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Last Updated July 1st, 2019
Thank you ("You") for visiting a website owned by Euphoric State. or one of its subsidiaries: Piñata, Inc. (collectively, "Piñata" "we", "us" and "our"). Euphoric State operates Piñata.
Before registering, accessing, or using any of the Website or Tools, please read on. By registering, accessing, or using the Website or Tools, You accept the terms and conditions outlined in this Agreement. If You do not agree to the Agreement, You may not access the Website or Tools. If You use the Services (as defined below) on behalf of a business, You represent and warrant that You can enter into this Agreement with Piñata on behalf of that business, that You accept the terms and conditions contained herein on behalf of that business, and that You have received a copy of the Agreement.
In addition to this Agreement concerning the use and access of the Website or Tools, further terms and conditions may apply to Your use of the Website or Tools and Piñata Services ("Customer Agreement"). To the extent any of the terms of the Agreement are inconsistent with Customer Agreement, the Customer Agreement will control.
Piñata provides online electronic payment services to merchants (the "Services"). The Services are provided in accordance with the Customer Agreement entered into by the merchants and Piñata.
You agree and acknowledge that Your data may be processed by staff operating outside the US, EEA and Switzerland who work for Us or one of Our partners, merchants or affiliated companies, or one of our third-party suppliers, or third-party service providers. Such staff maybe engaged in, among other things, the fulfilment of your transaction, the processing of your payment details, improving our Website or Tools and services, technical support, fraud review, and the provision of other support services.
When and if You access any of the Website or Tools, or send any emails to Piñata, You are electronically communicating with Us. Such action constitutes consent to the receipt of Piñata's electronic communications. We may e‐mail You back or post notices on the Website or Tools. Such action also confirms that all communications We provide to You electronically do satisfy legal requirements that such communications be in writing, if applicable.
As between you and Piñata, the Website and tools and related design (including but not limited to text, content, photographs, video, audio, interfaces, graphics, and the selection and the arrangement thereof), and all intellectual property rights therein are and shall at all times remain the sole and exclusive property of Piñata and are protected by applicable US and international intellectual property laws and treaties. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website and Tools ("Submissions"), provided by you to Piñata are voluntary, non-confidential, and Piñata will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Any use of the materials on the Website or Tools, other than as permitted by agreement (including reproduction, modification, distribution, or republication), without prior written permission of Piñata, is prohibited.
You are granted a nonexclusive and nontransferable license to electronically access and use the Website and Tools only in the manner described in this Agreement. Piñata does not sell to you, and you do not have the right to sublicense any Piñata intellectual property. You agree and acknowledge that Piñata has the right to change the content or technical specifications of any aspect of the Website and Tools, including the availability of any API, at any time, in Piñata's sole discretion. Piñata may release subsequent versions of APIs, and You may be required to use those subsequent versions. You further agree that any such change may result in You being unable to access the Website and Tools. Piñata may revoke or terminate this license at any time, without liability.
This Agreement does not include any right for you to use any trademark, service mark, trade name or any other mark of Piñata or any other party or licensor. You agree that Piñata may list your name and/or your application (including by displaying any trademarks related thereto) and identify the business relationship between the You and Piñata on Piñata's Website and Tools and in other marketing and advertising collateral. No rights or licenses are granted except as expressly set forth herein.
We may make secret API keys for live and test transactions available to you through the Developer Portal. Secret keys permit API calls to your Piñata processing account. You are responsible for securing your secret keys – do not publish or share them with any unauthorized persons. Failure to secure your secret keys will increase the likelihood of fraud on your Piñata processing account and potential losses to you or your customers. You should contact Us immediately if you become aware of any unauthorized use of your secret key or any other breach of security regarding the Services. We provide more details on proper use of secret API keys in our documentation.
