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Hyperwallet Service Terms and Conditions

Hyperwallet Service Terms and Conditions

Last updated on October 29, 2025

These Hyperwallet Service Terms and Conditions, including the terms, policies, guidelines, and instructions referred to herein (“Terms”), comprise an agreement between PayPal Inc. (“PayPal”, “we”, “our”, or “us”) and you, the company, or other business entity (“Merchant”, “you”, or “your”), and govern your access to and use of Hyperwallet Services. “Hyperwallet Services” means the payment processing services and related functionality and technology using PayPal’s global payout platform and network of financial partners to deliver a range of payout solutions to Merchants who desire to make payments to their designated Payees (a “Payee”). Hyperwallet Services include Platform Services and Payout Services (each as defined below).

By signing up for and using the Hyperwallet Services, you accept and agree to comply with these Terms. If you do not agree to these Terms, you are not permitted to access or use the Hyperwallet Services. These Terms, along with the PayPal User Agreement and any other applicable agreement you have entered into with PayPal for the use of the Hyperwallet Services (collectively “PayPal Agreements”), apply to your use of the Hyperwallet Services, and as such, the PayPal Agreements shall be deemed an integral part of these Terms. The PayPal services, as described in the PayPal User Agreement, include the Hyperwallet Services, except that any pricing generally applicable to those services shall not apply to the Hyperwallet Services unless expressly agreed to by PayPal. In the event of any inconsistency between the terms of the PayPal User Agreement, or other agreement you have entered into with PayPal, and these Terms, these Terms shall prevail on the subject matter of these Terms. We may amend or otherwise revise these Terms in accordance with the terms of the PayPal User Agreement.

Defined terms used in these Terms will have the same meaning as those used in the PayPal User Agreement, unless otherwise defined herein. For the purposes of these Terms, “PayPal business account” shall have the same meaning as set forth in the PayPal User Agreement. Any terms and conditions in the PayPal User Agreement that pertain to a PayPal business account shall also be deemed to extend to your Hyperwallet Account (as defined below), unless otherwise set forth herein.

1. Registration

In addition to opening and maintaining a PayPal business account, you must accept these Terms and open a specific Hyperwallet account (“Hyperwallet Account”) in order to access the Hyperwallet Services. The Hyperwallet Services are not available for personal, family, or household purposes.

2. Our role

Platform Services

We will provide (a) a technology portal which may be accessed through a website, API, embedded in or integrated with your platform or system, or other method, and may be branded with your brand or cobranded with the Hyperwallet or PayPal brand, if applicable, used to perform payment processing to Payees, (b) the development and configuration of a single or multi-level program hierarchy accessible through the such platform and any iOS/Android mobile apps, as applicable, (c) multiple virtual ledgers, such as a ledger which records the funds sent by you from your bank account to PayPal’s loading account (“Loading Account”), and (d) a ledger which records the funds that you allocate for distribution to one or more Payee (“Subaccount”). We refer to these services as Platform Services.

Funding of your Payouts

You may provide funding for your Payouts by directly transmitting funds to the Loading Account or causing such funding, including with proceeds from transactions consummated through one or more marketplace platforms used by you. An entity other than the Merchant may fund the Hyperwallet Services, provided (i) such entity is your affiliate or is your card acquiring processor, (ii) you agree to be responsible for the performance and obligations of such entity under these Terms, and (iii) such entity is approved by PayPal to fund under these Terms (“Funding Entity”). Subject to these Terms, we will remit these funds to Payee(s) in accordance with your instructions (such payments, “Payouts”).

Payouts services; SEPA payouts

Payouts are available in multiple currencies and via a variety of methods, including but not limited to a transfer to a Payee’s bank account, load to a closed loop electronic gift card, load to a Payee’s existing debit card, issuance of e-money account (where available), cheque, cash pickup at collection locations provided by third-party money transfer providers, and other payment methods (“Payout Methods”), all as supported and made available by PayPal from time to time. Payout capabilities may vary depending on your location and where you instruct the payout to be sent. PayPal and its affiliates may remit Payouts through a network of banks and financial service providers (“Network Partners”). You acknowledge and agree that PayPal (Europe) S.a.r.l. et Cie, SCA will act as your payment service provider for Payouts to bank accounts held by Payees domiciled in the Single Euro Payments Area (SEPA), provided these Payouts are made as credit transfers under the SEPA Credit Transfer scheme (SCT) and instant transfers under the SEPA Instant Credit Transfers scheme (SEPA Inst).

