PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING
UP OR ONBOARDING WITH MYPAY
This Customer Agreement (may be amended from time to time) (referred to as the
“Agreement”) outlines the terms and conditions (referred to as the “Terms”) under which
MyPay ApS (referred to as “we”, “us”, “our”, “MyPay”, or “the Company”) provides access to
It’s Cloud Software and/or Hardware Services. These services are available for purchase or
subscription by you (referred to as “customer”, “you”, “your”, or “the User” (which includes
your directors, employees, contractors and agents) agree to our Terms & Conditions in
respect to your use of MyPay Platform and the Services.
Collectively, you and MyPay are referred to as the “Parties” to this Agreement.
By agreeing to these terms and conditions, you enter into a legally binding agreement with
MyPay ApS, a company incorporated under the Laws of Denmark, with CVR number
[44906546] and a registered address at [Ehlersvej 7 2900 Hellerup]. This agreement grants
you specific rights to use the Services provided by MyPay.
By accessing or using the Services, you consent to abide by these Terms and Conditions
and any updates thereto.
- Subscription and Engagement
1.1 By using any of our services, you agree to abide by these Terms and Conditions. If you
do not agree with any of the Terms outlined here, please refrain from using our services.
1.2 You may utilize the products and services provided by MyPay, including the MyPay
Platform (the “Services”), throughout the Term, in accordance with the terms set forth in this
Agreement.
1.3 We reserve the right to change, modify, or update these Terms and Conditions at any
time. We will make reasonable efforts to inform users of any changes through email.
1.4 This Agreement constitutes a legal contract solely between you and us. It does not, and
is not intended to, create any partnership, joint venture, employment, or franchise
relationship between us, nor does it designate MyPay as your agent. No other parties have
the right to enforce any rights or benefits outlined in this Agreement, nor can anyone claim to
hold those rights in trust for another person. You are permitted to use the Services
exclusively for your own business purposes and may not use our Confidential Information to
compete with our services. Additionally, this Agreement does not limit our ability to exercise
similar rights or grant them to third parties.
1.5 These Terms and Conditions apply to all individuals accessing Cloud Software and/or
Hardware services provided by MyPay, regardless of whether a subscription fee is paid. Any
other terms or conditions that are not specifically included in this document are not valid.
This excludes terms that are fraudulently made or those that are required by law.
1.6 You agree that we will be your sole provider of technological solutions that are similar to
or equivalent to the Services you are currently using. However, you are not prohibited from
using third-party solutions for any components of the Services that you do not currently
utilize.
1.7 By agreeing to these Terms and Conditions, the User confirms that they are not and will
not be regarded as a ‘consumer’ under the Danish Consumer Contracts Act or any
applicable Danish consumer protection legislation. - Term Clarifications & Interpretations
2.1 “End User” designates any person or organization (including corporations) who places
an order with you via the MyPay Platform or utilizes the MyPay Platform in relation to your
business activities.
2.2 “Platform” refers to the technology (both hardware and software) provided by MyPay as
a SaaS company to enable various services, including but not limited to food ordering. The
products and services offered through our Platform, whether or not fees are applied, are
collectively known as “Platform Services.”
2.3 “Chargeback” is when a card payment is reversed because the cardholder disputes a
transaction. The card issuer takes the money back from the merchant and returns it to the
cardholder. The payment amount, plus an additional dispute fee, is deducted from the
Customer’s account balance.
2.4 “Hardware” refers to any physical components provided to you as part of the Services,
both now and in the future. This includes, but is not limited to, electronic point-of-sale (POS)
systems, terminals, card readers, printers, kiosks, display screens, mounts, cabling, and
card reader stands.
2.5 “Business Day” means any day other than a Saturday, Sunday, or public holiday in
Denmark when banks are open for business. “Business Hours” refers to the time between
9:00 AM and 5:00 PM on a Business Day.
2.6 “Client Agreement” refers to the agreement between us and you, which may be updated
or replaced periodically and could apply to various products and Services. This agreement
can be executed electronically and in multiple copies.
2.7 Users who have integrated MyPay payments through our partner’s Payment Service are
required to agree to the terms and conditions of the partner’s agreement in order to create a
Connected Merchant Account.
2.8 “Third-Party Services” refers to any products, software, applications, or services offered
by external providers that either integrate with, function alongside, or connect to one or more
of our Services, or that you may connect to or activate in conjunction with our Services.
2.9 “Authorized Recipients” or “Authorised Recipient” refers to your affiliates who have been
formally approved by us, in writing, to utilize the Services as outlined in the Terms of Service.
