Cashyew Data

General Terms & Conditions for Use of Cashyew Data and Services

These general terms and conditions are part of the contract to which they are attached (the “Agreement”) and apply to your sale or purchase of data/leads and other services provided by Cashyew Holding DBA Cashyew Data are referred to collectively as the “CashyewData”

1. Ownership.

(a) The term “Cashyew Data Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, site designs, user interfaces utilized or provided by Cashyew Data, work product produced by Cashyew Data, and derivate works of any of the foregoing, including, without limitation, the website or websites made available to you by Cashyew Data, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Cashyew Data may develop, use or rely upon in providing the Data to you. (b) All Cashyew Data Property shall be and will remain the property of Cashyew Data. (c) As between you and Cashyew Data, Cashyew Data shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights in and to the Cashyew Data Property and the Data.

2. Limited License.

Upon your execution of the Agreement and the payment of all amounts due Cashyew Data, you are granted a personal, nontransferable and nonexclusive license to use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the terms of the Agreement.

3. Limitations on Use.

(a) Unless specifically authorized in advance and in writing by Cashyew Data, you will not share, sell, transfer or otherwise make the Data available to any third person or entity that is a data reseller and you will use your best efforts to prevent the misuse or unauthorized use of the Data by employees, representatives, or any third person or entity. a) You will not name or refer to Cashyew Data or your use of the Data in any of your advertisements or promotional or marketing materials. (b) You will not use the Data for consumer credit purposes, underwriting consumer insurance, employment purposes, tenant screening purposes, for any other purpose covered by the federal Fair Credit Reporting Act or for any other purpose not expressly authorized by the Agreement.

3.1 The data/leads provided by the dataprovider belong to the data provider. The data provider may remove those data/leads at his discretion. Cashyew Data maintains the right to analyze, validate and append any data/leads uploaded to the site. Upon termination of this agreement, the data provider must delete his data/leads from his portal. If the data provider fails to delate his data/leads, Cashyew reserves the right to use the data/leads in any manner it sees fit.

4. Your Responsibilities; Use of Email Data; Review and Audit by Cashyew Data.

(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email and facsimile marketing, customer solicitation, do-not-call lists, the use of automatic dialing equipment, and all applicable guidelines of the Direct Marketing Association (“DMA”) and you shall be responsible for compliance in connection with your use of the Data. If you are not a member of the DMA, you will use your best efforts to comply with the DMA’s guidelines. (b) Your use of any email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, the Telephone Consumer Protection Act, and any State Registry laws. (c) You acknowledge that certain Data may include names and phone numbers that appear on one or more do-not-contact lists maintained by a federal, state, provincial, or other governmental entity or whose use may otherwise be regulated. You are responsible for subscribing to all applicable do-not-contact lists and you further agree to comply with all such relevant Laws, including those relating to any such do-not-contact lists. (d) Cashyew Data reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Cashyew Data to review such use will not constitute acceptance of such use or waive any of Cashyew Data’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least 3 days’ notice, Cashyew Data may audit your records to determine whether you are in compliance with this Agreement and you will make available to CashyewData or its representatives all records necessary for the conduct of such an audit. (e) Cashyew Data maintains only a suppression list of data purchased from our site and no other site. Any data that you may have purchased from third parties has no influence on your Cashyew Data suppression list and no refunds or credits will be given in the event you have purchased duplicates or similar data from another third party. (f) Cashyew Data reserves the right to sell its data only to financial companies, MCA ISOs and the like, brokers, and end users of the data. Data resellers are prohibited from purchasing data. Cashyew data may terminate any client’s account if Cashyew Data suspects that the client is a reseller or is purchasing data to resell.

5. Disclaimer of Warranties; Limited Warranty.

THE DATA IS PROVIDED ON A STRICTLY “AS IS” BASIS. CASHYEW DATA DOES NOT ASSURE OR WARRANT THE CORRECTNESS, COMPREHENSIVENESS OR COMPLETENESS OF THE DATA AND, EXCEPT AS PROVIDED IN THE NEXT SENTENCE, CASHYEW DATA DISCLAIMS ANY AND ALL WARRANTIES OF ANY NATURE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. Limitation of Liability.