3. Your obligations

You are solely responsible for your products and services, including your relationship with and management of your Payees and their activities. PayPal is not responsible for your products, services or actions of Payees related thereto.

Acceptable use; unauthorized use

You shall ensure that you and your Payees do not use the Hyperwallet Services for compensating employee wages, for any unlawful, fraudulent or improper activity or in violation of the Acceptable Use Policy.

Security

You shall use commercially reasonable best efforts to secure and defend your systems and your existing identity assertion provider, as applicable, against unauthorized access to, or use of, passwords, unique Payee usernames, the private key(s) used for cryptography, and other authentication data (the “Authentication Data”). PayPal is not responsible for damages or losses incurred by you or your Payees arising from unauthorized access or fraudulent use of Hyperwallet Services.

You shall adopt and abide by an access control policy, which shall set forth your rules and procedures governing creation, storage, modification and disposal of all Authentication Data. Should you fail to adopt access control procedures that are reasonably designed to meet with industry standards, Hyperwallet may, in its sole discretion, suspend certain integrations such as a web-based single-sign on functionality until such time that parties may mutually agree on suitable policies and procedures.

You shall limit access to the Hyperwallet Services to only your employees or other representatives authorized by you and approved by PayPal. You shall be solely responsible for administering and monitoring the use of your personalized security and authentication protocols for accessing the Hyperwallet Services by its administrators. PayPal shall not be responsible for any damages resulting from your failure to protect the confidentiality of such security and authentication protocols.

Notice to Payees

You are responsible for ensuring that each Payee (i) has opted in to receive payment from you through Hyperwallet Services and has agreed to be contacted by PayPal via email or text; and (ii) is informed of any fees, or increase in fees, that may apply to funds in Subaccounts, Payouts received by a Payee, and transactions initiated by a Payee, if applicable.

Payee terms and conditions

Payees are subject to the Hyperwallet Terms and Conditions. In the event a Payee is not required to sign up through the Hyperwallet website, you shall present the Hyperwallet Terms and Conditions, which includes the applicable privacy terms, to your Payees.

Integration

You agree to integrate the Hyperwallet Services as instructed by PayPal from time to time, including integration requirements and best practices documentation made available to you. In addition, you agree to update your integrations of the Hyperwallet Services within sixty (60) days after being notified of any release of an updated version of such integration, or at a later date mutually agreed by us.

4. Transfer and remittance of funds

You authorize us to receive and remit funds in accordance with your instructions to your Payees. You shall transfer, or arrange to have transferred by you or a Funding Entity, funds from a bank account (“Funding Account”) that is pre-approved by us and in accordance with our funding instructions, to us with sufficient time for processing in accordance with procedures agreed to by us, and no less than one (1) business day prior to any Payout being made in respect of such funds. We shall remit and process funds in accordance with the instructions of you or otherwise in accordance with these Terms. All funds received from you shall be held in pooled accounts and segregated from PayPal’s operating accounts until such funds are transferred as payments, returned to you, or otherwise sent to a government authority as required by applicable law. Notwithstanding anything in these Terms to the contrary, all funds received by us are taken to be held in trust until funds are transferred to a Payout Method and you are not entitled to withdraw such funds at any time, except as permitted by us.

No interest

You acknowledge and agree that you will not receive interest or other earnings on the funds held by us.

Payment instructions; errors

You acknowledge that we are reliant on you and your Payee, as the case may be, for direction on how (and if) a payment is processed. We shall not be liable if a Payee makes a claim or complaint regarding any action by us in reliance on your (or your Payee’s) instructions.

You shall immediately notify us of any errors, omissions, or inaccuracies in payment instructions or Merchant Data (as defined in the Hyperwallet Data Protection Addendum) of which you or your Payee(s) becomes aware, but in no event later than sixty (60) days from when we initiate the Payout. You agree to promptly correct any such errors or omissions, and pay all associated costs, if any. You hereby assume all liability for any losses or costs incurred by either your or your Payee(s) as a result of errors or omissions in the Merchant Data or payment instructions data provided by you or your Payee, as the case may be.

