This Framework Agreement ("Framework Agreement") sets out the general terms and conditions that apply to all payware accounts, services, and related agreements. This Framework Agreement is incorporated by reference into each specific agreement between you and payware, including but not limited to Account Terms, Payment Information Exchange Services Agreements, the API Agreement, Partnership Terms, and any Addenda (each a "Specific Agreement").
Hierarchy of Documents
In the event of a conflict between this Framework Agreement and a Specific Agreement, the following order of precedence applies (highest to lowest):
Where a Specific Agreement expressly addresses a matter covered by this Framework Agreement, the Specific Agreement shall prevail to the extent of the inconsistency.
Additional terms may apply for specific payment information exchange methods or types (the "Special Terms"). If Special Terms apply to a payment information exchange method, we will let you know before you use the method, and the Special Terms will form part of the applicable Specific Agreement. We may add, remove, or change payment information exchange methods at any time, with appropriate notice. Your continuing use of a payment information exchange method will constitute your agreement to any such changes. The Special Terms that apply from time to time are set out in the schedule of the applicable Specific Agreement.
Parties and Definitions
Each Specific Agreement, together with the applicable Account Terms, Fees pages, and any other terms and conditions that apply to our services, forms a legal agreement between "you" (the account holder) and "us" (payware LLC). If a word or phrase is not defined in a Specific Agreement, it will have the meaning given to it in the applicable Account Terms or in this Framework Agreement.
All Specific Agreements and this Framework Agreement are available on our website and you can download or ask for a copy by email at any time.
If you'd like more information, you might find it helpful to read our FAQs. The FAQs are for information only. They don't form part of our agreement with you.
The laws of the Republic of Bulgaria apply to all agreements between you and payware, and to any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with those agreements or their subject matter or formation. The provisions of the Law on Obligations and Contracts (ZZD) and the Commercial Code (TZ) shall apply to matters not expressly regulated in any agreement between you and payware. The provisions of the Commercial Code (TZ) apply exclusively to business accounts and do not apply to individuals utilizing a Personal Account as a consumer.
You and we irrevocably agree that the courts of the Republic of Bulgaria in Sofia shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any agreement between you and payware, or its subject matter or formation.
If you are utilizing a Personal Account as a consumer resident in the European Union, you also benefit from any mandatory provisions of the law of the country in which you are resident, and you may bring legal proceedings in the competent courts of your country of residence.
All agreements between you and payware are published in English. If any agreement is translated into another language, the translation is for reference only and the English version will apply. By entering into any agreement and accepting payware services, you confirm that you (and any of your authorized persons) understand English language and agree to communicate with payware in English language (or Bulgarian, where supported by payware) as far as the legal relations arising under those agreements are concerned, including with respect to submitting and resolving any complaints.
If you are a micro-enterprise registered in the Republic of Bulgaria, the relevant agreement shall be provided in Bulgarian. In the event of a conflict between the English and Bulgarian versions, the Bulgarian version shall prevail to ensure full compliance with local regulatory expectations and your protections as a small business entity.
If you hold a Personal Account as a consumer under applicable consumer protection laws, and we have provided you with a version of these terms in the official language of your country of residence, that local language version shall prevail in the event of a conflict between the English version and the local language version.
Consents, approvals, acceptances, and other statements given by you, an account administrator, or an authorized user using any payware web portal shall have the same legal validity as a signature on a written document, in accordance with the Electronic Document and Electronic Certification Services Act (ZEDEUU) of the Republic of Bulgaria. Agreements concluded via any payware web portal shall be treated as written agreements between you and us. Any instructions to conduct operations or other actions which are submitted through any payware web portal will be treated as being submitted by you.
Your acceptance of any payware terms - whether by clicking "Accept", completing a registration process, or continuing to use a payware service after notice of updated terms - constitutes a binding declaration of intent equivalent to a written signature under Bulgarian law.
Only you and we have any rights under our agreements. You may not transfer or assign any of your rights or obligations under any agreement with payware.
You agree and permit us to merge, reorganize, spin-off, transform or execute any other form of reorganization or restructuring of our company or business and/or transfer or assign all of our rights and obligations under any agreement to any third party. We will only transfer any of your and our rights or obligations under an agreement if we reasonably think that this won't have a significant negative effect on your rights under that agreement or we need to do so to keep to any legal or regulatory requirement, or it is done as a result of implementation of reorganization (or a similar process). You will be able to terminate your account without penalty by providing written notice within thirty (30) days of our notification about the assignment, merger, reorganization or any other similar notification. If you do not exercise this right within the thirty (30) day period, you shall be deemed to have accepted the assignment.
Anyone who is not a party to an agreement between you and payware has no right to enforce or enjoy the benefit of any term of that agreement. However, any third party we use to provide services or any affiliate of payware may enforce or enjoy the benefit of the terms of that agreement.
If you have broken any agreement between you and us and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date. Except as expressly stated otherwise in an agreement (such as a time-bar on claims), a person can only waive any right or remedy under an agreement or at law by giving written notice, not through their actions. In particular, a failure to exercise all or part of a right or remedy shall not be a waiver or limitation of all or part of that right or remedy.
If any provision of any agreement between you and payware is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties shall negotiate in good faith to replace the invalid provision with a valid provision that achieves, to the extent possible, the original intent.
For the purposes of all payware agreements, "micro-enterprise" has the meaning given in the Small and Medium-Sized Enterprises Act (ZMSP), as amended from time to time. The micro-enterprise classification shall be assessed in accordance with the ZMSP, including its provisions on linked enterprises, with respect to the specific legal entity that holds the payware account.
This section does not apply to personal accounts held by individuals acting outside any trade, business, craft, or profession.
Nothing in any agreement between you and payware is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either party the agent of the other party, or authorize either party to make or enter into any commitments for or on behalf of the other party. You and we agree that we are each acting on our own behalf and not for the benefit of any other person.
Each agreement between you and payware, together with this Framework Agreement and any other agreements expressly incorporated by reference, constitutes the entire agreement between you and us in respect of the subject matter covered by that agreement and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the applicable agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in any agreement.