Any mistake or error with the data, Cashyew Data will rectify the data at no additional charge to you if the request is made within 14 days of purchase of data. Except as provided in the last sentence of Section 5, Cashyew Data will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use of the Data or any alleged or actual failure by Cashyew Data to comply with the terms of the Agreement, whether or not any such damages were foreseeable or whether Cashyew Data was advised of the possibility of such damages. Cashyew Data’s maximum liability under the last sentence of Section 5 will not exceed the amount you paid Cashyew Data under the Agreement within the 12 months preceding the event which gave rise to Cashyew Data’s liability.

7. Your Indemnification of Cashyew Data.

You shall indemnify, defend and hold harmless Cashyew Data, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.

8. Interruption of Service.

You acknowledge that, given the technical nature of resources Cashyew Data requires to provide the Data to you, temporary interruptions may occur in the provision of Data and that any such interruptions shall not result in Cashyew Data having any liability to you or others and shall not suspend or eliminate your payment obligations to Cashyew Data or provide you with any refund rights for amounts previously paid to Cashyew Data.

9. No Assignment by You.

You may not assign your rights or obligations under the Agreement to any other person or entity without the prior written consent of Cashyew Data, whether by operation of law or otherwise, and any attempt to do so shall be void.

10. Additional Remedy of Termination.

In addition to all other legal rights and remedies available to Cashyew Data for any apparent, threatened or actual breach or violation of the Agreement by you, Cashyew Data has the right to terminate the Agreement and demand immediate return or destruction of the Data at any time if Cashyew Data believes you are not complying in full with the Agreement.

11. Governing Law; Jurisdiction.

The Agreement shall be governed by and construed under the laws of Colorado, without regard for the principles of conflicts of law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in Denver County, Colorado and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.

12. Payment for Non-Invoiced Products.

(a) Payment: You agree to pay Cashyew Data a fee in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Fees charged are nonrefundable. In the case of subscription products, the subscription term shall be effective for the agreed upon period, after which the subscription term shall automatically renew for the specified renewal period (if any) at the then current subscription price. (b) Recurring Billing: If applicable, your acceptance of these terms constitutes your authorization to Cashyew Data to automatically charge the credit/debit card provided by you, and in the case of subscription products, to continue charging the credit/debit card at the agreed-upon intervals during the term of the subscription. You agree to provide Cashyew Data with complete and accurate billing and contact information and to update that information with thirty (30) days of any change to the billing information. Failure of the recurring payment process does not absolve your payment obligations. (c) Termination for Subscription: The initial term of this Agreement shall be (1) month from the date on the order submission (“Initial Term”). Unless otherwise noted on an Order Form, after the Initial Term, provided neither party has terminated, this Agreement shall automatically renew for additional one (1) month terms (each an “Additional Term”). Either party may terminate this Agreement during the Initial Term, or any Additional Term, by providing 30 days written termination notice to the other Party. In the event of termination by either party, Client will be responsible to pay for the fees due hereunder for the final 30 days of the Term. The Initial Term, together with the Additional Terms, shall be considered the “Term.” (d) Interest Charges: There will be interest charges on any amounts which you fail to pay when due at the rate of 1.5% a month, or such lower rate as may be equal to the maximum rate allowed by applicable law, on the unpaid amount. (e) Credit Card Payment: By submitting this credit card authorization, you are authorizing Cashyew to immediately charge your credit card in the amount written above and are hereby agreeing to be bound by the policies set forth in our Terms of Use and, in particular, our refund and chargeback policy restated below: I understand the product purchased will be delivered electronically and made available on my vendor account. It is my responsibility to verify delivery, and I must contact Cashyew within 24 hours if I have not received my delivery. Chargeback Policy: If you use your credit card to fund your account, YOU AGREE NOT TO CHARGE BACK YOUR CARD until consulting with Cashyew Data to resolve the situation that brought about the possible chargeback. Cashyew does not guarantee you will close any deals using our data. In the event you breach this term and you charge back your credit card for all or partial amounts within your account, you will be charged an administrative service fee of one hundred ($100) dollars, which you agree to pay in addition to the amount of the Data purchase fees due for any Data you have received to the date of the chargeback.

