Welcome to Paymob.

This Paymob Services Agreement ("Agreement") is a legal agreement between Paymob ("Paymob", "us", or "we") and the entity or person ("you", "your", or "user") who registered on the Paymob Account page to have license related to online or electronic documents (Documents) and the service you connect to through your electronic devices using our platforms (Platform) and the content we provide to you through it (the Service). Paymob and you are separately and jointly referred to as the “Party” or the “Parties”.

This Agreement describes the terms and conditions that apply to your use of the Services.

If you do not understand any of the terms of this Agreement, please contact us on 19079 before using the Services.

You may not access or use any Services unless you agree to abide by all the terms and conditions in this Agreement.

Section A General Terms.

Section B Paymob Technology.

Section C Services.

Section D Data Security Usage, Privacy, and Security.

Section E The legal terms that apply to you.

SECTION A: GENERAL TERMS

1. OVERVIEW OF THIS AGREEMENT

This Agreement provides a general description of the Services that Paymob may provide to you, including those that allow you to accept payments from purchasers of your goods or services to your organization (your "Customers"). Before using the Services, you must register with Paymob and create an account (a "Paymob Account").

2. YOUR PAYMOB ACCOUNT

2.1 Only merchants or other entities or persons are eligible to apply for Paymob Account to use the Services mentioned in this Agreement. Paymob and its affiliates may provide Services to you or your affiliates in different countries or regions under separate agreements.

2.2 To register for a Paymob Account, you or your entities submitting the application (your "Representative") must provide us with your business or trade name, physical address, email, phone number, business identification number, URL, the nature of your business or activities, and certain other information about you that we require. We may also collect personal information of your customers (including name, birthdate, and government-issued identification number). Until you have submitted, and we have reviewed and approved, all required information, your Paymob Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason.

2.3 At any time during the term of this Agreement and your use of the Services, we may require additional information from you to verify beneficial ownership or control of the business, validate information you provided, verify you or your Representative's identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners, or principals. If you use Payment Processing Services, we may also request that you provide copies of financial statements or records pertaining to your compliance with this Agreement or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your Paymob Account.

2.4 You agree to keep the information in your Paymob Account current. You must promptly update your Paymob Account with any changes affecting you or Paymob Account. For instance, the nature of your business activities, your Representatives, beneficial owners, principals, or any other pertinent information. We may suspend your Paymob Account or terminate this Agreement if you fail to keep this information current.

2.5 You also agree to promptly notify us in writing no more than three (3) working days after any of the following occur: you are the subject of any voluntary or involuntary bankruptcy or insolvency application, petition or proceeding, receivership, or similar action (any of the foregoing, a "Bankruptcy Proceeding"); there is an adverse change in your financial condition; there is a planned or anticipated liquidation or substantial change in the basic nature of your business; you transfer or sell 25% or more of your total assets, or there is any change in the control or ownership of your business or parent entity; or you receive a judgment, writ or warrant of attachment or execution, lien or levy against 25% or more of your total assets.

3. Fees and Fine

3.1 Paymob will provide the Services to you at the rates and for the fees ("Fees") described on the Pricing page, linked here and incorporated into this Agreement. The Fees include charges for Transactions (such as processing a payment) and for other events connected with your Paymob Account (such as handling a disputed charge). We may revise the Fees at any time. However, we will provide you with at least thirty 30 days' advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).

3.2 You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority, including any value added tax, goods and services tax, sales tax, and applicable indirect and transactional taxes ("Taxes") on the Services provided under this Agreement. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.

3.3 In addition to the Fees, you are also responsible for any penalties or fines imposed in relation to your Paymob Account on you or Paymob by Paymob or any Payment Method Provider or Payment Method Acquirer (each as defined in Section C) resulting from your use of Payment Processing Services in a manner not permitted by this Agreement or a Payment Method Provider's rules and regulations.

4. Services and Paymob Account Support

4.1 We will provide you with support to resolve general issues relating to your Paymob Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of Paymob's support pages, API documentation, and other pages on our website (collectively, "Documentation"). The most efficient way to get answers to your questions is to review our Documentation. If you still have questions after reviewing the Documentation, please contact us.