This approval is granted after we receive a written request from you requesting authorization
for such affiliates to access the Services.
2.10 “Platform Fee” refers to a fee paid by the End User to MyPay, for each individual
transaction processed through the MyPay Platform. This fee is in addition to any order and
delivery charges. Platform Fees are distinct from Merchant Fees and Platform Charges.
2.11 “License Subscription Fee” refers to the minimum monthly or annual fee, if applicable,
paid by the User to MyPay for access to our Cloud Software.
2.12 “Effective Date” refers to the date specified in the Client Agreement. If the Effective
Date is not clearly stated in the Client Agreement, it will be the date when you initially signed,
unless a different date is agreed upon in writing. If you accessed the Services before the
date noted in the initial Client Agreement, the Effective Date will be the date you first gained
access to the Services.
2.13 “Unexpected events” refers to exceptional events or situations beyond our reasonable
control that impede or obstruct our ability to fulfil our obligations. This includes, but is not
limited to civil disturbances, warfare or terrorism, pandemics, natural disasters failure of
essential infrastructure, government actions and the default of key suppliers or
subcontractors.
2.14 “Taxes” includes any government-imposed charges such as VAT, sales tax, or similar
taxes levied by federal, provincial, state, or other governmental authorities that may be
applicable at any time.
2.15 “Insolvency Event” means any of the following occurrences: (a) the Customer suspends
or threatens to suspend payment of its debts, is unable to pay its debts as they become due,
admits inability to pay its debts, or is deemed unable to pay its debts under applicable
bankruptcy legislation; (b) the Customer engages in negotiations with creditors to reschedule
debts, proposes or enters into a compromise or arrangement with creditors, except for
purposes related to a solvent amalgamation or reconstruction; (c) a petition, notice,
resolution, or order is made for the winding up of the Customer, other than for a solvent
amalgamation or reconstruction; (d) an application is made for, or an order is made
appointing, an administrator, or a notice of intention to appoint an administrator is given; (e)
the holder of a qualifying floating charge appoints or becomes entitled to appoint an
administrative receiver; (f) a receiver is appointed over the Customer’s assets or a person
becomes entitled to appoint one; (g) a creditor or encumbrancer attaches or takes
possession of the Customer’s assets, or a distress or similar process is levied, and is not
discharged within 14 days; (h) any event or proceeding in any jurisdiction affecting the
Customer that has an equivalent effect to the above-listed events; or (i) the Customer
suspends, ceases, or threatens to suspend or cease carrying on all or a substantial part of
its business.
2.16 “Section” refers to a specific section or part of these Terms of Service. - Usage Rights
3.1 In exchange for your fulfilment of the obligations under this Agreement, MyPay grants
you and each Authorized Recipient a personal, nonexclusive, non-sublicensable,
non-transferable, royalty-free license to use the Services. This license is granted in
accordance with the terms of the Agreement and any additional instructions, policies,
procedures, or documentation provided by MyPay.
3.2 You are accountable for all activities and actions conducted under your MyPay account,
including those performed by your staffs, or any third parties. It is your responsibility to
protect your account credentials and promptly inform us of any unauthorized access. If such
access occurs, you must take all reasonable measures to secure your account and
terminate the unauthorized access. You are required to cooperate with us in resolving any
issues related to unauthorized access. We are not responsible for any losses or damages
resulting from unauthorized activity on your account. - Hardware
4.1 All hardware purchases require full payment at the time of ordering for dispatch.
4.2 All hardware is delivered disassembled with instruction manuals and guides to assist the
User in assembling the equipment. The Company will not send engineers for installation or
troubleshooting at the User’s location.
4.3 All prices are listed and billed to the User’s bank account in DKK. Any fees for
transactions in currencies other than DKK will be the User’s responsibility.
4.4 All hardware provided by the Company includes a one-year basic manufacturing
warranty starting from the date of delivery dispatch. In the case of a reasonable technical
fault, the Company will attempt to resolve the issue remotely. If necessary, the Company
may request that the faulty hardware be returned following the Warranty Returns Process
outlined in Section 5.
4.5 The User may buy hardware from MyPay either with or without a valid Cloud Software
license subscription. However, if the User opts to use the hardware with third-party software,
MyPay cannot guarantee compatibility. The Company is not responsible for ensuring that the
User’s software will work with our hardware.
4.6 If the law mandates that we repair or replace defective Hardware we provide, we will
fulfill this obligation upon receiving reasonable notice and supporting information from you.