13. Entire Agreement; Amendment or Waiver.

The Agreement contains the entire understanding between you and Cashyew Data and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Cashyew Data. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.

14. Rating System

After every data/lead purchase, buyers have the opportunity to rate the data provider. This rating system is in place to uphold and ensure top-notch data/lead quality. Providers delivering good quality data can expect higher ratings. Providers delivering subpar data can expect lower ratings. Cashyew Data retains the discretion to dismiss extreme ratings, as they might be influenced by data providers or competitors attempting to manipulate the rating system.

15. Validating and Cleaning Services

At Cashyew Data, we offer phone and email validation and cleaning services. Before listing, data providers can opt to purchase these services. We strongly advise providers to validate their records, ensuring increased buyer satisfaction and boosted sales. All phone records on Cashyew Data undergo a scrub against the TCPA Litigator List, at a cost of 0.001 cent per phone scrub. These fees will be automatically deducted from the provider's semi-monthly payout.

16. Execution; Counterparts.

The Agreement may be executed in its original, by facsimile or in electronically transmitted portable document format and it may be executed in any number of counterparts, each of which shall be deemed an original of the same document.

17. Data provider

To protect Cashyew Data from risk of liability for your actions as a seller, Cashyew Data Payments Entities may restrict access to your funds.

GENERAL PAYMENT TERMS

This Part I of the Payments Terms of Use applies to all Payment Services you receive from the Cashyew Data Payment Entities (also collectively referred to as “we” or “us” in this Part).

New data providers are paid on the first day of each month for the previous month's sales. After a successful three-month period, providers in good standing may shift to a bi-monthly payment schedule. Payments are then made on the 1st (for sales from the 1st-15th of the previous month) and the 15th (for sales from the 16th-31st of the previous month).

Unless stated otherwise, providers receive 50% of the gross revenue. This amount is adjusted for any costs associated with validation, scrubbing, chargebacks, and returns from the data sales.

If the payment date is a weekend, the payment will be made on the following Monday.

Data providers are compensated only for the data/leads that are successfully sold on the site. Merely uploading lists does not guarantee any remuneration. Cashyew does not provide payment for uploaded lists; compensation is solely based on actual sales of records on the platform.

1. About Payments on the Cashyew Data Services

You agree to have the Cashyew Data Payment Entities receive or execute payments on your behalf in relation to your use of the Cashyew DataServices, and manage settlement of related payments to you (referred to as “Managed Payments,” “Payment Services,” or similar names). Buyers may pay for your items using payment methods such as the following, the availability of which may vary:

Certain credit or debit cards (VISA, MasterCard, American Express, and Discover), PayPal, Google Pay, Apple Pay, Direct debit, Cashyew Data coupons and credits

We may modify the scope of payment methods available at our sole discretion.

The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services) from you is directly concluded between you and the buyer.

After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. We will initiate settlement of proceeds received to your Linked Financial Account. You can access the status of your Managed Payments transactions, including settlements and other payment information, in your seller’s dashboard. If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to receive at the time of disbursement, we have the right to recoup such amounts from you.

Seller Onboarding

In order to use our services, you must register and accept these Payments Terms of Use. If you reside in the EEA, the United Kingdom, or Switzerland, your submission of your Managed Payments online registration application constitutes your offer to conclude this agreement. If your onboarding is not immediately confirmed, you will receive notification that you have been approved to receive services once we have reviewed your information.

To use Managed Payments, you must:

Link a financial account, so you may receive settlements of proceeds from Managed Payments to this account (“Linked Financial Account”). If you reside in the United States, Canada, the United Kingdom or Australia, your Linked Financial Account must be a bank account based in your country of residence. If you reside in a country within the EEA (except Iceland), you may provide a bank account located in any EEA member state (except Iceland), as your Linked Financial Account. If you reside in Switzerland or Liechtenstein, you must provide a bank account located in Switzerland or Liechtenstein as your Linked Financial Account. If you reside in an Additional Country, we may require you to create a Linked Financial Account with a specific non-bank third-party financial institution to receive payouts. Depending on the Additional Country that you reside in, we may also offer you the option to use a bank account located in the Additional Country as a Linked Financial Account. If we cannot make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section 9), we require you to keep another payment method on file with us and we may withhold payouts to your Linked Financial Account until you have successfully provided us with such other payment method.
At this time, you may only use our Payment Services to receive disbursements to a Linked Financial Account. You may change your Linked Financial Account at any time as permitted by us. Payouts will be made to your Linked Financial Account subject to (i) your completion of the Linked Financial Account verification process, and (ii) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment typically takes up to two (2) days after your completion of the verification process, or longer if any issues or irregularities arise in which case we will complete our assessment without undue delay. If you reside in an Additional Country and we offer you the option to receive payouts to more than one Linked Financial Account, we will allocate your payouts among your Linked Financial Accounts in conformity with your instructions. By adding a Linked Financial Account to your Cashyew Data account, you represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your account. In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you elect to receive payouts to a Linked Financial Account owned or controlled by a legal representative, you represent and warrant that the legal representative has the authority to receive payouts on your behalf, and you fully release us from any and all liability for losses you may sustain arising from disbursements made by us to the legal representative under these Payments Terms of Use.
Provide us with all information which we may require for purposes that include: verifying your identity, complying with applicable laws and regulations such as anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver’s license). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as a United States Social Security Number). You understand that we will be unable to settle your proceeds or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
Provide us with all information necessary to authenticate you or your payment transactions, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
Timely maintain the accuracy of the information we have on file, and consent to our periodical updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us information about payment or settlement methods that you are authorized to use. You understand that if you update information such as your country of residency, you may need to repeat some or all of the onboarding steps described above to continue using Payment Services.
Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the Cashyew Data Services. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.

You authorize us and our Affiliates to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third-party sources. Such third-party sources may include without limitation, banks, credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or limit your account or rescind your access to any or all of our services in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you as a result of incomplete or inaccurate information you provide.

Using Managed Payments

Returns and Cancellations; Refunds

If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction, based on an agreement between you and the buyer or according to Cashyew Data’s policies regarding such transaction, you authorize us to pay to the buyer the corresponding refund amount on your behalf.

Disputes

A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or PayPal buyer protection claim, or otherwise asks their financial institution to open a payment dispute (all referred to solely within this Part I as “Dispute”) in connection with a Managed Payments transaction. The final outcome of the Dispute will be decided by the buyer’s financial institution.

We will manage Disputes Cashyew Data will submit to the financial institution any relevant evidence you provide about the Dispute. You agree to provide timely information to assist in the Dispute resolution process and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks' and other payment service providers' rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept the Dispute or if the buyer’s financial institution decides in favor of the buyer, the respective amount will be refunded to the buyer's original payment method and charged to us. You must reimburse us for such charges.

Some payment institutions offer an optional arbitration process to contest the results of an individual Dispute. We may ask for your consent to participate in such arbitration process. If you consent to chargeback arbitration, you authorize us to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), as agreed between you and us in each case, and you authorize us to pay these amounts on your behalf while the arbitration is pending.

You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. If you are a consumer in the EU, UK or Australia, your rights to file a complaint or to take legal action in court remain unaffected.

Fines, Penalties and Losses

We are unable to manage payments for prohibited and restricted data/leads. Before listing your item, you must ensure it complies with Cashyew Data’s rules, applicable laws, and any additional restrictions imposed by credit card associations, network rules, or third-party payments service providers that we may use.

You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against us by a third party arising out of (a) your breach of these Payments Terms of Use or the User Agreement including without limitation any violation of Cashyew Data’s policies; (b) your violation of any law or the rights of a third party; or (c) any transaction processed by us for you for an item or service you listed on Cashyew Data (including without limitation the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you).

Holds

We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.

