Terms of Service
Bryllian.com is owned and operated by Nguyener Marketing LLC. Here are our terms and conditions:
- Acceptance of Terms
- User Account
To access certain features or functionalities of the Service you may be required to provide your personal information. During registration you are required to provide accurate, complete and current information about yourself as requested. You may not choose a username, or provide other user information, that misrepresents you as another person or misleads others to think so. We may, in our sole discretion, refuse to approve misleading or offensive information.
Children under the age of 13 are not allowed to use the Services or Website and we do not actively target or collect information about minors.
- Scope of Service
User Accounts may vary as to the scope of the Service assigned by us and as to the charges payable for such scope of the Service.
- Express Written Consent
You agree to receive contact for marketing purposes at the telephone number that you provided upon registering, from SmartCheckin, as well as the specific company on whose behalf SmartCheckin is marketing. You understand that these marketing texts or calls may be made using an automatic telephone dialing system or pre-recorded message. Consent is not required to make a purchase.
- No Abuse or Interference
In particular, but without limitation, you agree not to do any of the following: (i) use the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as us or any person or entity or misrepresent your affiliation with us or any person or entity, or to disguise or misrepresent the origin of any content posted or made available through the Service; (iii) interfere with the full and complete display of advertisements; (iv) use the Service as a forwarding service to another website or link to the Service using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without our express written permission; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without our express written permission; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site; (ix) collect or store personal data, or solicit personal identifying information about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users’ ability to use the Service; (xii) make excessive or otherwise harmful automated use of the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and “pyramid games/schemes,” or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including “trojan horses” and “worms”) or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.; or (xvi) use the Services or Website to violate any law or regulation.
- Compliance with Laws
Recognizing the global nature of the Internet, you agree not to use the Service to engage in any activity that is unlawful under the laws of any jurisdiction to which you or we may be subject or that violates any applicable local, state, national or international law, including the rules of any national or other securities commission or exchange.
In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data, as well as with the Telephone Consumer Protection Act and Telemarketing Sales Rule
We reserve the right to report any wrongdoing that we may become aware of to the applicable government agencies or to take other appropriate action permitted by law.
- No Resale of Service
Unless expressly authorized by us, you agree not to make any commercial use of the Service, including in particular, licensing, sale, transfer or other exploitation of the Service, not to make any use other than within the scope envisaged by your User Account, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites, and.
- Termination of Service
You agree that we may, immediately and without notice, suspend or terminate your access to all or part of the Services and remove and discard any of your User Content within the Services, if we in our sole discretion determine that you have violated these Terms. Further, you agree that we shall not be liable to you or to any third party for suspending or terminating your User Account or your access to the Services or for removing your User Content or any other content
You may discontinue your participation in and access to the Service at any time.
- Modifications to Service
We reserve the right, in our sole discretion and at any time, to modify, suspend or discontinue the Services or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.
You agree that we shall have no liability for any modification, suspension or discontinuance of the Services. We shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Services, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.
- Intellectual Property
You acknowledge and agree that we own all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Services, including the name and software used to operate the Services and including all content of the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws.
You acknowledge and agree that our name and logo are our trademarks. You are not authorized to use any such trademarks, or any other trademarks belonging to us, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with us.
Nothing in these Terms, or in the Services shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed through the Services without the express prior written permission of the rights owner.
You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Services or content appearing therein, in any form elsewhere, without our express prior written consent; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Services or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter our copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Services. We specifically permit links to the Website from other websites.
- Intellectual Property of Third Parties
You acknowledge and agree that rights in any third-party content (including any content licensed by us, advertisements and User Content) presented to you through the Services, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by us, belong to their respective owners.
- Disclaimer of Warranties
You understand and expressly agree that WE provide the Services “as is” and “as available”. All of our offers are void where prohibited.
WE expressly disclaim to the fullest extent permitted by law all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy of content and non-infringement of proprietary rights.
WE make no warranty that the services will meet your requirements, or that the website or the services will be available at any given time, uninterrupted, timely, secure, accurate or error-free. We make no warranty that any defects or any errors in the software will be corrected.
We make no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Services or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Services.
No advice or information, whether oral or written, obtained by you from us, through the Services shall create any warranty not expressly made herein.
- Limitation of Liabilities
Your use of the Services is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Services.
