Terms & conditions

General Terms and Conditions for the use of Surfpay by Surfboard Payments

General Terms and Conditions for the use of Surfpay by Surfboard Payments

Last updated and valid from 2022-05-22

1. Definitions

Account Information

The email address, password and other personal security features, used by User in order to access their Surfpay Account and the Payment Service

Additional Terms

Refers to any terms and conditions (including the Payment Service Terms), and corresponding restrictions and obligations, put forth in other documents which require approval to enable access to and use of the Services specified therein, and form part of the agreement between Surfboard Payments and the User

Card

Any form of credit, debit or other types of cards, which may be used by a cardholder to carry out a transaction on a cardholder’s account

Certified Cash Register/Cash Register (sw. kassaregister)

Refers to such means of registering sales of goods or services as defined by the Swedish Cash Register Act (sw. lag (2007:592) om kassaregister)

Fees

Any fees which the User undertakes to pay Surfboard Payments for the use of Services, in accordance with these General Terms, the Payment Terms or with any Additional Terms which may apply

General Terms

All terms and conditions, policies, guidelines and instructions, as well as corresponding restrictions and obligations put forth, and referred to, in this document

Merchant

The organisation or company entering into an agreement with Surfboard Payments, and for which Surfboard Payments provides Payment Services

Onboarding

The process by which a company may be accepted as a Merchant as further described in the Payment Services Terms

Payment Service / Service

Payment services provided under the Surfpay trademark, as further defined in Additional Terms

Regulations

Any licenses, rules, regulations, directives, guidelines, industry codes etc. issued by the Swedish Financial Supervidory Authority (Sv. Finansinspektionen), PCI SSC or Card Schemes

Services

All Services provided under the Surfpay trademark

Surfboard Payments

Surfboard Payments AB. Contracting party offering the Services. All references to “we”, “our” or “us” shall have the corresponding meanings

Surfboard Payments Group / Surfboard Group

Surfboard Payments Group consists of Surfboard Payments AB, Retake AB and Surfboard India Pv Ltd.

Surfpay

The brand under which the Payment Service is delivered

Surfpay Account

The account which the user must create in the Surfpay application in order to use the App and when applicable, use the Payment Service

Surfpay App

Surfboard Payment’s mobile software application, the Surfpay application, which can be downloaded via Apple App Store or Google Play

User

The person entering into an agreement with Surfboard Payments and who is an authorized user of the specified Services. All references to “you” or “your” shall have the corresponding meaning

Websites

Refers to the official website of Surfboard Payments: https://www.surfboardpayments.com/ which serves as the company website, and http://www.surfpayapp.com which is the product-specific website

 

2. Background

These General Terms, including the terms, policies, guidelines and instructions referred to herein are an agreement between Surfboard Payments AB, Torsgatan 30, 130 21 Stockholm, a Swedish limited liability corporation and you, the User who has created an account with us, which governs your access to and use of our services, including the App, our Websites and other products and services provided under the Surfboard Payments trademark (collectively, the "Services”).

By creating and using a Surfpay Account, you agree to and agree to abide by these Terms and Conditions. You also agree to maintain any Additional Terms that are specific to the products and services you use, such as the Payment Service Terms, which then become part of your agreement with us. If you do not agree to these General Terms and any Additional Terms applicable to you (or if you are not authorized to bind the legal entity you represent) you are not entitled to access or use the Services.

Where applicable, you are responsible for ensuring that each of your employees or other representatives who use the Services on your behalf has read, understood, and agrees to be bound by these General Terms and any Additional Terms.

It is important that you are aware of the risks and responsibilities associated with using the Services and you should read these Terms and Conditions and any Additional Terms carefully before agreeing to them and before you start using the Services.

If you have any questions or concerns regarding the content of these General Terms or any Additional Terms or would like to gain a better understanding of how the Services work, do not hesitate to contact us

3. Account creation

To use the Services, you must become a User by creating a Surfpay Account with us. You can only create one Surfpay account unless we agree to create additional Surfpay accounts.

