Terms and Services
Effective Date: March 1, 2023
Publication date: March 1, 2023
We have included red notations below to emphasize certain parts of our terms and to help guide you as you read them. The annotations are not summaries, so please take the time to read everything!
This page describes the general terms that apply to your use of any of our services. By using our services, you agree to these terms in addition to any other terms that apply to a specific service you are using (such as Team Management, for example). If you use our services on behalf of your company, your company also agrees to them.
These General Terms of Service (“General Terms”) are a legal agreement between you, as a current or prospective customer of DooshPay’s services (“you”, “your”) and “Doosh, Inc.”, “we”, “us”, ” our” or “us”) and govern your use of DooshPay’s services, including mobile applications, websites, software, cloud-based solutions, hardware, and other products and services (collectively, the “Services” ). By using any of the Services, you agree to these General Terms and any policies referenced in (“Policies”), including our Privacy Notice (see Section 8) and terms limiting our liability (see Section 18) and require individual arbitration for any potential legal disputes (see Section 21), which are collectively incorporated herein by reference. You also agree to any additional terms specific to the Services you use (“Additional Terms”), such as those listed below, which become part of your agreement with us (collectively, the “Terms”). If you are using the Services on behalf of a business, you represent to us that you have the authority to bind that business or entity to these Terms, and that the business accepts these Terms. You should read all of our Terms carefully.
1. DooshPay Account Registration
Please provide accurate personal information during registration and keep the information up to date. We may suspend or terminate your account if you provide incomplete or false information.
You are responsible for all activity on your account.
You must open an account with us (a “Dooshpay Account”) to use the Services. During registration, we will ask you for information, which may include, but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information up to date. You are fully responsible for all activity that occurs under your Dooshpay Account, including any actions taken by persons to whom you have granted access to the Dooshpay Account. We reserve the right to change the account type, suspend, or terminate the Dooshpay Account of anyone who provides inaccurate, false, or incomplete information, or who fails to comply with account registration requirements.
2. Revisions, Disclosures and Notices
We may make updates to our terms of service at any time, and we will notify you of these updates as appropriate. By continuing to use our services after these updates, you agree to the revised terms.
You also agree to receive notices from us electronically.
We may modify the Terms at any time with notice we deem reasonable under the circumstances, by posting the revised version on our website or by communicating to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised Version constitutes your acceptance of such Revised Version.
You agree to Dooshpay’s Electronic Signature Consent. We may provide you with legally required disclosures and notices and other information about your Dooshpay Account electronically by posting it on our website, sending notices through the Services, or by emailing you to the email address listed on your Dooshpay Account. or that you otherwise provide to Dooshpay. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are deemed received by you within twenty-four (24) hours after they are posted on our website, or within twenty-four (24) hours after they are emailed to you. , unless we receive a notice that the email was not delivered. If you wish to withdraw your consent to receive electronic communications, please contact Dooshpay support. If we are unable to support your request, you may need to cancel your Dooshpay Account.
If you want to use our services, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with the police.
You may not, nor may you allow any third party, directly or indirectly, to:
- export the Services, which may be subject to export restrictions imposed by United States law.
- engage in any activity that may be in violation of regulations administered by the United States Department of Treasury, Office of Foreign Assets Control (31 C.F.R. Parts 500-599). Prohibited activity includes, but is not limited to, the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including, without limitation, activities in Iran, Cuba, North Korea, Syria, or the Crimean region of Ukraine. If you are found to be in apparent violation of these restrictions, your account may be terminated and your funds may be held for an indefinite period of time;
- access or monitor any material or information in any Dooshpay system using any manual process or robot, spider, scraper or other automated means;
- except to the extent any restrictions are expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Services, circumvent, circumvent or circumvent any of the Services’ technical limitations, use any tools to enable features or functionality that is otherwise disabled in the Services, or decompile, disassemble, or reverse engineer the Services;
- take or attempt to take any action that interferes with the proper working of the Services, prevents access to or use of the Services by our other customers, or imposes an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative works from, publicly display, republish, upload, post, transmit, resell or distribute in any way Dooshpay material, information or Services;
- use and benefit from the Services through a rental, lease, timeshare, service bureau, or other arrangement;
- transfer any rights granted to you under these General Conditions;
- use the Services in a way that is distracting or prevents you from obeying traffic or safety laws;
- use the Services for the sale of firearms, firearm parts, ammunition, weapons, or other devices designed to cause bodily harm;
- use the Services for any illegal activity or property or in any way that exposes you, other Square users, our partners, or Dooshpay to harm; either
- otherwise use the Services except as expressly permitted under these Terms.