Any claim arising under any agreement between you and payware must be brought within twenty-four (24) months of the date on which the claimant became aware, or ought reasonably to have become aware, of the circumstances giving rise to the claim. This limitation does not apply where a shorter period is specified elsewhere in these agreements, and does not override any mandatory minimum limitation periods applicable to consumers under the laws of their country of habitual residence.
We do everything we can to keep your account details safe. We ask you and all authorized persons to do the same by keeping your (and their) security details safe.
Security details include usernames, API keys (where applicable to your account type), and any passwords that allow access to any payware web portal.
You should keep your security details and you should disguise or protect them if you write them down or store them. Don't share your security details with anyone. Where your account includes API access, do not share your API keys with anyone who should not have access to them.
Here are some tips to help you keep your security details safe:
CHANGE YOUR PASSWORD IF YOU SUSPECT THAT YOUR SECURITY DETAILS COULD BE USED WITHOUT YOUR PERMISSION.
Write to us:
Report lost or stolen payware security details:
We'll usually communicate with you by text message or email. This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check your text messages and email account.
We'll usually communicate with you in English.
Please keep your details up to date and let us know immediately if any information you've given us changes. If we discover that any of your information is incorrect, we will update it.
When we refer to "email" we mean the email you provided to us during the onboarding process (unless you updated your email afterwards). It's important that you provide your primary email address and check it regularly. Should your email address change or should you have any trouble receiving or opening emails from us, you must notify us immediately. Otherwise, you agree that if an email has been delivered to your email address, you should have read it, even if you failed to do so for whatever reason.
To meet our legal and regulatory requirements we, or someone acting for us, might sometimes need to ask for more information. Please provide this information quickly so that there is no disruption to your account or our services.
Please act reasonably and responsibly when using any payware web portal, the Partner Platform, any API, or any other payware service. These services must not be used (directly or indirectly) as follows:
Please also act in a respectful way towards us and our support staff - we're here to help you.
You must comply with the payware Community Standards at all times when using any payware web portal, any social or community features, support channels, or any other communication facility provided by payware. Compliance with the Community Standards is a primary obligation under all agreements with payware.
"Strategic Disparagement" means the use of payware's social features, community forums, support channels, public review platforms, or any other communication facility - including the publication of technical critiques or regulatory commentary - with the intent or effect of circumventing the formal complaints process set out in the applicable Specific Agreement and Section D.2, or of creating reputational pressure to obtain a commercial outcome outside that process. Strategic Disparagement constitutes a material breach and may result in immediate suspension or closure of your account, tier downgrade, or termination of any partnership arrangements.
Good Faith Carve-out. For the avoidance of doubt, Strategic Disparagement does not include: (a) private technical feedback, bug reports, or feature requests submitted through payware's authorized support channels; (b) mandatory reports or disclosures to regulatory authorities, law enforcement, or supervisory bodies required by applicable law; (c) good-faith participation in legal or regulatory proceedings; or (d) factual, non-disparaging descriptions of the account holder's own experience published after the dispute resolution procedure under Section D.3 has been completed or has expired without resolution. This clause is intended to protect against the use of public-facing platforms as a commercial lever to circumvent the formal dispute process, not to restrict legitimate private communication, lawful regulatory engagement, or post-resolution factual commentary.
Exclusive Venue for Technical Critiques. The formal dispute resolution procedure set out in Section D.3 and the complaints procedure set out in Section D.2 are the exclusive venues for raising technical critiques, service availability complaints, or performance-related grievances. Publishing such critiques on public-facing platforms (including social media, review sites, industry forums, or press outlets) while a Dispute Notice is pending or before the fifteen (15) working day resolution period under Section D.3 has elapsed shall constitute prima facie evidence of intent to create reputational pressure and may be treated as Strategic Disparagement. The use of social features, public forums, or any external communication channel to highlight technical issues while a support ticket is active or before a Dispute Notice has been served constitutes a material breach of this section. This provision does not restrict the account holder's right to publish factual, non-disparaging descriptions of their experience after the dispute resolution procedure has been completed or has expired without resolution.
Consumer Accounts. If you are utilizing a Personal Account as a consumer under applicable consumer protection laws, this Section B.6 shall apply only to the maximum extent permitted by such laws, and does not restrict your statutory rights to publish factual reviews.
A material breach of any agreement you hold with payware (including any account terms, service agreements, partnership terms, or addenda), where such breach would also constitute a material breach if assessed under those terms, constitutes an exceptional circumstance that may result in the suspension or closure of any or all of your payware accounts. For the purposes of this clause, "you" includes any legal entity under common ownership or control with you, where "control" means direct or indirect ownership of more than fifty percent (50%) of the voting rights or equivalent ownership interest; provided, however, that for Partners operating under a Payment Institution Partnership Addendum or ISV Strategic Partner Addendum, this Cross-Default provision shall apply only to breaches committed by the specific legal entity that is a signatory to such Addendum, and shall not be triggered by the actions of its affiliates.
We may close or suspend your account immediately, and end your access to our website, in exceptional circumstances. Exceptional circumstances include, for example, the following:
Additional exceptional circumstances specific to your account type may be set out in your Specific Agreement.
If we close your account in exceptional circumstances, you will only be able to use payware websites and related services. Any payment information exchange methods will be rejected.
Closing your payware account and ending your agreement with us may also end any other agreements you have with us or through us with third parties.
If your account has been temporarily restricted, we may not be able to close your account until we have completed our enquiries.
We must refuse to process instructions, or delay a payment information exchange, in the following circumstances:
When we refuse to exchange payment information, we'll always (unless it would be unlawful or technically impossible for us to do so) try to let you know of that refusal, the reasons for that refusal (if possible), and the procedure for rectifying any factual errors that lead to that refusal. Such notification shall be given to you as soon as practicable following the refusal.
We won't be responsible for any losses you suffer as a result of us refusing or delaying payment information exchange.
You irrevocably waive any claims for damages (including but not limited to loss of profit, loss of business, loss of reputation, or consequential losses) against payware arising from payware's good-faith cooperation with, or mandatory reporting to (or reporting otherwise expressly permitted under an applicable agreement), regulatory or law enforcement authorities in connection with fraud prevention, suspected illicit activity, or sanctions compliance. This waiver extends to any account suspension, restriction, or closure carried out in connection with such cooperation or reporting, provided payware acts in good faith and in accordance with applicable law. If you are utilizing a Personal Account as a consumer under applicable consumer protection laws, this waiver applies only to the maximum extent permitted by such laws.
You must use the Services in a lawful and proper manner. This means that you must obey all international and domestic laws, rules, and regulations that apply. These may include the requirements of payment systems or other third parties, as well as legislative bodies.
You must comply with any requirements relating to refunds, the use or provision of financial services, payment services, notification and consumer protection, unfair competition, privacy, advertising, and any other laws relevant to your Transactions. These include the Law on Measures Against Money Laundering of the Republic of Bulgaria, the Law on Measures Against the Financing of Terrorism of the Republic of Bulgaria, the EU General Data Protection Regulation, the Data Protection Act of the Republic of Bulgaria, and the Consumer Protection Act of the Republic of Bulgaria.
You cannot use the Services to exchange information for any "Illegitimate Transaction". This means any transaction which is inaccurate, incomplete, not typical for your business or personal activities, without the authorization of the relevant counterparty (as defined in the applicable Specific Agreement), contrary to any applicable laws, suspicious, fraudulent, or made for purposes other than in connection with the purposes you have described to us. It also includes any transaction which is not a legitimate legal transaction.
We have no way of knowing if a transaction is an Illegitimate Transaction and you are responsible for identifying and preventing any Illegitimate Transactions. You must monitor whether your transactions are Illegitimate Transactions and, if you are unsure, take steps to ensure they are not Illegitimate Transactions before submitting them for information exchange. You are solely responsible for any losses you incur due to any Illegitimate Transactions.
You may not use the Services to enable you or any other person to benefit from any activities that we decide are a prohibited business or activity from time to time (collectively, "Prohibited Business"). Prohibited Business includes the use of the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the European Commission, the Republic of Bulgaria, the United States Office of Foreign Asset Control (OFAC), or the United Kingdom's HM Treasury (OFSI). It also includes any business or activity which we or any third party we use to provide the Services otherwise decides is a Prohibited Business.
If you are uncertain whether a category of business or activity is a Prohibited Business or have questions about how these restrictions apply to you, please contact us.
Whenever using the Services, you must also not do the following things, and must ensure that any third parties do not do them using your account:
The payment information exchange product that payware provides under any Specific Agreement is referred to as the "Services". payware is not a payment institution, does not provide regulated payment services, and at no time receives, holds, or transfers customer or merchant funds. Payment services are provided exclusively by participating payment institutions.
payware is a Technical Information Exchange Infrastructure provider. payware provides multi-sided payment information exchange services, which involve the technical routing of payment-related data between the payee and the payer's payment institution via digital channels (including QR codes, NFC, sound, deep links, barcodes, APIs, and similar technology). payware's service is strictly limited to the digital transmission of information. payware is not a payment institution, does not provide regulated payment services, does not execute payment transactions, does not handle or control funds, does not possess visibility over the underlying fund positions, and at no time receives, holds, or transfers customer or merchant funds.
The exchange of information does not guarantee the completion of a money transfer, but rather represents the intention of the payer and payee to initiate such a transfer. The responsibility of confirming the payer's intention and initiating the funds transfer falls solely on the relevant payment institution.
The payee and the payer shall be responsible for ensuring the accuracy of the payment-related information exchanged through the Services.
The payer's and payee's payment institutions shall be responsible for ensuring the completion of the money transfer and settlement.
The mode of money transfer shall be determined by the payer's payment institution and shall typically be executed as an account-to-account transfer.
payware shall provide the payee with information regarding the outcome of the money transfer based on the response received from the relevant payment institution.
Transient Technical Reflection. Where the payware platform or any payware web portal displays financial data - including but not limited to transaction histories or settlement amounts - such data is retrieved from the relevant payment institution's systems via API and is presented to you as a transient technical reflection of the payment institution's records. While payware may maintain a record of these notifications for your convenience, payware does not independently calculate, validate, or guarantee the accuracy of such financial data. The payment institution remains the sole authoritative source for all financial data. Any discrepancy between the data displayed in the payware portal and the payment institution's own records shall be resolved by reference to the payment institution's records, except as otherwise expressly provided in a Payment Institution Partnership Addendum for fee calculation and billing purposes.
Offline and store-and-forward transactions. Where payware's services support offline transaction queuing or store-and-forward functionality, the risk of data loss, corruption, or transmission failure for queued transaction data remains entirely with the party whose system stores the data (whether Merchant, ISV, or their device) until the transaction data is successfully transmitted to payware's systems and the relevant payment institution issues its authoritative status notification. payware's obligations (including its discharge from liability) commence only upon receipt and successful processing of the transaction data by payware's systems.
payware's services are provided in accordance with the following regulatory framework:
Directly applicable to payware:
Applicable to payware's payment institution partners (referenced for context only):
payware is not itself regulated as a payment institution, electronic money institution, or credit institution under PSD2, EMD2, CRD/CRR, ZPUPS, or ZKI. Because payware does not execute payment transactions, handle funds, or possess visibility over underlying fund positions, it is not an "obligated entity" within the meaning of Article 4 of ZMIP. All anti-money laundering, know-your-customer (KYC), and strong customer authentication (SCA) obligations are maintained and performed exclusively by the participating payment institutions, which are the regulated entities responsible for compliance with ZMIP, ZMFT, and applicable PSD2/ZPUPS requirements. References to these instruments are made solely to establish the regulatory context in which payware's partners operate and to define the compliance obligations that partners must fulfil.
Platform Integrity Verifications. Any identity verification, business verification, or background checks performed by payware during account onboarding or ongoing account review (collectively, "Platform Integrity Verifications") are conducted solely for the purpose of verifying the identity of the live person representing the business entity, preventing platform abuse, enforcing the Community Standards, and maintaining the integrity of the payware platform. Platform Integrity Verifications are not performed to satisfy statutory anti-money laundering, know-your-customer, or counter-terrorism financing obligations under ZMIP, ZMFT, or any equivalent legislation, which remain the exclusive responsibility of the participating payment institutions. References to "due diligence," "KYC," or "KYB" in any Specific Agreement or in payware's Privacy Notice shall be interpreted as Platform Integrity Verifications within the meaning of this section.
