Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the PaydMetrics payment analytics platform, our websites and our APIs (together, the “Service”). The Service is provided by FLOWSOFT TECH LIMITED, a company incorporated in the Hong Kong Special Administrative Region and trading as PaydMetrics (“PaydMetrics”, “we”, “us”).

Our registered office is Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong.

By creating an account, connecting a payment provider or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of a company, you confirm you have authority to bind that company, and “you” refers to that company.

If you do not agree to these Terms, you may not use the Service.

You must be at least 18 years old and capable of forming a binding contract. You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity that occurs under your account.

You must notify us promptly through our contact form if you suspect unauthorised access. We are not liable for losses arising from credentials you failed to protect.

The Service reads transaction data from third-party payment providers you choose to connect, such as Stripe, PayPal or Adyen. You represent that you are authorised to grant us access to each account you connect.

Connections are read-only by default. PaydMetrics does not hold, transmit or settle funds, and is not a payment processor, money transmitter or billing system. Where you explicitly enable failed payment recovery, you additionally authorise us to trigger retries on the specific provider you enabled it for, subject to that provider’s own rules.

Your use of each connected provider remains governed by your agreement with that provider. We are not responsible for their availability, accuracy or acts, and a change they make to their API may affect the Service.

As between you and PaydMetrics, you own all data you submit or that we ingest from your connected providers (“Customer Data”). We claim no ownership over it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display Customer Data solely to provide, maintain and secure the Service, and to comply with law. We may use aggregated, de-identified data that cannot reasonably be linked to you or any individual to improve the Service and to publish benchmarks.

Our handling of personal data is described in the Privacy Policy, which forms part of these Terms.

You agree not to, and not to permit anyone else to:

• connect an account you are not authorised to access, or submit data you have no right to submit;
• reverse engineer, decompile or attempt to derive the source code of the Service, except where that restriction is prohibited by law;
• probe, scan or test the vulnerability of the Service, or breach any security or authentication measure, other than under a security disclosure we have authorised in writing;
• resell, sublicense or make the Service available to a third party outside your organisation, other than as expressly permitted;
• use the Service to build a competing product, or to circumvent usage limits, rate limits or plan entitlements;
• upload malware, or use the Service in a way that infringes another party’s rights or breaches applicable law.

We may suspend access without notice where we reasonably believe continued access presents a security, legal or availability risk. We will restore access promptly once the cause is resolved.

Paid plans are priced on tracked revenue as described at the point of sale. Fees are billed in advance on a recurring basis and, except where required by law, are non-refundable.

If your tracked revenue exceeds your plan tier, we will notify you and may move you to the appropriate tier at the start of your next billing period. Trials convert to a paid plan only if you choose to subscribe.

Fees exclude taxes. You are responsible for all applicable sales, use, VAT, GST and withholding taxes, other than taxes on our income. We may change pricing on at least 30 days’ notice, effective from your next billing period.

We aim for high availability but do not guarantee the Service will be uninterrupted or error-free except where a written service level agreement applies to your plan. We may perform maintenance, and will use reasonable efforts to give advance notice of planned downtime that is likely to be material.

Metrics presented by the Service are derived from data supplied by your connected providers. They are provided for analysis and are not accounting, tax, audit or investment advice. You remain responsible for verifying figures used for statutory reporting.

The Service, including its software, interfaces, documentation and trademarks, is owned by PaydMetrics and its licensors and is protected by intellectual property law. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, solely for your internal business purposes. All rights not expressly granted are reserved.

Each party may access non-public information of the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisers bound by comparable obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully received from a third party. A party compelled by law to disclose may do so, giving notice where legally permitted.

These Terms run for as long as you use the Service. You may cancel at any time from your account settings, effective at the end of the current billing period. We may terminate or suspend for material breach that remains uncured 14 days after written notice, or immediately where required by law.

On termination your right to use the Service ends. You may export your data for 30 days after termination, after which we may delete it in line with our retention practices. Sections that by their nature should survive — including ownership, confidentiality, disclaimers, limitation of liability and governing law — survive termination.

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will meet your requirements or that results obtained from it will be accurate or reliable. Nothing in these Terms excludes liability that cannot lawfully be excluded.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, however caused and under any theory of liability.

Each party’s total aggregate liability arising out of or related to these Terms will not exceed the fees you paid or owed to us for the Service in the twelve months preceding the event giving rise to the claim. These limits do not apply to your payment obligations, either party’s indemnity obligations, or liability for fraud, death or personal injury caused by negligence.

You will defend and indemnify PaydMetrics against third-party claims arising from Customer Data, from your use of the Service in breach of these Terms or applicable law, or from your lack of authority to connect an account. We will defend and indemnify you against third-party claims that the Service, used as permitted, infringes that party’s intellectual property rights. The indemnified party must give prompt notice, reasonable cooperation and control of the defence.

We may modify the Service, and may update these Terms to reflect changes to our product, business or legal obligations. Where a change materially reduces your rights we will give at least 30 days’ notice by email or in-product. Continued use after a change takes effect constitutes acceptance. If you do not accept, you may cancel and we will refund any prepaid fees covering the remainder of the term.

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the courts of Hong Kong.

These Terms, with the Privacy Policy and any order form, are the entire agreement between the parties on this subject. If a provision is held unenforceable, the remainder stays in force. A failure to enforce is not a waiver. You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a merger or sale of assets.

Questions about these Terms, and any formal notice under them, should be sent through our contact form or in writing to FLOWSOFT TECH LIMITED, Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, Hong Kong.