Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") govern your access to and use of the services, website, and applications (collectively, the "Services") provided by NOVAPAY Fintech Solutions Private Limited ("NOVAPAY," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.

We reserve the right to modify these Terms at any time. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Definitions

• "User" or "You" refers to any individual or entity that accesses or uses our Services
• "Merchant" refers to businesses that use our payment processing services
• "Transaction" refers to any payment or financial operation processed through our Services
• "Account" refers to the registered account created to access our Services
• "Platform" refers to our website, applications, and APIs

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations
• Not be prohibited from using financial services under any applicable law

4. Account Registration and Security

When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious activities.

5. Services Description

NOVAPAY provides payment processing and financial technology services including:

• Payment gateway services for online and offline transactions
• Merchant onboarding and account management
• Payout and settlement services
• Analytics and reporting tools
• API integration services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

6. Fees and Payments

Use of certain Services may be subject to fees as specified in our pricing schedule or merchant agreement. By using these Services, you agree to:

• Pay all applicable fees and charges
• Authorize us to deduct fees from your settlements or charge your designated payment method
• Accept that fees may be revised with prior notice
• Acknowledge that certain transactions may incur additional charges

7. Prohibited Activities

You agree not to use our Services for:

• Any illegal, fraudulent, or unauthorized purpose
• Money laundering or terrorist financing
• Processing transactions for prohibited goods or services
• Circumventing security measures or exploiting system vulnerabilities
• Transmitting malware, viruses, or harmful code
• Impersonating any person or entity
• Violating intellectual property rights
• Harassing, threatening, or defaming others
• Any activity that violates applicable laws or regulations

8. Compliance and KYC

You agree to comply with all applicable laws, regulations, and industry standards, including but not limited to:

• Anti-Money Laundering (AML) regulations
• Know Your Customer (KYC) requirements
• Payment Card Industry Data Security Standard (PCI-DSS)
• Reserve Bank of India (RBI) guidelines
• Information Technology Act and rules

You must provide documentation and information as requested for verification and compliance purposes.

9. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and code, are the exclusive property of NOVAPAY or its licensors and are protected by intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our Services without prior written consent.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our Services are provided "as is" without warranties of any kind
• We do not guarantee uninterrupted or error-free service
• We are not liable for indirect, incidental, or consequential damages
• Our total liability shall not exceed the fees paid by you in the preceding 12 months
• We are not responsible for actions of third parties or external service providers

11. Indemnification

You agree to indemnify, defend, and hold harmless NOVAPAY, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Any content or data you submit through our Services

12. Termination

Either party may terminate this agreement:

• With written notice as specified in your service agreement
• Immediately for material breach of these Terms
• Upon your violation of applicable laws or regulations

Upon termination, you must cease using our Services, and we may retain data as required by law or legitimate business purposes.

13. Dispute Resolution

Any disputes arising from these Terms or your use of our Services shall be:

• First attempted to be resolved through good-faith negotiation
• Subject to arbitration in accordance with the Arbitration and Conciliation Act, 1996
• Governed by the laws of India
• Subject to the exclusive jurisdiction of courts in Vadodara, Gujarat

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Vadodara, Gujarat, India.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the extent necessary to make it valid and enforceable while preserving its intent.

16. Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with NOVAPAY, constitute the entire agreement between you and NOVAPAY regarding your use of our Services and supersede all prior agreements and understandings.

17. Contact Information

For questions or concerns about these Terms, please contact us at: