Terms and policies

In these terms of use, "we", "us", "our" or "PhotonPay" refers to the specific PhotonPay legal entity providing the Website and APIs to you. The exact entity you are contracting with may depend on your jurisdiction of residence or establishment and the specific products or services you use, as detailed in the applicable product or service-specific terms and conditions.

These terms govern your use of our websites, including all regional and localized versions and sub-domains accessible from https://www.photonpay.com/, and our APIs.

By using this Website and APIs (including creating a registered account), you agree to be bound by the terms of use stated herein. If you do not agree to these terms, please do not use our Website or APIs.

These terms of use govern your access to and general use of our Website and APIs only. They do not govern the provision of any regulated financial services, cross-border payment processing, digital asset services, or other substantive products (collectively, "Financial Services"). Any Financial Services provided by us are strictly subject to, and governed by, separate master service agreements, customer agreements, or product-specific terms and conditions entered into between you and the relevant PhotonPay entity ("Product Terms"). In the event of any conflict, inconsistency, or overlap between these terms of use and the applicable Product Terms, the Product Terms shall absolutely prevail.

You are solely responsible for ensuring the security of the personal information held on your computer, mobile or other device.

You are responsible for determining whether your access to or use of the Website, APIs, products or services is permitted under the laws and regulations applicable to you. We may restrict, suspend or refuse access to any product, service, Website or API where we consider it necessary or appropriate to comply with applicable law, regulation, sanctions, regulatory requirements or our internal risk management policies.

Certain products, services and features described on or accessible through our Website or APIs may not be available in all jurisdictions or to all users. We make no representation that any product or service is available, appropriate or lawful for use in every jurisdiction. Your access to and use of any product or service is subject to applicable eligibility requirements, geographic restrictions and the terms governing that product or service.

You may only access and use our Website and APIs in accordance with these terms of use, and to conduct lawful and authorised transactions with us and for no other purpose. You must also ensure that all persons who access our Website and APIs through your internet connection are aware of these terms of use and comply with them.

YOU MUST NOT access or use (or allow access or use of) our Website or APIs in any unauthorised manner. This includes but is not limited to:

Without prejudice to our other rights at law or otherwise, we reserve the right to deny you access to our Website and APIs if we believe that you are in breach of these terms of use.

You will need to create an account with us in order to access some features of our Website and APIs. Registration of an account is open to business entities or their authorised representatives aged 18 or above and is accepted at our sole and absolute discretion. You are responsible for ensuring that all information you provide to us is complete, accurate, and for informing us of any changes to the information you have provided.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorised use of your account. You also agree to ensure that you logout from your account at the end of each session.

We may suspend, restrict or terminate your account or access to any part of the Website or APIs where we reasonably consider it necessary or appropriate, including for compliance with applicable law or regulation, fraud prevention, security, risk management, investigation of suspected misconduct, or where you breach these terms or any applicable product or service terms.

We may impose, modify or enforce API usage limits, rate limits, technical requirements or other controls from time to time. We may modify, suspend or discontinue any API or API functionality, subject to applicable law and any applicable product or service terms.

You must not use our APIs to circumvent security controls, rate limits or usage restrictions, access data or systems for which you are not authorised, reverse engineer or attempt to derive source code, conduct security testing without our prior written authorisation, or introduce any malicious code or harmful component.

You must keep all API keys, credentials, tokens and other authentication information confidential and must not disclose them to any unauthorised person. You are responsible for all activity conducted using your API credentials.

Our Website and APIs present information, data, content, images, video, audio and other materials and items, tangible or intangible (collectively, “Information”). By using our Website or APIs, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our Website and APIs. If we agree to grant you access to our Website and APIs, such access shall be a non-exclusive, non-transferable and limited licence to access our Website and APIs in accordance with these terms of use.

Except as expressly permitted by these terms or a separate licence granted by us, you receive no ownership interest or other proprietary right in the Information or in our Website or APIs.

