Product Terms – Tekion Pay

The below product terms apply to Your use of Tekion Pay. By completing the purchase process, You agree to the below terms.

  1. DEFINITIONS
    1. Any capitalized terms not specifically defined here have the same meaning as in the Master Subscription Agreement between You and Us ("Agreement").
    2. Access to Tekion Pay. Subject to the terms and conditions in the Agreement, We will make the Tekion Pay available to You as specified in the applicable Order Form during the term set out in the applicable Order Form.
    3. Stripe Connected Account Agreement. Use of Tekion Pay requires You to successfully complete an account application process with Stripe, Inc. ("Stripe") and agree to Stripe’s connected account agreement (accessible at https://stripe.com/[Country Code]/connect/account-terms where "[Country Code]" is the two letter code for the jurisdiction in which You are located) ("Stripe Connected Account Agreement"). Your access and use of Tekion Pay is subject to your compliance with the Stripe Connected Account Agreement. You acknowledge and agree that Tekion is not a party to the Stripe Connected Account Agreement and You are solely responsible for complying with its terms and conditions. Please review Stripe’s terms of service available at https://stripe.com/us/legal to understand how Stripe processes payments, and Stripe’s privacy policy available at https://stripe.com/us/privacy to understand Stripe’s privacy practices. We are not responsible for Stripe’s services. To the extent there is a refund request or other payment request, any such adjustment must be made directly by You, and We are not responsible for making any refunds or reversing any payments.
    4. Payment Processing. You expressly authorize us (or our third-party payment processors) to charge You or any eligible User as part of Your and/or the User’s use of Tekion Pay. We may ask you to supply additional information relevant to your Tekion Pay transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information including any such Payment Information obtained from a User. When you initiate a Transaction, You authorize Us to provide your Payment Information to third parties so we can complete your Tekion Pay transaction and to charge Your payment method for the type of transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify Your identity before completing Your Tekion Pay transaction (such information is included within the definition of Payment Information).
    5. Restrictions on Use. In addition to the restrictions on use set forth in the Agreement, You must not (i) use Tekion Pay for any fraudulent, unlawful, deceptive, or abusive purposes, or in any manner harmful to, or intended to harm, Tekion, Stripe or any third party; or (ii) use Tekion Pay for any activity listed in the Prohibited Businesses List made available by Stripe, as updated from time to time.
    6. Tekion Pay Data. "Tekion Pay Data" means any data about Your transactions via Tekion Pay or otherwise about Your use of Tekion Pay. Tekion Pay Data is included in Your Data for all purposes of the Agreement. You grant Us permission to allow Stripe to access and process Your Tekion Pay Data as required for the operation of Tekion Pay. We are not responsible for any use, disclosure, modification or deletion of Your Tekion Pay Data by Stripe.
    7. Fees for the Tekion Pay. You will pay Us for use of the Tekion Pay the rates specified in the applicable Order Form.
    8. Indemnity by You. In addition to Your indemnification obligations to Us in the Agreement, You will indemnify Us from and against all losses, damages, liabilities, costs, expenses (including reasonable legal fees), penalties and fines paid or incurred by Us to the extent arising out of: (a) Your or Your Users’ breach of the Stripe Connected Account Agreement or these terms; (b) Your or Your Users’ use of Tekion Pay, including any act or omission by You or Your Users related to Tekion Pay; (c) inaccurate or incomplete information provided to Us, Stripe, or any third-party by or on behalf of You or Your Users; and (d) all activity in Your Tekion Pay account, whether initiated by You or not (including all transactions, disputes (including chargebacks), refunds, reversals, and associated fines); and (e) any use of Tekion Pay in a manner prohibited by applicable Law, under the Agreement or the Stripe Connected Account Agreement.