Effective: 2020-11-02

Aptys Solutions (“Aptys”) provides the PayMōli service (“PayMōli”), which enables people who register with the service (“Users”) to send money to someone else from a smartphone. PayMōli partners with financial institutions and their service providers (“PayMōli Network”) to provide this service to the customers of the financial institutions. This agreement, along with the PayMōli Privacy Policy (“Privacy Policy”) and Consent for Electronic Disclosures, defines the relationship between Users and Aptys.

The Privacy Policy is available at https://terms.paymoli.app/consumer-privacy-policy.html. The Consent for Electronic Disclosures document is at https://terms.paymoli.app/consent-electronic-disclosures.html. You must agree to the terms described in all three of these documents in order to register as a User of PayMōli.

Your registration with PayMōli indicates agreement with these terms.

Not a Financial Institution

Aptys is not a financial institution. Aptys provides PayMōli to assist financial institutions in allowing their customers to make simple person-to-person payments, but Aptys does not hold any funds. All financial transactions are executed through your financial institution.

Aptys offers no protections for payments made through PayMōli. Aptys neither enhances nor degrades protections for payments that are provided by your financial institution. Your relationship with your financial institution is provided for in the disclosures and agreements between you and your financial institution, and the agreements, disclosures and policies between you and Aptys does not change your relationship with your financial institution in any way.

Eligibility

To register as a User you:

  1. Affirm that you are at least 18 years old
  2. Affirm that you are a legal resident of the United States, and therefore accountable to U.S law enforcement
  3. Will register a personal checking account held by a U.S. financial institution
  4. Have the authority to use all the funds in the checking account to make payments
  5. Have the authority to receive payments into the checking account

Your Information

When you register with PayMōli you must provide some personal information to allow PayMōli to identify you uniquely. You affirm that:

  1. The information that you provide about yourself is accurate and correct
  2. You will update the personal information you provided to PayMōli when it changes
  3. You will not misrepresent yourself to PayMōli in any way
  4. You will not misrepresent the mobile device that you use with PayMōli, such as using software that misrepresents attributes about the mobile device
  5. You will not use a service that hides or misrepresents your Internet connection attributes (such as an anonymous proxy)

You agree to allow Aptys to perform actions or make inquiries to validate the information that you provide to PayMōli. You agree to allow Aptys to inquire about you with your financial institution and to allow Aptys to share your PayMōli information with your financial institution.

When you register with PayMōli you create a password for your account. You agree that you are responsible for protecting the secrecy of your password outside of PayMōli. You agree that you will not use your PayMōli password for any other service or account of any kind. The best passwords are long (many characters) and Aptys recommends that you make use of a trusted password manager to be able to create long and unique passwords. Aptys reserves the right to reject your selected password if it is too weak (easy to guess or attack) or if it has been exposed in a previous data breach of any kind. Aptys reserves the right to require you to change your password if it is discovered in a data breach of any kind.

Restrictions

You agree that you will not use PayMōli to:

  1. Make payments to non-U.S. bank accounts
  2. Receive payments to a non-U.S. bank account
  3. Make payments to businesses of any kind
  4. Execute, support, or otherwise engage in illegal activity
  5. Threaten, bully, promote hate, or otherwise intimidate any person or group

You agree that you will not use information from PayMōli to advertise to any person or make unsolicited contact.

You agree not to hack PayMōli. This includes but is not limited to:

  1. Disassembling the software
  2. Probing the mobile or server applications for vulnerabilities
  3. Making use of automation to manipulate the mobile or server applications
  4. Constructing undue traffic to servers, server applications, or infrastructure
  5. Engaging in activity that disrupts PayMōli or it’s associated services
  6. Using PayMōli to probe or discover financial accounts
  7. Attempting to discover information in PayMōli that you are not entitled to have

You agree that will not use PayMōli from within a country that is subject to a U.S. Government embargo. You agree that will not use PayMōli when you travel to a country affected by a U.S. Government embargo, even if you normally use PayMōli within the United States.