Unclaimed Property

To the extent remaining amounts deposited with us for payment to Payees satisfy the presumption of abandonment in an applicable jurisdiction (“Unclaimed Property”), we shall report and remit the Unclaimed Property to the appropriate state or federal government agency appointed to take custody of such property for the benefit of the intended recipient of the funds. Our obligations are solely related to the tracking, reporting, and remitting of the Unclaimed Property arising from funds deposited with us by you for Payees. PayPal undertakes no obligation to track, report, or remit any other types of property. We shall report and remit Unclaimed Property associated with your programs under PayPal’s Federal Employer ID Number, in our capacity as constructive holder of the property unclaimed by your Payees. We will determine abandonment periods associated with your unclaimed payments in accordance with the dormancy periods applicable to the property types set forth in applicable law. We will designate the property type applicable to the unclaimed payments prior to establishing a payment program. If you do not elect a property type, we may reasonably classify your unclaimed payments within a property type in its sole discretion. To the extent applicable laws require due diligence procedures to attempt to unite the Unclaimed Property with the property owner, we will conduct necessary due diligence to notify the intended recipient that they have property owed to them. To the extent funds held in your Subaccounts are determined to be Unclaimed Property, we will reverse the balances reflected in the Subaccounts constituting Unclaimed Property and remit the aggregate total of the Unclaimed Property directly to the government authority authorized to safeguard it. Following remittance of the Unclaimed Property to the appropriate government authority, we will close the Subaccounts identified as abandoned.

5. Fees

For your use of the Hyperwallet Services, you agree to pay the fees, assessed and calculated by us, as set forth on the Fees page. These fees shall be collected through invoice or directly from a Subaccount, as determined by us. Where applicable, invoicing shall be on a monthly basis. We may adjust the method of fee collection at any time by providing at least thirty (30) days’ prior written notice to you. We reserve the right to amend our fees at any time in accordance with the PayPal User Agreement.

If we convert currency, it will be completed at the transaction exchange rate we set for the relevant currency exchange. The transaction exchange rate is adjusted regularly and includes a currency conversion spread applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is based on rates within the wholesale currency markets on the conversion day or the prior business day; or, if required by law or regulation, set at the relevant government reference rate.

We may debit your Loading Account or Subaccount(s), as applicable, and/or offset any funds otherwise payable to you with respect to the Hyperwallet Services by amounts owed by you to us pursuant to these Terms. In the event you elect to use additional Braintree Services other than those set forth herein, additional fees may apply; and you agree to pay for such services as required by us.

The following definitions apply to our fees:

“Cash Pickup” means a transfer of funds from a Merchant Account to a physical cash pickup agent location (such as MoneyGram and Western Union), where available.

“Domestic Bank Transfer” means a transfer of funds from a Subaccount to a Payee’s U.S. checking and/or savings account using the ACH network (as defined in Section 5 of these Terms).

“Domestic Instant Bank Transfer” means a transfer of funds from a Subaccount to a Payee’s U.S. checking and/or savings account through Instant Payment (as defined in Section 7 of these Terms).

"Foreign Exchange Spread" means the basis points above the interbank rate for foreign currency exchange.

"International Bank Transfer" means a transfer of funds from a Subaccount to a Payee’s checking and/or savings account held in a different country.

“PayPal Transfer” means a transfer of funds from a Subaccount to a Payee’s PayPal account using the same email address as the email address registered with PayPal for such Payee.

"PYUSD Transfer" A transfer of funds from a Subaccount to a Payee’s PYUSD account.

“Spendback Transfer” means a transfer of funds from a Subaccount to a Loading Account for the purchase of Merchant products or services.

“Subaccount Unload Transfer” means a transfer of funds from a Subaccount to a Loading Account for the purchase of Merchant products or services.

“Third-party Digital Wallet Transfer” means a transfer of funds from a Subaccount to a Payee’s third-party digital wallet (see available digital wallets here: https://docs.hyperwallet.com/content/transfer-methods/v1/mobile-wallets).