If we reasonably suspect that your Dooshpay Account has been used for an unauthorized, illegal, or criminal purpose, you give us express permission to share information about you, your Square Account, and any of your transactions with law enforcement.
4. Supported mobile devices and third-party carriers
We do not guarantee that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or carrier. You may not use a modified device to use the Services if the modification is contrary to the manufacturer’s hardware or software guidelines, including disabling hardware or software controls, sometimes referred to as “jail broken.”
5. Your content
You retain all rights to your content when you upload it to our services, but you grant us broad rights to use, modify, and display your content on our services. You can see details about the rights you grant us below.
In addition, anything you provide to us or make available to the public through our services must not contain anything that we believe is objectionable (for example, illegal, obscene, hateful, or harmful to you, our customers, or us). We may remove any content at any time.
The Services may include functionality to upload or provide tips, recommendations, comments, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements, and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates and successors a worldwide, non-exclusive, royalty-free, fully paid up, transferable, irrevocable, perpetual and sublicensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform and publicly display your Content worldwide in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights to your Content, subject to the rights you granted us in these General Conditions. You may modify or delete your Content through your Dooshpay Account or by canceling your Dooshpay Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide Content or post, transmit, distribute or otherwise disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or give rise to civil liability; (c) breaches or infringes any duty or rights of any person or entity, including rights of publicity, privacy, or intellectual property rights; (d) contains corrupted data or any other harmful, disruptive or destructive files; (e) advertise products or services that are competitive with Square’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole discretion, is objectionable, restricts or inhibits any person or entity from using or enjoying any part of the Services, or which may expose Dooshpay, its affiliates or their customers or other persons to damages or liability of any nature.
Although we have no obligation to monitor any Content, we have the absolute discretion to remove Content at any time and for any reason without notice. Dooshpay may also monitor such Content to detect and prevent fraudulent activity or violations of Dooshpay’s General Terms. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. We assume no responsibility for any Content, including any loss or damage to any of your Content.
6. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted an Intellectual Property Policy with respect to third party claims that your material infringes the rights of others. We respond to all valid notices of such a violation, and our policy is to suspend or terminate the accounts of repeat infringers.
We take security incredibly seriously, but we can’t guarantee that bad actors won’t have access to your personal information. You should do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access our services, and by letting us know if you think an unauthorized person is using your account.
If there’s ever a dispute about who owns your account, we’re the ones to decide.
We have implemented technical and organizational measures designed to protect your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to override those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to the Services from your compatible mobile devices and computers. You will notify us immediately of any unauthorized use of your password or Square Account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Dooshpay and provide all information requested by Dooshpay to remedy the breach. Any assistance provided by Dooshpay in connection with a security breach does not in any way operate as acceptance or acknowledgment that Dooshpay is in any way responsible to you or any other party in connection with such breach.
Notwithstanding Sections 20 and 21, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbitrator of such dispute in our sole discretion. Our decision (which may include termination or suspension of any disputed Dooshpay Account) will be final and binding on all parties.
Your Personal Information By using any of our Services as a Square seller, you acknowledge our data practices that apply to you, as set forth in Dooshpay’s Account Holder Privacy Notice (the “Privacy Notice”). The Privacy Notice explains how Dooshpay collects, uses and protects the personal information you provide to us when Dooshpay uses your personal data to provide you with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice before using the Services.
Personal information of your customers and employees Dooshpay will process some of the personal data of your customers or employees on behalf of your company as a service provider (“data processor”). In such circumstances, you agree that you will comply with the data protection laws applicable to you and provide data subjects with information about the processing of their personal information that satisfies the transparency requirements of such data protection laws and that ensures that the data personal data can be processed in a fair, legal and transparent manner.
You agree that we send messages to your email or mobile devices about your account or our services, which may include marketing. You can opt out of receiving communications in ways specific to that method of communication, such as unsubscribing from emails or replying to text messages with “STOP.”
You consent to and receive communications from us, including emails, text messages, calls, and push notifications to the mobile phone number you provide to us when you sign up for a Dooshpay account or update the contact information associated with your account. Such communications may include, but are not limited to, secondary authentication requests, receipts, reminders, notifications about updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receiving promotional text messages or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your wireless carrier may apply to text messages we send you.