We provide the Services and all payware intellectual property "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee. No data, documentation or any other information provided by payware or obtained by you from or through the Services - whether from payware or another payware Entity, and whether oral or written - creates or implies any warranty from a payware Entity to you.
payware disclaims knowledge of, and does not guarantee:
Use of data you access or download through the Services is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access or download. You understand that payware makes no guarantees to you regarding transaction information exchange times or settlement times to your registered payment institutions' accounts.
Nothing in any agreement between you and payware operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under applicable law where to do so would contravene that law or cause any term of that agreement to be void.
If you are utilizing a Personal Account as a consumer, you benefit from statutory guarantees of conformity for digital services under applicable law, and nothing in this Section C.3 restricts those statutory rights.
Nothing in any agreement between you and payware shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, liability under any indemnities provided in the applicable agreement, or any other matter that cannot be excluded by law.
Exclusion of consequential losses
Under no circumstances will any payware Entity (meaning payware, its affiliates, and their respective directors, officers, employees, agents, and service providers) be responsible or liable to you for any:
For the avoidance of doubt, the exclusion of consequential losses in this Section C.4 does not apply to or limit the scope of indemnifiable losses under Section C.6.
payware Entities are not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your account, or data, or your failure to use or implement anti-fraud measures, security controls, or any other data security measure, other than to the extent such event arises directly from a breach of the applicable agreement by payware.
payware Entities have no liability to you or others caused by:
Aggregate liability cap
Subject to the applicable agreement, the aggregate liability of either party under or arising out of any agreement, whether arising in contract, tort (including liability for negligence), statute or otherwise, shall be limited to the amount of Fees paid by you to payware during the three (3) month period immediately preceding the event that gave rise to the claim for damages, unless a different liability cap is expressly specified in a Specific Agreement; provided, however, that this limitation shall not apply to or limit your obligation to pay any applicable Fees or revenue share amounts owed to payware under any agreement, nor shall it apply to or limit your indemnification obligations under Section C.6 or any other indemnification obligations expressly set out in an applicable agreement.
If you and payware have executed an ISV Strategic Partner Addendum, a Payment Institution Partnership Addendum, or any other agreement that expressly provides for a different liability cap, the liability cap set out in that agreement shall supersede the aggregate liability limit stated above to the extent expressly provided therein. Where multiple default agreements specify different liability caps, the highest default cap applicable to the relevant claim shall apply. However, where a custom Addendum (such as an ISV Strategic Partner Addendum or Payment Institution Partnership Addendum) expressly sets a liability cap, that Addendum cap shall constitute the absolute maximum aggregate ceiling across all agreements, regardless of whether it is higher or lower than any default cap.
The limitations on payware Entities' liability set out in this section will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Liability Cap by Agreement Type
The following table summarizes the default liability caps. Where a Specific Agreement provides for a different cap, the provisions of that Specific Agreement shall prevail:
| Agreement Type | Default Liability Cap |
|---|---|
| Account Terms and Exchange Agreements | Greater of: Fees paid in the preceding 3 months, or €100 |
| API Agreement | Greater of: Fees paid in the preceding 12 months, or €1,000 |
| ISV Strategic Partner Addendum | As specified in the Addendum |
| Payment Institution Partnership Addendum | As specified in the Addendum |
Where multiple default agreements apply to a single claim, the highest default cap among them shall govern. Where a custom Addendum applies, the Addendum cap shall constitute the absolute aggregate ceiling in accordance with the Aggregate liability cap provision above.
If you are utilizing a Personal Account as a consumer under applicable consumer protection laws, the liability caps in this section shall apply only to the maximum extent permitted by such laws, and do not restrict your statutory rights to seek compensation for foreseeable damages caused by our breach or negligence.
Losses from legal or regulatory requirements, or unusual or unexpected events
We will not be responsible for any losses you suffer or costs you have to pay because of a legal or regulatory requirement, or because there were unusual or unexpected events outside our control, unless those losses or costs result from us failing to meet our obligations to exchange payments information into your account.
However, we will not be responsible for losses or costs relating to us failing to exchange payments information into your account if this was because of events beyond our control which we could not have avoided, even if we had taken all reasonable steps to prevent them.
If you have broken any terms and conditions, and this has caused us to suffer a loss, the following will apply:
In addition to your other obligations under any agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.
You indemnify, and keep indemnified, payware, its affiliates, and their respective directors, officers, employees, agents, and service providers (each a "payware Entity") in full and on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by a payware Entity arising out of or in connection with:
If you are utilizing a Personal Account as a consumer under applicable consumer protection laws, this Section C.6 does not apply to you.
By accepting any agreement with payware, you represent and warrant that:
You retain ownership of all content, data, and information you submit to any payware service, including your business or personal profile, product descriptions (where applicable), and transaction details. However, you acknowledge and agree that payware owns all right, title, and interest in any anonymized, aggregated, or derived data generated by payware from your use of the Services, including but not limited to transaction volume analytics, usage patterns, performance benchmarks, and market insights (collectively, "Derived Data"). Derived Data does not include your personal data or data that can be used to identify you or your customers. payware may use Derived Data for any lawful purpose, including product improvement, market analysis, and benchmarking, without restriction or obligation to you.
We own all the intellectual property in our products (for example, the content in any payware web portal and on our website, and our logo). You must not use our intellectual property as your own, except to enjoy our products. You also must not reverse-engineer any of our products (that is, reproduce them after a detailed examination of their construction or composition).
Outside of a Specific Agreement, we may separately agree in writing to make certain payware logos or marks ("payware Marks") available for use by you. If we do, payware may limit or revoke your ability to use payware Marks at any time in writing. You cannot use any payware Marks or any of payware's other intellectual property rights - including, without limitation, patents, rights to inventions, copyright and related rights, moral rights, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in API documentation, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights - without first entering into a separate license agreement with us.