To the extent permitted under applicable law, in no event and under no circumstances will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, attorneys, agents, licensors, licensees, suppliers or representatives be liable to you or to any third party under any theory of liability (whether based on warranty, contract, tort (including negligence and strict liability) or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if We or such other parties were advised of, knew of, or should have known of the possibility of such damages), resulting from or relating out of your or any third party’s use or misuse of the services or the Website. The parties intend that this limitation should apply even if it causes any warranty or any remedy to fail of its essential purpose.
Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Services, from the inability to use the Services or the Website, from the interruption, suspension, or termination of the Services or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Services; any User Content or third-party content or code obtained or retrieved via the Website or through the Services (including content retrieved into your browser’s cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Services; any other matter relating to the Website or the Services.
We neither assume, nor authorize any other party to assume on our behalf, any other liability in connection with the Services other than as set forth herein.
Notwithstanding the foregoing, our total cumulative potential liability to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to us for your use of the Website or the Services.
This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
- Waiver of Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMARTCHECKIN SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOCHECKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR ANY OTHER MATTER RELATING TO THE SERVICE.
You are solely responsible for your actions when using the Services. You agree to indemnify, defend, and hold harmless us, our parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information (including, without limitation, your User Content or any other content) posted on the Website or made available through the Services by you; (ii) your use of the Website or the Services; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party; (vi) any of the above made from your User Account.
We shall conduct a defense in any such third-party claim or proceeding in our sole discretion and you shall fully cooperate with us for such purpose.
- Mandatory Arbitration and Class Waiver
Parties agree that (i) no arbitration proceeding hereunder, or other proceeding, whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- General Provisions
Relationship. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms between you and us. The agreement pursuant to these Terms is between you and us and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.
If any dispute arises between you and any third party, you understand and agree that we are under no obligation to become involved and you hereby release us from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above.
Headings . The section headings in these Terms are for convenience only and have no legal or contractual effect.
Survival . Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Services.
Severability . If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.
Waiver . Any waiver of any provision of these Terms will be effective only if made in writing and signed by us; any delay or failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment . You may not assign your rights or delegate your responsibilities hereunder without our express written permission of. We may, at any time, assign our rights or delegate its obligations hereunder without notice to you.
We shall be permitted to send notices to you by sending notification to the contact information provided or via e-mail to the address that you provided if applicable.
- Mobile services
Bryllian.com App provides a check-in app and is currently using short codes on your behalf. Message frequency will not exceed one per day. Message and data rates may apply. Text STOP, END, CANCEL, UNSUBSCRIBE OR QUIT at anytime. Max 4 messages per week. Message and data rates may apply. Participating wireless carriers include (but are not limited to):
• Verizon Wireless
• CellCom USA
• C Spire Wireless
• S. Cellular
• Carolina West Wireless (CWW)
• Google Voice
• Advantage Cellular (DTC Wireless)
• Appalachian Wireless
• Bluegrass Cellular
• Cellular Network Partnership (PIONEER)
• Cellular One of East Central Illinois
• Chat Mobility USA
• Coral Wireless (Mobi PCS)
• Element Mobile (Flat Wireless)
• Epic Touch (Elkhart Telephone)
• GCI Communications Corp
• Golden State Cellular
• Illinois Valley Cellular (IV Cellular)
• i Wireless (IOWA Wireless)
• Nex-Tech Wireless
• MTA Communications
• MTPCS (Cellular One Nation)
• >Cross Telephone Company (MBO Wireless)
• Duet IP (Maximum Communications Core Wireless)
• Inland Cellular Telephone Company
• Immix(Keystone Wireless)
• Mosaic (Consolidated or CTC Telecom)
• Northwest Missourri Cellular Limited
• Peoples Wireless
• Panhandle Telecommunications Systems(PTCI)
• Revol Wireless USA
• SI Wireless/Mobile Nation
• SRT Wireless
• Texas RSA 3 Ltd(Plateau Wireless)
• Thumb Cellular
• United Wireless
• Union Telephone Company(Union Wireless)
• Viaero Wireless
• West Central Wireless (5 Star Wireless)
• Sagebrush Cellular (Nemont)
• Pine Cellular
• Aio Wireless/Cricket
• Copper Valley
• Cable Vision
• Buffalo Wireless
• Chariton Valley Cellular
• Pine Belt Wireless
• Atlantic Tele-Network International (ATN)
All rewards on Bryllian.com App are set by relevant merchants (i.e. Rewards Providers) and Bryllian.com App will not responsible for any issues for rewards and rewards redemption.