You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored value account issued to a payment account, a hold may also be placed on such funds. If a hold is placed on your funds, the amount and status of the hold will be displayed under the Payments tab in the Seller’s dashboard inCashyew Data. We will notify you through the Cashyew Data Message Center and/or by email and, depending on the reason, may request additional information from you to help resolve the issue. A hold may be placed if we have reason to believe there is an increased risk associated with transaction , for example if we cannot verify your identity or if your buyer files a dispute. We take into consideration relevant factors when assessing the risks including selling history, seller performance, returns and cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to make direct debits from your Linked Financial Account. We also may cancel or freeze the settlement of your proceeds as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance. Any hold placed on your funds will be lifted when the issue is resolved.

We may retain an amount that we reasonably believe may be necessary to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities, when your Cashyew Data account is closed. Unless otherwise required by law, we will settle any unused retained amounts to your Linked Financial Account within 180 days of your Cashyew Data account closure.

Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your Linked Financial Account, and we do not have control over these delays.

Reserves

In order to manage risk or secure your obligations under these Payments Terms of Use, we have the right to require a reserve of transaction proceeds. This means that the respective portion of your funds is reserved as unavailable for disbursement. Reserves may be in the form of rolling and/or minimum reserves.

A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common type of reserve.

A minimum reserve is a requirement to hold a specific amount of money in your reserve. A minimum reserve may be funded by contributing a set percentage of your daily transaction proceeds to the reserve up to the minimum requirement, or by setting-off the entire amount of the minimum requirement from your pending payouts. For example, if we require a minimum reserve of $5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve each day until the amount reaches $5,000. Alternately, if your pending payouts equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement from your pending payouts at one-time in full.

We may require a reserve if we have reason to believe there is an increased risk of non-fulfillment of your obligations under these Payments Terms of Use. We take into consideration relevant risk factors before requiring a reserve, including, as applicable (i) your Cashyew Data account history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii) whether your Cashyew Data account has an elevated number of customer claims or disputes, (iv) your business and/or personal credit history (business sellers may be subject to credit agency checks), (v) whether you are selling products in advance of availability (pre-selling orders), and (vi) whether you have extended delivery time frames. Depending on your performance and the risk associated with your use of Managed Payments, a reserve may be raised, lowered, or removed at any time. The amount of each reserve (and any subsequent change) will be reasonably determined based on the seller-specific risk (including the volume of your sales). The amount and status of each reserve will be displayed under the Payments tab in the Seller’s dashboard in Cashyew Data and we will notify you of any reserves we require of you.

Our Liability

If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control.

Security; Third-Party Providers; Data Protection

Security

You acknowledge the importance of the security measures we put in place with regards to Managed Payments, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your Cashyew Data account and the related Payment Services for any transactions made or actions taken using your Cashyew Data account.

If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately by using a contact method stated in the “Introduction” of these Payments Terms of Use, above. If you notify us by telephone of such a transaction, we may request written confirmation immediately following the notification. The notification shall be free of charge.

Data Protection

Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under the applicable data protection laws (which may without limitation include, the General Data Protection Regulation, the California Consumer Privacy Act, or other data protection laws to which you are subject). You agree to: comply with your obligations as a data controller/business pursuant to the applicable data protection laws, and provide us with all such reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.

Fees

Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “Fines, Penalties and Losses.

Taxes

Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above).

For clarity, your authorization permits us to collect amounts which you already owe to us, our Affiliates or third parties as described above. This authorization does not establish any new claims for payment against you. In some cases, our Affiliates may assign a claim against you for payment of Owed Amounts payable by you to us.

Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means:

Retaining such amounts from your current or future disbursements relating to any transactions that you may have;

Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization);

Recouping from any other payment instrument or payment method you may have authorized or placed on file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute resolution);

Recouping from your stored value account, if a stored value account has been issued to you;

Recouping from your payment account, if a payment account has been issued to you (see Part III); and

Retaining collections agencies or using other collections methods, if the collection by other means has been unsuccessful.

You authorize us to choose the method of collection among those listed above. We generally deduct Owed Amounts from your current or future disbursements we process on your behalf. If a stored value account or payment account has been issued to you, we will deduct the Owed Amounts from funds held in the relevant stored value account or payment account before disbursing the funds to you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we will charge your Linked Financial Account or another payment method on file. If you have several payment instruments on file, you may indicate a specific payment instrument as your preferred payment method for collecting Owed Amounts in your Cashyew Data account.