4.2 You are solely responsible for providing support to Customers regarding Transaction receipts, product or service delivery, support, returns, refunds, and any other issues related to your products and services and business activities. We are not responsible for providing support for the Services to your Customers unless we agree to do so in a separate agreement with you or one of your customers.

5. Taxes and Other Expenses

5.1 Our fees are exclusive of any applicable Taxes, except as expressly stated to the contrary. You have sole responsibility and liability for: (i) determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you receive in connection with your use of the Services; and (ii) assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities. If we are required to withhold any Taxes, or we are unable to validate any tax-related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon our reasonable request, you must provide us with information regarding your tax affairs.

5.2 We may send documents to you and tax authorities for Transactions processed using the Services. Specifically, pursuant to applicable Law, we may be required to file periodic informational return with taxing authorities in relation to your use of the Services. If you use Payment Processing Services, you acknowledge that we will report the total amount of payments you receive each calendar year as required by appropriate tax and revenue authorities. We also may, but are not obliged to, electronically send you tax-related information.

6. Service Requirements, Limitations and Restrictions

6.1 Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations ("Laws") applicable to your use of the Services and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.

6.2 Confidentiality: We are responsible for maintaining confidentiality of your data, which will not be disclosed except at request of the supervisory authorities or as required by legal procedures or after your approval. However, you are responsible for protecting your data with username and password that allow you to enter the Platform.

6.3 Other Restricted Activities: You may not use the Services to facilitate illegal Transactions or to permit others to use the Services for personal, family or household purposes. In addition, you may not allow, and may not allow others to: (i) access or attempt to access non-public Paymob systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws; (iii) act as service bureau or pass-through agent for the Services with no added value to Customers; (iv) transfer any rights granted to you under this Agreement; (v) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (vi) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; (vii) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users; or (ix) impose an unreasonable or disproportionately large load on the Service.

6.4 Suspicion of Unauthorized or Illegal Use: We may refuse, condition, or suspend any Transactions that we believe: (i) may violate this Agreement or other agreements you may have with Paymob; (ii) are unauthorized, fraudulent, or illegal; or (iii) expose you, Paymob, or others to risks unacceptable to Paymob. If we suspect or know that you are using or have used the Services for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your Paymob Account, your customers, and Transactions made through your use of the Services.

7 Disclosures and Notices; Electronic Signature Consent

7.1 Consent to Electronic Disclosures and Notices: By registering for a Paymob Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Paymob ("Notices"), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.

7.2 Methods of Delivery: You agree that Paymob can provide Notices regarding the Services to you through our website or through the Dashboard (as defined below), or by mailing Notices to the email or physical addresses identified in your Paymob Account. Notices may include notifications about your Paymob Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you.

7.3 SMS and Text Messages: You authorize us to provide Notices to you via text message to allow us to verify your or your Representative's control over your Paymob Account (such as through two-step verification), and to provide you with other critical information about your Paymob Account. In the event of a suspected or actual fraud or security threat to your Paymob Account, Paymob will use SMS, email or another secure procedure to contact you. Standard text or data charges may apply to such Notices. Where offered, you may disable text message notifications in the Dashboard by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important Security Controls (as defined below) on your Paymob Account and may increase the risk of loss to your business.

7.4 Requirements for Delivery: You will need a computer or mobile device, internet connectivity, and an updated browser to access your Dashboard and review the Notices provided to you. If you are having problems viewing or accessing any Notices, please contact us and we can find another means of delivery.

7.5 Withdrawing Consent: Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Paymob Account.

8 Termination

8.1 Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Paymob. You may terminate this Agreement by closing your Paymob Account at any time by opening the data tab in your account settings, selecting "close my account" and ceasing to use the Service. If you use the Services again or register for another Paymob Account, you are consenting to this Agreement. We may terminate this Agreement or close your Paymob Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you advance Notice (the period of notice as required by applicable Law). We may suspend your Paymob Account and your ability to access funds in your Paymob Account, or terminate this Agreement, if (i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Paymob Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, Payment Method Provider or Payment Method Acquirer requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. A Payment Method Provider or Payment Method Acquirer may terminate your ability to accept a Payment Method, at any time and for any reason, in which case you will no longer be able to accept the Payment Method under this Agreement.

8.2 Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all Paymob and payment network logos from your website (unless permitted under a separate license with the payment network). Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you in accordance with Section C.