You are responsible for the upkeep and maintenance of the Hardware, except when
maintenance is explicitly included as part of the Services.
4.7 It is the User’s responsibility to research fully whether any hardware purchased from
MyPay shall meet their requirements and expectations. The User is responsible for
thoroughly researching whether any hardware purchased from MyPay will meet their needs
and expectations. For additional information, the User should reach out to our Team. We
encourage the User to utilize the resources available on our website to make an informed
decision before purchasing our hardware.
4.8 When a replacement is provided, the warranty continues for one year from the initial
delivery dispatch date, not from the dispatch date of the replacement item.
4.9 The Company reserves the right to repair the same faulty equipment as many times as
necessary before providing a replacement or refund. A replacement or refund will only be
offered if the equipment cannot be repaired.
4.10 The basic manufacturing warranty does not cover theft, fire, tampering, or mishandling.
4.11 Replacement hardware may be a refurbished unit that matches or surpasses the
technical specifications of the original equipment.
4.12 The Company is not responsible if the hardware becomes unusable due to third-party
software, including but not limited to software from manufacturers or operating systems. In
these situations, the Company will not offer repair, replacement, or refunds.
4.13 The Company, its subsidiaries, affiliates, and licensors do not warrant that: (i) the
Hardware will meet the User’s specific requirements; (ii) the quality of the software,
hardware, or any other materials purchased or obtained by the User will meet all of the
User’s expectations; (iii) the Hardware will be free from faults, errors, or inaccuracies; (iv) the
Hardware will remain compatible with newer versions of the Cloud Software or any other
software throughout its lifetime. The Hardware may become obsolete after the one-year
basic manufacturing warranty expires, and while the Company will make reasonable efforts
to inform the User if technical support and software updates for a specific version of the
Hardware are discontinued, exact timing cannot be predicted.
4.14 Once an order for hardware is placed and payment is processed, it is final, and refunds
or returns will not be permitted.
4.15 The Customer acknowledges and agrees that all hardware purchases through MyPay
are final and non-refundable
4.16 The User is responsible for ensuring that all hardware equipment is PAT tested
regularly to comply with Danish laws and regulations. MyPay is not responsible for
conducting PAT tests or for reminding the User about the need for regular PAT testing.
4.17 The User is responsible for securing appropriate insurance to cover all hardware
equipment, as well as any other equipment, belongings, and property, against risks such as
fire, theft, accidental damage, and other damage that may arise from a failure of any
hardware provided by MyPay. The Company will not be liable for any loss of profits,
business, goodwill, use, data, or other tangible or intangible losses resulting from a failure of
the hardware provided by MyPay.
4.18 Once delivered, Hardware may not be returned without our prior written approval, and
returns are at our sole discretion. Hardware that is non-stock or has been unboxed and used
is non-returnable. Any exchanges for alternative items will incur full costs. To be considered
for a return, you must submit a written request within 30 days of delivery, providing a detailed
explanation for the return. If we approve the return, we will credit your account for the order
price minus a handling fee (which we will notify you of) and the cost of return shipping. - Warranty Claim & Return Process
5.1 The User retains the right to request a warranty return by contacting the Customer
Support Team if they believe the equipment provided by MyPay is “not fit for purpose” within
the one (1) year basic manufacturer’s warranty period.
5.2 The Company will make reasonable efforts to understand why the User believes the
product is “not fit for purpose” and will strive to address any issues through remote
troubleshooting.
5.3 If remote troubleshooting does not resolve the issues, the Company will ask the User to
send the faulty hardware to a designated address for repair via a courier service. The User is
responsible for packing the hardware securely to prevent damage during transit. The
Company reserves the right to charge the User for any damage incurred during transit as a
result of inadequate packaging.
5.4 After the hardware is repaired, the Company will return the repaired item to the User. If
the hardware cannot be repaired, the Company will provide a replacement for the faulty
hardware. Please note that any replacement hardware may be a refurbished unit.
5.5 Warranty refunds may be granted by the Company only after all efforts to resolve the
issue or fault have been exhausted and no reasonable replacement equipment is available.
5.6 Repairs to hardware beyond the one (1) year basic manufacturer’s warranty may be
performed at an additional cost to the User. The Company and the User must agree on any
such costs before any repair work begins.
5.7 The Company does not provide on-site visits to the User’s location for warranty repairs.
All technical support is delivered remotely.