You may be asked to create an account with Piñata or be given credentials to an account for You to access the Website or Tools (such personal account, "Account"), which allows us to remember You, store certain identifying information (such as a password or Your email address). You are solely responsible for maintaining the confidentiality of Your password, restricting access to Your Account, and are fully responsible for all activities occurring on Your Account. You agree to notify Piñata immediately if You notice unauthorized use of Your password, unauthorized access to Your Account, unauthorized access to Your information, or any other breach of security. You agree that Piñata is not liable for any damages or loss arising from Your failure to comply with this section. Either You or Piñata may close and/or suspend access to Your Account at any time. You may close Your Account by sending an e-mail to email@example.com.
In order to test the Piñata Services and technology, Piñata may provide you with a sandbox environment provided as part of the Piñata Developer Tools (such sandbox environment, "Sandbox"). If you access the Sandbox with Your personal Account provided by Piñata, Your use of the Sandbox and any data or information You input into the Sandbox will be available only to users that access the Developer Portal with Your personal Account. Important: Piñata may provide a public account for any user of the Developer Portal to access the Sandbox. If you access the Sandbox with such public account, Your use of the Sandbox, and any data or information that You input into the Sandbox, will be available to all users that access the Developer Portal.
In any case, You may only use anonymous, non-live data and You may not enter any confidential, sensitive, personally identifiable information, or Personal Data (as defined by the General Data Protection Regulation (Regulation (EU) 2016/679)) into the Sandbox. Data and other information provided to or made available in the Sandbox is not encrypted. Piñata will have no responsibility or liability for any information You enter into the Sandbox, or otherwise from your use of the Sandbox. You are fully responsible for the security of any data or information you provide in connection with the Developer Portal, and You must comply with all applicable laws and rules in connection with Your provision and use of such data and information.
You may only use the Piñata platform/applications if you are 18 years or older, capable of forming a binding contract with Piñata and are not barred from using our services under applicable law. You may not use the Website or Tools for any purpose other than as expressly set forth herein without Piñata's prior written consent, including without limitation to access Piñata user data or information without authorization or in any manner or for any purpose that violates any law or regulation or any right of any person (including but not limited to intellectual property rights or rights of privacy). You may not submit or link to any content that violates anyone’s privacy or publicity rights. You may not use the Website or Tools to build a product or service that is competitive with Piñata, the Piñata Services, or engage in any practices that discriminate against or discourage the use of Piñata Services. In addition, you shall not use the Website or Tools in connection with or to promote any applications or other products, services, or materials that constitute, promote or are used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to U.S. embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution; gambling; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons. Without limiting the foregoing, you shall not use the Website or Tools or Piñata Services for any illegal purpose. Except as expressly and unambiguously authorized under this Agreement, you may not (i) copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent such restrictions are expressly prohibited by applicable statutory law), modify or alter any part of the Website or Tools or Piñata Services, or (ii) otherwise use the Website or Tools or Piñata Services on behalf of any third party. You may not use any robot, spider, or other automatic device to create accounts for use of the Piñata Developer Tools and you will not take any action that imposes an unreasonable or disproportionately large load on Piñata's infrastructure.
"Confidential Information" means all information related to the Developer Portal, including but not limited to the following: (i) any information you receive or enter via the Developer Portal (including the sandbox environment), (ii) the Piñata Developer Tools and all related information and materials, including without limitation API credentials and all access IDs and passwords, (iii) all information disclosed in writing and marked "confidential", proprietary," or with a substantially similar marking, (iv) all information disclosed orally and identified as confidential at the time of the disclosure, and (v) any other information that by its nature you understand or would reasonably be expected to understand to be Piñata's confidential information. You must maintain Piñata's Confidential Information in confidence and must not disclose it to third parties or use it for any purpose other than as necessary and required to develop your application as permitted herein. In the event that Confidential Information is required to be disclosed by a court, government agency, regulatory requirement, or similar disclosure requirement, you shall immediately notify Piñata and use reasonable efforts to obtain confidential treatment or a protection order of any disclosed Confidential Information. Your obligations hereunder shall survive the termination of this Agreement. You acknowledge that monetary damages may not be a sufficient remedy for unauthorized use or disclosure of Confidential Information and that Piñata will be entitled (without waiving any other rights or remedies) to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction, without obligation to post any bond.