You will need to provide an email address, phone number and password to access your Surfpay Account and Services. You must provide accurate and complete information when creating your Surfpay Account. You must ensure that all information you provide is and remains accurate, complete and current You further guarantee that you, as a private individual, are at least 18 years old and have the full legal capacity through which you can accept these Terms and Conditions and use of the Service as described by us.

We reserve the right to suspend your access to and use of the Services and to terminate and close your Surfpay Account in the event that you provide incorrectly, false or incomplete information or if you do not meet all the conditions for account registration. In the event that you do not fulfill these commitments and conditions, you also accept that we have the right to suspend the provision of other services to you provided by the Surfboard Group.

4. Account information

You are responsible for ensuring that your email address, password and other personal security features, which you use to access your Surfpay Account and the Services are kept in safe and secure custody. You must take all reasonable steps to keep your Account Information confidential and not share it with anyone other than suitably authorized employees or other representatives within your business.

You must notify us immediately through our Website or by contacting our customer service via support@surfpayapp.com in case you discover or suspect that any of your Account Information has been lost or stolen or that someone else has used or attempted to use it, to access your Surfpay Account without your approval.

5. Our role

Our role is to provide Services through the Surfpay App to Users and Merchants. The Surfpay App can be installed on a smartphone or other compatible mobile devices. The Services allow you to accept payments through the use of the App and to collect, analyse and map information generated in connection with such transactions. Our Services may be subject to further terms and conditions. Please see inter alia chapters 6, 33 and 34 below for more information about such Services.

You agree that we may from time-to-time update or modify the Services. We will always try to notify you of such updates or modifications within a reasonable time in advance in accordance with chapter 19. However, we reserve the right to implement such updates and modifications with immediate effect without prior notice in cases where it is necessary to maintain the security of our systems or to comply with applicable laws, rules and regulations.

Your access to the Services is dependent on services, including software applications, provided to you by third parties (such as the Internet, data traffic, network services and checkout solutions). Such third parties may charge a fee for accessing and using such services to use the Services and you are solely responsible for the payment of such fees. We do not own, control or have any responsibility for any third-party services or software applications that you choose to use in connection with the Services. We take no responsibility for the installation, servicing, maintenance, security or operation of any third-party services or software applications.

6. Merchants

Merchants can use our Payment Services such as acceptance of card-present transactions (physical cards and digital wallets). Merchants may also be offered the use of Additional Services and Partner Applications, subjected to Additional Terms including the Payment Service Terms.

To become a Merchant you need to complete the Onboarding which is described in the Payment Services Terms.

7. Service level

Although we will take commercially reasonable steps to continuously provide the Services, we do not warrant that the Services will be free from interruptions, delays or errors caused by our systems or other third-party service providers, general network failures or force majeure. You undertake to notify us without undue delay via our Website or by contacting our customer service via support@surfpayapp.com in the event that you experience interruptions, delays or errors in the Services and to provide all reasonably requested information and assistance in identifying and resolving such interruptions, delays or errors.

From time to time, we will perform maintenance and upgrades of the Services, which may lead to interruptions, delays or errors in the Services. Although we will do our best to notify you in advance of scheduled maintenance in accordance with chapter 19 we cannot guarantee that such notification will always be provided.

8. Customer service

We will provide regular customer service via email, the web during normal business hours to help resolve any issues regarding your use of the Services, the App, the Website and your 4 Surfpay Account. You are solely responsible for providing customer service to your customers for any problems related to your products and services. You can contact us at any time via our Website if you have any complaints regarding the Services.

9. Compatibility

Your use of the Services requires that you have access to a compatible mobile device. Although we do our best to keep an up-to-date list of compatible mobile devices available on our Website as well as in the Surfpay App, we do not guarantee that the Services are compatible with your mobile device. You may not use the Services with a mobile device that has been modified in violation of the manufacturer's hardware or software guidelines.

10. The Surfpay App

In order to use the Services, you must download and install the App. You can download the App from the Apple App Store or Google Play. You must download and use the latest available version of the App as well as download and install any updates that are made available from time to time. The Service can also be available in other formats, such as Software Development Kit (SDK) or Application Program Interface (API). Terms of Google Play Store or Apple App Store may also apply.