If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails as a result of your acts or omissions, we may charge you for the failed attempt.

18. Term, Termination

These Payments Terms of Use are effective indefinitely, unless terminated in accordance with the below.

We may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior. However, we may also terminate these Payments Terms of Use on less notice or with immediate effect in the following scenarios:

We are required to do so by law or a court order, A governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations, We have reasonable grounds to believe you are carrying out a prohibited or illegal activity (including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering, or sanctions violations), We are unable to verify your or your business’s identity, or any other information pertaining to you, or You are otherwise in breach of a material contractual obligation of these Payments Terms of Use, or seriously or persistently violating any provisions of these terms in any other way. If you give notice of termination to one Cashyew Data Payment Entity, such notice shall also be deemed as a termination notice to the remaining Cashyew Data Payment Entities.

Termination of this Agreement shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination, including your obligation to pay amounts owed to us relating to your activities prior to termination and our right to collect from you such amounts in accordance with these Payments Terms of Use. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to terms of these Payments Terms of Use unless prohibited by law. As of the effective date of the termination, you will not be able to sell any items on Cashyew Data Services anymore.

19. Assignment

In our sole discretion, we may assign our rights and obligations under these Payments Terms of Use and, in such event, we will notify you accordingly.

Additional Terms

Returns and cancellations for sellers

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Cashyew Data will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within the Seller’s dashboard.

When a data/lead list is returned or if a transaction is canceled after payment has been completed, Cashyew Data may issue a refund to the buyer on the seller's behalf and charge the seller for the amount of the refund.

Additionally, Cashyew Data may charge sellers for the cost of the transaction and/or other reasonable fees from sellers when:

Payment Services

Payments for goods and services sold using our Services are facilitated by designated Cashyew Data entities (each, an "Cashyew Data Payment Entity") pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payments Terms of Use, including the requirements to provide to Cashyew Data Payment Entities information about you, your business, and the financial account you will use to receive payments.

If you are a buyer:

You may pay for data/leads and services using the payment methods that the Cashyew Data Payment Entities make available, and the Cashyew Data Payment Entities will manage settlement of the payment to sellers. When buying on our Services, you authorize the Cashyew Data Payment Entity to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller.  Accordingly, payments received by the Cashyew Data Payment Entity from you will satisfy your obligations to pay the seller in the amount of payments received. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, Anti-Money Laundering ("AML") compliance, compliance with economic or trade sanctions, in connection with Cashyew Data's internal risk controls or due to potential violations of any policy of Cashyew Data or the Cashyew Data Payment Entity, or a policy of one of the Payment Entity's third-party payment services providers. Cashyew Data, the Cashyew Data Payment Entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase, redeem a coupon, or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the buyer’s dashboard in your Cashyew Data account. You are responsible for maintaining the accuracy of information we have on file, and you consent to Cashyew Data updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use. By placing a payment method on file with us, you authorize Cashyew Data Payment Entities to charge your payment method(s) for any and all amounts arising from your use of our Services, including charges to recover the proceeds of any fraud perpetrated by you, or charges necessary to recoup amounts refunded to you in error. You may seek returns or cancellations on our Services. If you are entitled to a refund, the Cashyew Data Payment Entities will issue the refund if the Cashyew Data Payment Entities processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks. You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by the Cashyew Data Payment Entities. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third-party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the Cashyew Data Payment Entity has no control over, or responsibility or liability for, such fees or actions.

20. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Cashyew Data's applications may not occur in real time. Such functionality is subject to delays beyond Cashyew Data's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Cashyew Data (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Cashyew Data was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

the content you provide (directly or indirectly) using our Services; your use of or your inability to use our Services; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any Cashyew DataService; the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the Using Cashyew Data section above; the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you is limited to the greater of (a) any amounts due under the Cashyew Data Money Back Guarantee up to the price the item sold for on Cashyew Data (including any applicable sales tax) (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

21. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.