5.8 The Company will not process a warranty refund for hardware in the following situations:
lack of compatibility with third-party items or systems; operational issues resulting from the
User’s unstable or inadequate internet connection; improper use or misunderstanding of the
system by the User or their staff; configuration, personalization, or use of the equipment by
the User; accidental damage caused by the User after delivery; attempts by the User to open
or tamper with the hardware; environmental factors beyond the Company’s control;
bankruptcy of the User’s business; or misuse of the item by the User leading to damage. - Hardware Delivery and Transfer of Risk
6.1 If you fail to accept delivery of the Hardware on the scheduled delivery date, we may
charge you an additional fee for handling and storage of the Hardware until it is accepted.
6.2 Delivery time estimates are approximate and not guaranteed. We are not liable for any
losses or damages, including lost profits, business, revenue, goodwill, or any indirect,
special, or consequential losses, resulting from failed or delayed Hardware delivery. You may
not reject the Hardware or terminate the Agreement due to late delivery. You must provide a
delivery address that is staffed during standard delivery hours, typically from 8 am to 6 pm.
6.3 You must inspect the Hardware within 7 business days of delivery and report any
defects, quality issues, discrepancies from the order, or failures to meet specifications. You
are required to provide us with a full opportunity to inspect any defective Hardware. Upon
delivery, you must record any visible transit damage on the carrier’s delivery sheet. Claims
will not be considered if these procedures are not followed.
6.4 If we acknowledge a claim for a Hardware fault due to a manufacturing or workmanship
defect, we may either replace the Hardware at no additional cost or issue a prorated refund
of the purchase price for the defective item. Beyond this, we will have no further liability to
you. If requested, you must return the defective Hardware or component to us.
6.5 The risk of damage to or loss of Hardware will transfer to you under the following
conditions: at the time of delivery of the Hardware; if you wrongfully refuse to accept delivery,
then at the moment we attempt to deliver the Hardware; or when the Hardware is loaded
onto your vehicles or those of your carrier or agent.
6.6 You agree to indemnify us for any additional re-shipping or unusual delivery costs we
incur, including those associated with delivering the Hardware outside of normal working
hours or in partial shipments.
6.7 Cancellation of any Hardware order by you will only be accepted with our agreement and
is subject to the condition that you agree to cover, and actually pay, all costs and expenses
incurred by us as a result of the cancellation. - International Hardware Delivery
If you order Hardware for delivery to locations beyond designated areas, you acknowledge
that import duties and taxes may apply upon arrival. We have no control over or ability to
predict these charges, and you are responsible for paying all applicable import duties and
taxes. You must comply with all relevant laws and regulations of the destination country,
including ensuring that the Hardware meets all legal requirements. We are not liable for any
violations of such laws. - Your Obligations and Responsibilities
8.1 By using the Services, you represent and warrant that you accept and agree to the terms
and conditions outlined in the Agreement.
8.1.1 You represent and warrant that you have full power and authority, and have taken all
necessary actions to authorize the execution and delivery of this Agreement, making it a
legally valid and binding obligation enforceable against you. If you lack such authority on
behalf of a legal entity, you will be personally responsible for fulfilling the obligations under
this Agreement.
8.1.2 You represent and warrant that you have the full rights to license any Intellectual
Property Rights and content you provide to us, and you retain ownership of all content and
data you provide. You also affirm that such content does not infringe on any third-party
intellectual property rights, and you authorize us to use and publish it without requiring
further permissions or payments.
8.1.3 Your entry into and fulfillment of this Agreement will not result in a breach of any other
agreements, confidentiality obligations, nondisclosure agreements, or contractual
arrangements with third parties.
8.1.4 You will comply with all applicable laws relating to the performance of your obligations
and the exercise of your rights under the agreement;
8.1.5 You will not, directly or indirectly, allow, facilitate, or assist any third party in accessing
the Services without our prior written consent;
8.1.6 All information related to you and your business that is visible to End-Users, including
descriptions of your food products and allergen information, will be accurate and in
compliance with applicable laws;
8.1.7 All pricing for food and other items available for sale through the Services, or provided
to us for onboarding, will be transparent and include all applicable Taxes where legally
required. Pricing will also comply with all relevant laws, including those related to the sale of
age-restricted products, alcohol, or alcohol-related products;
8.1.8 You will conduct your business in a manner that positively reflects on our business,
reputation, and good name. You will maintain appropriate insurance and will not engage in
any illegal, misleading, or unethical practices;
8.1.9 You will not use the Services to send any unsolicited direct marketing, including SMS,
email, or other electronic or written communications, unless such actions are in full
compliance with applicable laws;
8.2 You agree to permit us to use your business name and logo in our marketing materials
for promotional purposes. You will make commercially reasonable efforts to promote the
Services, utilize our marketing materials, and introduce the Services to both existing and
potential End-Users as applicable. This includes ensuring that the Services are consistently
available and as prominently displayed as any other ordering channels you offer. You
acknowledge that any failure to meet these marketing obligations constitutes a material
breach that cannot be remedied.