T-Mobile is not liable for delayed or undelivered messages. For support, please email support@SmartCheckin.us
Below is our Terms Of Service for Payments on SmartCheckin App:
Last Revision Date: Jan 06, 2021
Bryllian.com App (“Bryllian.com App”) enables consumer-to-business payments and business-to-business as described below in Section 3.2. These Terms of Service (the “Agreement”) are a legal agreement among Bryllian.com App and the app end users. This Agreement governs your use of our application Bryllian.com App on Apple Store and Play Store and the associated software and services (collectively the “Services”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY Bryllian.com App SERVICES. If you do not agree to this Agreement, do not use the Services.
This Agreement provides that all disputes between you and Bryllian.com App will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. Please review Section 26 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any dispute with Bryllian.com App.
As used in this Agreement, the words “you” and “your” refer to you, a User (defined below) of the Services and the Party agreeing to this Agreement. The words “we,” “us,” “our” and any other variation thereof refer to Bryllian.com App.
- ACCEPTANCE OF AGREEMENT.
By accessing the Services, you agree to, and are bound by, the terms and conditions of this Agreement. If you do not agree to this Agreement, do not use the Services. You represent that you have authority to enter into this Agreement on your own behalf and on behalf of any person or organization for which you act.
Bryllian.com App may modify this Agreement at any time in its sole discretion by updating this posting. We will take reasonable steps to notify you of any material changes to this Agreement. Your continued use of the Services after a modification signifies your agreement to the modification. If you have any questions about this Agreement, please contact us at: email@example.com
- OVERVIEW OF Bryllian.com App SERVICES.
3.1. Description of the Services. Bryllian.com App provides Services which generally enable United States-based customers to transmit payments for commercial purposes to United States-based business recipients (“Recipients”), including Recipients who do not accept a Payor’s preferred payment method (collectively “Users”). Payors may capture a Recipient invoice using their mobile device, upload an invoice electronically, import an invoice from various accounting software, or enter in invoice details manually. Such information may be used to generate a bill which can then be synched with various accounting software. Bryllian.com App may also partner with Recipients to facilitate their receipt of funds and crediting of customer accounts. Recipients may generate and upload invoices through the Bryllian.com App Services to request payment from Payors, Recipients may request payment from Payors without uploading invoices, and Recipients may also request payment from payors that have not registered for Bryllian.com App’s Services. For access to and use of the Services, Bryllian.com App may charge Users a fee (the “Fee”) at the time of Payment submission.
3.3. Accepted Payment Methods. Bryllian.com App enables Users to transmit payments to Recipients via automated clearinghouse (“ACH”), credit or debit card, or via wire transfer. Recipients may receive payments via paper check, electronic check, debit card, or ACH transfer.
- Bryllian.com App supports payments from all U.S. financial institutions.
- Cards issued on the following payment networks may be used as payment methods via the Services: Visa, MC, Discover.
3.4. Fund Ownership.
- Payments to Recipients (other than Fees) do not pass into Bryllian.com App’s legal ownership at any time from payment initiation to successful delivery, including any subsequent refunds.
- Bryllian.com App uses master bank accounts at each of the Banks that are held in the Banks’ names and owned by the Banks. The account titles also show that these accounts are for the benefit of customers of Bryllian.com App. You grant Bryllian.com App the right to instruct the Banks on the use of funds in the accounts, including to receive funds from you and to then send funds to your Recipient based on your instructions. The Banks transfer all funds for the benefit of Bryllian.com App’s customers upon Bryllian.com App’s instructions.
- ELIGIBILITY AND SETTING UP YOUR ACCOUNT
4.1. Eligibility Requirements. In order to use the Services, you must (i) be an individual of at least 18 years of age and able to form legally binding contracts under applicable law, (ii) have a valid and active e-mail address, (iii) use the Services on behalf of a United States-domiciled business entity or freelancer; and (iv) have a valid deposit account at a Bryllian.com App supported bank. Other restrictions may apply.