You shall not, nor directly or indirectly assist any other person to use the payware Marks in a way that is misleading as to the ownership of the payware Marks or otherwise do or omit to do anything to diminish our rights in the Marks or impair any registration of the payware Marks.
You may only use the trademarks or service marks of third parties we work with to deliver the Services in accordance with your rights to do so. You are not granted any such rights in these terms.
You agree that we can publicly identify you as a payware partner in our marketing and/or promotional material in respect of the Services. If you do not want us to identify you as a partner, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and payware. Upon termination of your account, both you and payware will remove any public references to our relationship from our respective websites or other publicly available materials.
If any legislative or regulatory development (including but not limited to the adoption of a revised Payment Services Directive (PSD3), the Financial Data Access Regulation (FiDA), or any implementing or delegated act thereunder) creates a material risk that payware's transaction information exchange services could be recharacterized as a regulated payment service, payment initiation service, or account information service, payware shall have the unilateral right to modify the technical flow, API structure, data exchange protocols, or commercial arrangements under any agreement to the extent necessary to ensure that payware's services remain outside the scope of regulated payment services.
payware shall provide thirty (30) days' written notice of any such modification, together with a description of the changes and their anticipated impact. payware may activate the modified technical flow at or after the expiry of the thirty (30) day notice period (or earlier if required by a regulatory effective date, in which case the notice period shall be shortened accordingly). You shall implement any necessary technical or operational adjustments within sixty (60) days of the notice. Where payware activates the modified flow before the expiry of the sixty (60) day implementation period, payware shall use reasonable efforts to maintain backward-compatible access to the prior flow during the remaining implementation period, but shall not be obliged to do so if continued operation of the prior flow would itself constitute a regulated activity. If you are acting in good faith to implement the required adjustments but require additional time due to the complexity of your integration, you may request a grace period of up to ninety (90) days beyond the initial sixty (60) day period by providing payware with a written migration plan demonstrating reasonable progress. During such grace period, you shall not be deemed in material breach solely by reason of operating under the prior technical flow, provided you are actively implementing the required changes in accordance with the agreed migration plan. If you fail to implement the required adjustments within the applicable period (sixty (60) days, or the extended grace period if granted), either party may terminate the affected agreement in accordance with its termination provisions.
This clause applies to all account types and supplements any more specific regulatory recharacterization provisions in a Specific Agreement (such as the Payment Institution Partnership Terms).
You are solely responsible for your relationship with your counterparties (whether they are your customers, payers, or other third parties). This means that you are solely responsible for the nature and quality of the products, services, or transactions you provide or facilitate, and for any other aspect of your relationship with your counterparties. You undertake to us to meet your responsibilities to your counterparties under any applicable laws.
We are not responsible in any way for your relationship with your counterparties or otherwise for the products, services, or transactions you publicize, provide, or facilitate. In particular, we will not provide your counterparties with any support regarding Transaction receipts, product or service delivery, returns, refunds, and any other issues related to your products, services, or activities.
However, it is very important to us that your counterparties understand the purpose, amount, and conditions of the charges you submit using the Services. With that in mind, when using the Services you must:
You will find information about transactions and other activities in your account in the payware business web portal or personal web portal, as applicable to your account type. Except as required by law, you are solely responsible for reconciling the information in the payware business web portal or through the payware APIs generated by your use of Services with your records and for identifying any errors. We provide no warranties, assurance or guarantees that the information set out on the payware business web portal or through the payware APIs will be always error free or up to date, or that access to the payware business web portal or through the payware APIs will be uninterrupted.
You agree to review your account and immediately notify us of any errors. We will investigate any reported errors, including any errors made by payware or a third party we use to provide the Services, and, when appropriate, attempt to rectify them. However, you should be aware that your ability to recover funds you have lost due to an error may be very limited or even impossible, particularly if we did not cause the error.
For transaction errors, we will work with you and our third-party providers to correct a transaction error in accordance with any applicable rules, regulations or laws. If you fail to communicate an error to us for our review without undue delay and, in any event, within ninety (90) days of the date the relevant transaction data was made available to you, you waive your right to make any claim against us or any third party we work with to deliver the services; provided, however, that this ninety (90) day limitation shall not apply to discrepancies discovered during a formal audit conducted in accordance with the applicable Specific Agreement.
If you are utilizing a Personal Account as a consumer under applicable consumer protection laws, this ninety (90) day limitation does not restrict your statutory limitation periods.
To use the Services, you must apply to, and be accepted by, us. As part of the application process, you must provide us with the information we request (the "Information"). The specific information required for your account type is set out in the applicable Specific Agreement.
As well as reviewing the Information you provide, we may also need to undertake further Platform Integrity Verifications (as defined in Section C.2) which may include retrieving information about you and, where applicable, your business or business activity from third parties. These third parties may include our service providers, credit reporting agencies, background checks and information bureaus. By agreeing to any Specific Agreement, you agree that we may retrieve this information, and you also agree that you will provide us with any reasonable assistance to provide that information.
We may also request Information from you, retrieve information about you, or review the information we hold about how you are using the Services, after your account is opened. If any Information you have previously provided changes or becomes incomplete or out of date, you must let us know. If you are a business account holder and you make any material changes to your business or your business activity, you must let us know as well.
When you use a specific payment information exchange method, we may also need to share any information received from you, or information obtained about you, or the information we hold about your use of the services, with the partners we use to process that payment information exchange method. We may need to do this when we are deciding whether to offer you the Services, or while you're using the Services.
We allow you to include different currencies in your payment transaction information exchanges. However, payware only transmits this data; any actual multi-currency settlement or conversion is executed entirely by the participating payment institutions. We call these things "Multi-Currency Processing".
If you use Multi-Currency Processing, the transaction involved payment institution will identify the currency exchange rate and any fees at the time of the charge. If a refund is subsequently issued, the transaction involved payment institution will apply the currency exchange rate at the time of the refund, not the rate as at the time of the original transaction.
Additional Multi-Currency Processing responsibilities specific to your account type may be set out in the applicable Specific Agreement.