11. Incorrect and unauthorized or illegal use

You must immediately notify us through our Website or by contacting our customer service via support@surfpayapp.com in case you discover or suspect that an error or unauthorized or illegal use of your Surfpay Account has occurred and, if possible, change your Account Information to avoid further errors and / or unauthorized or illegal use. You must provide us with all information and documentation in your possession regarding the circumstances regarding such error and / or such unauthorized or illegal use of your Surfpay Account and take all reasonable steps requested by us to assist in an investigation.

12. Taxes

You are responsible for calculating any and all taxes that have been incurred or requested to be collected, reported, paid or withheld, for any reason, regarding the sale of your products and services and all payments you receive in connection with your use of the Services ("Taxes"). You are solely responsible for collecting, withholding, reporting and paying the correct Taxes to the applicable tax authority. We are not responsible for, and we will not determine, whether Taxes are applicable and we will not take any responsibility in relation 5 to Taxes or calculate, collect, report or pay any Taxes, which arise in connection with a transaction, to any tax authority.

13. Your integrity

Your privacy and protection of your data are very important to us. You acknowledge that you have received and read in its entirety the terms of our Privacy Policy, which is incorporated into these General Terms by reference thereto and which explains, among other things, how and for what purposes we collect, use, store, disclose and protect the information you provided to us.

We are responsible for protecting the security of personal data that we have in our possession. We have implemented administrative, technical and organizational measures to protect personal data stored on our servers from unauthorized access and accidental loss, alteration or disclosure.

14. Integrity of others

You acknowledge and agree that you will protect and, unless otherwise required by law, not to disclose, register or otherwise process any information that you may receive about your customers or other third parties when using the Services. You must notify us through our Website or by contacting our customer service via support@surfpayapp.com without undue delay if you become aware of or suspect unauthorized access to or disclosure of such information. You may not disclose or provide information about your customers or other third parties or use such information for marketing or other purposes until you have secured a valid legal basis in accordance with applicable data protection laws prior to such disclosure or provision. You are solely responsible for complying with all applicable data protection laws and regulations in your applicable jurisdiction, including current requirements for e.g. registration or notification to the relevant supervisory authority, where applicable, implementation of appropriate security measures, and to provide customers and third parties with information on the use of their personal data.

15. Your content

In connection with your Surfpay Account, company information and your use of the Services, you may have the opportunity to upload and provide photos, logos, products and other materials and information ("Content”). You agree that you will not upload or provide any Content unless you have created such Content yourself or have permission from the Content holder to do so. You grant us, our affiliates and our successors a global, non-exclusive, royalty-free, fully paid, transferable and licensable right to use, reproduce, modify, adapt, publish, produce adaptations, distribute, and publicly display your Content in all media for the purpose of providing and marketing the Services. You reserve all rights to your Content, subject to the rights granted to us in these General Terms. You have the right to change or 6 delete your Content via your Surfpay Account or by terminating your Surfpay Account, but your Content may remain in historical data.

You agree not to upload or provide Content or otherwise transmit or distribute any material that is: a) false, misleading, illegal, obscene, pornographic, offensive, threatening, harassing, hateful, or insulting; b) encourages conduct that would be considered criminal or give rise to liability; c) violates any obligation or right of a person, including privacy and intellectual property rights, d) contains corrupt data or other harmful, disruptive or destructive files, or e) in Surfboard Payments' sole discretion is offensive or may expose us, our affiliates or customers to harm or liability of any kind.

16. Your guarantees

In addition to other guarantees provided in these General Terms and any Additional Terms, you guarantee that: a) you have the right to register for and use the Services and have the legal capacity and ability to enter into and comply with these General Terms, b) the name you provided when you registered is your name or company name, under which you sell products and / or services, c) you and your use of the Services comply with all laws, rules and regulations applicable to your business, including but not limited to those relating to consumer rights in accordance with Directive 2011/83 / EU on consumer rights, Directive 2005/29 / EC on unfair business-to-consumer commercial practices, Directive 93/13 / EEC on unfair terms in consumer contracts and Directive 2000/31 / EC on electronic commerce, as implemented in national law and applicable tax laws and regulations, as well as those relating to applicable laws and regulations regarding Certified Cash Registers such as (sw.) lag (2007:592) om kassaregister and d) you will not use the Services, either directly or indirectly, for fraudulent purposes or in any way that may affect the use of the Services.