You may opt out of receiving promotional email communications from us by following the unsubscribe options in such emails. You can opt out of receiving promotional phone calls by informing the caller that you would not like to receive future promotional calls. You can only opt out of receiving text messages from Dooshpay by replying STOP. You acknowledge that opting out of receiving communications may affect your use of the Services.
We also provide Services that allow you to send short message service (SMS) messages to your customers (the “Seller-initiated SMS Services”). You will only use the Seller Initiated SMS Services in accordance with these Terms and all other applicable laws and regulations of the jurisdiction from which you send messages and in which your messages are received.
10. Payment services
Much of what we offer is free, but we also offer paid services. We may collect payments from a payment service, either by charging your linked debit/credit card or by taking payment from your transaction proceeds, Dooshpay account balance or linked bank account.
We will notify you 30 days in advance if we change our subscription rates, and you can cancel your subscription at any time.
Dooshpay Services include paid services (“Paid Services”) and free Services, for which no fees are charged (“Free Services”). Dooshpay offers certain paid Services that will be paid on a recurring basis (“Subscription Services”) and others on an as-used basis (collectively, “Paid Services Fees”). Subscription Services may be subject to recurring fees and/or terms. By registering for a Subscription Service, even after any free trial period, you agree to pay us the subscription fee and any applicable taxes (“Subscription Fee”). Please see the Payment Terms for terms applicable to Paid Services.
Paid Service Fees may be paid by debit card, credit card or deducted from your transaction proceeds; however, paid service fees related to hardware can only be paid by debit card or credit card. If you link a debit or credit card to your account, you authorize us to charge service fees paid by debit to your linked debit card or charged to your linked credit card. Regardless of the payment device, we reserve the right to collect paid service fees by deducting your transaction proceeds, the Balance (as defined in the Payment Terms) in your Dooshpay Account or your linked bank account.
Unless otherwise provided in the terms of a Subscription Service, Subscription Fees will be charged on the first of each month until cancelled. You may cancel a Subscription Service at any time from your Dooshpay Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service until the end of your then-current billing period, but you will not be entitled to a refund or credit for any Subscription Fees already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days prior notice. Your continued use of the Subscription Services following notification of a change in our Subscription Fee will constitute your acceptance of such changes.
You are responsible for all applicable taxes arising from or resulting from your use of the Square Services. For the avoidance of doubt, all sums payable by you to Square under the Terms will be paid free of charge and free of any deductions or withholdings. Other than any taxes that Dooshpay may collect from you and remit to the relevant tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant tax authority.
11. Modification and termination
We may cancel or deny access to our services at any time and for any reason. You may also choose to deactivate your account at any time.
We may terminate these General Terms or any Additional Terms, or suspend or terminate your Dooshpay Account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Services or any feature or aspect of a Service. We will take reasonable steps to notify you of termination or these other types of changes to the Service by email or the next time you try to access your Dooshpay Account. You may also terminate the General Terms and Additional Terms applicable to your Dooshpay Account by deactivating your Dooshpay Account at any time.
12. Effect of termination
Once our relationship ends, we are not responsible for any losses you experience due to terminating our services or deleting your data from our servers. Some terms of our agreement will continue to apply even after our relationship ends.
If these General Terms or your Dooshpay Account are terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will terminate, (b) you agree to immediately terminate and cease use of all Services, ( c) we may (but are not required to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, refunds or damages for any termination or suspension of the Services, or by deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these Terms survive and remain in effect in accordance with their terms upon termination: 5 (Your Content), 6 (Copyright Infringement and Trademarks), 7 (Security), 8 (Privacy), 12 (Effect of Termination), 14 (Property), 15 (Indemnification), 16 (Representations and Warranties), 17 (No Warranties), 18 (Limitation of Liability and Damages), 19 (Third Party Products), 20 (Disputes), 21 (Binding Individual Arbitration), 22 (Applicable Law), 23 (Time Limitation to File a Dispute), 24 (Assignment), 25 (Service third parties and links to other websites) and 28 (Other provisions).
13. Your license
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Paid Services, and a limited, non-exclusive, revocable, non-transferable, non-sublicensable, royalty-free license to use the Free Services as authorized in these General Terms. We may make updates to the Services available to you, which you must accept in order to continue using the Services. Such updates may be subject to additional terms disclosed to you at the time.
While we are happy to allow you to use our services, you do not have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services for free.
We reserve all rights not expressly granted to you in these General Conditions. The Services are protected by copyright, trademark, patent, and other laws of the United States and other countries. We own all right, title and interest, in and to the Services and all copies of the Services. These General Terms do not grant you any rights in our trademarks or service marks.