You can authorize other people ("delegates") to carry out certain activities on your behalf. There may be several different categories of delegates with different access to payware provided resources and services, all referred to as "authorized persons".
We will treat all instructions and actions by authorized persons acting within the limits of their authority as if you had given that instruction or carried out that action yourself.
It is your responsibility to withdraw your authority from, or impose limits on, any authorized person (for example, if they are no longer employed by or trusted by you).
Any authorized person must be 18 or over. You are also responsible for all their activities. For example, if they lose their payware security details, it is your responsibility to tell us in line with the applicable terms, although you may ask them to tell us instead.
payware provides a basic account validation process without imposing any limitations on the account registration procedure. It is the responsibility of the account holder to guarantee that the registered payment accounts are authentic and accurate. It is imperative that your payment institution accounts registered with payware, and your account profile data, accurately reflect your payment institution's accounts profile data.
The payee's and the payer's payment institutions validate registered payment accounts prior to every transaction. If account information is incorrect the transaction will fail.
We'll always try to exchange your transaction information correctly and on time, but sometimes things go wrong, and transaction information might be delayed or not received. If something has gone wrong, inform your account holding institution or contact us as soon as possible.
We won't be responsible for the following:
The liability limitations set out in Section C.4 apply to our responsibility for payments sent to the wrong account, not sent at all, or delayed.
payware uses an exchange rate based on foreign-exchange markets. We use the most representative forex market rate available, which is generally the "midpoint" value.
The exchange rates are updated once every 24 hours and used only for your preferred currency visualization purposes throughout our websites and payware web portals. The previous day's historical exchange rates become available each day at 00:10 AM GMT. We provide the original transaction currency value as the source of truth for the transaction next to the visualized preferred currency value.
We won't be responsible for the following:
Initiated but not finalized transactions can be cancelled by the payee.
Processed and confirmed by the payer, transactions cannot be cancelled.
payware doesn't provide any mechanism to cancel a finalized payment. Because of the nature of account-to-account transfers, once a transaction has been processed and finalized by the payer's payment institution, it is final and irrevocable. It cannot be unilaterally cancelled by the payer's payment institution, and any return of funds must be handled as a new refund transaction initiated by the payee.
Additional cancellation provisions specific to your account type may be set out in the applicable Specific Agreement.
payware Confidential Information. payware may provide certain information to you that is confidential or proprietary ("payware Confidential Information"). payware Confidential Information consists of (a) your access keys, logins, API credentials, or tokens for any payware service or platform, any non-public elements of any payware service or platform, or any pre-release information about any payware service, and (b) anything identified or marked as "Confidential" or "Proprietary" or that you should reasonably understand to be confidential or proprietary under the circumstances. You may use payware Confidential Information only for the purposes of the applicable agreement. You may not disclose any payware Confidential Information to third parties, other than your employees, agents, and advisors with a need to know and for whom you agree to remain responsible.
Your Confidential Information. As a general principle, you should not disclose any information to payware that you consider to be confidential, unless appropriate confidentiality protections are in place. Any unsolicited information you provide to payware through the platform, support channels, or other standard communication channels will be treated as non-confidential and payware may use it freely. However, this does not apply to the extent: (a) you have entered into a separate non-disclosure agreement (NDA) or other confidentiality terms with payware; or (b) you have clearly marked the information as "Confidential" in writing prior to disclosure during pre-contractual or partnership negotiations, in which case payware will treat such information with reasonable care.
We may need to provide you with information or notices. We'll do so by letting you know through the applicable payware web portal or by contacting you at your registered email address. We'll consider something to have been received by you as soon as we send it. If you need to send us a notice, you may do so by email to formalcomplaints@payware.eu or through the applicable payware web portal. We'll consider your notice to have been received when we acknowledge receipt.
If you'd like to speak to someone about an issue that's concerning you, please contact us through the payware support center. We can usually settle matters quickly.
If you prefer, you can make your complaint using our complaints online form. Or you can email us at formalcomplaints@payware.eu.
You'll need to tell us:
We'll look into your complaint and respond to you by email. We will communicate with you in English. Our final response to your complaint, or a letter explaining why the final response has not been completed, will be provided to you within fifteen (15) business days after your complaint has been made, and in exceptional circumstances, within thirty-five (35) business days (and we will let you know if this is the case).
Irrespective of the above, you always have the right to approach the out-of-court dispute resolution authorities in relation to any complaint about our service. You also have the right to apply to any competent court if you think we have breached the law.
Out-of-court dispute resolution for complaints related to digital services. You can also rely on the mandatory consumer protection rules of the country where you live. In addition, the European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr in accordance with Regulation (EU) No 524/2013.
Out-of-court dispute resolution for complaints related to processing of personal data. If you are unhappy with how we have handled your request, you can complain to a data protection authority. In the Republic of Bulgaria and the European Economic Area, this is the Commission for Personal Data Protection (website).
If a dispute arises between you and payware (each a "Disputing Party") out of or in connection with any agreement or its subject matter, formation, validity or enforceability (including non-contractual claims) (each a "Dispute") then, except as expressly provided in the applicable agreement, the Disputing Parties shall follow this dispute resolution procedure.
Either Disputing Party shall give to the other written notice of the Dispute, setting out its nature and full particulars ("Dispute Notice"), together with any relevant supporting documentation. Any notice you give to us will be considered to be served when we acknowledge receipt. Following service of the Dispute Notice, the representatives of each of the Disputing Parties shall attempt in good faith to resolve the Dispute.
If the Dispute is resolved by the representatives within fifteen (15) working days of service of the Dispute Notice, the settlement shall be recorded in writing and signed by each of the Disputing Parties within five (5) working days.
Service of a Dispute Notice and completion of the fifteen (15) working day resolution period (or such longer period as the Disputing Parties may agree in writing) is a condition precedent to the commencement of any legal proceedings by either Disputing Party, except for proceedings commenced by payware for the collection of undisputed overdue amounts under Section D.7. Any proceedings commenced without a valid Dispute Notice shall be stayed pending compliance with this procedure, without prejudice to any applicable limitation periods.
