ARBOR SERVICES OOD D.B.A. EMPAYO - TERMS AND CONDITIONS

This document ("Terms") governs your use of Arbor Services OOD d.b.a. Empayo ("Empayo," "we," "us," "our") services. By accepting these Terms during registration, you also accept and agree to be bound by our Data Processing Agreement, Privacy Policy, GDPR Notice, PIPEDA Privacy Notice, UK Data Protection Act Notice, and CCPA Privacy Notice, each of which forms a part of these Terms.
1. Identity and Contact Details of the Organisation
Arbor Services OOD d.b.a. Empayo, located at 58 Debar str., fl. 7, 9000 Varna, Bulgaria.
2. Acceptance of Terms
By using our services, you confirm that you accept these Terms and agree to abide by them. If you do not agree to these Terms, you must not use our services.
3. Description of Services
We provide comprehensive payment processing, acquiring, and payout services on behalf of third-party companies, facilitating secure transactions between businesses and private individuals. Our services include:
a. Payment Processing: We enable businesses to accept payments from their customers, processing transactions securely and efficiently.
b. Acquiring Services: We offer acquiring services, facilitating the settlement and processing of payment transactions between merchants and card issuers or acquiring banks.
c. Payout Services: We provide payout services, allowing businesses to disburse funds to their vendors, suppliers, or other individuals securely and timely.
Please note that specific terms and conditions related to payment processing, acquiring, and payout services will be outlined in the official e-wallet platform service agreement.
4. Service Pricing and Client Agreement
a. Service Pricing: Before or after the registration process, each client will receive a commercial proposal from us outlining the pricing and fees associated with our services. The commercial proposal will provide detailed information on the costs, charges, and any applicable transaction fees. The pricing details provided in the commercial proposal will be incorporated into the official platform service agreement.
b. Client Agreement: Upon completion of the registration process, each client will be required to electronically accept and sign the official platform service agreement. This agreement will outline the terms and conditions specific to the client's use of our services, including the pricing as detailed in the commercial proposal. The client agreement will be a legally binding document that governs the relationship between Empayo and the client.
c. KYC Process: As part of the Know Your Customer (KYC) process, clients may be required to provide additional information and documentation to verify their identity and ensure compliance with applicable regulations. The KYC process will be conducted in accordance with our Data Processing Agreement and relevant privacy notices, and the information collected will be handled securely and in compliance with applicable data protection laws.
5. Your Responsibilities
You are responsible for all activities that occur under your account and for keeping your account login credentials confidential.
6. Privacy and Data Protection
We are committed to protecting your privacy and handling your data in an open and transparent manner, in accordance with applicable privacy and data protection laws worldwide. Our data protection practices are outlined in our Data Processing Agreement, Privacy Policy, GDPR Notice, PIPEDA Privacy Notice, UK Data Protection Act Notice, and CCPA Privacy Notice, which are incorporated by reference into these Terms. By using our services, you consent to such processing and warrant that all data provided by you is accurate.
Our data protection practices are designed to ensure the security, confidentiality, and integrity of your personal information.
a. Data Collection and Use: We collect and process personal information in accordance with our Data Processing Agreement, Privacy Policy, and applicable laws. The personal information we collect may include, but is not limited to, identity and contact details, financial information, and transaction information. We use this information for the purposes outlined in our privacy documents and as required to provide our services to you.
b. Data Sharing and Third-Party Services: We may share your personal information with third-party service providers, business partners, or other trusted entities as necessary to facilitate and enhance our services. These entities are obligated to protect your personal information in accordance with applicable laws and regulations and are not permitted to use your personal data for purposes other than those related to the services we provide.
c. Cross-Border Data Transfers: Your personal information may be transferred to and stored in countries outside of your own, including countries that may have different data protection laws from your jurisdiction. We will take appropriate measures to ensure that any international transfers of personal information comply with applicable data protection laws.
d. Data Retention: We retain your personal information for as long as necessary to fulfill the purposes outlined in our privacy documents, comply with legal obligations, resolve disputes, and enforce our agreements.
e. Your Rights: You have rights regarding your personal information, including the right to access, rectify, erase, restrict processing, and object to the processing of your personal information. You also have the right to withdraw your consent, where applicable.
f. Security Measures: We implement technical and organizational security measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction.
g. Contact: For any questions or concerns regarding the privacy and data protection of your personal information, please contact our Privacy Officer at info@empayo.com.
7. Third-Party Services
Our services involve the use of third-party payment providers and financial institutions. By accepting these Terms, you also agree to the data sharing practices outlined in our Data Processing Agreement and Privacy Notices.
8. Limitation of Liability
To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our services or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our services; or use of or reliance on any content displayed on our services.

9. Modification of Terms and Governing Agreement
a.    Modification of Terms Certain terms and conditions outlined in these Terms and Conditions may be subject to modifications in the official platform service agreement that clients will sign. In the event of any inconsistencies or conflicts between these Terms and the platform service agreement, the provisions of the platform service agreement shall prevail.
b.    Official Platform Service Agreement Upon completion of the registration process, clients will be required to electronically accept and sign the official platform service agreement. The platform service agreement will supersede and replace any previous versions of these Terms and Conditions. It will govern the client's relationship with Empayo, including the use of our services, fees, responsibilities, and other relevant terms and conditions.
c.    Review and Acceptance Clients are responsible for carefully reviewing the terms and conditions outlined in the platform service agreement before accepting and signing it electronically. By accepting the platform service agreement, clients acknowledge that they have read, understood, and agreed to all its provisions.
d.    Amendments to the Platform Service Agreement Empayo reserves the right to make amendments to the platform service agreement from time to time. In such cases, clients will be notified of any material changes and provided with the opportunity to review and accept the revised agreement. Continued use of our services after the effective date of the amended platform service agreement constitutes acceptance of the modified terms.
e.    Governing Agreement The official platform service agreement, once accepted and signed by the client, governs the relationship between Empayo and the client, supersedes any prior agreements or understandings, and takes precedence over these Terms and Conditions.

10. Governing Law and Jurisdiction
These Terms, their subject matter, and their formation are governed by Bulgarian law.