17. Your liability and indemnity obligation

You are responsible for any damage caused to third parties and / or caused due to your access to and use of the Services and / or which arises as a result of your breach of any of the provisions of these General Terms and any Additional Terms. You undertake to compensate such third party and / or us for any such damage.

Notwithstanding the above or any other provision of these General Terms or any Additional Terms, you undertake to defend, indemnify and hold us and our board members, agents, related companies and representatives indemnified from and against all claims (including claims from third parties), costs, lawsuits , claims, losses, liability, damages, documents, proceedings, judgments, fines, interest and expenses (including but not limited to reasonable attorneys' fees) arising out of or in connection with: a) your actual or alleged violations of these General Terms or any Additional Terms, b) your improper use of the Services, c) your violation of third party rights, including but not limited to privacy and intellectual property 7 rights, d) indemnification obligations against third parties incurred by us as a direct or indirect consequence of your actions and omissions, e) your violation of applicable law, rule or regulation in your jurisdiction, and f) errors committed by you in providing information or instructions to us through your Surfpay Account or other means of communication.

18. No guarantees

We provide the Services in their existing condition without any warranties or conditions, express or implied, beyond what is set forth in these General Terms. We do not guarantee continuous, uninterrupted or secure access to any part of the Services and we are not responsible in accordance with these General Terms for any interruptions or deteriorations of the Services.

Without limiting the preceding, we do not warrant that the Services are accurate or reliable, that the Services will meet your requirements, that the Services will be available, uninterrupted or secure, at any particular time or place, that any deficiencies or errors will be eliminated or that the Services are free of viruses or other harmful components. Use of the Services is at your own risk: all content or data downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data caused by such download.

19. Limitation of liability

We are not responsible under any circumstances for any of the following types of loss or damage that occurs during or in relation to your use of the Services, these General Terms, any Additional Terms or otherwise: a) indirect damages or losses or consequential damages (including loss of profit , goodwill, agreements, revenues or expected savings, even in cases where we have been informed of the possibility of such damages), b) loss or destruction of data, c) loss or damage that is not a direct result of our breach of these General Terms, d) loss or damage in addition to the loss or damage resulting from our violation of these General Terms (whether or not you can prove such loss or damage), or e) loss or damage caused to you as a result of your or a third party's act or omission, or our obligation to comply with applicable law, action or failure of authority, act of war or war, accident, natural disaster, strike, blockade or other similar events whatsoever if we are the cause of the event or suffer from it.

Notwithstanding any conflicting provisions that may exist in these General Terms or any Additional Terms, nothing in these General Terms or any Additional Terms shall be intended to limit our liability for fraud or fraudulent conduct on our part, gross negligence, intent, death or personal injury caused by our negligence or to the extent that we cannot limit our liability under applicable law.

Our total liability to you for any losses incurred during or in connection with these General Terms or any Additional Terms is limited to the total amount of the fees for the Services you paid to us during the three-month period preceding the event that gave rise to your claim, 8 or, in the event that you have not used the Services for three (3) months, your average monthly fee multiplied by three (3).

20. Messages and information

You agree that we may provide written notices and information to you electronically by publishing it on our Website, by emailing it to the email address you linked to your Surfpay Account or by contacting you via the Surfpay App. Such notices and information shall be deemed to have been received by you within 24 hours of publication on our Website or within 24 hours of us sending you an email unless we receive notice that the email has not been delivered, or within 24 hours of us contacting you via the Surfpay App unless we receive notice that the message has not been delivered. To this end, you undertake to always maintain at least one valid email address associated with your Surfpay Account. We are not responsible for emails not delivered in the event that the only email address you provide is not valid or if you have changed your email address but have not notified us of such a change.

You undertake to regularly and frequently check incoming messages and information. E-mails may contain links to further information on our Website. In the event that laws and regulations require that we provide information to you in a permanent form, we will either send an e-mail or a message referring you to information on our Website in a way that enables you to retain the information in print format.