For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyrights, rights in disguised work, moral rights, rights of publicity, trademark, trade dress and service mark rights, good will, trade secret rights and other intellectual property rights that may now exist or arise in the future, and all applications, registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may submit comments, feedback, or ideas about the Services (“Ideas”). Submission of ideas is entirely voluntary, and we are free to use any ideas we see fit without obligation to you.
If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.
You will indemnify, defend, and hold harmless us and our processors (and our respective employees, directors, agents, affiliates, and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties , interest and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry or other proceeding instituted by any person or entity arising out of or relating to: (a) any actual or alleged breach of your representations, warranties or obligations set forth in these Terms; (b) your misuse or misuse of the Services; (c) your violation of any third-party right, including, without limitation, any right of privacy, right of publicity, or intellectual property right; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any third party claim made by your Buyer in respect of Dooshpay’s processing of your customer/Buyer’s Personal Information in connection with the provision of the Services; and (f) access and/or use of the Services by third parties with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which Dooshpay provides, or provides you with, payment processing services in accordance with the Terms.
16. Declarations and guarantees
Here is the part where you promise that you are who you say you are, and that you will obey the law and our terms.
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register for and use the Services and have the right, power and ability to enter into and comply with these General Terms; (c) any information you provide in connection with the Services, including your company name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state and local laws, rules and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent business or in any way to interfere with the operation of the Services; and (f) your use of the Services will comply with these Terms.
17. No guarantees
While we do our best to provide excellent products and services to our customers, we provide them as is with no warranties. We are not responsible for the goods and services that you may buy or sell using the Doospay services.
THE USE OF “DOOSHPAY” IN SECTIONS 17 AND 18 MEANS DOOSHPAY, ITS PROCESSORS, ITS SUPPLIERS AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, EITHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, SQUARE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DOOSHPAY DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, FREE OF DEFECTS OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
DooshPaydoes not guarantee, endorse, warrant or assume any responsibility or liability for any product or service advertised or offered by any third party. Dooshpay has no control over, or responsibility for, the goods or services paid for using the Services.
18. Limitations of Liability and Damages
As described below, if something bad happens because of your use of our services, our liability is limited.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOOSHPAY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, GOODWILL, USAGE, , DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE, INABILITY TO USE OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, SQUARE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES SHALL DOOSPAY BE LIABLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR DOOSHPAY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOOSHPAY’S AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTH PERIOD TO THE EVENT GIVING RISE TO THE LIABILITY CLAIM, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DOOSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
19. Third Party Products
All third-party hardware and other products included in or sold with the Services are provided solely in accordance with the warranty and other terms specified by the manufacturer, who is solely responsible for the service and support of your product. For service, support, or warranty assistance, you should contact the manufacturer directly. DOOSHPAY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
When you see the word “Dispute” in these terms, this is what it means.
“Disputes” are defined as any claim, controversy, or dispute between you and Dooshpay, its processors, suppliers, or licensors (or their respective affiliates, agents, directors, or employees), whether arising before or during the term of these Terms, including any claim, controversy, or dispute based on any conduct by you or Square that occurred prior to the effective date of these Terms, including any claim related in any way to these Terms or the Services, or any other aspect of our relationship.
21. Binding Individual Arbitration
Esta sección proporciona detalles sobre cómo resolveremos las disputas a través del proceso de arbitraje.
Generalities. You and Dooshpay agree that any and all Disputes, except those resolved informally or placed in small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief as a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL BE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTION, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED. YOU GIVE UP ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU GIVE UP ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST DOOSHPAY. If any provision of this arbitration agreement is held unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will apply (but in no event will there be class or representative arbitration).
Requirement prior to filing to attempt to resolve disputes. Before any arbitration is commenced, either you or Square agree to try to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties acknowledge that this is an important requirement, and that failure to comply with this requirement would be a material breach of the Terms. To provide this opportunity, prior to initiating any arbitration or claim, each party agrees to provide the other party with a Written Notice (“Notice”). Any notice to Dooshpay must be mailed to Doosh, Inc., Attn: Fraud Prevention, Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; ii) provide sufficient detailed information to assess the merits of the complaining party’s individualized claim and for the other party to determine whether an amicable resolution is possible; and iii) establish the specific relief requested, including the amount of money demanded and the means by which the defendant calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not sooner, either party may commence arbitration. Each party agrees that the state courts of the city and state of Valencia, Carabobo, or the competent courts, referred to below, may file injunctive relief to enforce the pre-filing requirements of this paragraph, including a court order to stay an arbitration that has been commenced in violation of this paragraph.