8.3 In addition, upon termination you understand and agree that (i) all licenses granted to you by Paymob under this Agreement will end; (ii) we reserve the right to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

Section B: Paymob Technology

1. API and Dashboard

1.1 Paymob has developed and provides access to the API that may be used to access the Services. You may use the API solely as described in the Documentation to use the Services on websites and through the applications identified in your Account.

1.2 You may not use the API for any purpose, function, or feature not described in the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the API and Documentation from time to time and may add or remove functionality. We will provide you Notice in the event of material changes, deprecations, or removal of functionality from the API so that you may continue using the Services with minimal interruption.

1.3 We will make publishable and secret API keys for live and test Transactions available to you through the Dashboard. Publishable keys identify Transactions with your Customers, and secret keys permit any API call to your Paymob 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 Paymob 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.

2. License

2.1 You are granted a nonexclusive and nontransferable license to electronically access and use the Paymob IP only in the manner described in this Agreement. Paymob does not sell to you, and you do not have the right to sublicence the Paymob IP. We may make updates to the Paymob IP or new Services available to you automatically as electronically published by Paymob, but we may require action on your part before you may use the Paymob IP or new Services (including activation through the Dashboard, or acceptance of new or additional terms). Paymob may revoke or terminate this license at any time if you use Paymob IP in a manner prohibited by this Agreement.

2.2 You may not: (i) claim or register ownership of Paymob IP on your behalf or on behalf of others; (ii) sublicence any rights in Paymob IP granted by us; (iii) import or export any Paymob IP to a person or country in violation of any country's export control Laws; (iv) use Paymob IP in a manner that violates this Agreement or Laws; or (v) attempt to do any of the foregoing.

3. Paymob Marks; Reference to our Relationship

3.1 We may make certain Paymob logos or marks ("Paymob Marks") available for use by you and other users to allow you to identify Paymob as a service provider. To use Paymob Marks, you must first agree to the Paymob Marks Usage Agreement. Paymob may limit or revoke your ability to use Paymob Marks at any time. You may never use any Paymob Marks or Paymob IP consisting of trademarks or service marks without our express permission, or in a manner that may lead people to confuse the origin of your products or services with ours.

3.2 During the term of this Agreement, you may publicly identify us as the provider of the Services to you and we may publicly identify you as a Paymob user. If you do not want us to identify you as a user, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and Paymob. Upon termination of your Paymob Account, both you and Paymob will remove any public references to our relationship from our respective websites.

Section C: Services

1. Financial Service Provided by Paymob

1.1 You can view your transaction history of all incoming and outgoing payments made on payment media made through us. You can also set the time period you wish to review its transactions using the drop-down menu. The transaction details for the specified time period, including debits, credits, balance, description, and adjustments are shown. These records are final and binding on you if you do not object to the same within ten (10) days from the date of the error.

1.2 You can know the details of incoming and outgoing transactions and the amounts owed to you or owed by you through the “Dafter” program.

1.3 You can accept payments due to you, related to your business, from your customers, suppliers or others through contactless technology on your mobile phone (Tap On Phone) by swiping debit cards, credit cards or prepaid cards on it, or through QR codes (QR Code) that is generated through the Platform for each payment, and collect their value in your smart wallet, or through payment links that are created for you so that you can send them directly to your customers’ favorite devices to be ready to process their payments and collect them for your account.

1.4 You can pay through different payment methods depending on the Merchant you are purchasing from.

1.5 You can be reassured about the safety of your provided data as our platform is granted the highest level of data protection as our platform is awarded the PCI License.

2. Payment Made Through the Platform

2.1 You are responsible for all transactions on or through your device. You undertake that all transactions are legitimate and used for legitimate purposes and for persons who are not prohibited from dealing with, and that the collected funds do not conflict with anti-money laundering Law and its implementing regulations and decisions implementing it.

2.2 You are responsible for giving your clients receipts or invoices for the goods or services you provide to them, in accordance with the conditions established by law.

2.3 You shall not carry out electronic payments on behalf of others.

2.4 You shall maintain confidentiality of the data of your dealers. In all cases, you shall not store or even review the numbers of the cards used. If you violate this clause and it is proven that one of your clients was harmed due to your violation or violation of one of your affiliates, you shall bear full responsibility for the resulting damage.