In addition to notifications by e-mail, if applicable, we reserve the right to contact you by letter or telephone. Any message or information sent by post shall be deemed to have been received within five days of it being posted.

By linking an email address to your Surfpay Account, you instruct us to notify you, via that email address, of any security risks which we are required by the applicable law to notify our customers.

We will specify your chosen language based on the country you select during the registration process and we will if possible send standard messages and information in your chosen language. However, we reserve the right to communicate with you exclusively in English.

21. Your license

We provide you with a personal, limited, revocable, non-exclusive, non-transferable, nonsublicensable license to electronically access and use the Services or part of the Services as specified in Agreement between you and us, solely to manage your Surfpay Account and use other services which we may from time to time provide through the App in accordance with these General Terms and any Additional Terms. You have the right to download updates regarding the Services, subject to any Additional Terms that you have read at the time we make such updates available.

Notwithstanding that we want you to enjoy the Services, you have no right, and may not allow a third party, to do any of the following: a) access or monitor material or information in any of our systems using: any manual process, robot, spider, scraper or other automated methods unless you have entered into a separate written agreement with us which expressly gives you an exemption from these prohibitions, b) copy, reproduce, modify, create derivative works, show publicly, publish, upload, post, transmit, sell or distribute the Services or any material or information you receive, or have access to, from us, c) allow any third party to use and benefit from the Services through any rental agency; leasing, so-called time-sharing or other arrangements, d) transfer any rights granted to you under these General Terms or any Additional Terms, e) violate any of the restrictions regarding the Services, circumvent any of the technical limitations of the Services, use any tool to activate functions or functionality that is otherwise disabled in the Services, decompile, redesign or deconstruct the Services, f) perform or attempt to perform any actions that would interfere with the functionality of the Services, prevent access to or use of the Services for our other customers or impose an unreasonable or disproportionate burden on our infrastructure, or g ) otherwise use the Services in addition to what is expressly permitted under these General Terms and any Additional Terms.

22. Ownership

The services are licensed and not sold. We reserve all rights not expressly granted to you in accordance with these General Terms and any Additional Terms. The Services are protected by patents, copyrights, trademark protection, trade secrets and other intellectual property laws. Regarding the relationship between you and us, we have ownership and copyright and own all other global intellectual property rights in the Services and all versions thereof. Neither these General Terms nor any Additional Terms give you any rights to our trademarks.

You may choose, or we may offer you, to provide comments or feedback relating to the Services, including but not limited to how the Services or our other products or services may be improved ("Feedback"). By submitting Feedback, you agree that it is done voluntarily and without restrictions and that we have the right to freely use Feedback without compensation to you and / or publish Feedback to anyone without any scope of confidentiality. You further acknowledge that our receipt of your Feedback does not imply that we waive any right to use similar or related ideas previously known to us, developed by our employees or obtained from sources other than you.

23. Third-party websites

Our Website may contain links to third-party websites. That we include a link to a website does not imply an endorsement or a recommendation from us. You accept that you gain access to such website at your own risk and that such website is not governed by the terms contained in these General Terms or any Additional Terms. We expressly disclaim all responsibility for these websites. Your actions on other websites, including those linked to on our Website, are governed by the terms and guidelines for such websites.

24. Contract period and termination

These General Terms and Conditions and any Additional Terms are effective upon the date you agree to them and will remain in force until terminated by you or by us.

You have the right to terminate these Terms and Conditions and any Additional Terms by closing your Surfpay Account in accordance with the instructions available on our Website or in your Surfpay Account or by contacting our customer support at support@surfpayapp.com with observance of 30 days’ notice.

We have the right to terminate these Terms and Conditions and any Additional Terms or to suspend or close your Surfpay Account at any time subject to a 30-day notice period or otherwise by sending a notice in advance in accordance with chapter 20.

We also have the right to terminate these Terms and any Additional Terms, or suspend or close your Surfpay Account without prior notice in the event that: a) you breach or otherwise fail to comply with any provision of these General Terms, any Additional Terms, b) we have reason to believe that you are in any way involved in fraudulent activities, money laundering, terrorist financing or other criminal activities, c) you constitute an unacceptable credit or fraud risk for us, or d) you are insolvent, have been the subject of debt restructuring, foreclosure, composition proceedings, reconstruction or similar proceedings, have been declared bankrupt or have gone into liquidation. You agree that, in the event that we have grounds to terminate these Terms and Conditions and any Additional Terms or suspend or close your Surfpay Account, we also have the right to suspend other services offered to you by Surfboard Payments.