4.2. Creating an Account. In order to access the Services as a User, you must create an account (“Account”). When you set up your Account, you will be required to create log-in credentials by providing certain types of personal information including your name, a valid email address, information about your business, and a strong password (collectively, your “Registration Information”). We may also request additional information, such as your business’ EIN, after you have created your Account. You agree to provide true, accurate and complete Registration Information and to notify us promptly if any of your Registration Information, including your email address, changes. You agree that you will take reasonable precautions to safeguard your password and other authentication details and keep them confidential. You are responsible for all activity that occurs in association with your Account. Bryllian.com App is not liable for any loss or damages caused by your failure to maintain the confidentiality of your Account credentials.
4.3. Privacy; Identity Authentication
- You authorize Bryllian.com App, directly or through third parties, to make any inquiries we consider necessary to verify your or your business identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address, financial instruments, or information associated with your business, and verifying your Personal Information and your business’ information against third party databases or through other sources. If Bryllian.com App cannot verify your or your business’ identity, Bryllian.com App reserves the right to deny you use of the Services or to limit your use of your Account.
- If you as a Recipient receive, in a calendar year (1) more than $20,000 in payments made through the Services; or (2) more than 200 individual transactions through the Services, you agree to provide Bryllian.com App with your taxpayer identification number.
4.4. Linking a Payment Method. Once you have created an Account, you may link various payment methods, including your depository accounts with financial institutions (each, a “Bank Account”) or credit or debit cards.
4.5. Payment Method Verification. Upon addition to your Account, your Bank Account may be verified to confirm its validity. A temporary, small authorization charge may appear on your bank statement. You authorize Bryllian.com App to credit your Bank Account with two (2) different and random micro deposits, which you will be required to enter once prompted through the Services. You also authorize Bryllian.com App to debit your Bank Account for the amounts of the two (2) micro deposits within ten (10) business days.
4.6. Your Existing Payment Method Terms.
- All payment method usage associated with payments submitted via the Services are subject to existing terms for your payment method, including any relevant credit or transactional limits, credit and interest terms, and rewards programs. Where applicable, Bryllian.com App (and to the extent applicable, the Banks) retains all rights and authority for the treatment of your payment methods via the Services, which may supersede your payment method program terms. For example, Bryllian.com App may impose a transactional limit on your payment method for payments via the Services, which may be a lower value than the amount allowed by your program.
- Payments may only be made to U.S. payment methods. We may, in our sole discretion, impose limits on the size, frequency, and timing of payments sent through the Services, on a per transaction or a cumulative basis, and change those limits at any time.
4.7. Restrictions on Payment Methods. To prevent fraud and comply with legal obligations, we may put your payment method on hold for review. If you do not cooperate with our review process, your payment may be delayed or declined. We reserve the right to limit or refuse your use of a particular payment method for any reason in our sole discretion.
4.8. Recipient Setup. To use the Services, a Payor may enter payment information for Recipients. The Payor must provide correct and current payment information for each Recipient as follows:
- For both check and electronic payments, the Payor must provide the Recipient name and remittance address.
- In addition, for electronic payments, the Payor must:
o Invite the Recipient to set up an Account by sending the Recipient an email invitation through the Services;
o Input the Recipient’s bank routing number and bank account number through the Services;
o Input the Recipient’s telephone number and email address; or
o Confirm existing Recipient details (if they have previously used the Services and Bryllian.com App has retained such Recipient
Please note that the ability to effect electronic payment to new Recipients will depend on the Recipient’s willingness to provide us and the Banks with its banking details. If the Recipient does not provide this information, neither the Banks nor Bryllian.com App will be able to complete your transaction electronically and we or our business partners will send such a Recipient a paper check.
You are responsible for verifying the accuracy of the foregoing Recipient information prior to scheduling payments, and neither Bryllian.com App nor the Banks will have liability for losses or damages due to your or your Recipient’s actions or inactions. If you invite a Recipient to set up an Account, it will take several business days to complete the verification process required to activate the Account for electronic payments. If you input a Recipient’s bank routing number and bank account number on behalf of a Recipient, you represent and warrant that you have obtained from the Recipient the authorizations set forth in Section 4.6 above.
Alternatively, a Payor may invite a Recipient to set up their own Account and provide their appropriate payment information.
- MAKING PAYMENTS THROUGH THE SERVICES.