2.5 Different payment methods available on the Platform are subject to minimum and maximum limits that we determine from time to time. To find out the applicable limits for each payment method, please click on the link www.insertfees.com

2.6 Expenses and commissions owed to us, which we review and amend from time to time, shall be added to each payment of. For fees and commissions, please click on the link www.insertfees.com

3. Payment Processing Service

3.1 Paymob works with various Paymob affiliates, Payment Method Providers and Payment Method Acquirers to provide you with access to the Payment Methods and Payment Processing Services. Where the Payment Processing Services enable you to submit Charges, we may limit or refuse to process Charges for any Restricted Businesses, or for Charges submitted in violation of this Agreement.

4. Registering for use of Payment Processing Service

4.1 When you register for a Paymob Account, you may be asked for financial information, or information we use to identify you, your Representatives, principals, beneficial owners, and other individuals associated with your Paymob Account. Throughout the term of this Agreement, we may share information about your Paymob Account with Payment Method Providers and Payment Method Acquirers to verify your eligibility to use the Payment Processing Services, establish any necessary accounts or credit with Payment Method Providers and Payment Method Acquirers, monitor Charges and other activity, and conduct risk management and compliance reviews. We may also share your Data with Payment Method Providers and Payment Method Acquirers for the purpose of facilitating the compliance of Paymob, the Payment Method Providers, and the Payment Method Acquirers with applicable Laws and Payment Method Rules. We will review and may conduct further intermittent reviews of your Paymob Account information to determine that you are eligible to use the Payment Processing Services.

5. Processing Transactions; Disputes, Refunds, Reversals

5.1 You may only submit Charges through the Payment Processing Services that are authorized by your customers. To enable us to process Transactions for you, you authorize and direct us, our affiliates, the Payment Method Providers and Payment Method Acquirers to receive and settle any payment processing proceeds owed to you through the Payment Processing Services.

5.2 Except where Paymob and a Customer have otherwise agreed, you maintain the direct relationship with your Customers and are responsible for: (i) acquiring appropriate consent to submit Charges through the Payment Processing Services on their behalf; (ii) providing confirmation or receipts to Customers for each Charge; (iii) verifying Customers' identities; and (iv) determining a Customer's eligibility and authority to complete Transactions. However, even authorized Transactions may be subject to a Dispute. Paymob is not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.

5.3 You are immediately responsible to us for all Disputes, Refunds, Reversals, Returns, or Fines regardless of the reason or timing. We may decline to act upon a Refund instruction, or delay execution of the instruction, if: (i) it would cause your Paymob Account balance to become negative; (ii) you are the subject of Bankruptcy Proceedings; or (iii) where we otherwise believe that there is a risk that you will not meet your liabilities under this Agreement (including with respect to the Charge that is the subject of the Refund instruction).

5.4 Please keep in mind that you are liable for all losses you incur when lost or stolen payment credentials or accounts are used to purchase products or services from you. Paymob does not and will not insure you against losses caused by fraud under any circumstances. For example, if someone pretends to be a legitimate buyer but is a fraudster, you will be responsible for any resulting costs, including Disputes, even if you do not recover the fraudulently purchased product.

6. Responsibilities and Disclosures to Your Customers

6.1 It is very important to us that your customers understand the purpose, amount, and conditions of Charges you submit to us. With that in mind, when using the Payment Processing Services you agree to: (i) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge in the appropriate currency prior to submitting it to the API; (ii) provide a receipt that accurately describes each Transaction to Customers; (iii) provide Customers a meaningful way to contact you in the event that the product or service is not provided as described; (iv) not use Services to sell products or services in a manner that is unfair or deceptive, exposes Customers to unreasonable risks, or does not disclose material terms of a purchase in advance; and (v) inform Customers that Paymob and its affiliates process Transactions (including payment Transactions) for you. You also agree to maintain and make available to your customers a reasonable return, refund, cancellation, or adjustment policy, and clearly explain the process by which Customers can receive a Refund.