If your Surfpay Account should be suspended or if these General Terms or Additional Terms are terminated (either by you or by us) you agree to: a) remain bound by these General Terms and any Additional Terms until all outstanding rights and obligations between you and us have finally been settled, b) to immediately cease using the Services, c) that the license granted under these General Terms and any Additional Terms shall cease, d) that we have the right to delete all your information and account data stored on our servers, except in cases where we are required to retain such information in accordance with applicable law, e) that we are not liable for any compensation or damages in connection with the deletion of your information or account information.

We are not liable to you for any compensation, indemnification or damages in connection with the termination of these Terms and Conditions, any Additional Terms or the suspension of your Surfpay Account. Termination of these General Terms, any Additional Terms or the suspension or suspension of your Surfpay Account will not release you from your obligations under these General Terms or any Additional Terms.

25. Emergency Suspension

Notwithstanding anything to the contrary contained in this Agreement, if there is an emergency security issue, then our licensor may automatically suspend Your use of the Application. Suspension will be to the minimum extent and of the minimum duration required to prevent or terminate the emergency security issue.

26. Cash register

You acknowledge that the Services do not in and of themselves meet the legal requirements for a Certified Cash Register and therefore are not intended to be used as such, unless otherwise agreed in any Additional Terms.

27. Amendments and additions

We have the right to change, delete or update these General Terms and any Additional Terms at any time and to change, remove, discontinue or set conditions for any function or part of the Services. We undertake to inform you of any changes a minimum of 30 days in advance, in accordance with mandatory law and with chapter 20. The change takes effect after such a 30-day period has expired; however, no such 30-day period shall apply when a change is required by the Card Scheme Rules or applicable law or refers to the addition of a new service, additional functionality regarding existing Services or any other change that we reasonably consider does not limit your rights or increase your liability.

If you do not accept a change, you will need to close your Surfpay Account. If you do not object to a change by closing your Surfpay Account within 30 days of being notified, you will be deemed to have accepted the change. Please note that even if you have the right to close your Surfpay Account at any time and at no cost, you may still be liable to us after you have terminated these General Terms and and/or any Additional Terms for obligations that you have caused and are responsible for before these General Terms and any Additional Terms were terminated.

28. Transfer

These General Terms and any Additional Terms and rights and / or obligations granted under them, may not be transferred by you without our prior written consent but may be transferred by us without your approval or other restrictions.

29. Choice of law and dispute resolution

These General Terms and any Additional Terms, as well as any disputes or claims that arise as a result thereof or in connection therewith (including non-contractual disputes or claims), shall be interpreted in accordance with and be subject to Swedish law.

The Swedish general courts shall have exclusive jurisdiction in any dispute arising out of or in connection with these General Terms and any Additional Terms, including disputes concerning breaches of or validity and termination of these General Terms or any Additional Terms.

30. Complete regulation

These General Terms and any Additional Terms constitute a complete settlement with respect to the provision of the Services between you and us. In the event of a conflict between these General Terms, any Additional Terms and any other agreement or policy, these General Terms shall prevail over matters subject to these General Terms and applicable Additional Terms shall take precedence over matters subject to such Additional Terms unless otherwise stated in these General Terms or any Additional Terms, respectively. In the event of a conflict between these General Terms and Conditions and any other agreement or policy regarding matters that are subject to several terms, agreements or policies, the following order of interpretation shall apply: (i) these General Terms, (ii) Additional Terms, and (iii) any other agreement or policy, unless otherwise explicitly set out in any of these documents.

In addition to what is expressly stated herein, our overall liability to you is set forth in these General Terms and any Additional Terms, which govern the exclusive penalties in relation to your access to and use of the Services. Should any provision of these General Terms or any Additional Terms (or any part thereof) be invalid or unenforceable under applicable law, such provision shall be amended and interpreted to achieve the purpose of such provision to the fullest extent possible in accordance with applicable law and remaining provisions shall continue to apply in their entirety. The rights granted to us in these General Terms and any Additional Terms are not intended to be exclusive and do not exclude other rights and penalties by law.