Your Checking Account

When you register for the service, you can register in a way that allows you to send payments, but you can also register to only receive payments. To send payments, you must register a checking account that is held by a financial institution that is within the PayMōli Network. You can register to receive payments using a checking account held by any U.S. financial institution. In either case, you agree to register a personal checking account only, not a business checking account. Payment instructions for business checking accounts may not be processed successfully by PayMōli.

Checking Account within the PayMōli Network

When you register a checking account that is held by a financial institution that is within the PayMōli Network, then PayMōli provides capabilities that enable you to send funds from your checking account to another person’s checking account. PayMōli’s role is to simplify making payments from one person to another person. PayMōli does not ever hold your funds, and you cannot open any kind of financial account with PayMōli. When you provide payment instructions, PayMōli sets in motion a funds transfer between your checking account and the other person’s checking account, using standard funds transfer mechanisms provided by your financial institution and the applicable agreements between you and your financial institution.

When you create a payment instruction, you affirm that your checking account has enough clear funds to execute the payment. You agree that if you request a payment and do not have the funds to support the payment then you may be subject to fees from your financial institution and that the payment may not be executed. You agree that if your financial institution elects to transfer the funds, even though the funds are not available, this may result in your account with your financial institution being overdrawn and the dishonor of other account transactions.

When you register your checking account you agree that it may be used to make payments, even if you do not intend to make payments. You agree that PayMōli will execute micro-transactions (less than $1.00) to the account to verify that you have the right to access the account. By completing the process of verifying the codes from those micro-transactions you agree that PayMōli is allowed to initiate payments on your behalf to the recipient identified by you within the PayMōli mobile app.

You further agree that if the financial institution that holds your checking account leaves the PayMōli Network, that you will no longer be able to initiate payments from the checking account.

Checking Account for Receiving Funds Only

When you register a checking account that is held by a financial institution that is not within the PayMōli Network, you understand that PayMōli does not validate the information about the checking account, and does not validate that you have permission to use that account. You agree that you are responsible for entering the correct information to identify the checking account, and that if you do not, then you are solely responsible for the failure of funds to reach your account, and have no recourse to retrieve funds that are directed to an account that is not yours.

You further agree that you will only register a checking account for which you have full authority to receive funds into.

You understand that you cannot initiate payments from this checking account.

You agree that should the financial institution that holds your checking account join the PayMōli Network, that PayMōli may notify you and automatically initiate micro-payments in order to verify your ownership of the checking account. You agree that when the financial institution that holds your checking account joins the PayMōli Network, that you become bound by the portion of this agreement that governs those types of checking accounts (Checking Account within the PayMōli Network).

Payment Instructions

When you submit a payment instruction to PayMōli, Aptys makes a good faith effort to complete the payment as requested. There are circumstances outside of the control of Aptys that may prevent a payment from completing as requested. Aptys makes a good faith effort to provide information about failed payments but researching failed payments may require you to work with your financial institution directly to discover the reason for a failure.

PayMōli makes a good faith effort to represent the status of a payment instruction. PayMōli does not have insight into your checking account transactions or to the transactions of the recipient of a payment (“Payee”). If a payment instruction is rejected and Aptys is notified of that rejection, PayMōli will mark a payment instruction as “Failed” when it receives feedback from the banking interchange system that the payment has failed. It is possible that a transaction that is marked “Failed” may be executed successfully after it was initially rejected, and PayMōli does not get notifications in that case. You agree that PayMōli is not the system of record for payment status, and that your financial institution is the authority for the status of payments.

There are many reasons that a payment does not complete as expected. Some of those reasons involve the payment being rejected by the receiving financial institution (including the right of the Payee to refuse the payment), there being insufficient funds in your account with your financial institution, and any other reason a financial institution may reject a funds transfer request under any law or agreement that applies. You agree that Aptys is not responsible for the failure of a payment that is rejected. You agree that you will not use PayMōli to make payments that require a specific timeline or will result in damage to you if the payment does not complete in a specific timeline or does not complete at all.

