Last updated October 9 2024
1. Introduction & Agreement
Welcome to Paidnice, provided by Paidnice Limited ("Company," "we," "us," or "our"), a New Zealand registered company located at Suite 14537, 17B Farnham Street, Parnell, Auckland 1052, New Zealand. By using our services, including our website (paidnice.com) and the related software platform, you ("User" or "you") agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must discontinue use of Paidnice services immediately.
These Terms apply to all users, including individuals and entities accessing Paidnice globally. Your use of Paidnice services is conditioned upon your acceptance of these Terms and any supplemental agreements (such as privacy policies or other contractual arrangements) which may be posted and updated from time to time.
2. Definitions
- "Services": All features, content, and services provided by Paidnice through its website, platform, or third-party integrations, including the automation of accounts receivable, reminders, invoice management, and other related functions.
- "Account": A User's registered account with Paidnice that grants access to our Services.
- "Content": Any text, graphics, images, data, or other materials provided through the Services by Paidnice or the User.
- "User": Any person or entity who accesses or uses the Services.
- "Third-Party Services": Services provided by external partners such as Xero, QuickBooks, Stripe, and others that integrate with Paidnice.
- "You": The User, whether an individual or entity, accessing and using Paidnice Services.
- "Confidential Information": All non-public information disclosed by Paidnice to the User or vice versa, either in writing, verbally, or by other means, that is designated as confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information excludes information that is or becomes publicly known without breach of these Terms, or is received from a third party without breach of any obligation of confidentiality.
3. Use of Services
By creating an account and accessing Paidnice Services, you are granted a non-exclusive, revocable, limited license to use the Services for your internal business operations. This license does not grant you the right to transfer, sublicense, or commercially exploit any part of the Services outside of your authorized use.
Eligibility
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use Paidnice. If you are using Paidnice on behalf of an entity, you represent that you are authorized to bind the entity to these Terms.
Prohibited Use
You agree not to:
- Engage in any activity that violates applicable laws or regulations.
- Use the Services for fraudulent purposes.
- Access, copy, or distribute any part of the Services using unauthorized automated means (such as bots, scrapers, or crawlers).
- Upload, transmit, or distribute viruses or other malicious software through the Services.
- Bypass, disable, or interfere with any security-related features of the Services.
- Resell, reproduce, or publicly display any part of the Services without written consent from Paidnice.
Violation of these prohibited uses may result in the suspension or termination of your account, at our sole discretion
Intellectual Property and Reverse Engineering Prohibition
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying infrastructure of Paidnice. Any violation of this provision may result in the immediate suspension or termination of your account and may subject you to further legal action.
4. Purchases, Subscriptions & Payment
Paidnice Services are provided on a subscription basis, and by subscribing, you agree to the payment terms associated with your plan.
Payment Terms
- Payment Methods: Paidnice accepts major credit cards (Visa, Mastercard, American Express) via our payment service provider Stripe..
- Billing: You will be billed according to the subscription plan you select, either monthly or annually. Recurring billing will be automatically applied unless you cancel your subscription before the renewal date.
- Currency: All payments are processed in U.S. dollars, unless otherwise specified.
- Sales Tax: Applicable sales tax may be added to your subscription fees, based on local laws.
Free Trial
New users are eligible for a 30-day free trial. During this trial period, no fees will be charged. If you do not cancel before the end of the trial, your account will automatically convert to a paid subscription, and you will be billed according to your selected plan.
Subscription Cancellation
You may cancel your subscription at any time via your Paidnice account. Your cancellation will take effect at the end of your current billing cycle, and you will retain access to the Services until that period ends.
5. Account Management & Security
Account Creation
To use Paidnice Services, you must create an account by providing accurate and complete registration information, including your name, email address, company details, and payment method. You agree to maintain the accuracy of this information and promptly update it when necessary.
Account Security
You are responsible for safeguarding your account login credentials and for any activity performed through your account. You agree to notify us immediately if you suspect unauthorized access or use of your account. Paidnice will not be liable for any losses or damages caused by unauthorized access resulting from your failure to maintain the security of your credentials.
Account Termination
Paidnice reserves the right to suspend or terminate your account at any time if you breach these Terms or engage in any prohibited activities. Upon termination, your access to the Services will be disabled, and you may lose any data associated with your account, except as required by applicable law.