5.1. Payment Submission. Payments can be submitted for immediate or future processing via the Services. Payment submission requires at least the following to be specified:
- a Recipient;
- a payment method;
- a payment amount; and
- your invoice number.
5.2. Payment Information. Bryllian.com App may require additional information from you at the time you submit a payment. This may include, but is not limited to, requesting additional documentation related to a specific payment or additional details regarding the designated Recipient.
- PAYMENT AUTHORIZATION.
6.1. General Payment Authorization.
- By providing us with the names and account information of Recipients to whom you wish to direct payments, you authorize us and the Banks to follow the payment instructions that are received
from you. In order to process payments more efficiently and effectively, the Banks, at Bryllian.com App’s instruction, may submit payments to the best known Recipient address. When necessary, the Banks, at Bryllian.com App’s instruction, may alter payment data or data formats or change or reformat your Recipient account number to match the account number or format required by your Recipient for electronic payment processing.
- When Bryllian.com App or the Banks receive a payment instruction, you authorize each such party to debit your payment method and remit funds on your behalf. You also authorize Bryllian.com App or the Banks to
credit your payment method for payments returned to us by the
Post Office or Recipient, or payments remitted to you on behalf of
another authorized user of the Services.
6.2. ACH Authorization. Where you choose to pay a Recipient via ACH, you authorize Bryllian.com App or the Banks to debit your payment method in increments or as a lump sum and remit funds in accordance with your payment instructions through the ACH. You also give Bryllian.com App or the Banks the right to resubmit any ACH debit that is returned for insufficient or uncollected funds, or any other reason. You agree that payment transactions will be governed by the rules established by NACHA, the Electronic Payments Association, as in effect from time-to-time, under which you are an “Originator”, Bryllian.com App is a “Third Party Service Provider,” and the Banks are the “Originating Depository Financial Institutions.” You are responsible for all claims, demands, losses, liabilities and expenses (including attorneys’ fees and costs) that result directly or indirectly from your failure to perform your obligations under the NACHA rules and you indemnify Bryllian.com App and the Banks for the same.
- PAYMENT REVIEW.
7.1. Review. At any time post submission, your payment may be subject to review, which serves to better understand the nature of and reason for your payment. During this review process and for any reason, Bryllian.com App or the Banks may place a temporary hold on the delivery of your payment for as long as reasonably required to conduct an appropriate inquiry regarding you, the Recipient, your business, a bill, payment history, and other relevant circumstances and factors.
7.2. Cooperation. You acknowledge that Bryllian.com App’s ability to efficiently and effectively review your payment is reliant upon your cooperation, and you absolve Bryllian.com App and the Banks from any negative impacts to the delivery of your payment arising from delayed, incomplete, or insufficient responses to our inquiries.
7.3. Result of Payment Review. Depending on the results of this review, Bryllian.com App may instruct the Banks to clear the payment, reverse the payment, or hold the payment pending instructions from a government agency. Bryllian.com App also reserves the right to cancel any payment. In such cases and as permitted by applicable law, your funds will be returned to you via the original payment method, or if necessary via other means.
- RETURNED TRANSACTIONS.
Recipients or the United States Postal Service may return payments for various reasons such as, but not limited to, Recipient’s forwarding address expired, invalid bank routing number, invalid bank account number, Recipient remittance address is not correct, Recipient is unable to identify an account, or a Recipient account is paid in full. In addition, a Recipient may refuse to accept a payment, and neither Bryllian.com App nor the Banks will have liability for any resulting loss or damage. Bryllian.com App will use commercially reasonable efforts to provide you with notice of returned payments and will offer you through the Services the choice whether to void and credit or void and reissue the payments. You agree that neither Bryllian.com App nor the Banks shall have any liability for any such returned payments. Unless otherwise directed, Bryllian.com App will void such payments. You hereby authorize Bryllian.com App or the Banks to credit such payments to your payment method.
- INSUFFICIENT FUNDS.
You agree at all times to maintain sufficient funds in your payment method to satisfy all obligations including returns, reversals, and associated fees, and to add funds immediately if Bryllian.com App notifies you that your funds are insufficient. Without limiting any other available remedies, if any payment initiated from your payment method is returned because of insufficient funds, you must reimburse Bryllian.com App (or to the extent applicable, the Banks) for any corresponding payment amount immediately upon demand, plus exceptions processing fees, plus any bank fees, charges or penalties for return items. Bryllian.com App or the Banks also reserve the right to debit a Recipient’s account for money paid to the Recipient on your behalf if your payment is returned because of insufficient funds or any other reason. Each of Bryllian.com App and the Banks reserves the right to withhold funds from a payment to a
Recipient if the Payor has an outstanding balance with Bryllian.com App. You shall be solely responsible for all penalties, interest charges, late payment fees and service fees resulting from such a debit to the Recipient.