Scope of arbitration. If we are unable to resolve the Dispute through informal negotiation or, as provided below, in small claims court, all Disputes will be finally and exclusively resolved by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) in accordance with this Section and the Commercial Arbitration Rules for that forum, except that you and Dooshpay shall have the right to file early or summary resolution motions and to request that the AAA’s Expedited Procedures be applied regardless of the amount of the claim. Except as set forth above, the Arbitrator shall be responsible for determining all issues of threshold arbitrability, including issues related to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unreasonable, or illusory. and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may choose to pursue a Dispute in local small claims court instead of through arbitration, as long as the matter remains in small claims court and proceeds only on an individual basis. . If a party has already filed a demand for arbitration with the AAA, the other party may, in its sole discretion, inform the AAA that it elects to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no debt owed by the respondent to the arbitration.
Arbitration proceedings. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will take place in Valencia Carabobo, in another mutually acceptable place or, if both parties agree, by telephone or videoconference. The Arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Dooshpay values your privacy, especially with respect to your financial data and transactions. Each party will maintain the confidential nature of the arbitration and will not disclose (without the prior written consent of the other party) to any third party the fact, existence, content, award or other result of the arbitration, except as necessary. to enforce, enter or challenge such award in a court of competent jurisdiction or as required by applicable law. While an arbitrator may award injunctive or declaratory relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide secured relief for the individual party’s claim. The decision and ruling of the Arbitrator in this regard will not have a precedent or collateral estoppel effect.
Arbitration Fees. Under the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Square also include each other’s subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns, as well as authorized users or beneficiaries of the Services.
Opt out. You may opt out of this provision, in which case only a court may be used to resolve any Dispute. To opt out of this provision, you must send us an opt-out notice (the “Opt-out”) within thirty (30) days after you create a Dooshpay account or we first provide you with the right to opt out of this provision.
The opt-out must be mailed to Doosh, Inc. This is the only way to opt out of this provision. Opting out will not affect any other aspect of the General Terms, Additional Terms, or the Services, and will not have any effect on any other agreement or future agreement you may enter into to arbitrate with us.
Legal proceedings. Subject to and without waiver of the above arbitration provisions, you agree that any judicial proceeding (other than small claims actions as discussed above) will be brought and you hereby consent to exclusive jurisdiction and venue in the state courts of the City of Orlando, Florida, or the appropriate court.
22. Applicable law
Our relationship is governed by the laws of Venezuela.
These General Terms and any Dispute will be governed by the Law of the United States of America, as set forth above, without regard to its choice of law or conflicts of law principles.
23. Limitation of time to start a dispute
Any action or proceeding by you in connection with any Dispute must be commenced within one year after the cause of action accrues.
You may not transfer any rights you have under our terms of service to anyone else.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment shall be null and void.
25. Third Party Services and Links to Other Websites
While using our products and services, third party services may be offered to you. We are not responsible for any problems you may have with them.
DooshPay may offer you services, products and promotions that are provided by third parties and not by Dooshpay, including, without limitation, third party developers using Dooshpay’s services (“Third Party Services”). If you choose to use third party services, you are responsible for reviewing and understanding the terms and conditions of those services. We are not responsible for the performance of Third Party Services. In addition, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Service with that third party directly in accordance with the terms and conditions of that relationship, and not with Dooshpay. The Services may contain links to third party websites. The inclusion of any link to the Website does not imply an approval, endorsement or recommendation by Dooshpay. Said third-party websites are not governed by these General Conditions. You access such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third-party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those linked to on the Services, is subject to that website’s own terms, rules and policies.
26. Third party beneficiaries
Nothing in these General Terms, and any applicable Additional Terms, is intended to or will create any rights with respect to the subject matter of these General Terms, and any applicable Additional Terms in any third party.
27. Other provisions
These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Dooshpay with respect to the Services. In the event of a conflict between these General Terms and any other agreement or Dooshpay Policy, these General Terms will control and control the subject matter of such conflict. If any provision of these General Terms or any Additional Terms is invalid or unenforceable under applicable law, then it will be changed and construed to achieve the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions will continue in full force and effect. and effect. These General Terms do not limit any rights we may have under trade secret, copyright, patent or other laws. No waiver of any term of these General Terms shall be deemed a further or continuing waiver of such term or any other term.