Getting Acquainted with Rules and Regulations

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Terms & Conditions

Things to consider before creating and transacting on APAYS

aPays services, the User ("you") agrees and binds yourself to comply with the aPays Terms of Use ("Terms") as follows:

The Terms govern and apply to your access and use of the aPays application and www.apays.top and other services operated or affiliated ("aPays", "We", or "Us") that are linked to the terms and conditions provided (“Site") and the APays mobile application with the terms & conditions provided (“App"). The Site and App are collectively referred to as the “Services"

BY CLICKING "REGISTER" ON THE SITE OR BY DOWNLOADING, INSTALLING OR ACCESSING OR USING THE APPLICATION OR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE PRIVACY POLICY.

You previously acknowledge and agree that:

  • The Application is licensed, not sold to you, and you may only use the Services as set forth in the Terms.
  • When you first create an account on the Services, we may ask for your mobile phone number to verify your account with a text message (SMS), and texts charged by your mobile network operator (operator) will apply.
  • Use of the Services may be subject to third party terms & conditions that are separate from the service and fees, including without limitation terms & conditions of service and data, SMS, MMS, and other carrier fees, which are your responsibility; and
  • The Services are provided “as is” without any warranty and APays obligation to you.


1. USE OF SERVICES
Subject to the Terms (including but not limited to your compliance with the Terms), you have a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the Application from an authorized service provider (such as the Apple App Store or Google Play Store) to your device, and to access and use the Services, in each case, solely for your personal use.
You may not:
  • (1) copy, modify, or create derivative works of the Services (or any part thereof) for any purpose.
  • (2) distribute, publicly display, publicly perform, transfer, sell, sublicense, loan, rent or make available the Services (or any part thereof) to any third party.
  • (3) decompile, reverse-engineer, disassemble or otherwise interfere with or circumvent the Services (or any part thereof), including without limitation any security mechanisms or access controls; or
  • (4) use the Services (or any part thereof) in any unlawful manner, for any unlawful purpose, or to do anything other than as intended in the Terms.
Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), without prior notice to you. Our Services also include advertising, which may be targeted to content or information on the Services, requests made through the Services, or from other information. The type and extent of advertising on the Services may also be subject to change from time to time. In consideration for providing you the Services, you agree that we and our third-party providers and partners may place advertising, on our Services or in connection with the display of content or information on our Services.

Certain features of our Services may be subject to additional terms and conditions, which will be attached to those features. Such additional terms and conditions will be referenced in the Terms of Use of the Services.

In order to download the Application, you may be required by a third-party providing services in connection with the Application, including but not limited to, Apple, Inc. or Google (each, a “Service Provider”) to create an account. You are responsible for maintaining the security of any login, password, or other credentials you choose or that are provided to you to access your account with a Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Services, are subject to the terms, conditions, and policies, including the Privacy Policy of the Service Provider. aPays is not responsible for any acts or omissions of any Service Provider. aPays does not provide you with the equipment to access or use the Services. You are responsible for all fees charged by a third party to access and use the Services (e.g., carrier fees). Without limiting the foregoing, you are solely responsible for payment of all carrier-related fees in connection with your use of the Services (such as voicemail, data plans, SMS, MMS, roaming and other carrier-imposed fees). Therefore, you should be careful in selecting the type of service provided by your carrier. If your device is lost or stolen, you must notify aPays immediately to prevent criminal activity.

2. ACCOUNT CREATION

In order to access and use the Services, you must register and create your account (“Account"). By creating an Account, you represent that you are of legal age to form a binding contract, are not a person barred from receiving the Services under the laws of the Republic of Indonesia or other applicable jurisdiction and have not previously been suspended or removed as a user of the Services.

When creating an Account, you may be asked to provide an email address and mobile phone number to verify your Account via text message. Please note that your carrier may charge you for text messaging. When creating an Account, you may also be asked to provide certain personal information about yourself including creating and filling in a username and password. We reserve the right to remove or reject a username if we deem it inappropriate, for example, if your username suggests that you are someone other than yourself.

You agree to provide and update accurate, current and complete information about your Account, including your mobile phone number. Without limiting the foregoing, in the event that you change or deactivate your mobile phone number, you must promptly update your Account information to ensure that your messages are not sent to the person who acquires your old number.