8.3 You agree to adhere to all instructions we provide concerning the Services and to
cooperate with any reasonable security checks or information requests we may make. You
also acknowledge that it is your responsibility to familiarize yourself, and ensure that any
Authorized Recipients are familiar, with all aspects of the Services and product capabilities,
including any updates.
8.4 You accept full legal responsibility and liability for your website and its contents, as well
as for the advertising and sale of food and other items through the Services provided by your
business. You acknowledge that we will not be liable, whether in contract, tort (including
negligence), statute, or otherwise, for any claims, damages, losses, costs, expenses, or
other liabilities suffered or incurred by any End-User or third party in connection with food or
other items purchased from or advertised by you through the Services.
8.5 Unless expressly agreed to in writing, you will not include any reference to the MyPay
name or any component of the Services on your website, in any advertising, or in any
commercial material without our prior written consent.
8.6 You will inform us of all complaints and claims made by End-Users and any other parties
related to the Services within 3 working days. However, you must not direct any End-Users
to us.
8.7 You agree that MyPay may accept orders from End-Users on your behalf through the
Services and collect payment for these orders. Except in the case of an Unexpected Event
as described in section 2.13, you will fulfill all orders received via the Services in a timely
manner. If you anticipate that you will be unable to complete any orders on time, you will
notify us as far in advance as reasonably possible and follow any reasonable instructions
provided by us.
8.8 You acknowledge and agree that MyPay may modify or withdraw some or all of the
Services at any time, either temporarily or permanently. If we decide to permanently
withdraw the Services, we may terminate the Agreement immediately by providing written
notice to you, without any obligation to pay compensation or penalties.
8.9 Any failure on your part to comply with the terms of the Agreement will be considered a
breach, and as a result, we may suspend or terminate your rights to use the Services without
any obligation to pay compensation or penalties - General
9.1 Entire Agreement:** The Agreement represents the complete and exclusive agreement
between you and us, overriding and replacing all previous oral and written commitments,
agreements, promises, assurances, warranties, representations, and understandings
between the parties regarding the subject matter of the Agreement.
9.2 Conflict: In the event of any discrepancy between the Client Agreement and these Terms
of Service, the Terms of Service will take precedence.
9.3 **Severance: If any provision or part of the Agreement is found to be invalid, illegal, or
unenforceable, it will be modified to the minimal extent necessary to make it valid, legal, and
enforceable. If modification is not feasible, the affected provision or part will be deemed
deleted, and we will provide a replacement that closely aligns with the original intent of the
deleted provision. Such modification or deletion will not impact the validity or enforceability of
the remaining provisions of the Agreement.
9.4 Variation: We may periodically modify the Terms of Service and the Agreement. If you
disagree with any material changes, you may terminate the Agreement, provided that you
settle all Fees and amounts due, including any Unpaid Fee Commitments.
9.5 Assignment: We may assign, transfer, novate, mortgage, charge, subcontract, or
otherwise deal with any or all of our rights or obligations under the Agreement as we see fit.
You agree to execute any documents we reasonably require to effect such actions. You may
not assign, transfer, novate, mortgage, charge, subcontract, declare a trust over, or
otherwise deal with any of your rights or obligations under the Agreement without obtaining
our prior written consent.
9.6 Notices: We may deliver all notices and communications to you via email, website
notices, in-product messaging, updates on the MyPay portal, or by mail. You agree to keep
your contact information current and to inform us of any changes in ownership or control.
Notices and communications will be considered delivered upon being sent through our
chosen delivery method, even if you do not acknowledge receipt. Additionally, we may
record telephone conversations with you for purposes such as employee training and quality
assurance.
9.7 No Waiver: No failure or delay by us in exercising any right or remedy under the
Agreement or by law shall be considered a waiver of that or any other right or remedy. Such
failure or delay will not prevent or limit our ability to exercise that or any other right or remedy
in the future. Similarly, no single or partial exercise of a right or remedy will preclude or
restrict the further exercise of that or any other right or remedy by MyPay.