You agree that once you submit a payment instruction, the instruction shall be executed without any recourse to cancel the instruction through PayMōli, retrieve funds that are transferred, or otherwise reverse the payment. You agree that the payment will be executed with the instructions that you provide at the time you submit the payment instruction, and that if there is an error in the instruction, you cannot change the instruction after it is submitted.

You agree that once you submit a payment instruction to PayMōli that you will not interfere with the successful completion of that payment in any way and at any time. This includes the prohibition against executing a stop payment instruction or a chargeback instruction with your financial institution. You agree that you will not manipulate PayMōli to make it appear that an executed payment was different from the instructions that you provided at the time you submitted the payment instruction. You agree that if you interfere with a payment instruction that Aptys, your financial institution, and/or law enforcement may consider this to be an act of financial fraud.

You agree that Aptys is not liable for any damages related to payment instructions in PayMōli, whether initiated by you or by another party.

PayMōli imposes limits on the total amount of funds that you can transfer. Once you have reached the limit you will not be allowed to transfer funds until the limit has expired. You also understand that your financial institution may block you from making new payments, at their discretion.

You agree that if you need to make a payment that must be executed by a specific time or must be verified, that you will use a service other than PayMōli to execute that payment, and that you may be charged a fee by that service provider.

Receiving Payments

You agree that if you receive a payment through PayMōli that was unexpected and was made to you incorrectly through the error of another User, that you will refund the payment in good faith and in a timely manner.

You agree that if another User sends you a payment, and that payment is revoked by that User or revoked for any other reason, that you will refund the payment and you may be responsible for any fees associated with the revoked payment. You understand that if you retain the benefit of these payments, you may be subject to liability to the parties who were harmed as a result of your failure to return the funds.

Unauthorized Activity

If you believe that there are transactions related to PayMōli that are incorrect or fraudulent, you agree to contact your financial institution directly. Failure to contact your financial institution may limit your rights. Your financial institution has access to your full checking account activity and to your PayMōli activity, and so has a broader view of your checking account. Aptys cannot contact your financial institution for you, and Aptys is not responsible for any loss or penalty due to a delay as a result of you contacting Aptys instead of your financial institution.

Mobile Service Providers

This agreement does not modify your relationship with your mobile service provider(s), Internet service provider(s), or your device manufacturer or provider. Aptys is solely responsible for maintenance and support of the PayMōli mobile application. Issues or questions about PayMōli should be addressed to your financial institution if they are shown on the Contact Us page of the app (from the Help menu). Otherwise, issues or questions should be addressed to Aptys.

You agree that the PayMōli mobile application makes use of services on your device that may result in fees from your device’s service providers. You agree that you are responsible for any fees for services related to providing the platform on which you use the PayMōli mobile application, including but not limited to cellular access, Internet access, and SMS/text messaging. You also agree that you must comply with the applicable terms of your other mobile service providers when using the mobile app.

This agreement does not create an agreement with the companies who provide services that allow you to install apps on your mobile devices, such as Apple or Google. This agreement does not modify any separate agreement that you may have with those service providers.

Protecting the Mobile App

You agree to secure the mobile device(s) where you install and use the PayMōli mobile application. Aptys uses industry-standard technology to ensure that the PayMōli mobile app is secure from unauthorized use on your device(s). You agree that if you share access to your device(s) with someone else, and that person executes a payment instruction through PayMōli, that you are fully responsible for that payment.

You agree that if you bypass the built-in security on your device, such as by “rooting” or “jail-breaking” it, that you compromise the security of your device, you compromise the ability of Aptys to protect the mobile application, that any breach of the private data on your device is your responsibility, and that Aptys cannot be held liable for such a breach.

Closing Your PayMōli User Account

When your checking account is held by a financial institution within the PayMōli Network, you may close your PayMōli User account at any time by contacting your financial institution. Any of your payment instructions that have not yet been executed will not be impacted and will be processed as if your account were still active. Another User may successfully execute a payment to you regardless of whether your User account is active.

When your checking account is not held by a financial institution within the PayMōli Network you may contact Aptys Solutions for assistance in closing your account.