These terms of use refer to the following additional terms, which also apply to your use of our Website and APIs:

We may, at our absolute discretion and at any time, add to, amend or remove material from our Website and APIs, or alter the presentation, substance or functionality of our Website and APIs. Where any such changes constitute changes to these Terms, we will generally provide you with at least 30 days’ prior notice by email, text message or other approved communication methods agreed with you that enable us to maintain an appropriate audit trail.

Your continued use of the Website or APIs after the effective date constitutes your acceptance of the updated terms.

As a condition of your use of our Website and APIs, you may not:

Except for information, documents, data, and other materials that you provide or own, all content and information made available by us through the website or services (“Company Information”) are owned by or licensed to us. You do not acquire any ownership rights in the Company Information. You may use Company Information only as permitted under these Terms of Use or under a separate written license granted by us. Nothing in these Terms limits your rights in your own information or any rights provided under applicable law.

Our Website may contain links to websites or resources operated by independent third parties, and our APIs may permit connections to third-party services. Unless expressly stated otherwise, PhotonPay does not own or control those independent third-party websites, resources, or services. Providing a link or connection does not constitute PhotonPay’s endorsement of their content, products, services, security, or privacy practices.

PhotonPay is not responsible for the accuracy, completeness, availability, or content of an independent third-party website or service. Before accessing such a website or service, providing information directly to a third party, or entering into a transaction with a third party, you should review the third party’s applicable terms, privacy notices, and security practices. Information you provide directly to an independent third party is governed by that third party’s terms and privacy notice.

To the maximum extent permitted by applicable law, PhotonPay is not liable for losses arising solely from your use of an independent third-party website or service that PhotonPay does not own, control, or use to provide the Services. This limitation does not apply to the extent that a loss results from PhotonPay’s breach of these Terms, negligence, willful misconduct, violation of applicable law, or failure to comply with its privacy or information-security obligations. Nothing in this section limits any right, remedy, or liability that cannot lawfully be be waived or excluded.

This section does not apply to partner banks, processors, agents, or other service providers acting on PhotonPay’s behalf or used by PhotonPay to provide the Services. The responsibilities applicable to those services are governed by these Terms, applicable product disclosures, the Customer Agreement, and applicable law.

We may temporarily suspend or limit access to all or part of our Website or APIs when reasonably necessary to:

When reasonably practicable, we will provide advance notice of planned maintenance and take reasonable measures to minimize service disruption. We do not guarantee that our Website or APIs will always be available or operate without interruption.

To the maximum extent permitted by applicable law, we are not liable for losses arising solely from a suspension or limitation reasonably imposed under this section. This limitation does not apply to the extent that a loss results from our breach of these Terms, negligence, willful misconduct, violation of applicable law, or failure to comply with our privacy or information-security obligations. Nothing in this section limits liability that cannot lawfully be excluded.

Suspension or termination of your access to the Website or APIs will not affect any rights or obligations that accrued before its effective date. Any provision that expressly or by its nature is intended to survive will remain effective, including, as applicable, provisions concerning intellectual property, confidentiality, liability, indemnification, dispute resolution, governing law, and recordkeeping.

In addition to any other rights or remedies available to us, we may temporarily suspend or restrict your access to all or part of the Website or APIs when we reasonably determine that doing so is necessary to:

We may terminate your access if you materially or repeatedly breach these Terms or applicable product or service terms, if the circumstances giving rise to a suspension cannot reasonably be resolved through a temporary restriction, or if termination is required by applicable law or an authorized third party described above.

We will provide notice when reasonably practicable. We may act immediately and without prior notice if notice is prohibited by law, could compromise security or fraud-prevention measures, could interfere with an investigation or sanctions obligation, or could otherwise materially increase risk. Where appropriate and legally permitted, we will provide the general reason for the action and any available steps for seeking review or restoring access.

Any restriction will be proportionate to the identified risk and will remain in place only for as long as reasonably necessary, subject to applicable legal, regulatory, contractual, and partner-bank requirements. Pending transactions, account closure, and customer funds will be handled in accordance with the applicable Customer Agreement, product terms, partner-bank requirements, and applicable law.