Account Sharing
Each Paidnice account is limited to the individual or entity that has registered for the Services. You agree not to share your account credentials with others or allow others to access the Services through your account. Paidnice reserves the right to suspend or terminate accounts suspected of being shared without prior written consent.
6. User Contributions & Data
User-Generated Content
By submitting feedback, ideas, suggestions, or other content ("Contributions") to Paidnice, you grant Paidnice an irrevocable, perpetual, non-exclusive, royalty-free license to use, modify, display, distribute, and reproduce these Contributions for any lawful purpose, including product improvements, without compensation to you. You acknowledge that Paidnice has no obligation to use or publish your Contributions.
Data Provided Through Integrations
Paidnice integrates with third-party accounting platforms such as Xero and QuickBooks to provide automated accounts receivable services. By using these integrations, you agree that Paidnice will access and process data from these platforms (e.g., invoices, payment information) to perform the Services. Paidnice is not responsible for the accuracy or content of data provided by third-party platforms and any use of such data is at your own risk.
Data Retention & Security
Paidnice uses industry-standard security measures to protect your data, including encryption and access controls. While Paidnice takes reasonable steps to safeguard your information, no method of transmission over the internet is entirely secure, and Paidnice cannot guarantee absolute security. In the event of a data breach, Paidnice will notify affected users in accordance with applicable data protection laws.
Your data will be retained for as long as necessary to provide the Services or as required by law. Upon account termination, data will be securely deleted or anonymized, except where retention is required for legal compliance.
Prohibited Contributions
You agree not to submit any Contributions that violate any applicable laws or regulations, infringe on the rights of others, or include any defamatory, obscene, or harmful content. Paidnice reserves the right to remove any Contributions that it deems to violate this clause, without prior notice.
7. Intellectual Property
Ownership of Paidnice Content
All intellectual property rights related to Paidnice Services, including the software, content, trademarks, and logos, are owned by Paidnice or its licensors. You are granted a limited, revocable license to access and use Paidnice solely for your internal business operations, subject to compliance with these Terms. This license does not grant you any rights to reproduce, distribute, publicly display, or otherwise exploit the software or content provided by Paidnice.
You agree not to use Paidnice’s intellectual property in a way that could harm its reputation or suggest an endorsement by Paidnice without prior written permission.
Use of User Data
Paidnice may use aggregated and anonymized data derived from your use of the Services for internal analytics, research, and improvement of the Services. This data will not include any personally identifiable information (PII) unless expressly authorized by you.
Intellectual Property Violations
Any unauthorized use, reproduction, distribution, or public display of Paidnice’s intellectual property, including but not limited to its software, trademarks, and content, may result in immediate termination of your account and legal action to protect Paidnice’s rights. You agree to notify Paidnice immediately if you become aware of any such violations.
8. Data Privacy & Security
Paidnice is committed to protecting your personal information in compliance with global privacy laws, including the New Zealand Privacy Act 2020, the General Data Protection Regulation (GDPR) for European users, and the California Consumer Privacy Act (CCPA) for U.S. users. Our collection, use, and protection of personal information are outlined in our Privacy Policy.
Data Hosting and Processing
Paidnice, like many other SaaS providers, uses Amazon Web Services (AWS) as our third-party data hosting provider, with servers located in the United States. AWS is a recognized leader in cloud security and compliance. Data stored with AWS is protected by industry-standard security measures, including encryption both in transit (TLS 1.3) and at rest (AES-256). AWS’s security infrastructure helps ensure the integrity, availability, and confidentiality of your data.
For users in the European Union (EU), Paidnice complies with GDPR requirements regarding data transfers outside of the EU. New Zealand, where Paidnice is headquartered, is recognized by the European Commission as providing adequate protection for personal data under European law. When transferring data to countries outside the EU, such as the United States, we implement appropriate safeguards, including the use of Standard Contractual Clauses, as required by GDPR.
Security Measures
We take the security of your data seriously. Paidnice employs multiple layers of security, including but not limited to:
- Encryption: All personal data is encrypted using SSL for data transmission and AES-256 for data at rest.