7. Payment Terms and Financial Services Terms

7.1 Your use of the Payment Processing Services is subject to additional terms that apply between you and one or more of Paymob, a Paymob affiliate, a Payment Method Acquirer and a Payment Method Provider. When these additional terms relate to a specific Payment Method they are "Payment Terms", and when they relate to specific Payment Processing Services they are "Financial Services Terms". By using the Payment Processing Services, you agree to the applicable, the Network International Financial Services Terms and the Financial Services Terms. Additionally, a Payment Method Provider may enforce the terms of this Agreement directly against you.

7.2 We may add or remove Payment Method Providers and Payment Method Acquirers at any time. The Payment Terms and Financial Services Terms may also be amended from time to time. Your continuing use of the Payment Processing Services constitutes your consent and agreement to such additions, removals, and amendments.

Section D: Data Usage, Privacy, and Security

1. Data Usage Overview

1.1 Protecting, securing, and maintaining the information processed and handled through the Services is one of our top priorities, and it should be yours too. This section describes our respective obligations when handling and storing information connected with the Services.

1.2 The following terms used in this section relate to data provided to Paymob by you or your Customers, or received or accessed by you through your use of the Services:

- "Payment Account Details" means the Payment Method account details for a customer, and includes, with respect to credit and debit cards, the cardholder's account number, card expiration date, and CVV2.

- "Payment Data" means Payment Account Details, information communicated to or by Payment Method Providers or Payment Method Acquirers, financial information specifically regulated by Laws and Payment Method Rules, and any other information used with the Payment Processing Services to complete a Transaction.

- "Paymob Data" means details of the API transactions over Paymob infrastructure, information used in fraud detection and analysis, aggregated or anonymized information generated from Data, and any other information created by or originating from Paymob or the Services.

- "User Data" means information that describes your business and its operations, your products or services, and orders placed by Customers.

- The term"Data" used without a modifier means all Personal Data, User Data, Payment Data, and Paymob Data.

2. Data Protection and Privacy

2.1 Confidentiality

- Paymob will only use User Data as permitted by this Agreement, by other agreements between you and us, or as otherwise directed or authorized by you. You will protect all Data you receive through the Services, and you may not disclose or distribute any such Data, and you will only use such Data in conjunction with the Services and as permitted by this Agreement or by other agreements between you and us.

- Neither Party may use any Personal Data to market to Customers unless it has received the express consent from a specific Customer to do so. You may not disclose Payment Data to others except in connection with processing Transactions requested by Customers and consistent with applicable Laws and Payment Method Rules.

2.2 Privacy

- Protection of Personal Data is very important to us. Our Privacy Policy explains how and for what purposes we collect, use, retain, disclose, and safeguard the Personal Data you provide to us. You agree to the terms of our Privacy Policy, which we may update from time to time.

- You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection, and your use of Data that you provide to us or access through your use of the Services. You also affirm that you have obtained all necessary rights and consents under applicable Laws to disclose to Paymob any Personal Data that you provide to us or authorize us to collect, including Data that we may collect directly from Customers using cookies or other similar means. As may be required by Law and in connection with this Agreement, you are solely responsible for disclosing to Customers that Paymob processes Transactions (including payment Transactions) for you and may receive Personal Data from you. Additionally, where required by Law or Payment Method Rules, we may delete or disconnect a Customer's Personal Data from your Paymob Account when requested to do so by the Customer.

- If we become aware of an unauthorized acquisition, disclosure, or loss of Customer Personal Data on our systems, we will notify you consistent with our obligations under applicable Law. We will also notify you and provide you sufficient information regarding the unauthorized acquisition, disclosure, or loss to help you mitigate any negative impact on the Customer.

2.3 PCI Compliance

- If you use Payment Processing Services to accept payment card Transactions, you must comply with the Payment Card Industry Data Security Standards ("PCI-DSS"). The PCI Standards include requirements to maintain materials or records that contains payment card or Transaction data in a safe and secure manner with access limited to authorized personnel. You will promptly provide us, or any applicable Payment Method Provider or Payment Method Acquirer, with documentation demonstrating your compliance with the PCI Standards upon our request. If you are unable to provide documentation sufficient to satisfy us, the Payment Method Providers, or the applicable Payment Method Acquirers, that you are compliant with the PCI Standards, then Paymob, and any applicable Payment Method Provider or Payment Method Acquirer, may access your business premises on reasonable notice to verify your compliance with the PCI Standards.

