Handpoint Terms and Conditions of Service and Privacy Policy
Valid from January 2023
Handpoint is the entire legal and beneficial owner and/or licensee of certain software products and services and provides a Managed Payment Service related to those products and is willing to grant a licence to you to use these products and services under the following terms and conditions.
I. Definitions
Card Reader(s) shall mean a device (payment terminal) designed for a secure acceptance of card payments and running a Handpoint software, whether sourced directly from Handpoint or through a reseller or distributor.
The Service or Managed Payment Service shall refer to a managed service provided by Handpoint for acceptance of card payments via Card Readers from Handpoint and processed through the Handpoint Payment Gateway, whether you signed up directly with Handpoint or through a reseller or distributor.
The Application refers to an application (app) for iOS and Android smart devices (including Android payment terminals) for acceptance of card payments, developed and designed by Handpoint. The application can be used for acceptance of card payments by connecting it with a Handpoint Card Reader if run on a smartphone or tablet.
The Software shall mean all software developed by Handpoint or its licensors that is used to provide the Service.
The Products shall mean the Service, the Software, The Application, and the Card Readers.
II. Terms
By using any of the Handpoint Software or the Service, including the Handpoint application for iOS and Android devices, you are agreeing to being bound by these terms of service, all applicable laws, and regulations, and are agreeing that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this application and the Service.
Further, you warrant that if you are a representative of a business that is using the Service, you warrant that you have the authority to agree to these Terms and Conditions on its behalf. You also warrant that you are of legal age in your country, as, if you are not, you are not allowed to use the Service. Handpoint may at its own discretion, refuse to offer the Services to any person or entity at any time.
III. Use License
A non-exclusive, non-transferrable permission is granted to you to use the Software, the Application, Card Reader(s) and the Service for acceptance of card payments and associated operations as the Products were intended and designed to do and nothing else. This is only a grant of a license, not a transfer of title, and under this license you may not:
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modify or copy any of the Software, design, process, or anything else that is considered the copyright of Handpoint
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attempt to decompile, disassemble, modify, adapt, or make error corrections or reverse engineer any Products or remove any copyright or other proprietary notations from any materials or Software
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transfer the materials to another person or “mirror” the Software or any materials on any other server
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use the Service for sale of illegal goods or services
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use the Service for sale of goods and services not allowed by the international
card networks (VISA, Mastercard, American Express, China Union Pay,
Discover and other networks supported by Handpoint from time to time)
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Handpoint at any time.
IV. Intellectual Property Rights
You acknowledge that all Intellectual Property Rights in the Product, their design, documentation, Handpoint business processes and methods, or anything else that is considered a part of the Products and their operation, belongs to and shall belong to Handpoint and/or its licensors and is protected by applicable copyright and trademark laws. You also acknowledge that you have no rights in or to the Products other than the right to use them in accordance with these terms of service.
V. Disclaimer
This application is provided on an ‘as is’ basis. Handpoint makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Handpoint does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of this application, the Service and the Card Readers.
VI. Limitations of liability
In no event shall Handpoint, its employees and directors, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use the Products, even if Handpoint or a Handpoint authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties by law, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In such cases where Handpoint liability can’t be excluded by law, the total liability of Handpoint, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed the total amount Handpoint has received for your use of the service, whether you are a direct customer of Handpoint or not, at the time when the loss occurred.
VII. Modifications
Handpoint may revise these terms of service for the Application at any time and, if we do so, you will be informed about the new terms of service.
Handpoint may amend and change the Software at its own discretion. When a new version of the Application is made available, you will be offered to upgrade to the new version. In some cases, e.g. due to errors or bugs in the current version, it might be necessary to force you to update to a new version and you are aware that Handpoint reserves the right to stop you from using the Application unless you update to the recommended version.
VIII. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Iceland and you irrevocably submit to the exclusive jurisdiction of the courts in Iceland.
IX. Privacy Policy
Your privacy is important to us. It is Handpoint ́s policy to respect your privacy regarding any information we collect as part of providing the Service to you. Accordingly, we have developed this privacy policy for you to understand how we collect, use, communicate, disclose, and otherwise make use of personal information. We have outlined our privacy policy below.
- We need to collect personally identifiable information (PII), and reserve the right to collect location-based information by the use of GPS, to provide the service. We will collect the information we require by lawful and fair means, and you agree to provide us the necessary information required to provide you with the Service. We will manage all information collected in accordance with applicable laws and GDPR (General Data Protection Regulation).
- We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, such as marketing, unless we obtain your consent or as required by law.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date.
- We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
- We will only retain personal information for as long as necessary for the fulfilment of those purposes.
- You may at any time ask us to delete or send you a sample of all information we contain about you or your business by sending us an email to support@handpoint.com. In the case you ask for deletion of information please be aware that it will make it impossible for us to continue to provide the Service so we consider that the equivalent of you cancelling your license to use the Service.
- All questions regarding these terms and conditions of service, your account and personal information shall be sent to support@handpoint.com.
We are committed to conducting our business in accordance with these principles to ensure that the confidentiality of personal information is protected and maintained. Handpoint may change this privacy policy from time to time at Handpoint sole discretion, but we will always seek your approval of any changes made.