Mandatory mediation for individually negotiated agreements. If the Dispute is not resolved within the fifteen (15) working day period, and the Dispute arises under or in connection with an ISV Strategic Partner Addendum, a Payment Institution Partnership Addendum, or any other individually negotiated agreement, the Disputing Parties shall submit the Dispute to mediation administered by the Bulgarian Chamber of Commerce and Industry (BCCI) before commencing any legal proceedings (except for proceedings commenced by payware for the collection of undisputed overdue amounts under Section D.7). The mediation shall be conducted in Sofia, Bulgaria, in English (or Bulgarian where required by law). If the Dispute is not resolved within thirty (30) days of the referral to mediation, or if a Party fails to participate in good faith in the appointment of a mediator within fifteen (15) days of referral, either Disputing Party may commence legal proceedings in accordance with Section A.2. The costs of the mediation shall be shared equally between the Disputing Parties, unless the mediator directs otherwise.
Notwithstanding the foregoing, a Disputing Party may apply for injunctive or other interim relief without first completing the dispute resolution procedure, but only where the applicant can demonstrate that: (a) it would suffer irreparable harm that could not be adequately compensated by damages if interim relief were not granted; and (b) it has made reasonable efforts to notify the other Disputing Party of the substance of its claim before filing the application. The application for interim relief shall not be deemed a waiver of the obligation to complete the dispute resolution procedure for the underlying Dispute.
To provide services under any agreement we will need to collect information about you (and any authorized person). Under data protection law, we are what is known as the 'data controller' of your personal information. For more information about how we use your personal information, see our Privacy Notice.
By entering into any agreement, you acknowledge that we need to gather, store and process personal information (including that of any authorized person) for the purpose of providing our services to you. This doesn't affect any rights and obligations you or we have under data protection law.
Our Privacy Notice sets out the lawful reasons for using your personal information.
If you no longer wish for us to process your information for the purpose of providing our services, you must close your account, which will end the agreement between you and us. If you do this, we'll stop using your information for the purpose of providing our services, but we may need to keep your information for other legal reasons.
For micro-enterprises and Personal Account holders: We'll only change the applicable terms and conditions for the following reasons:
If we add a new product or service that doesn't change the terms and conditions of your account, we may add the product or service immediately and let you know before you use the product or service.
Otherwise, we'll give you sixty (60) days' notice through the applicable payware web portal or by email before we make any change. We'll assume you're happy with the change unless you tell us that you want to close your account before the change is made (provided, however, that for Partners subject to a minimum Initial Term under a Specific Agreement or Addendum, such changes shall only take effect upon the commencement of the next Renewal Term, unless the change is required by applicable law).
For large corporations (business accounts only): We can change the applicable terms for any reason. If we add a new product or service that doesn't change the terms and conditions of your account, we may add the product or service immediately and let you know before you use the product or service. Otherwise, we'll give you fourteen (14) days' notice through the applicable payware web portal or by email before we make any change, provided, however, that for Partners operating under a Payment Institution Partnership Addendum or ISV Strategic Partner Addendum, the notice period for any material changes to these terms shall be sixty (60) days. We'll assume you're happy with the change unless you tell us that you want to close your account before the change is made (provided, however, that for Partners subject to a minimum Initial Term under a Specific Agreement or Addendum, such changes shall only take effect upon the commencement of the next Renewal Term, unless the change is required by applicable law).
Once the agreement has started it won't end until you or we end it.
Cancellation: If we offer you a free trial period (applicable only to standard Merchant or Personal subscription plans, and excluding custom enterprise, ISV, or PI partnerships) and you decide that the account isn't right for you, you can cancel the agreement for free at any time within the trial period. You can do so through the applicable payware web portal.
Automatic renewal and ending the agreement after a trial period: Unless you cancel the agreement during the trial period, you can close your account, and so end the agreement, at any time (subject to any minimum term commitments or notice periods specified in a Specific Agreement or Addendum). You should do this through the applicable payware web portal.
You will still have to pay any charges you've run up to that point.
Termination by payware. We can end the applicable agreement at any time by giving you sixty (60) days' notice. We can also end it at any time without notice if the exceptional circumstances described in Section B.8 apply, or if any other immediate termination ground is specified in the applicable Specific Agreement.
Consequences of termination. If you or we end the applicable agreement:
Additional termination provisions specific to your account type may be set out in your Specific Agreement.
Survival. The following provisions shall survive termination or expiry of any agreement: Part A (General Legal Terms), Section B.6 (Strategic Disparagement), Section B.7 (Cross-Default), Section B.10 (Regulatory Reporting Safe Harbor), Section C.1 (Nature of payware Services), Sections C.4 through C.8 (Limitation of Liability, Your Responsibility for Our Losses, Indemnity, Representations and Warranties, Derived Data Ownership), Section C.9 (Intellectual Property), Section C.12 (Reconciliation and Error Notification), Sections C.15 through C.19 (Authorized Persons, Account Validation and Misdirected Payments, Exchange Rate Visualization, Payment Cancellation, Confidentiality), and the entirety of Part D (Administrative) and Part E (Data Protection and Portability). Any rights and obligations that by their nature should survive, including accrued payment obligations and pending dispute resolution proceedings, shall also survive.
Consumer right of withdrawal. If you are a consumer entering into a distance contract within the meaning of Directive 2011/83/EU, you may have a statutory right of withdrawal. The specific withdrawal terms, periods, and any applicable exceptions are set out in the applicable Specific Agreement (for Personal Accounts, see Section 13 of the Personal Account Terms). This Framework Agreement acknowledges and does not derogate from those statutory rights.
If you owe us money and you don't repay us within the timeframe specified in your Specific Agreement, we can recover the amount by taking legal steps to recover the money you owe us, such as instructing lawyers or debt collectors.
If we take any (or all) of these steps, we might charge you our reasonable costs. You do not have any right of set-off under any agreement with payware, except for the application of valid credit notes expressly issued to you by payware under an applicable agreement.
You agree to pay all amounts owed to us and to our affiliates on demand. This includes amounts owed to us outside of the applicable Services. If you don't, you will be liable for any costs we incur during collection in addition to the amount you owe.