31. Excusable breach of contract

Neither party is responsible for delays in processing or failure to fulfill an obligation caused by events such as fire, telecommunications or Internet interruptions, interruptions in public transportation, power outages, equipment failures, strikes, riots, war, terrorist attacks, failure of suppliers to fulfill obligations or other reasons beyond the reasonable control of each party, except that this will not affect or excuse your liabilities and obligations under chapter 16.

Notwithstanding the preceding, a party is not liable under these General Terms or Additional Terms (or any part thereof) in cases of extraordinary and unpredictable circumstances which the party invoking these circumstances cannot influence and whose consequences despite all efforts would have been impossible to avert, or in those cases we are bound by other legal obligations arising from European or national law

32. Survival

Any provision reasonably necessary to achieve or maintain the purpose of these General Terms and any Additional Terms shall continue to apply between the parties even after termination of these General Terms and any Additional Terms.

33. Partner applications

In the settings for your Surfpay App, you have the ability to grant, remove and manage the approval of certain third-party partners ("Partners") to take certain actions on your behalf by joining your Surfpay App, such as accessing and exporting your Surfpay App information. By authorizing a third-party software application (a “Partner Application”) to connect to your Surfpay Account, you agree and instruct Surfboard Payments to allow the Partner Application to take such actions as are permitted under your approvals. Once a Partner Application is approved, it will continue to have access to your Surfpay Account and be authorized to take any action permitted under your approvals until you actively withdraw an approval by changing the settings in your Surfpay Account. You understand that a Partner's access to information about your Surfpay Account and the use of services provided by a Partner is governed solely by the terms and conditions of such Partner. You are solely responsible for your access to and use of Partner Applications and you are therefore encouraged to carefully read all terms and guidelines regarding your access to and use of Partner Applications. You agree that you will not hold us responsible for, and undertake to indemnify us from, all liability as a result of any Partner's actions or omissions in connection with the approvals you give.

34. Additional services

We (or the Surfboard Payments Group) may offer additional services under the Surfpay and/or Surfboard Payments brand as part of the Services to you, provided that you accept the Additional Terms applicable to such additional services. In cases where you and we (or the Surfboard Payments Group) have agreed on the provision of such Services, the Additional Terms governing such Services shall be applied between us (or the Surfboard Payments Group) and you in relation to such Services. To the extent provided in the Additional Terms, these General Terms shall be applied in relation to such Services and such Services shall be considered included in the definition of "Services" in accordance with these General Terms.

We (or the Surfboard Payments Group) may offer one or more such Services as a subscription ("Subscription"). By registering for a Subscription, you agree that these Terms and Conditions shall apply to your access to, and use of, the Services included in, the Subscription, in addition to any Additional Terms. A Subscription is automatically renewed monthly until you cancel it in accordance with these General Terms or any Additional Terms.

By registering for additional Services or Subscriptions, including after the expiration of a free trial period, you agree to pay either (i) us (on your own behalf or on behalf of such other company within the Surfboard Payments Group that provides an additional service under Surfpay and/or Surfboard Payments Trademark or Subscription), or (ii) any other company within the Surfboard Payments Group that provides an additional service under the Surfpay and/or Surfboard Payments Trademark or Subscription, the fees and applicable taxes set forth in our Payment Terms and / or in the settings of your Surfpay Account, or as otherwise agreed in writing, when these fall due for payment. Additional fees can, where applicable, be paid with an account or credit card, against an invoice or deducted from your transaction surpluses. In the event that you connect an account or credit card to your Surfpay Account, you authorize us (or applicable company within the Surfboard Payments Group) to charge additional fees by debiting your connected account or credit card.

Monthly recurring fees are paid in advance. Unless otherwise stated in these General Terms or Additional Terms, you are not entitled to a refund of any fees already paid. In the event that you cancel these General Terms and / or Additional Terms in accordance with chapter 22, you have the right to use your Subscription until the next monthly fee is due for payment.