- If you elect to store or hold "Account Data", as defined by the PCI Standards (including Customer card account number or expiration date), you must maintain a system that is compliant with the PCI Standards. If you do not comply with the PCI Standards, or if we or any Payment Method Provider or Payment Method Acquirer are unable to verify your compliance with the PCI Standards, we may suspend your Paymob Account or terminate this Agreement. If you intend to use a third party service provider to store or transmit Account Data, you must not share any data with the service provider until you verify that the third party holds sufficient certifications under the PCI Standards, and notify us of your intention to share Account Data with the service provider. Further, you agree to never store or hold any "Sensitive Authentication Data", as defined by the PCI Standards (including CVC or CVV2), at any time.

2.4 Security and Fraud Control

- Paymob Security: Paymob is responsible for protecting the security of Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in our servers from unauthorized access, accidental loss, modification, or breach, and we will comply with applicable Laws and Payment Method Rules when we handle User and Personal Data. However, no security system is impenetrable, and we cannot guarantee that unauthorized parties will never be able to defeat our security measures or misuse any Data in our possession. In our sole discretion, we may take any action, including suspension of your Paymob Account, to maintain the integrity and security of the Services or Data, or to prevent harm to you, us, Customers, or others. You waive any right to make a claim against us for losses you incur that may result from such actions.

- Your Security: You are solely responsible for the security of any Data on your website, your servers, in your possession, or that you are otherwise authorized to access or handle. You will comply with applicable Laws and Payment Method Rules when handling or maintaining User Data and Personal Data and will provide evidence of your compliance to us upon our request. If you do not provide evidence of such compliance to our satisfaction, we may suspend your Paymob Account or terminate this Agreement.

Section E: Additional Legal Terms

1. Right to Amend:

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, or through other reasonable means. If you are an existing Paymob user, the changes will come into effect on the date we specify in the Notice, and your use of the Services, API, or Data after a change has taken effect, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the "Last updated" date at the top of the Agreement.

2. Assignment:

You may not assign this Agreement, any rights or licenses granted in this Agreement, or operation of your Paymob Account to others without our prior written consent. If you wish to make such an assignment, please contact us. If we consent to the assignment, the assignee must agree to assume all of your rights and obligations owed by you related to the assignment and must agree to comply with the terms of this Agreement. Paymob may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide reasonable Notice to you.

3. Right to Audit:

If we believe that a security breach, leak, loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, we may require you to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities, and you must fully cooperate with any requests for information or assistance that the auditor makes to you as part of the security audit. The auditor will issue a report to us which we may share with our Payment Method Providers and Payment Methods Acquirers.

4. No Agency, Third-Party Services:

Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us, or with any Payment Method Provider. Each Party to this Agreement, and each Payment Method Provider and Payment Method Acquirer, is an independent contractor. Unless a Payment Method Provider or Payment Method Acquirer expressly agrees, neither you nor we have the ability to bind a Payment Method Provider or Payment Method Acquirer to any contract or obligation, and neither Party will represent that you or we have such an ability.

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services ("Third-Party Services"). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding, and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service's own terms of use and privacy policies.

5. Force Majeure:

Neither Party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective Party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.

6. Your Liability for Third-Party Claims Against Us:

Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.

You agree to defend Paymob, our affiliates, and their respective employees, agents, and service providers (each a "Paymob Entity") against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a "Claim") brought by a third party against a Paymob Entity, and you agree to fully reimburse the Paymob Entities for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Payment Processing Services; (iii) negligent or willful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and Customers.

Important Note for Sole Proprietors: If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, payment of Fees, Refunds, Reversals, Fines, losses based on Disputes or fraud, or for any other amounts you owe under this Agreement for your failure to use Security Controls, and for all other obligations to us and to your customers. You risk personal financial loss if you fail to pay any amounts owed. Please take the time to read our Documentation and take any measures appropriate to protect against such losses.

7. Representations and Warranties:

By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d) you will fulfil all of your obligations to Customers and will resolve all Disputes with them; (e) you will comply with all Laws applicable to your business and use of the Services; (f) your employees, contractors and agents will at all times act consistently with the terms of this Agreement; (g) you will not use Payment Processing Services for personal, family or household purposes, for peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and (h) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.