“Transfer To Debit Card” means a transfer by a Payee from a Subaccount to certain Visa or MasterCard debit/prepaid cards. Transfers to Debit Card are only available in certain cases and may not be accepted by certain financial institutions.

“Venmo Transfer” means a transfer of funds from a Subaccount to a Payee’s Venmo account.

“Wire Transfer” means a transfer of funds from a Subaccount to a Payee checking and/or savings account using a wire network.

6. ACH services

PayPal offers services that allow merchants to originate Automated Clearing House (“ACH”) credit and debit entries to a bank account (the “ACH Services”) and Merchant desires to use such services. Such entries are sent by PayPal, acting as a Third-Party Sender, to the Originating Depository Financial Institution (the "ODFI"), which it forwards through the ACH system to the Receiving Depository Financial Institution (the "RDFI"), who debits or credits the bank account of Merchant’s Payees (the "Receiver"). Merchant agrees that its use of the ACH Services is subject to the terms herein (“ACH Service Terms”) and the applicable provisions of these Terms. Merchant accepts and agrees to comply with all such terms. Capitalized words and phrases used and not otherwise defined in these ACH Service Terms have the same meaning as given to them in the operating rules and guidelines of the National Automated Clearing House Association (administrator of the ACH network - “Nacha”), as amended from time to time (the "Nacha Rules", available on Nacha’s web site). Merchant shall not originate entries on behalf of any third-party. In case Merchant intends to act as a Nested Third-Party Sender, it must enter into a separate agreement with PayPal before it originates any entries.

ACH Fees

In addition to applicable fees, you will also be responsible for any amounts charged to PayPal and/or Merchant by Nacha in connection with Merchant’s use of the ACH Services. Any amounts owed to PayPal under these terms may be deducted from any payout to Merchant or debited from Merchant’s bank account or any other accounts with PayPal.

Originator Compliance

Merchant agrees to (i) undertake the responsibilities of an Originator under the Nacha Rules and to comply with and be bound by such rules and other applicable laws and regulations related to use of the ACH network (as may be amended); and (iii) not originate entries that violate these ACH Service Terms, U.S. laws and/or the Nacha Rules.

Authorization to Originate Entries

Merchant authorizes PayPal and the ODFI to originate entries on Merchant’s behalf to Receivers’ accounts in accordance with the Nacha Rules.

Transaction Limits

Merchant shall operate and use the ACH Services in accordance with the transaction limits set by PayPal and/or the ODFI, in accordance with the Nacha Rules. PayPal can modify the applicable transaction limits upon reasonable notice.

Authorizations required by Nacha Rules

Merchant is solely responsible for obtaining any authorization required by the Nacha Rules, including authorization from each person shown as the Receiver on an entry for the crediting or debiting of the Receiver’s account, and agrees that it shall obtain such authorization in each instance (“ACH Authorization”). PayPal shall not be liable for any debit or other failure (or any related costs) arising from Merchant’s acts and omissions for failure to obtain any ACH Authorization.  Merchant shall maintain data sufficient to reconstruct the transaction authorization and maintain such authorization in accordance with all applicable laws, rules and regulations. Merchant agrees PayPal is permitted to document and store ACH Authorizations, including timestamp, Merchant logo and applicable ACH credentials.  Merchant shall provide PayPal with evidence of ACH Authorization upon request.

ACH Credit Entries

  1. UCC 4A Notice. In relation to credit entries subject to Article 4A of the Uniform Commercial Code (“UCC 4A”), Merchant acknowledges that: (i) the entry may be transmitted through the ACH; (ii) the rights and obligations of the Merchant concerning the entry are governed by and construed in accordance with the laws of the State of California; (iii) any credit given by the RDFI to the Receiver for the entry is provisional until the RDFI has received final settlement (through a Federal Reserve Bank or otherwise has received payment as provided for in Section 4A-403(a) of Article 4A); and (iv) if the RDFI does not receive such payment for the provisional entry, the RDFI is entitled to a refund from the Receiver in the amount of the credit to the Receiver’s account, and the Merchant (acting as Originator) will not be considered to have paid the amount of the credit entry to the Receiver. Credit entries using standard entry codes CCD, CTX, and non-consumer IAT that are originated in connection with the Hyperwallet Services are subject to the Nacha Rules and, where applicable, UCC 4A.
  2. Merchant’s Responsibility. Merchant is responsible for all refunds, and PayPal shall have the right to be reimbursed by Merchant for any and all such refunds or other amounts that are charged to PayPal in connection with the ACH Services. After PayPal remits funds to a Payee in accordance with these Terms, in case any transfer made by Merchant to PayPal to fund such Payout is later cancelled or reversed, for any reason, Merchant is responsible to PayPal for the full Payout amount plus any applicable fees. PayPal can deduct such amounts from any payout to Merchant or debit from Merchant’s bank account or any other accounts with PayPal.