Fees

Aptys does not charge fees to Users for use of PayMōli. PayMōli is funded by financial institutions and service providers as a service to Users.

While Aptys does not charge fees to Users, there may be fees associated with failures to process payments, other aspects of the payment processing infrastructure, or your relationship with your financial institution. Your financial institution may charge fees for using PayMōli. Your financial institution will have disclosed their fees to you in their own disclosure documents.

Changes to This Agreement

From time to time Aptys will change this agreement to reflect current business practice and law. Aptys will notify you at your email address or via the PayMōli mobile application about the changes. Aptys will also post the current versions of all agreements publicly at https://www.paymoli.com. You agree to maintain a correct and current email address within PayMōli, and that if your email address is not correct and current that Aptys is not liable for any missed notifications. You agree to promptly review any changes to this agreement and to the agreements referenced by this document.

Aptys reserves the right to discontinue PayMōli and to terminate this agreement at any time. Aptys will make a reasonable effort to notify you in advance of a discontinuation of service.

User’s Failure to Abide by Agreement

You agree that if you violate any portion of this agreement, you may be penalized up to and including a permanent revocation of your access to PayMōli. You agree that Aptys has the authority to notify law enforcement authorities if it believes that you are using PayMōli for illegal or fraudulent activity. You agree that if your use of PayMōli results in the inappropriate loss of funds from any other party, including Aptys, that you may be held responsible for restoring those funds and for financial penalties.

End-User Software License Agreement (EULA)

Scope of License

Aptys provides software in the form of the PayMōli mobile application (“Licensed Application”) for your use of PayMōli. Aptys grants you a limited, nonexclusive license to make use of this software as long as you are a User. You do not own the software, and you may not copy it except in the activity of making a backup of your mobile device. You may not transfer this license to any other person or entity.

Support

If your financial institution is registered with PayMōli, then Aptys provides the service to your financial institution, either directly or indirectly. In that case, your financial institution is your first point of contact for any questions or issues with PayMōli or the Licensed Application. If you contact Aptys directly for any questions or issues, your communication may be forwarded by Aptys directly to your financial institution to be handled by them.

If your financial institution is not registered with PayMōli then support is provided by Aptys. The Help menu in the Licensed Application shows you a Contact Us page that includes information on who should be your first point of contact for support. Your mobile service provider(s) are not responsible for providing support for the Licensed Application.

Aptys Solutions, LLC.
6991 Peachtree Industrial Blvd.
Suite 400
Norcross, GA 30092
972.722.5400
support@paymoli.com
https://www.paymoli.com/support

Product Claims

Aptys is responsible for addressing any claims of the User or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. This agreement does not limit liability beyond what is permitted by applicable law.

Intellectual Property Rights

You agree that in the event of any third party claim that the Licensed Application or your possession/use of Licensed Application infringes that third party’s intellectual property rights, Aptys is solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Beneficiary

When you acquire the Licensed Application from the Apple App Store, you agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that Apple has the right (and has accepted the right) to enforce the EULA portions of this agreement against you, as a third party beneficiary thereof.

No Warranty

There is no warranty for the PayMōli app or services.

You expressly acknowledge and agree that use of the licensed application is at your sole risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided “as is” and “as available,” with all faults and without warranty of any kind, and Aptys hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. No oral or written information or advice given by Aptys or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

The mobile device manufacturer, mobile device provider, and mobile device app store provider have no warranty obligation with respect to the Licensed Application or this agreement.

Limitation of Liability

To the extent not prohibited by law, in no event shall Aptys be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Aptys has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

In no event shall Aptys’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

Choice of Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, except to the extent that U.S. federal law applies. All disputes shall be brought in the State or Superior Court of Fulton County; both parties agree to the venue and jurisdiction of these courts.

Aptys reserves the right to resolve any disputes or claims related to this agreement in binding arbitration.

Changes

This is a summary of changes to the document. Reading these summaries is not a good substitution for reading the full document, but it helps you understand where the document was changed.

2020-11-02 Version