- Access Controls: Strict access policies and multi-factor authentication limit access to sensitive data.
- Data Monitoring: We perform regular security audits, vulnerability assessments, and penetration testing to maintain the security of our systems.
While we take all reasonable steps to protect your information, no method of internet transmission or electronic storage is 100% secure. In the event of a data breach, Paidnice will notify affected users promptly and comply with all relevant legal obligations, including those under the Privacy Act, GDPR, and CCPA.
By using Paidnice, you consent to the transfer and processing of your data in accordance with these security protocols.
Jurisdiction-Specific Privacy Laws
For users outside of New Zealand, Paidnice ensures compliance with the relevant privacy laws of the User’s jurisdiction, to the extent such laws are mandatory and cannot be waived. This includes, but is not limited to, the Australian Privacy Principles, Canada’s PIPEDA, and other equivalent regulations.
9. Integrations & Third-Party Services
Paidnice integrates with third-party services such as Xero, QuickBooks, and Stripe to enhance your accounts receivable automation. By using these integrations, you acknowledge and agree that Paidnice may collect and process data from these services, including invoices, payment information, and customer details, to provide the full functionality of the platform.
Responsibility for Third-Party Services
Although Paidnice integrates with third-party services, we do not control their terms of service or privacy policies. It is your responsibility to ensure that your use of these services complies with their terms. Paidnice makes no warranties or representations regarding the functionality, security, or availability of third-party services. Any issues arising from third-party integrations should be addressed with the relevant service provider.
Data Transfers via Integrations
Paidnice does not assume responsibility for the accuracy of data transferred between third-party services and the Paidnice platform. You acknowledge that any data imported from or exported to third-party services is used at your own risk.
Supremacy of Paidnice Terms
The terms of any third-party service (such as Xero or QuickBooks) do not modify, amend, or supersede these Terms of Service. Any issues related to third-party services shall be addressed directly with the provider, and Paidnice disclaims all liability for third-party actions or failures.
10. Limitation of Liability & Disclaimer of Warranties
Paidnice provides its Services on an “as-is” and “as-available” basis, without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Guarantees
Paidnice does not guarantee that the Services will be uninterrupted, secure, or error-free. We make no warranties regarding the accuracy, completeness, or reliability of any data or content available through the Services, nor do we guarantee that any bugs or defects will be corrected. Your use of the Services is at your sole risk.
Limitation of Liability
To the fullest extent permitted by law, Paidnice, its affiliates, directors, officers, employees, agents, or licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising out of or in connection with your use or inability to use the Services, even if we have been advised of the possibility of such damages.
In jurisdictions where limitations on liability are not permitted, our liability will be limited to the maximum extent allowed by law. In any event, Paidnice’s aggregate liability to you for any claims arising out of or related to these Terms or your use of the Services will be capped at the amount you paid to Paidnice in the six (6) months preceding the event giving rise to the claim.
Disclaimer of Responsibility for Third-Party Actions
Paidnice will not be liable for any damages, losses, or expenses resulting from third-party actions, including third-party integrations (such as Xero, QuickBooks, and Stripe), external service disruptions, or unauthorized access to your account due to your failure to secure your login credentials.
Exclusion of Business Losses
For business users, Paidnice disclaims liability for any loss of revenue, profit, business, or anticipated savings, or any business interruption. This limitation of liability is permitted under the Consumer Guarantees Act for business-to-business transactions.
11. Termination & Suspension
Termination by User
You may terminate your account at any time by canceling your subscription through your Paidnice account settings. Termination will take effect at the end of your current billing cycle, and you will retain access to the Services until that time. After termination, all outstanding payments will be due immediately, and Paidnice will delete or anonymize your data in accordance with our data retention policy.
Termination by Paidnice
Paidnice reserves the right to suspend or terminate your access to the Services at any time, with or without cause, for any breach of these Terms or any unauthorized activity, including fraudulent behavior or non-compliance with payment obligations. We may also terminate your account if we cease to provide the Services for any reason.
Effect of Termination
Upon termination, you will lose access to all Paidnice features and data, and any ongoing automated processes (e.g., email reminders, invoice escalations) will cease. Paidnice will not be liable for any loss of data resulting from the termination of your account, except as required by law.