9.8 Governing Law and Jurisdiction: The Agreement, including any disputes or claims arising
from or related to it (whether contractual or noncontractual), shall be governed by and
interpreted in accordance with the laws of Denmark. Each party irrevocably agrees that the
courts of Denmark shall have exclusive jurisdiction to resolve any disputes or claims related
to the Agreement or its subject matter or formation. In cases where the User is not based in
Denmark, the laws of the User’s country of residence will govern, and the courts of that
country will have exclusive jurisdiction to resolve any disputes or claims arising out of or
related to the Agreement or its subject matter or formation. - Data Protection and Security
10.1 The Company strives to implement reasonable security measures to ensure the
confidentiality of the User’s personal data and to protect against unauthorized access to their
account, account information, and data stored in the Company’s Cloud Software. However,
the Company cannot guarantee absolute security, nor can it ensure that security measures
will prevent third-party “attackers” from gaining illegal access to the Services or their content.
The User acknowledges that submitting information through the Services is done at their
own risk and accepts all risks associated with unauthorized access to their account, account
information, and any other data provided to the Company or through the Software.
10.2 To clarify, the User will generally act as the “Data Controller” for any personal data
provided to MyPay for the purpose of delivering our services. As the Data Controller, the
User determines the purposes and methods for processing personal data. MyPay, in turn,
will act as the “Data Processor,” handling personal data on behalf of the Data Controller
while providing the MyPay services. Any personal data controlled by the User will be subject
to the General Data Protection Regulation (GDPR) and the Danish Data Protection Act.
MyPay will not be liable for any violations of data protection laws committed by the User.
10.3 Data Controllers are responsible for implementing the necessary technical and
organizational measures to ensure and demonstrate that their data processing activities
comply with the General Data Protection Regulation (GDPR) and the Danish Data Protection
Act. This includes obligations related to the principles of lawfulness, transparency, fairness,
data minimization, purpose limitation, and accuracy, as well as addressing data subject
requests.
10.4 In its role as a Data Processor, MyPay can only process data that is currently stored on
the Cloud Software. Data that has been permanently modified or deleted from the Cloud
Software or the User’s personal account cannot be retrieved, and MyPay assumes no
responsibility for such data once it has been removed or altered.
10.5 MyPay has no authority over the data protection notices, policies, or terms and
conditions of the User. Consequently, the User agrees to indemnify and hold MyPay and its
affiliates harmless from any losses, costs, liabilities, and expenses, including reasonable
legal or professional fees, arising from or related to any claims concerning: (i) the collection
of Personal Data through the User’s website(s), (ii) any liability related to cookies, (iii)
breaches of the General Data Protection Regulation (GDPR) and the Danish Data Protection
Act, (iv) the User’s agreement to transfer Personal Data outside of the European Economic
Area by MyPay, (v) Any liability under this section will not be subject to limitations or
exclusions of liability as outlined in the Agreement.
10.6 The User hereby agrees that MyPay may engage subcontractors as sub-processors
without requiring additional consent. Such subcontractors are deemed approved under this
provision. The User may request and obtain a complete list of current sub-processors at any
time.
10.7 MyPay agrees to assist the User in managing subject access requests received from
end customers within a reasonable timeframe, at the User’s expense. MyPay will implement
appropriate technical and organizational measures to enable the User to fulfill its obligations
regarding requests for access to personal data held by MyPay.
10.8 The User agrees to promptly inform the Company of any unauthorized use of their
account or any other security breaches.
10.9 User is advised to review and understand the Company’s Privacy Policy and Cookie
Policy, which provide further details on how MyPay collects and processes personal
information. By using our services, the User agrees to comply with the Company’s Privacy
Policy and Cookie Policy. - Confidentiality
11.1 We must maintain the confidentiality of each other’s Confidential Information, except as
required by law or regulation. Confidential Information that becomes publicly available
through no fault of either party is not subject to this confidentiality obligation. Disclosure of
Confidential Information is permitted only to employees, consultants, or advisors who need it
for their duties and who are bound by the same confidentiality obligations. - Subscription Charges and Hardware Lease/Payment Plans
12.1 Fees: You are responsible for paying the fees and costs associated with the Services
and any hardware as detailed in the Client Agreement, Quotation, or applicable pricing page,
as well as any additional fees that may arise (collectively referred to as “Fees”). All Fees are
non-refundable unless explicitly stated otherwise in the Agreement. If you request additional
Services or products or choose to upgrade your existing ones, any changes to the fees will
apply immediately.
12.2 Upon completing the full payment and registration process, the User will be granted
complete access to their online customer account.