Neither party shall be liable for any failure or delay in performing its obligations under any agreement where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, pandemics, wars, government actions, sanctions, significant regulatory changes, power or telecommunications failures, systemic failures of major third-party cloud or hosting infrastructure providers (such as regional data center outages), systemic failure of a major regional payment infrastructure (such as SEPA, domestic instant payment schemes, or central banking settlement systems), denial-of-service attacks, the unavailability or material degradation of a payment institution's API or core banking systems, or the revocation, suspension, or material restriction of a payment institution's license or authorization by a competent supervisory authority ("Force Majeure Event"). Notwithstanding the foregoing, a Force Majeure Event shall not excuse or delay either party's obligation to pay any outstanding fees or monetary amounts owed under any agreement.
A Force Majeure Event is distinct from a Technical Error and from a Payment Failure.
A "Technical Error" means a defect, malfunction, or misconfiguration in payware's systems, a partner's systems, or a payment institution's systems that is within the affected party's reasonable ability to prevent or correct. Technical Errors are subject to the error notification and correction provisions of the applicable Specific Agreement (including any applicable waiver periods, such as the ninety (90) day period set out in Section C.12).
A "Payment Failure" means a failure by a payment institution to complete a fund transfer to the payee's account for any reason - including but not limited to insufficient funds, payer bank rejection, sanctions screening holds, internal AML/fraud blocks, or settlement system delays - that occurs after the payment institution has received and processed the payment instruction. A Payment Failure is a regulated event within the exclusive competence and responsibility of the payment institution and does not constitute a Technical Error of the payware platform. payware shall not be liable for any Payment Failure, and no Payment Failure shall give rise to any claim against payware by any account holder, merchant, ISV, or other party.
If a Force Majeure Event continues or recurs for a cumulative period exceeding sixty (60) days, either party may terminate the affected agreement upon written notice, without liability for such termination.
The party affected by a Force Majeure Event shall: (a) promptly notify the other party in writing of the nature and expected duration of the event; (b) use reasonable efforts to mitigate the impact of the event; and (c) resume performance as soon as reasonably practicable after the event ceases.
Upon closure or termination of your account, you will no longer be able to access any payware web portal. You should download any data you need while your account is still active.
Notwithstanding the above, your rights under applicable data protection law - including the right to data portability under Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (ZZLD) - are not affected by the closure of your account. You may exercise your data portability rights in accordance with our Privacy Notice by contacting us at the address specified in Section B.2. payware shall respond to valid data portability requests within the timeframes required by applicable law.
All amounts payable under any agreement with payware are net of taxes and exclude any applicable taxes, fees and other financial liabilities imposed by any governmental authority, including any value added tax, withholding tax, goods and services tax, sales tax and applicable indirect and transactional taxes that are due, payable and/or levied on Transactions and/or your use of the Services (the "Taxes"), except as expressly stated otherwise. You have sole responsibility for determining what Taxes apply when you use the Services and complying with your reporting and other obligations.
We may send documents to you and Tax authorities for Transactions exchanged using the Services. This may include the filing of periodic informational returns with Tax authorities about your Transactions.
Even though you are solely responsible for your Taxes, if we incur any third-party claims, losses, damages, costs, expenses, demands, and/or fines in connection with your failure to discharge your responsibilities in respect of Taxes, then you shall indemnify and reimburse us for all such claims, losses, damages, costs, expenses, demands, and/or fines immediately upon demand.
In addition to any Fees or Addendum applicable to your account, you are also responsible for any and all costs, penalties, liabilities, charges, fees, levies, expenses and/or fines imposed on you or on us by us or any third party in connection with your use of the Services. This means you must pay any such amount on demand.
Our Privacy Notice (the "Privacy Notice") sets out how we acquire, use, and process Personal Data and applies to the provision of the Services. You acknowledge that you have read the Privacy Notice. Capitalized terms used but not defined in this section have the meanings given to them in relevant data protection laws.
Personal Data provided in accordance with any agreement may relate to your individual employees, representatives, or officers using the Services. Where we process such data, you act as Controller where you determine the purpose and manner of processing. In such circumstances, the provisions of Schedule 1 (Data Processing Addendum) shall apply.
Personal Data disclosed in accordance with any agreement may relate to natural persons who are customers of the participating payment institutions. When we transmit this data to you to facilitate a Transaction, both you and the relevant payment institution process such data as independent Controllers for your respective purposes. In such circumstances, the respective privacy policies of you and the payment institution shall apply to that processing.
However you acknowledge and agree that where we each determine the purpose and means of Personal Data processing, payware and you are each independent and separate Controllers in respect of the Disclosed Personal Data and as such, each of you and us shall solely determine the legal basis and conditions for which it processes the Disclosed Personal Data as described in its privacy notice or other notice required under relevant data protection laws.
We will process the Disclosed Personal Data as a Controller for the purposes of providing the Services as necessary to comply with all applicable legal and regulatory requirements, for the purposes of our internal fraud, security, risk management, and as set out in the Privacy Notice, to the extent relevant to the Services.
Summary of Data Processing Roles:
| Scenario | Your Role | payware's Role | Governing Framework |
|---|---|---|---|
| Your employees/representatives using the Services | Controller | Processor | Schedule 1 (Data Processing Addendum) |
| Customer Personal Data transmitted to facilitate a Transaction | Independent Controller | Independent Controller | Each party's own privacy notice |
| Disclosed Personal Data where both parties determine purpose and means | Independent Controller | Independent Controller | Each party's own privacy notice |
| Providing the Services, regulatory compliance, fraud/security | - | Controller | Privacy Notice |
| Creating an activity webpage on your behalf | Controller | Processor | Schedule 1 (Data Processing Addendum) |
Without limiting your obligations and our rights above, in respect of any Disclosed Personal Data processed pursuant to any agreement you represent and warrant to us that, acting as a Controller, you will:
Subject to any liability limitation in any agreement, you and we agree that you and we will be held liable for violations of relevant data protection laws towards Data Subjects as follows:
payware processes Personal Data as a Processor on your behalf to provide the Services. This includes instances where payware processes your Personal Data to create a webpage (accessible via a unique link (URL)) for your activity. payware shall: