Terms of Service

Agreement

Welcome, and thank you for your interest in Pagayo ("Pagayo", "we", or "us"). These Terms of Service ("Terms") govern your access to and use of Pagayo's software platform, APIs, documentation, and related tools, including at www.pagayo.com, tenant storefronts and admin environments, and all related software made available by Pagayo to build, manage, and operate online and in-person sales ("Service").

By accessing or using the Service, you agree to these Terms. Please also read our Privacy Policy, which explains how we collect, use, disclose, and process personal data.

If you use the Service on behalf of a company or other organisation, you represent that you have authority to bind that entity. In that case, "you" refers to that entity.

If you have a separate written agreement with Pagayo (for example, an enterprise or partner agreement), that agreement controls where it conflicts with these Terms.

1. Access and use

1.1 Provision of access

Pagayo is a multi-channel commerce platform. The Service lets you operate a webshop, point-of-sale flows, and other sales channels, manage orders, products, customers, payments, and related business operations. Subject to your compliance with these Terms, Pagayo grants you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes.

1.2 Your content

You may submit or store information through the Service, including product catalogues, orders, customer records, media, configuration, and messages ("Tenant Content"). You retain ownership of Tenant Content. You grant Pagayo the rights necessary to host, process, transmit, display, and back up Tenant Content solely to provide, secure, and improve the Service, comply with law, and enforce these Terms.

You represent and warrant that you have all rights, licences, and permissions needed for Pagayo to process Tenant Content under these Terms and to provide the Service to you, and that Tenant Content does not violate applicable law or third-party rights.

1.3 AI-assisted features

The Service may include optional AI-assisted features (for example, content suggestions or operational insights). Output from such features is generated automatically and may be inaccurate or incomplete. You are responsible for reviewing any AI-generated output before relying on it in your business. Pagayo does not use your Tenant Content to train machine learning models unless you explicitly opt in where such a feature is offered.

1.4 Acceptable use

Except where prohibited by applicable law, you may not:

• Reverse engineer, decompile, or attempt to derive the source code or underlying structure of the Service, except to the extent such restriction is not permitted by law.
• Copy, modify, or create derivative works of the Service, or resell, rent, or sublicense access to the Service.
• Probe, scan, or attempt to penetrate the Service, interfere with its operation, or circumvent access controls or usage limits.
• Use the Service to transmit malware, spam, or unlawful, harmful, or fraudulent content or activity.
• Use the Service in a manner that infringes intellectual property or other rights of any person, or that violates applicable laws or regulations (including consumer, payment, tax, and marketing laws).
• Misrepresent your identity, your business, or the origin of goods or services sold through the Service.
• Knowingly permit any third party to do any of the foregoing.

You will promptly notify Pagayo of any unauthorised use of your account and cooperate reasonably to prevent or stop such use.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) to use the Service. By agreeing to these Terms, you represent that you meet this requirement, that you have not previously been suspended or removed from the Service for cause, and that your use of the Service complies with all applicable laws in your region.

If you operate a business that sells to consumers, you are responsible for complying with laws that apply to your customers, including age restrictions for certain products or services.

3. Accounts

Most features require a Pagayo account. When you register, you may be asked for information such as your name, email address, business name, and billing details. You agree to provide accurate, complete information and to keep it up to date.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. If you believe your account is no longer secure, notify us immediately at legal@pagayo.com.

Pagayo may offer role-based access for team members. You are responsible for permissions you grant and for actions taken by users you authorise.

4. Payment terms

4.1 Plans and fees

Certain features require a paid plan. Current fees are described on our Pricing page or in the Service. Unless stated otherwise, paid plans are billed annually in advance. Fees are shown in euros unless we indicate otherwise at checkout. Fees are non-refundable except where required by applicable law.

4.2 Price changes

We may change fees for the Service. If we increase fees for a paid plan you already subscribe to, we will give you reasonable advance notice before the change applies to your next billing cycle. Your continued use after the effective date constitutes acceptance of the new fees. If you do not agree, you may cancel before renewal.

4.3 Payment processing

Platform subscription fees are processed by third-party payment providers, including Stripe and Mollie. Your use of those payment services is subject to the provider's terms and privacy policies. Pagayo does not store full payment card numbers.

End-customer payments. When you accept payments from your own customers through the Service, those transactions are typically processed through your connected payment account (for example, Stripe Connect). Pagayo is not the merchant of record for your sales to end customers unless we expressly state otherwise in writing.

4.4 Subscriptions and renewal

Paid subscriptions renew automatically for successive periods of the same duration unless you cancel before the renewal date. You authorise Pagayo or its payment processors to charge applicable fees and taxes on each renewal. Cancel through your account billing settings or by contacting us before renewal to avoid the next charge.

4.5 Taxes

You are responsible for taxes associated with your use of the Service, other than taxes based on Pagayo's net income. Where required, we will collect VAT or similar taxes at checkout.

4.6 Delinquent accounts

If fees are due but unpaid, we may suspend or limit access to paid features until payment is received. We may terminate accounts that remain delinquent after notice.

5. Ownership and licenses

5.1 The Service

Pagayo and its licensors own all rights in the Service, including software, design, documentation, and trademarks. No rights are granted except as expressly stated in these Terms.

5.2 Tenant Content

As between you and Pagayo, you retain all rights in Tenant Content. Pagayo does not claim ownership of your product data, orders, or customer records.

5.3 Feedback

If you provide suggestions or feedback about the Service ("Feedback"), you grant Pagayo a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit Feedback without restriction or compensation to you.

5.4 Usage data

We may collect and analyse technical logs and usage information about how the Service is accessed and used ("Usage Data") to operate, secure, and improve the Service. Usage Data does not include Tenant Content. We may disclose Usage Data only in aggregated or de-identified form that does not identify you.

6. Tenant responsibilities

When you use Pagayo to sell goods or services, you are the operator of your store or business. You are solely responsible for:

• The products and services you offer, including descriptions, pricing, availability, and legal compliance.
• Your terms, policies, and notices to your customers (including refund, shipping, and privacy policies where required).
• Collecting and remitting applicable taxes, duties, and regulatory fees.
• Handling customer support, disputes, chargebacks, and returns for your sales.
• Ensuring that payment methods and customer data are handled in compliance with applicable law and payment network rules.

Where Pagayo processes personal data on your behalf as a processor, our processing is described in our Privacy Policy and, where applicable, a data processing agreement.

7. Third-party services

The Service integrates with third-party services, including Cloudflare (infrastructure), Stripe and Mollie (payments), and other providers you may enable (for example, email, analytics, or import tools). Third-party services are governed by their own terms. Pagayo does not control and is not responsible for third-party services. Your decision to enable an integration is at your own discretion and risk.

8. Beta features

We may offer features labelled beta, preview, early access, or similar. Beta features may be incomplete, change without notice, or be withdrawn. Beta features are provided "as is" without warranty or support commitments. Use beta features at your own risk.

9. Communications

We may send you service-related emails (for example, security alerts, billing notices, or material changes to these Terms). You may opt out of promotional emails using the unsubscribe link in those messages. You may not opt out of essential service communications while you maintain an account.

10. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, notify you by email or through the Service. Changes take effect when posted unless stated otherwise. Your continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, if required by law, to address security or abuse, or if fees remain unpaid after notice. We will strive to give reasonable advance notice before terminating paid access, except where immediate action is necessary.

If we terminate your paid subscription without cause, we will refund unused prepaid fees on a pro rata basis. If termination results from your breach of these Terms, no refund is owed.

Upon termination, your right to access the Service ends. We may delete or retain Tenant Content as described in our Privacy Policy and applicable law. You should export data you need before closing your account.

Sections that by their nature should survive termination (including payment obligations, ownership, indemnity, disclaimers, limitation of liability, and dispute resolution) will survive.

12. Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time. We are not liable for changes to the Service, including paid features, or for temporary unavailability. We do not guarantee that any particular feature will remain available indefinitely.

13. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to legal@pagayo.com including:

• Your physical or electronic signature.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing and information reasonably sufficient to locate it.
• Your contact details.
• A statement of good-faith belief that the use is not authorised by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury where applicable, that the information in the notice is accurate and that you are authorised to act on behalf of the copyright owner.

We may remove or disable access to material that we believe violates these Terms or applicable law and may terminate repeat infringers where appropriate.

14. Privacy

Our collection and use of personal data is described in the Privacy Policy. By using the Service, you acknowledge that you have read it.

15. Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Pagayo and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) Tenant Content; (c) your sales or business operations conducted through the Service; (d) your violation of these Terms or applicable law; or (e) any claim that Tenant Content infringes third-party rights.

16. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, PAGAYO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PAGAYO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PAGAYO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF PAGAYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, PAGAYO'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PAGAYO FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) EUR 100.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or wilful misconduct, or statutory consumer rights where you use the Service as a consumer.

18. Dispute resolution

We prefer to resolve concerns informally. Contact us first at legal@pagayo.com and allow a reasonable opportunity to address your concern.

If you are a consumer in the European Economic Area, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr .

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Unless mandatory law requires otherwise, disputes that cannot be resolved informally will be submitted to the competent courts in the Netherlands.

19. General

• Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms presented at checkout, form the entire agreement between you and Pagayo regarding the Service.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Export controls. You must comply with applicable export control and sanctions laws. You may not use the Service in violation of such laws.
• Electronic communications. You consent to receive communications from us electronically. Electronic communications satisfy legal writing requirements where permitted by law.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• No waiver. Failure to enforce a provision is not a waiver of that provision or any other provision.

20. Contact

Questions about these Terms? Contact us:

See also our contact page for other ways to reach us.