reserves and other provider charges are governed by the applicable provider and merchant agreements. Any automatic renewal or recurring charge must be part of the terms you accept.
Contact us promptly about a suspected billing error. Any suspension for unpaid fees will be handled under the applicable agreement and the suspension provisions below. Refund eligibility and amounts already earned or owed are determined by the applicable agreement and law.
Customer payments remain subject to the merchant’s agreement with its customer and payment provider. Payvello’s tools do not authorize the merchant to charge a customer without a valid payment authorization.
Third-party and developing features
Features may rely on providers such as Clerk or Google for authentication, Stripe for payments, and communications or device-management providers. Your use of a connected provider may require a separate account, eligibility review, consent or acceptance of that provider’s terms.
Providers control their own availability, underwriting and policies. Payment providers may decline transactions, require additional information, impose reserves or restrict accounts under their agreements. We cannot guarantee uninterrupted third-party services or immediate settlement of funds.
Device-management integrations are in development. Availability, supported devices, enrollment requirements, permitted controls and any additional terms must be confirmed before use. A device-management feature does not give a merchant legal authority to restrict a device or access personal information; the merchant must independently obtain all required authority and consent.
Demonstrations, previews and beta features may change or be withdrawn. Descriptions of planned features are not a commitment to deliver a particular feature or date unless expressly included in a written agreement.
Your records and our software
You retain your rights in information and content you lawfully submit. You grant Payvello and its service providers the limited permissions needed to host, process, transmit and display that information to provide and secure the services, follow authorized instructions and meet legal obligations, subject to our Privacy Policy and any applicable data-processing agreement.
You are responsible for having the necessary rights and permissions to submit information and for the accuracy of the records you maintain. Keep any independent copies or records required for your business or by law. Do not submit unnecessary sensitive information.
Payvello and its licensors retain all rights in the software, designs, documentation, trademarks and other service materials. No ownership of those materials is transferred to you. We may use voluntary product feedback to improve the service, without using it to disclose your confidential records.
Each party must protect the other’s nonpublic business information received through the relationship and use it only for authorized purposes. This does not restrict information that is independently developed, lawfully obtained elsewhere or publicly available without a breach, or disclosures required by law.
Availability, suspension and ending access
We work to maintain the service but may need to perform maintenance, correct errors or change features. Unless a separate agreement states otherwise, these Terms do not provide a specific uptime or support-response guarantee.
We may restrict or suspend access reasonably necessary to address a security threat, suspected fraud, unlawful activity, a material breach, unpaid agreed fees or a legal requirement. When feasible and appropriate, we will provide notice and an opportunity to resolve the issue. Immediate action may be necessary to protect the service, users or legal rights.
You may request closure of your account by contacting us. Subscription cancellation, service end dates and fees already owed remain subject to your accepted agreement. Ending access does not cancel customer contracts, reverse completed payments or eliminate existing obligations.
Where permitted by law and our agreements, we will provide reasonable assistance with an authorized request to retrieve merchant records when service ends. Requests may require verification of authority. Record retention and deletion are described in our Privacy Policy and any applicable data-processing agreement.
Disclaimers and limits of liability
To the extent permitted by applicable law and except for express commitments in a separate written agreement, the services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not warrant that the services will be error-free or that every error will be corrected.
To the extent permitted by law, neither party is liable to the other under these Terms for indirect, incidental, special, consequential or punitive damages, or lost profits, arising from use of or inability to use the services.
Unless a separate written agreement provides otherwise, Payvello’s total liability arising out of the services or these Terms will not exceed the greater of US $100 or the fees paid by you to Payvello for the affected services during the 12 months preceding the event giving rise to the claim. Amounts paid to merchants or third-party payment providers are not Payvello service fees.
These exclusions and limits do not apply to fraud, willful misconduct, gross negligence or liability that applicable law does not allow to be excluded or limited. Nothing in these Terms removes nonwaivable statutory rights.
Governing law and general terms
Texas law governs these Terms, without regard to conflict-of-law rules, except where mandatory law requires otherwise. Please contact us first about a service dispute so we can try to resolve it. These Terms do not require arbitration or waive rights that cannot lawfully be waived.
If a provision is unenforceable, the remaining provisions remain in effect to the extent permitted by law. A failure to enforce a provision is not a waiver of it. These Terms do not create a partnership, employment, agency or lending relationship.
You may not transfer your service rights without our consent. We may transfer the services and related agreements as part of a lawful business reorganization or transfer, subject to applicable law and our privacy obligations. Provisions that by their nature should survive termination, including accrued payment obligations, confidentiality, intellectual property and applicable liability limitations, will survive.
Changes and contact
We may revise these Terms as the service evolves. We will update the date above and give reasonable notice of material changes through the service or available account contact information. Changes apply prospectively; where required, we will seek acceptance before they take effect. An existing signed agreement remains subject to its own amendment process.
Nuvo Investments Inc. — Payvello
Service and legal inquiries: jcha1229@gmail.com
Website: payvello.com