You agree that Piñata shall have no liability whatsoever for any use you make of the Sites, Developer Portal, or Piñata Developer Tools. You agree to indemnify and hold harmless Piñata from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys’ fees) arising from Your use of the Sites, Developer Portal, or Piñata Developer Tools, or your breach of this Agreement.
THE SITES, DEVELOPER PORTAL, PIÑATA DEVELOPER TOOLS, AND ALL CONTENT, SOFTWARE, MATERIALS AND OTHER INFORMATION PROVIDED BY PIÑATA OR OTHERWISE ACCESSIBLE TO YOU IN CONNECTION WITH THIS AGREEMENT OR PIÑATA SERVICES, ARE PROVIDED "AS IS" AND PIÑATA , AND THEIR RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO WARRANTY OF ANY KIND (AND DISCLAIM ALL WARRANTIES OF ANY KIND) WITH RESPECT TO THE FOREGOING, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, PIÑATA MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PIÑATA MAKES NO WARRANTY REGARDING THE QUALITY OF THE SERVICES, SITES, DEVELOPER PORTAL, OR PIÑATA DEVELOPER TOOLS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL PIÑATA OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITES, DEVELOPER PORTAL, PIÑATA DEVELOPER TOOLS, OR PIÑATA SERVICES, EVEN IF PIÑATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (B) ANY DAMAGES RELATING TO THE SITES, DEVELOPER PORTAL, PIÑATA DEVELOPER TOOLS, OR PIÑATA SERVICES, OR YOUR USE THEREOF. YOU AGREE THAT IN NO EVENT WILL PIÑATA’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED FIFTY US DOLLARS ($50).
This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Contra Costa County, California, USA in all disputes arising out of or related to the use of the Site, Developer Portal, or Piñata Developer Tools.
This Agreement contains the entire understanding between You and Piñata with respect to its subject matter, superseding all prior and contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter. If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force.
By using or accessing the Website or Tools, You represent and warrant that You have read, acknowledge, and agree to be bound by this Agreement. You further represent and warrant that: (i) You will comply with all applicable law regarding the transmission of any data obtained from the Sites, Developer Portal, or Piñata Developer Tools, (ii) You will not use the Sites, Developer Portal, or Piñata Developer Tools for illegal purposes, and (iii) You will not interfere or disrupt networks connected to the Sites.
The Website or Tools, or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States or European Union embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; (c) to any prohibited person, group, or entity subject to European Union financial sanctions; and (d) to any prohibited country, person, end-user, or entity specified by US Export Laws or any other applicable law. When using the Website or Tools, You are responsible for complying with trade regulations and both foreign and domestic laws.
This Agreement will commence on the Effective Date and shall continue until terminated by either party. Any termination of this Agreement shall also terminate the license(s) granted hereunder. Upon termination of this Agreement for any reason, You shall destroy and remove from all computers, hard drives, networks and other storage media all copies of documentation relating to the Piñata Developer Tools, and shall so certify to Piñata upon request that such actions have occurred. Sections 2-5; 7; 9-13; and 16-17 shall survive termination of this Agreement.
All notices and other communications under this Agreement must be in writing and may be made by means of email or a posting on, or update to a Piñata Site or Developer Portal (if pertaining to the Developer Portal or Piñata Developer Tools). Notices to You will be delivered to the email address provided to Piñata or by posting on or update to a Piñata Site or Developer Portal (if pertaining to the Developer Portal or Piñata Developer Tools). Notices to Piñata can be made via email at firstname.lastname@example.org or via certified mail or overnight courier to: Piñata, 2121 N. California Blvd., Suite 400, Walnut Creek, CA 94596.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. You may not assign this Agreement or any rights, obligations, or privileges under this Agreement without Piñata's prior written consent. Piñata may assign its rights and obligations under this Agreement at any time without notice to You.
Piñata charges a $2 ACH fee when using our integrated ACH payment service. All payment processing fees are waived during the Pilot Program. All members will be notified 30 days in advance of activating the $2.00 processing fee.
Effective Date: 2019-01-28