12. Dispute Resolution
Informal Negotiations
Before pursuing formal dispute resolution, both you and Paidnice agree to attempt to resolve any dispute, controversy, or claim arising out of or related to these Terms through good faith informal negotiations for at least thirty (30) days. These negotiations will commence upon written notice from one party to the other.
Binding Arbitration
If informal negotiations fail, the dispute shall be referred to binding arbitration under the Arbitration Act 1996 (New Zealand), or any amendments to this Act. The seat of arbitration shall be Auckland, New Zealand, and the proceedings shall be conducted in English. The arbitration shall be administered by a single arbitrator agreed upon by both parties or, failing agreement, appointed in accordance with the Arbitration Act.
Restrictions
The arbitration shall be limited to disputes between you and Paidnice individually. To the fullest extent permitted by law, no arbitration shall be joined with any other proceeding, and you agree not to pursue arbitration on a class or collective basis.
Class Action Waiver
To the fullest extent permitted by law, you agree to resolve any disputes individually, and not as part of any class, collective, or representative proceeding. The arbitrator shall not consolidate the disputes of multiple parties or preside over any form of representative or class proceeding.
Exceptions to Arbitration
Disputes involving intellectual property rights, theft of services, or unauthorized use of personal information will not be subject to arbitration and may be resolved in court. In such cases, the courts of New Zealand will have exclusive jurisdiction, and both parties agree to submit to the personal jurisdiction of the courts located in Auckland, New Zealand.
13. Modifications to Service
Paidnice reserves the right to change, modify, or discontinue any aspect of the Services at any time and for any reason without prior notice. This may include changes to features, pricing, availability, or any other aspect of the Services.
While we strive to provide timely updates and notifications, we do not guarantee that any particular features or services will be available at any specific time. You acknowledge that Paidnice will not be liable for any modifications, suspension, or discontinuation of the Services or for any loss of access to data due to these changes.
14. Governing Law
These Terms of Service, and any disputes arising from or relating to the Terms, will be governed by and construed in accordance with the laws of New Zealand. Both parties agree that the courts of New Zealand will have exclusive jurisdiction to resolve any legal matters arising out of these Terms or the use of Paidnice Services, except where arbitration applies.
15. Miscellaneous
Entire Agreement
These Terms, along with the Paidnice Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Paidnice concerning the use of the Services. Any prior agreements, negotiations, or understandings, whether written or oral, are superseded by these Terms.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision will be deemed severable and will not affect the validity or enforceability of any remaining provisions. The remaining provisions will remain in full force and effect.
Waiver
Any failure by Paidnice to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver of any provision of these Terms will be effective unless in writing and signed by an authorized representative of Paidnice.
Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms, whether by operation of law or otherwise, without Paidnice’s prior written consent. We may assign or transfer these Terms or any of our rights or obligations to others without restriction.
No Third-Party Beneficiaries
These Terms are for the benefit of you and Paidnice only, and there are no third-party beneficiaries under these Terms.
No Partnership or Joint Venture
Nothing in these Terms shall be construed as creating any partnership, joint venture, or employment relationship between Paidnice and the User. You have no authority to bind Paidnice in any way or make any representations on behalf of Paidnice.
Indemnification
You agree to indemnify, defend, and hold harmless Paidnice, its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to your use of the Services, your violation of these Terms, or your breach of any representations or warranties made under these Terms.
Survival
The provisions of these Terms that by their nature should survive termination or expiration, including but not limited to clauses regarding intellectual property, limitations of liability, indemnification, dispute resolution, and governing law, shall survive any termination or expiration of these Terms.
Data Portability and Retrieval
Upon termination of your account, you will have thirty (30) days to retrieve any personal or business data that you have uploaded to Paidnice, provided such data is still in Paidnice’s possession. After this period, Paidnice reserves the right to delete or anonymize such data, except where legally required to retain it.
Force Majeure
Paidnice will not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure arises from any cause or condition beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or interruptions in services or utilities.
16. Contact Us
If you have any questions or concerns regarding these Terms or the use of Paidnice Services, please contact us by mail at Paidnice Limited, Suite 14537, 17B Farnham Street, Parnell, Auckland 1052, New Zealand, or via email.