Embedded content (including embedded images, audio and video content and text) on our Website/APIs that is identified with social media such as Meta, X (formerly Twitter),YouTube and Instagram are embedded from third party hosted sites. Embedded content is subject to the licence terms of the location at which such content is hosted or the licence terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant licence. You are liable for any consequences of failure to comply with those licence terms.

You may opt in to receive electronic communications from us, including by email, through your account, through the Website or APIs, or by other electronic means. Where required or permitted by applicable law, you may also opt out of receiving certain electronic communications by using the applicable opt-out mechanism or by contacting us through the designated channel. We will maintain a record of your communication preferences, including any opt-in or opt-out, where required by applicable law or our applicable recordkeeping requirements.

Your decision to opt out of certain electronic communications will not affect the validity of communications that we are required or permitted by applicable law, these Terms, or the applicable Customer Agreement to provide to you, or that are necessary to provide, maintain, secure, or administer the Services. To the extent permitted by applicable law, you acknowledge that electronic communications provided in accordance with your communication preferences satisfy any legal requirement that such communications be in writing.

All intellectual property rights subsisting in respect of our Website belong to us or have been lawfully licensed to us for use on our Website. All rights under applicable laws are hereby reserved. While you may download or print material from our Website for your internal business use or lawful personal use, it remains our property, unless otherwise stipulated.

Unless otherwise specified by us on our Website, or pursuant to separate licence granted by us, you are not allowed to upload, download, post, publish, reproduce, transmit or distribute in any way any component of this Website or create derivative works with respect thereto.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with our Website/APIs without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

All trademark rights, copyright, database rights and other intellectual property rights to the content and/or materials on our Website and APIs, including for example the names, logos, organisation and layout, and the underlying software code rest with us or our licensors. You may use such content and/or materials only as strictly provided and as intended by these terms of use. Any other use, reproduction, transmission or handling of such content, without our prior written consent, is prohibited and will constitute a breach of these terms of use.

All Information is for your general reference or use pursuant to any licence separately granted by us only. We do not accept any responsibility whatsoever in respect of such Information.

Nothing on our Website or APIs constitutes an offer, solicitation, recommendation or endorsement of any financial product, investment, digital asset or other product or service, unless expressly stated otherwise in the applicable product or service terms.

Without limiting any exclusion specifically provided for in these terms of use, we shall in no event be liable for any costs, damages or liability for any unauthorised use of our Website or breach of security relating to our Website/APIs.

We do not guarantee or assume any responsibility, and you acknowledge that we make no representation or warranty, that:

Information relating to products, services, prices, fees, rates, limits, availability, market information or other commercial information may change from time to time. Where a change to fees, rates, services, limits or other commercial terms affects you, we will generally provide you with at least 30 days’ prior notice by email, through your account, through the Website or APIs, or by other electronic means in accordance with your communication preferences. Where a shorter notice period or immediate change is required or permitted by applicable law, or is necessary due to regulatory, legal, security or other circumstances beyond our reasonable control, we may implement the change without providing 30 days’ prior notice.

Unless expressly stated otherwise, information relating to products, services, prices, fees, rates, limits, availability, market information or other commercial information is provided for general informational purposes only and does not constitute financial, investment, legal, tax or other professional advice. Information provided through the Website or APIs may not reflect real-time or final information.

In no event shall we be liable (whether in tort, contract, or otherwise) to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, errors or omission in our Website/APIs, even if we have been advised of the possibility of such damages.

You will exercise and rely solely on your own skill and judgment in your use of our Website/APIs including the interpretation of any Information. You are responsible for ensuring that your use of this Website/APIs complies with all applicable legal requirements.

The limitation of liability contained in these terms of use will apply to the fullest extent permitted by applicable laws.

While every care has been taken in preparing the information and materials contained in our Website/APIs, such information and materials are provided “as is” without warranty (whether express or implied) or representation of any kind. In particular, no warranty or representation regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials.