- PAYMENT CANCELLATION REQUESTS
Scheduled payments may be cancelled, rescheduled or modified by following the directions through the Services. There is no charge for canceling, rescheduling or modifying a payment before it is processed. However, once Bryllian.com App or the Banks have begun processing a payment, it cannot be cancelled, rescheduled or modified, and you must submit a stop payment request.
In the event that you as Payor initiate a chargeback, clawback, or ACH return for a payment that has already been transmitted to the Recipient, you agree to assign to Bryllian.com App any claims against your Recipient associated with such chargeback, clawback or ACHreturn. You further agree that we may contact your Recipient directly to request reimbursement for any payment that has been transmitted to the Recipient and for which you have initiated a chargeback, clawback, or ACH return.
In the event that Bryllian.com App receives a chargeback, clawback or ACH return, you as Recipient authorize Bryllian.com App to debit your Payment Method on file for the amount of the chargeback plus any associated fees or to withhold funds from future distributions.
11.1. Payment Refunds.
- In certain situations following a payment submission, you may request a refund by contacting Bryllian.com App at firstname.lastname@example.org. The availability of refunds and processes for their execution are dependent on the disbursement channels by which payments are delivered to Recipients. Bryllian.com App is unable to issue partial refunds.
- Bryllian.com App is also unable to initiate refunds in cases where a Recipient has already received your payment. If this is the case, you should contact your Recipient directly to request a refund, pursuant to their payment terms.
- In the event of a refund, Bryllian.com App will also refund a proportional amount of the Bryllian.com App Fee, less any unrecoverable costs Bryllian.com App or the Banks may incur. Principal refunds effected via clawback or chargeback mechanisms, however, will not result in a refund of the Bryllian.com App Fee, in whole or in part.
11.2. Refunds for Electronic Payments. Bryllian.com App may refund electronic payments, including those delivered via Electronic Fund Transfer (“EFT”), ACH and card network providers, prior to their disbursement.
11.3. Refunds for Check Payments.
- Bryllian.com App may refund payments disbursed via check prior to their deposit by your Recipient. If Bryllian.com App has already sent a check, we
may place a “stop payment” request to ensure it cannot be
deposited. In such cases, we suggest that you contact your
Recipient to let it know not to deposit the stopped check.
- If your Recipient attempts to deposit a stopped check, it may be charged a fee from its bank for the exception, which it may attempt to assign to you. You accept the responsibility of notifying your
Recipient to not deposit your check, and you agree not to hold
Bryllian.com App or the Banks liable for any costs you may incur from your
Recipient in such a case.
- Bryllian.com App FEES
12.1. Service Fees.
- You understand and agree that Bryllian.com App may charge Fees for access to and use of the Bryllian.com App Services. Fees will be charged to your payment method, either in a separate transaction from any principal payments or in a single transaction including both amounts,
depending on applicable rules.
- Fees for immediately processed payments are charged in real-time upon submission. Fees for Scheduled payments are locked in at
time of submission and will be charged on the payment’s Process
Date. If a Scheduled payment is edited prior to its Process Date,
the applicable Fee will be recalculated based on the presently
12.2. Fee Updates. Fees may vary, depending upon factors including but not limited to the payment’s Recipient, the payment method, and other variables both which may or may not be controlled by Bryllian.com App. Fees are subject to change at any time without prior notice and are calculated in real time and presented to you during review of your payment, prior to submission or edit.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL Bryllian.com App, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS,
SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “Bryllian.com App PARTIES”) OR THE BANKS, THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BANK PARTIES”) BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT Bryllian.com App OR THE BANKS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL LIABILITY OF THE Bryllian.com App PARTIES (IN AGGREGATE) TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED IN THE SIX (6) MONTHS PRIOR TO THE DATE UPON WHICH THE APPLICABLE CAUSE OF ACTION AROSE. FOR TEXAS RESIDENTS ONLY, EVOLVE SHALL BE LIABLE FOR ITS FAILURE TO REMIT FUNDS RECEIVED BY Bryllian.com App PURSUANT TO PARAGRAPH TWO OF SECTION 3.4 TO RECIPIENTS IN COMPLIANCE WITH YOUR
INSTRUCTIONS; PROVIDED, HOWEVER, THE TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE FUNDS TRANSFERRED TO Bryllian.com App BY YOU. SUBJECT TO THE PRECEDING SENTENCE, THE BANK PARTIES SHALL HAVE NO OTHER LIABILITY TO YOU UNDER THIS AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. In such case, the liability of the Bryllian.com App Parties shall be limited to the greatest extent permitted under applicable law.