8. No warranties:

We provide the services and Paymob IP “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of warranty or guarantee. No data, documentation or any other information provided by Paymob or obtained by your from or through the services – whether from Paymob or another Paymob Entity and whether oral or written- created or implies any warranty from a Paymob Entity to you.

You affirm that no Paymob Entity controls the products or services that you offer or sell or that your customers purchase using the Payment Processing Services. You understand that we cannot guarantee and disclaim any knowledge that your customers possess the authority to make or will complete any transaction.

The Paymob entities disclaim any knowledge of, and do not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Services; (b) that the Services will meet your specific business needs or requirements; (c) that the Services will be available at any particular time or location or will function in an uninterrupted manner or be secure; (d) that Paymob will correct any effects or errors in the Service, API, Documentation or Data; or (e) that the Services are free of viruses or other harmful code.

Use of Data you access or download through the Services is done at your own risk, you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access or download. You understand that the Paymob Entities make no guarantee to your regarding Transaction processing times or payout schedules.

Nothing in this Agreement operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under Law where to do so would: (a) contravene that law; or (b) cause any term of this Agreement to be void.

9. Limitations of Liability:

Under no circumstances will any Paymob Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or the Paymob Entities have been advised of the possibility of such damages. The Paymob Entities are not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your Paymob Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. The Paymob Entities further deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by the Paymob Entities under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Paymob during the three-month period immediately preceding the event that gave rise to your claim for damages.

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

We provide some of the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.

10. Responding to Legal Process

Paymob may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order ("Legal Process") that we believe to be valid. We or any Payment Method Provider (or, where applicable, the Payment Method Acquirer for the Payment Method) may deliver or hold any funds or, subject to the terms of our Privacy Policy, any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties. Where permitted by Law, we will make reasonable efforts to provide you Notice of such Legal Process by sending a copy to the email address we have on file for you. Paymob is not responsible for any losses, whether direct or indirect, that you may incur as a result of- our response or compliance with a Legal Process. Paymob may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order ("Legal Process") that we believe to be valid. We or any Payment Method Provider (or, where applicable, the Payment Method Acquirer for the Payment Method) may deliver or hold any funds or, subject to the terms of our Privacy Policy, any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties. Where permitted by Law, we will make reasonable efforts to provide you Notice of such Legal Process by sending a copy to the email address we have on file for you. Paymob is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.

11. Dispute Resolution

11.1 Binding Arbitration: Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the CRCICA Arbitration Rules. The tribunal will consist of a sole arbitrator. The place of the arbitration will be Cairo, Egypt. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction.

- This Agreement and the rights of the Parties hereunder shall be governed and construed in accordance with the Laws of Egypt, exclusive of conflict or choice of law rules. Nothing in this section will preclude the Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

- Either Party may commence arbitration by providing to CRCICA and the other Party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

11.2 Service of Process:Each Party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement will affect the right of any Party to serve process in any other manner permitted by Law.

11.3 Class Waiver: To the fullest extent permitted by Law, each of the Parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason claim or dispute proceeds in court rather than through arbitration, each Party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the Parties.

11.4 Provision of an Award: Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by Law. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the "Award") to each Party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by any court having jurisdiction over either Party or its assets. The decision of the arbitrator will be final and binding on the Parties and will not be subject to appeal or review.

11.5 Fees: Each Party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to this Agreement, the arbitrator will award to the prevailing Party, if any, the costs and attorneys' fees reasonably incurred by the prevailing Party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys' fees awards will be offset.

11.6 Confidentiality: The Parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The Parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.

12 Entire Agreement

This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Paymob for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and Paymob, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.

13 Cumulative Rights, Construction, Waiver

The rights and remedies of the Parties under this Agreement are cumulative, and either Party may enforce any of its rights or remedies under this Agreement, along with all other rights and remedies available to it at Law, in equity or under the Payment Method Rules. No provision of this Agreement will be construed against any Party on the basis of that Party being the drafter. Unless expressly stated otherwise, the use of the term "including" or "such as" is not to be interpreted as limiting the generality of the text preceding the term. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that Party's rights to subsequently enforce the provision.

14 Language

The Parties hereby acknowledge that they have required this Agreement and all related documents to be in the English language.

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