Subject to claims available under applicable consumer protection laws, we will not be liable to you or to anyone else (in negligence, tort, breach of contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) howsoever caused arising out of or in connection with:

You must take your own precautions to ensure that whatever you select for use from our Website/APIs are free of viruses or anything else that may interfere with or damage the operation of your computer systems or mobile devices.

The above exclusions and limitations apply to the fullest extent permitted by applicable law. Nothing in these Terms of Use shall exclude or limit our liability to the extent that such liability cannot lawfully be excluded or limited under the applicable laws of the jurisdiction in which the relevant customer or user is located, resides, or is otherwise subject to applicable law, including, where applicable, liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

Where a specific PhotonPay entity provides the relevant Website, API or Services to you, the mandatory liability rules applicable to that entity and the relevant service or product shall apply.

To the extent permitted by applicable law, you agree to defend, indemnify and hold us, our employees, officers, directors, agents, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including legal fees), in connection with or arising from your breach of these terms of use and/or your use of our Website/APIs. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.

You may not assign, transfer or otherwise dispose of any of your rights or obligations under these terms without our prior written consent. We may assign, transfer or novate our rights or obligations under these terms to an affiliate or in connection with a merger, restructuring, sale of business or assets, or other corporate transaction, subject to applicable law.

We shall not be liable for any delay, failure, interruption or unavailability of the Website or APIs caused by circumstances beyond our reasonable control, including failures of telecommunications or network infrastructure, third-party service providers, cyber incidents, government action, changes in law or regulation, sanctions, natural disasters, war, civil unrest, labour disputes or other events beyond our reasonable control.

The illegality, invalidity or unenforceability of any provisions of these terms of use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

No waiver of any breach under these terms of use will amount to a waiver of any other breach. The headings in these terms of use are for convenience only and do not affect interpretation.

Use of the term ‘partner’ is not intended to, and shall not be deemed to establish any partnership or joint venture. You understand that use of the term ‘partner’ by us in any context does not constitute any party as our agent, or authorise any party to make or enter into any commitments for or on behalf of us.

We may provide notices to you by email, through your account, or by posting a notice on the Website. You may provide notices to us through the contact channels published on the Website.

Questions or complaints about these terms of use or the Website may be directed to the contact channels published on the Website.

These terms of use, together with any applicable Product Terms and the documents referred to in them (including our Privacy and Cookies Policy), constitute the entire agreement between you and the relevant PhotonPay entity in relation to your access to and use of the Website and APIs, and supersede all prior or contemporaneous understandings and agreements in relation to such subject matter.

A person who is not a party to these terms of use has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or to enjoy the benefit of any term of these terms of use，and equivalent legislation in any other applicable jurisdiction, where applicable.

These terms of use may be translated into languages other than English for reference and convenience purposes. In the event of any conflict, discrepancy, or inconsistency between the English version and any translated version, the English version shall govern and prevail to the fullest extent permitted by applicable law.

These Terms of Use shall be governed by and construed in accordance with the laws applicable to the relevant PhotonPay entity providing the Website, APIs or Services to you and the jurisdiction in which such entity provides such Website, APIs or Services to you, without regard to its conflict of laws principles. Any dispute arising out of or in connection with these Terms of Use shall be subject to the jurisdiction of the courts or other competent authorities of the applicable jurisdiction, unless otherwise provided in the applicable Customer Agreement or product or service terms.

Any dispute, controversy, difference or claim arising out of or relating to these terms of use, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.

Nothing in this clause shall limit our right to seek interim or cross-border injunctive relief (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

If any arbitration agreement or arbitration provision contained in these Terms of Use is held to be invalid or unenforceable by a competent court or authority, the relevant dispute shall be subject to the jurisdiction of the courts or other competent authorities specified in the applicable Customer Agreement, regional terms, or product or service terms. If no such jurisdiction is specified, the dispute shall be subject to the jurisdiction of the courts or other competent authorities having jurisdiction over the relevant PhotonPay entity providing the applicable Website, APIs or Services to you.