ACH Debit Entries

To the extent that Merchant originates Web debit entries, Merchant must: (a) establish and implement a commercially reasonable (i) fraudulent transaction detection system to screen entries (which must, at a minimum, validate the account to be debited for the first use of such account number, and for any subsequent changes to the account number), and (ii) method of authentication to verify the identity of the Receiver of a debit entry and that the routing number is valid; and (b) conduct, or have conducted on its behalf, annual audits to ensure that the data it obtains from Receivers is protected by security practices and procedures that include, at a minimum, adequate levels of: (i) physical security to protect against theft, tampering, or damage; (ii) personnel and access controls to protect against unauthorized access and use; and (iii) network security to ensure secure capture, storage, and distribution. PayPal shall not be liable for any failure (or any related costs) arising from Merchant’s acts and omissions for failure to comply with this section.

Additional Obligations

  1. Payment to ODFI. Merchant agrees to pay the ODFI for any ACH credit entries or returned ACH debit entries if PayPal fails to pay the ODFI for such entries.
  2. Cancellation or Amendment. Merchant shall not have the right to cancel or amend an ACH transaction entry after its receipt by PayPal, except as required by the Nacha Rules.
  3. Inconsistency of Name and Number. If an entry describes a financial institution or the Receiver of an entry inconsistently by name and account or other identifying number, the account or other identifying number can be relied upon and the name disregarded.

Audit

Merchant shall comply with any request made by PayPal, the ODFI, their personnel, auditors and/or representatives access to Merchant’s facilities, data and records relating to the initiation of entries for the purpose of performing audits or on-site visits to verify Merchant’s compliance with these ACH Service terms and the Nacha Rules, including, but not limited to, copies of any data, records, authorizations, audit reports/results related to the annual audit described above in ACH Debit Entries (if applicable), as well as any other information reasonably requested relating to entries originated by the Merchant.

Representations & Warranties

Merchant represents and warrants to PayPal, as an Originator of entries under the Nacha Rules, that: (a) no entry delivered to PayPal or the ODFI, if accepted by the ODFI, will cause PayPal or the ODFI to be in violation of any regulation or sanction administered by the federal or state government or otherwise causes PayPal or the ODFI to be in violation of federal or state law or the Nacha Rules; and (b) it makes the same warranties to PayPal that PayPal, as Third-Party Sender, makes under the Nacha Rules to any ODFI when PayPal transmits an entry.

Indemnification

Merchant shall indemnify, defend and hold PayPal, the ODFI, any third-party and their employees, officers, directors and agents, harmless from and against any and all claims, demands, losses, liabilities or expenses (including attorneys’ fees and costs) resulting directly or indirectly from or arising out of (a) Merchant’s breach of the Nacha Rules or of these ACH Service Terms; (b) any claim that PayPal is responsible for any act or omission of Merchant; and (c) compliance by PayPal, the ODFI and the RDFI with any request Merchant makes for a cancellation, stop payment, reversal or recall of any entry. PayPal shall have no responsibility for any delay by any ODFI, ACH Operator or RDFI in processing any entry PayPal transmits to the ODFI or failure to process or credit or debit any such entry.

Termination of the ACH Services

In addition to the term and termination rights set forth in these Terms, PayPal or the ODFI may terminate or suspend Merchant’s use of the ACH Services for violation of any Nacha Rules, including, without limitation, acceptable limits for ACH returns.

7. Instant Payments

PayPal may, in its own discretion, allow you to select instant payment for Hyperwallet payouts to U.S. bank accounts owned by Payees who are residents of or otherwise domiciled in the U.S. (“Instant Payment”). To the extent that PayPal enables Instant Payment for your account, you:

  • shall: (a) report to PayPal fraud impacting any Instant Payment to which you are a party; (b) be domiciled in the U.S.; (c) send instant payments only to Payees who are residents of or otherwise domiciled in the U.S.; and (d) comply with regulations issued by the Office of Foreign Assets Control (OFAC).
  • shall not: (a) initiate an Instant Payment on behalf of another person or entity; (b) omit, delete, or alter information about any person required to be identified in the Instant Payment transaction for the purpose of avoiding detection of that information by PayPal or making the payment appear to be domestic, when it is not; (c) provide any protected health information, as such term is defined in applicable laws and regulations (e.g. the Health Insurance and Portability and Accountability Act of 1996, Public Law 104-191) or any personally identifiable information associated with a credit, debit or other card (including without limitation a cardholder’s name, the expiration date of the card, CVS numbers and other sensitive authentication card-related data).

PayPal shall be entitled at any time to suspend the provision of Instant Payment to you if PayPal becomes aware of any information indicating suspicious, fraudulent or illegal activity related to you. Upon request of PayPal at any time, you must provide to PayPal any information related to you necessary to process instant payment transactions.

8. Other Payout Methods

Digital wallets

Payouts to your Payee’s PayPal or Venmo account or third-party digital wallet are subject to the terms and conditions of the receiving account.

Original credit transactions; commercial banking agreements

Original Credit Transactions (“OCTs”) are processed by the acquiring financial institution providing card processing services to PayPal. If you will be making payments via OCTs, you agree to be bound by the terms of the applicable Commercial Entity Agreement between you and the financial institution providing the applicable card services to PayPal as set out on the Hyperwallet website, titled “Commercial Entity Agreement.”

PYUSD

You may instruct us to make a Payout to a Payee by converting funds to PYUSD and sending the PYUSD to the Payee’s cryptocurrency wallet; in which case, we will convert the funds at a fixed exchange rate of $1 U.S. dollar per PYUSD token and initiate the transfer to the cryptocurrency wallet address provided by you or the Payee. Once PayPal is so instructed, the conversion and the transfer are both irreversible and cannot be cancelled. The Payee cryptocurrency wallet address must support PYUSD. Use of an incorrect or PYUSD-incompatible wallet address will result in irretrievable loss of the PYUSD. We are not responsible for any such losses or other damages. PayPal does not own or control cryptocurrency networks and makes no guarantee that the transfer of PYUSD will be confirmed by the network.

PYUSD is issued by Paxos Trust Company, LLC (“Paxos”), not PayPal and is subject to the Paxos US Dollar-Backed Stablecoin Terms and Conditions (“Paxos Terms”), which are available at: https://paxos.com/stablecoin-terms-conditions/. By using PYUSD as a Payout Method, you agree to the Paxos Terms. PayPal does not guarantee Paxos’s performance or obligations.

PayPal reserves the right to not process or cancel any Payout involving PYUSD:

  • if we believe the transaction involves money laundering, terrorist financing, fraud or any other type of crime,
  • in response to a subpoena, court order, or other government order,
  • processing the transaction would result in a violation of applicable law or a PayPal policy, or
  • the transaction exceeds PayPal’s risk tolerance, as determined in PayPal’s sole discretion.

RISK DISCLOSURES FOR PYUSD

PayPal does not guarantee your ability to perform Payouts in PYUSD. PYUSD and its underlying cryptocurrency networks are complex developing technologies that may be subject to delays, halts or go offline as a result of errors, forks, attacks or other unforeseeable reasons. The cost, speed, and availability of transacting on cryptocurrency networks are subject to significant variability. You acknowledge that the ability to convert and transfer PYUSD may be delayed or unavailable due to interruptions, delays or errors of the relevant cryptocurrency network, PayPal’s ability to interface with PayPal service provider(s), a legally permitted delay by Paxos in the sale or minting of PYUSD, system downtime, limitations or suspensions we impose the ability to use PYUSD in PayPal’s sole discretion, for required safety, security, or legal reasons, or for other reasons outside PayPal’s or any service provider’s control. You acknowledge and agree that PayPal is not liable if PayPal or its service providers is unable or delayed in executing or settling a PYUSD transaction. If Paxos is unable or delayed in executing and settling PYUSD transactions for any reason, PayPal reserves the right to defer or cancel the PYUSD transaction.

PYUSD is not insured by FDIC, SIPC or any other public or private insurer, including against cyber theft or theft by other means. Cryptocurrency activity is not a regulated activity in many U.S. states and territories. Please see the additional STATE DISCLOSURES at Hyperwallet’s Licenses and Complaints page.

9. Data protection and privacy

The data protection terms applicable to these Terms are set out in the Hyperwallet Data Protection Addendum and are incorporated by reference into these Terms.

You shall provide, or shall enable PayPal to collect, Merchant Data that PayPal deems necessary for us to provide the Hyperwallet Services. With respect to any Merchant Data transferred by you to us, you covenant and agree that you are permitted and authorized to transfer such Merchant Data to us, that you have obtained all necessary consents from the data subjects to transfer such Merchant Data to PayPal, and that PayPal may process such Merchant Data in accordance with these Terms.

Your privacy is important to us. Please review the applicable privacy terms in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

10. Risk and compliance practices

In connection with Hyperwallet Services, you and your Payees are subject to PayPal’s proprietary standard risk and compliance practices which are established to meet PayPal’s regulatory, compliance, and risk obligations (as such practices are in place from time to time) (our “Risk and Compliance Practices”). The Risk and Compliance Practices include PayPal collecting and verifying information (i) about you, including, without limitation, information related to your ownership and structure, personnel, premises, systems, and any and all information, updates, additions, amendments or adjustments to your business activities and (ii) in some cases your Payees’ identification details (such as name, address or date of birth). You acknowledge such practices are only a tool to help identify such potential activity. PayPal does not warrant or represent it will prevent any or all fraud, unlawful or prohibited use of the Hyperwallet Services or ensure against any such losses which may arise therefrom.

Suspension or Delay of Services. We reserve the right to immediately close, suspend, or limit access, with no recourse by, or liability to, you, any portion or all of the Hyperwallet Services where (i) the continuance of such services would violate applicable law or a PayPal policy; (ii) we acts on the instruction of any Network Partner and/or regulator (iii) you have not provided information required under our Risk and Compliance Practices within the time period prescribed by us, or (iv) your activities exceed our risk tolerance.

Modification of Services. We may modify the Hyperwallet Services for reason, including, but not limited to, changes in security or regulatory requirements, changes to Network Partners, technological developments, or the introduction of new services by us. In the event the modifications made to the Hyperwallet Services are provided in a manner or on terms other than as expressly envisaged by these Terms, then such modifications shall be limited to the purposes of ensuring compliance with the relevant obligation. We will use reasonable efforts to notify you of any such changes that will materially affect you prior to the implementation date of any such change.

11. Intellectual Property

  1. Marks. Subject to the terms and conditions of these Terms and solely in connection with the activities contemplated by these Terms, each Party grants to the other Party a non-exclusive, non-transferable, royalty-free right and license to use, reproduce, distribute and display the other Party’s name and Marks (defined below) solely: (a) in the case of PayPal Marks, for purposes of identifying Services as accepted payment forms; (b) in the case of Merchant Marks, for the purpose identifying Merchant as a merchant that uses the Hyperwallet Service as a payout form in informational or promotional materials; and (c) for any other purpose in any other publication with the prior written approval of such Party or as otherwise permitted by law. The appearance of a Party’s name and Marks shall be in accordance with such Party’s standard Mark guidelines and these Terms. A Party shall be entitled to demand removal of any use of its Marks if, in its reasonable discretion, the use by the other Party of the Marks tarnishes, blurs, or dilutes the Marks or misappropriates the associated goodwill and such problem is not cured within five (5) business days of the using Party’s receipt of notice of the problem. For the purposes of these Terms, a Party’s “Marks” means the trademarks of the Party, including registered and common law trademarks, trade names, service marks, logos, buttons, domain names, indicia of origin, and designations owned, licensed or used by the Party in connection with the Hyperwallet Services. The licenses described in this Section shall terminate automatically upon termination of these Terms.
  2. PayPal Technology and APIs.
    1. Subject to the terms and conditions of these Terms, PayPal hereby grants to Merchant a non-exclusive, non-transferable, revocable, non-sublicenseable, limited license to use PayPal Technology solely as required and necessary to use the Hyperwallet Services under this Addendum (the “IP License” and with respect to the APIs, the “API License”). As used herein, “PayPal Technology” means the following intellectual property or proprietary rights of PayPal (or licensed to PayPal by a third party) used in connection with the Hyperwallet Services: (w) published and unpublished works of authorship, whether copyrightable or not (including without limitation databases and other compilations of information), copyrights therein and thereto, and registrations and applications thereof; (x) all moral rights in the foregoing (that is, the right to claim authorship of or object to the modification of any work); (y) all applications, renewals, extensions, restorations and reinstatements of the foregoing, and (z) all tangible embodiments of the foregoing.
    2. PayPal shall provide Merchant with tools to access and utilize authorized APIs, which may include a confidential identification code specific to Merchant, a certificate, and/or a user ID (“API Tools”). In addition, PayPal shall make available to Merchant its API integration and user guides. Merchant shall comply with PayPal’s API integration and user guides in connection with the integration and use of APIs. The API Tools are confidential information and property of PayPal, and the API License may be immediately revoked or terminated by PayPal if Merchant shares the API Tools with any third party or otherwise breaches the API License. In connection with Merchant’s use of PayPal’s API’s, Merchant is prohibited from doing any of the following: (x) selling, transferring, sublicensing, or disclosing Merchant’s user ID to any third party (other than third party service providers); (y) selling, transferring, sublicensing, and/or assigning any interest in the confidential information of PayPal accessed by the APIs; and (z) collecting any customer’s personally identifiable information that is accessed through the APIs without that customer’s express permission.
    3. In the event of degradation or instability of PayPal’s system(s) or an emergency, PayPal may, in its sole discretion, change or temporarily suspend Merchant’s access to any PayPal Service, including but not limited to the APIs and databases and/or information accessed from the APIs, in order to minimize threats to and protect the operational stability and security of PayPal’s systems. Notwithstanding the foregoing, PayPal shall notify Merchant of suspension of the Hyperwallet Services, except that such notice shall not be required where in the reasonable opinion of PayPal such notice would compromise security of the PayPal systems or performance of the Hyperwallet Services.
    4. As between PayPal and Merchant, PayPal retains all right, title and interest in and to the Hyperwallet Services, PayPal Technology, and all intellectual property rights therein and any modifications, improvements or derivatives thereto or thereof. Except as licensed herein, this Addendum does not transfer any intellectual property rights. There are no implied licenses under this Addendum, and any rights not expressly granted to Merchant in this Addendum are reserved by PayPal or its suppliers. Merchant shall not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Hyperwallet Services. All rights and licenses granted to Merchant in the Hyperwallet Services and the intellectual property shall terminate automatically and revert to PayPal upon termination of these Terms or upon termination of any Hyperwallet Service to which the rights and licenses relate.
  3. Merchant License Grant. Subject to the terms and conditions of these Terms, Merchant grants PayPal a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license, during the Term, to use Merchant’s technology, products, and services solely to the extent necessary or required by PayPal to provide the Hyperwallet Services under this Addendum.

12. Other Legal Terms

WAIVER. MERCHANT WAIVES ANY BREACH OF CONTRACT OR OTHER CLAIM IT MAY HAVE AGAINST PAYPAL IF, ACTING ON THE INSTRUCTION OF ANY NETWORK PARTNER AND/OR REGULATOR, PAYPAL REFUSES TO EXECUTE CERTAIN TRANSACTIONS ON MERCHANT’S BEHALF AND/OR MANDATES THE DISRUPTION OF THE HYPERWALLET SERVICES OR ANY COMPONENT THEREOF IMMEDIATELY AND WITHOUT NOTICE.

DISPUTES. Any disputes under these Terms are subject to the dispute provisions of the PayPal User Agreement, including binding arbitration.

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