You agree to defend, indemnify and hold the Bryllian.com App Parties and the Bank Parties harmless (including payment of reasonable attorney’s fees) against any claim or demand (including attorneys’ fees) made or incurred by any third party arising out of or relating to (a) your breach of any provision of this Agreement; (b) any actions taken by Bryllian.com App or the Banks pursuant to your instructions, including wage-and-hour law claims; (c) your use of the Bryllian.com App Services or any Bank services; (d) your obligations to pay fees or fines to Bryllian.com App, the Banks or any third parties; (e) negligence or willful misconduct of your affiliates, employees, contractors, or agents; and (f) all third-party indemnity obligations Bryllian.com App or the Banks incur as a direct or indirect result of your acts or omissions (including indemnification of any payment card network, card issuer, or intermediary bank).
- CLOSING YOUR ACCOUNT
You may request the closure of your Account at any time by emailing Bryllian.com App at support@SmartCheckin.us. Bryllian.com App also reserves the right to close your Account at any time with or without notice to you for any reason (including failure to pay Fees or inactivity). You will remain liable for all obligations related to your Account even after your Account is closed, including any fees or charges already due to Bryllian.com App.
You may not close your Account to evade an investigation. Any payments processed prior to Account closure will be completed by the Services, except
those that may be cancelled following a payment review, per Section 9. All scheduled payments for which you have not yet been debited at the time of Account closure will be considered cancelled.
- Bryllian.com App’S SUSPENSION AND TERMINATION RIGHTS
Bryllian.com App, in its sole discretion, reserves the right to suspend or terminate this Agreement, or suspend, terminate, or limit your access to, or use of, your Account or some or all of the Services at any time upon notice to you. Please note that Bryllian.com App reserves the right to terminate the Services at any time. Bryllian.com App will try to notify you in advance, but is not obliged to do so.
- CONSENT TO ELECTRONIC DISCLOSURES
17.1. Consent to Communications. Because the Services are provided electronically, you agree that Bryllian.com App may provide important information electronically. Bryllian.com App will issue the following information and disclosures (“collectively, “Communications”) electronically via the Bryllian.com App Services or via electronic mail (“email”):
these agreements or policies;
- Disclosures or notices provided in connection with theServices, including any required by applicable law;
- Any customer service communications, including communications with respect to claims of error or unauthorized use of the Services;
- Transaction history information, and
- Any other communications related to the Services or your Account.
Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Service.
17.2. No Obligation to Provide Paper Communication. Although Bryllian.com App reserves the right to provide Communications in paper format at any time, you agree that Bryllian.com App is under no obligation to do so. All Communications in either electronic or paper format will be considered to be “in writing.” You should print a paper copy of this Agreement and any Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the Services.
17.3. Withdrawal of Consent. You can withdraw your consent to receive most Communications from Bryllian.com App by emailing us at support@SmartCheckin.us or following the unsubscribe procedure contained in any Communication you receive from us. However, if you withdraw your consent, you may no longer be eligible to use certain portions of the Services. Bryllian.com App also reserves the right to terminate your Account if you withdraw consent to future electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after Bryllian.com App has a reasonable period of time to process your withdrawal, which period of time shall be no longer than fifteen (15) days, or such other time as is appropriate under the circumstances, as determined by Bryllian.com App in its sole discretion. Withdrawing your consent will not affect the completion of pending payments or the validity of completed payments.
17.4. Requesting Paper Documents. You have a right to receive Communications in paper form. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you. Bryllian.com App will provide paper copies free of charge. Requests to receive any paper copy may be made by mailing a written request to: 142 W 57th St, New York, NY 10019. We will provide a replacement Communication within fifteen (15) business days. In order for us to send you a paper copy of a Communication, you must have a current mailing address on file in your Account.