12.3 The User is required to pay the chosen monthly or annual subscription fee for the
Software provided by MyPay on the same date each calendar month or year, unless
cancelled or otherwise specified.
12.4 Taxes and Additional Costs: The Fees do not cover Taxes or additional expenses such
as domain name registration fees, mobile app developer account fees, SIM card fees,
hardware installation, cabling services, or any other extra services. You are responsible for
paying all applicable taxes. If we are obligated by law to collect or pay any Taxes on your
behalf (including Taxes for previously invoiced Fees or charges), we will provide you with an
invoice for the amount due, and you must make prompt payment.
12.5 Software License Renewal Fee: Based on your current license subscription level and
associated cost, your software license fee will be renewed either monthly or annually
through Direct Debit or recurring credit/debit card payments. Other payment methods are not
available unless specifically agreed upon during the onboarding process.
12.6 The User can upgrade or downgrade their subscription at any time by logging in to their
online customer account or by writing to MyPay.
12.7 If the User’s payment fails during a minimum fixed-term period and no payment is
received within seven (7) days of the initial failure, the license subscription will be
suspended, and all associated software products will be deactivated until full payment is
made. A failed payment does not constitute termination of this Agreement, and the User will
remain liable for the full monthly or annual subscription fee for all serviced locations for the
remainder of the fixed term, even if the subscription is suspended pending payment.
12.8 Chargebacks: If a Chargeback occurs, you agree to cover the cost of the Chargeback,
including any associated fees. Our payment service provider will refund any fees charged on
the specific order related to the Chargeback. You authorize our payment service provider to
deduct the Chargeback costs from your payment method and any sales processed through
them. - Termination
13.1 The Agreement commences on the Effective Date and remains in effect for 36 months,
unless specified otherwise in the Client Agreement, Onboarding documentation or Quotation
(the “Initial Term”). Following the Initial Term, the Agreement will automatically renew for
successive 12-month periods (each referred to as a “Renewal Term”). The term “Current
Term” denotes either the Initial Term or the current Renewal Term, as applicable, unless:
13.1.1 you provide us with written notice of termination at least 90 days prior to the end of
the Initial Term or any Renewal Term, in which case the Agreement will terminate at the
conclusion of the Current Term; or
13.1.2 we terminate the Agreement as permitted under Section 5.
13.2 Termination under Section 5 does not affect your obligation to pay any outstanding
Fees or charges due at the time of termination. These payment obligations will continue to
apply even after the Agreement has been terminated.
13.3 We may at any time also terminate the Agreement with immediate effect by written
notice to you without payment of any amount or penalty if:
13.3.1 you commit a material breach of any provision of the Agreement, and, if the breach is
capable of being remedied, you fail to rectify it within 10 days of receiving our notice detailing
the breach and requesting its correction;
13.3.2 Notwithstanding Section 13.3.1, we may immediately suspend your access to the
Services without notice if we reasonably believe that you: (i) have breached confidentiality or
usage restrictions; (ii) have infringed third-party rights; (iii) have acted abusively or
offensively; or (iv) have failed to pay Fees and charges. Such suspension is at our sole
discretion.
13.3.3 an Insolvency Event takes place;
13.3.4 you repeatedly violate one or more provisions of the Agreement;
13.3.5 we receive legal threats from any third party, including claims of copyright or
trademark infringement, that could potentially lead to legal disputes or liabilities
13.3.6 you have issues with non-payment or persistent delays in settling Fees, or you exhibit
behaviour or a payment history that reasonably leads us to believe you are likely to fail in
paying the Fees and any associated charges.
13.3.7 you promote any material (on your website or elsewhere) that we reasonably believe
could negatively impact our business, reputation, or good name;
13.3.8 we have reasonable grounds to believe that you are likely to breach the Agreement in
the future or that you may fail to meet your contractual obligations. (each a “Termination for
Cause”).
13.4 We may terminate the Agreement at any time without cause and without incurring any
penalty or payment obligation by providing you with at least 30 days’ prior written notice.
13.5 Without prejudice to Section 13.6, upon termination of the Agreement, all rights granted
to you under this Agreement will immediately cease, including your license to use the
Services, and you must cease all activities authorized by the Agreement.
13.6 Termination of the Agreement does not affect any rights or obligations that accrued
before termination or expiration. Any obligations intended to survive termination will remain
in full force and effect. - Representation
14.1 The User has the necessary authority and capacity to enter into this Agreement. Doing
so will not result in a breach of any existing agreements with third parties.
14.2 By agreeing to this Agreement, the User represents and warrants that they possess the
full right, power, and authority to access and use the Software. This includes having obtained
all necessary corporate or other authorizations or consents required for such access and
use. If you are an individual acting on behalf of an organization (e.g., as an employee or
consultant), you represent and warrant that you have secured all necessary authorizations or
consents to accept these Terms on behalf of the organization, ensuring that both you and the
organization are bound by these Terms. - Liability
15.1 We do not make any representations or warranties regarding the Services, including
their availability, uninterrupted operation, freedom from errors, or lack of viruses. The
Services are provided on an “as is” and “as available” basis. It is your responsibility to
determine if the Services meet your requirements. To the fullest extent permitted by law, we
disclaim all implied or statutory warranties, conditions, representations, and guarantees
related to the Services, including but not limited to implied warranties of title, data accuracy,
noninfringement, merchantability, or fitness for a particular purpose.
15.2 You agree to indemnify and hold us and our affiliates harmless from any losses,
damages, claims, costs, expenses, and other liabilities (including legal fees) that we incur,
are awarded, or agree to pay, arising out of or related to any third-party claim associated
with the Agreement and/or your use of the Services.
15.3 To the fullest extent allowed by applicable law, we will not be liable to you or any third
party, whether in contract, tort (including negligence), statute, or otherwise, for any loss or
damage related to the Agreement, the Services, or any Hardware. This includes, but is not
limited to, loss or corruption of data, damage to equipment (including computing devices),
loss of profits, revenue, business opportunities, reputation, time, or savings, as well as any
indirect, special, consequential, or punitive damages.
15.4 We recognize that the Services may be used by Authorised Recipients. However, you
must ensure that all Authorised Recipients adhere to the obligations, restrictions, and
limitations outlined in the Terms of Service. You will be responsible for the actions and
omissions of each Authorised Recipient to the same extent as if these actions and omissions
were your own.
15.5 Our total aggregate liability to you, whether arising from contract, tort (including
negligence or breach of statutory duty), misrepresentation, restitution, statute, or otherwise,
in connection with the Agreement for any loss or damage not excluded by this Section 15,
shall be limited to the lesser of (a) €1,000 (or the equivalent in your local currency), or (b) the
total amount of Fees you have paid to us in the 12 months preceding the claim. This liability
limit applies collectively to you as a customer entity, not individually to each store.
15.6 Notwithstanding any other terms in this Agreement, neither party’s liability for death or
personal injury caused by their own negligence, or the negligence of their agents or
employees, is excluded or limited by this Agreement. - Validity of Quotes and Default Provisions
16.1 The quote issued by the company remains valid for 10 days from its date of issuance.
Should there be a default in payment as outlined in the signed quote, or if there is an
outstanding balance owed to MyPay following the delivery or purchase of MyPay products
and services— including but not limited to hardware and software—the customer agrees that
any late payment charges, debt collection fees, and legal expenses incurred by the company
to recover the outstanding amount will be added to the existing balance. Any late payment
fees, additional charges, or other related costs will be communicated to the customer in a
separate email.
17.Subscription Responsibility & Default Protection
By accessing or using MyPay’s POS system or services, the customer acknowledges and
agrees to the applicable subscription terms and pricing as communicated via email, invoice
or onboarding documentation (KYC). Failure to activate or maintain an active subscription
does not exempt the customer from payment obligations related to system use, data access
or support services provided.
17.1 In the event a customer discontinues use of the system, migrates to another provider or
otherwise defaults on agreed service terms MyPay reserves the right to:
Suspend or terminate access to the system and related data
Recover any outstanding dues, Including subscription fees for any period of system access
Charge a reasonable service discontinuation or account closure fee, where applicable
17.2 Customers who continue to use the system without a signed pricing agreement are still
deemed to have accepted the latest communicated pricing and terms as a condition of use.
17.3 Subscription- Minimum Term & Early Termination- All customer accounts are subject to
a minimum service commitment of thirty-six months (36 months) from the start of system
use, onboarding or activation- whichever occurs first.
17.3.1 If a customer defaults before the end of the 36-month periodincluding failure to
activate direct debit payments or early termination of service- they remain contractually
obligated to pay for the full term.
17.3.2 MyPay reserves the right to apply a penalty or early termination fee, the amount of
which will be determined on a case-by-case basis, considering activity, support rendered,
and other relevant factors.
MyPay ApS
CVR Number 44906546
Ehlersvej 7
2900 Hellerup