Terms of Use

1. Introduction

These Terms of Use ("Terms") govern the usage of Shape9 Cloud's digital payment services and systems. By entering into a business relationship with Shape9 Cloud, the user ("Merchant") agrees to abide by the obligations, responsibilities, and limitations set forth herein.

In case of discrepancies between an individual agreement and these Terms, the provisions of the individual agreement shall prevail.

2. Definitions

• Merchant - A business entity that sells goods or services and uses Shape9 Cloud's platform to process digital payments.

• End User / Customer - A person who uses a payment method to purchase goods or services from the Merchant.

• Transaction - Any payment operation initiated by the End User and processed via Shape9 Cloud systems.

• Platform - The combination of hardware and/or software solutions provided by Shape9 Cloud for payment processing.

• Agreement - A legally binding contract between Shape9 Cloud and the Merchant that defines rights and obligations under these Terms.

3. Service Scope

Shape9 Cloud enables secure acceptance and processing of digital payments for online and in-person sales. Services include platform setup, integration, transaction processing, and ongoing technical support, as outlined in the individual service agreement.

4. Merchant Responsibilities

The Merchant agrees to:

• Operate in accordance with applicable financial and data protection laws;

• Ensure secure transmission of payment data via encrypted connections;

• Keep all customer and transaction data confidential and process it lawfully;

• Promptly notify Shape9 Cloud of any changes to their business information;

• Ensure that goods or services sold comply with legal and ethical standards;

• Accept full liability for the quality, delivery, and legality of goods/services sold.

5. Shape9 Cloud Responsibilities

Shape9 Cloud commits to:

• Provide a secure and stable system for processing digital payments;

• Maintain platform availability to a high operational standard;

• Provide documentation and onboarding materials to Merchants;

• Offer timely support through designated channels on working days;

• Monitor regulatory changes and implement necessary adjustments.

6. Data Security & Privacy

All data processed through Shape9 Cloud is subject to strict confidentiality and security protocols. Shape9 Cloud does not store sensitive card information beyond what is technically required and always in compliance with data protection standards.

Shape9 Cloud will not be liable for data breaches resulting from external systems, third-party software, or Merchant misuse.

7. Support and Availability

Shape9 Cloud will provide operational support during regular business hours via official support channels. Platform uptime is maintained at a high standard; however, technical interruptions may occasionally occur.

8. Limitation of Liability

Shape9 Cloud shall not be held liable for:

• Indirect, incidental, or consequential damages;

• Financial losses due to system misuse or third-party fraud;

• Any issues arising from the Merchant's own equipment, systems, or non-compliance;

• Downtime caused by force majeure, third-party outages, or legal restrictions.

Liability for direct damages shall be limited to a portion of the annual fees paid by the Merchant for the affected service period.

9. Intellectual Property

All intellectual property rights related to Shape9 Cloud's platform, branding, interfaces, and documentation remain the exclusive property of Shape9 Cloud.

Merchants receive a non-exclusive, non-transferable license to use the platform only for the duration and scope of their agreement with Shape9 Cloud.

10. Termination of Service

Either party may terminate the agreement by written notice under the conditions specified in the individual agreement. Upon termination:

• All services will be suspended;

• The Merchant must return or delete any confidential materials;

• Outstanding invoices become immediately due.

11. Confidentiality

Both parties agree to treat all exchanged data, documentation, and correspondence as strictly confidential, even after termination of the agreement.

Shape9 Cloud reserves the right to list the Merchant's name or logo in promotional materials only with prior consent, unless otherwise agreed in writing.

12. Amendments

Shape9 Cloud reserves the right to modify these Terms with at least 14 days' prior notice via email or website update. Continued use of services after this period constitutes acceptance.

13. Jurisdiction and Governing Law

These Terms are governed by the applicable law of the country in which Shape9 Cloud is registered. Disputes that cannot be resolved amicably shall be settled by a competent court within that jurisdiction.

14. Final Provisions

Any changes or additions to these Terms must be made in writing. In the event of legal invalidity of any clause, the remaining provisions shall remain in full force.