17.5. Consent to Text Messages. By entering into this Agreement or using the SERVICES, you agree to receive TEXT MESSAGES FROM Bryllian.com App AT THE TELEPHONE NUMBER THAT YOU PROVIDE TO US. YOU AGREE THAT TEXTS may be generated by automatic telephone dialing systems. TEXT MESSAGES from Bryllian.com App may include but are not limited to: operational communications concerning your Account or use of the Services, updates concerning new and existing features OF THE SERVICES, AND communications concerning promotions run by us or our third-party partners. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
- DISPUTE RESOLUTION AND ARBITRATION
18.1. Governing Law and Forum. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to conflict of law provisions. Any action, proceeding, arbitration hearing or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in San Francisco County, California.
18.2. WAIVER OF JURY TRIAL AND CLASS ACTIONS. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM MAY BE RESOLVED BY BINDING ARBITRATION AND THAT (i) YOU ARE GIVING UP ITS RIGHT TO HAVE A TRIAL BY JURY TO RESOLVE ANY CLAIM ALLEGED AGAINST THE Bryllian.com App PARTIES; (ii) YOU ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY CLAIM ALLEGED AGAINST THE Bryllian.com App PARTIES; (iii) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE
ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST Bryllian.com App AND/OR RELATED THIRD PARTIES.
In the event of a dispute, claim, or controversy (“Claim”) between you and Bryllian.com App or you and one or more Banks, arising from or relating in any way to this Agreement, the Services, or to the relationship formed between the parties as a result of this Agreement, including Claims regarding the applicability of this arbitration clause or the validity of the entire
Agreement, the Claim shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”)
under the AAA’s Commercial Arbitration Rules. All Claims are subject to arbitration, no matter what theory they are based on. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other source of law. Claims and remedies sought as part of a class action, private attorney general, or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. You and Bryllian.com App and you and one or more Banks (as the case may be) will agree on another arbitration forum if the AAA ceases operations. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you and Bryllian.com App or you and one or more Banks. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The prohibition against class action contained in this Section 26 shall be non-severable from the remainder of this Section 26.
18.3. Arbitration Terms. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the AAA in connection with the arbitration, as well as for any reasonable attorneys’ fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Rules and forms of the AAA may be obtained and Claims may be filed at any AAA office, www.adr.org, or 335 Madison Avenue, New York, NY 10017, telephone 1-800-778-7879. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This arbitration agreement applies to all Claims now in existence or that may arise in the future. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any Claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security, or other property interests for contractual debts now or hereafter owned by either party to the other. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND Bryllian.com App AND YOU AND ONE OR MORE BANKS MAY
OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.
19.1. Complete Agreement. This Agreement together with any other Bryllian.com App documents, policies and/or agreements referenced herein sets forth the entire understanding between you and Bryllian.com App with respect to the Services and you and the Banks with respect to banking services or payment processing services. The following sections of this Agreement and all other terms which by their nature should survive, will survive the
termination of this Agreement: 19 (Limitation of Liability), 20 (Disclaimer of Warranties), 26 (Dispute Resolution and Arbitration), 27 (Release of Bryllian.com App and the Banks), and 29 (General). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
19.2. Intellectual Property. “Bryllian.com App”, and all logos related to Bryllian.com App, are either trademarks or registered trademarks of Bryllian.com App or its licensors. You may not copy, imitate or use them without Bryllian.com App’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bryllian.com App. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Bryllian.com App website, any content thereon, the
Services, the technology related to the Services, and any and all
technology and any content created or derived from any of the foregoing, is the exclusive property of Bryllian.com App and its licensors.
19.3. Force Majeure. Neither Bryllian.com App nor the Banks shall be liable for any issues or delayed performance caused by circumstances beyond Bryllian.com App’s or the Banks’ reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, service provider failures or delays.
19.4. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without Bryllian.com App’s prior written consent. Bryllian.com App reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
19.5. Severability. If any provision of this Agreement is held to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.
19.6. No Waiver. If Bryllian.com App fails or delays in exercising any right, power or remedy or to take action against any breaches of this Agreement, it does not mean that it waives its right at a later time to enforce the same.