When creating an Account, you are not allowed to:

  • (1) provide us with false personal information (including a fake username) or create an Account for someone other than yourself without that person's permission.
  • (2) using a username that is another person's name with the intent to impersonate that person.
  • (3) using a username that is subject to the rights of another person without proper authorization; or
  • (4) use or connect financial instruments owned or on behalf of a party other than yourself to the APays application. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter is proven to be inaccurate, false or misleading, or We may delete the username you created through the Service if there is a violation of the Terms of Use of the Service. You are responsible for maintaining the confidentiality of your password and Account and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or may have fallen into the wrong hands. You are responsible for the activities that occur under your Account. If you have reason to believe that your Account is no longer secure, you must immediately notify us at info [at] apays.top

3. PAYMENTS
Access to the Services, or certain features of the Services, may require you to pay fees to aPays and, as applicable, other Service Providers. If you have any questions or issues with such payments, please contact aPays or the relevant Service Provider, as applicable.

4. COPYRIGHT POLICY

We do not permit copyright infringement or violation of intellectual property rights on the Service and will remove any material if we are notified that the content in question infringes another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that your content has been infringed, you may submit a notification by providing aPays with the following information in writing:

  • (1) A description of the copyright (e.g., a piece of content or a URL) that you claim has been infringed, accompanied by an electronic or wet signature of a person authorized to act on behalf of the owner of that copyright.
  • (2) Your address information, telephone number, and email address.
  • (3) Declare that the above information is accurate and provided in good faith and declare that you are the copyright owner or are acting for and on behalf of the actual copyright owner.

For this purpose, specifically, you can contact us at info [at] aPays.com

5. UNAUTHORIZED ACTIVITIES
Our Services may only be used and accessed for lawful purposes. You agree that you will not do any of the following while using or accessing the Services:

  • (1) attempt to access or search for the Services or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including without limitation, robots, crawlers, data mining tools or the like) other than the software and/or agents provided by us or generally available third-party web browsers.
  • (2) access, tamper with, interfere with or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or distributing viruses, adware, spyware, worms or other malicious code.
  • (3) collect and use information, such as other users’ names, real names, email addresses, or other information available on the Services to send unauthorized advertising, junk mail, spam or other unsolicited material.
  • (4) use the Services for any commercial purpose or for the benefit of any third party or in a manner not permitted by the Terms.
  • (5) violate any applicable law or regulation; or
  • (6) encourage or enable any other individual to do any of the foregoing; or
  • (7) interfere with any other user’s enjoyment of the Services, including without limitation by a) making unsolicited offers or advertisements to other users of the Services or b) attempting to collect personal information about other users or third parties without their consent. We reserve the right to investigate and prosecute violations of any of the foregoing and/or involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms.

6. INDEMNIFICATION
You agree to indemnify and hold aPays and its officers, directors, employees, consultants, advisors, affiliates, subsidiaries and agents harmless from any and all claims, costs, damages, liabilities and expenses (including without limitation attorneys’ fees) made against us in connection with or arising out of (i) your access to or use of the Services, (ii) your violation of the Terms or any applicable law or regulation, (iii) your violation of any third party rights, including without limitation any intellectual property right or right of publicity, confidentiality, property or privacy; or (iv) any dispute or matter between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect thereto), and you agree to cooperate with our defense of such claims.

7. THIRD-PARTY LINKS TO SITES
The Service also includes links to other sites and services that are not operated by us. We provide these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use of or reliance on any third-party sites. aPays may provide tools through the Service that allow you to export information, including without limitation content, to third-party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information.

8. CHANGES TO TERMS
We reserve the right to change the applicable Terms in the future. Please check the Terms periodically to see if there are any changes. In the event that changes to the Terms affect your rights and obligations, we will try to provide you with notification of the changes. We may provide notifications via pop-up messages or pop-ups message or banner within the Service; by sending an email to the address you used to register your Account, or through another similar mechanism. In addition, if changes to the Terms change your rights and obligations, we may ask you to re-consent to accept the changes to the Terms. . If we require your consent to changes to the Terms, the changes will only take effect after you accept the changes to the Terms. If you do not accept the changes to the Terms, you may notify Us in order to terminate your access to the use of the Services. All other changes will take effect upon publication of the Terms. changed. Disputes arising in connection with the Terms will be resolved in accordance with the provisions of the Terms in force at the time the dispute arises.

9. OWNERSHIP
Our Services (including without limitation the App) are protected by copyright, trademark, and other laws of the Republic of Indonesia. Except as expressly set forth in the Terms, we (or our licensors) exclusively own all right, title and interest in and to the Services (including without limitation the App), including all associated intellectual property rights. Except as expressly set forth in the Terms, you may not use the Services, and APays owns all rights to the Services. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including without limitation the App). You acknowledge and agree that any feedback, comments or suggestions you provide regarding the Services (including without limitation the App) (“Feedback") shall be the sole and exclusive property of aPays and you hereby grant all rights in and to such Feedback.

10. TERMINATION
If you violate any of the provisions of the Terms or We find any suspicious activity that violates the law, then We, with or without prior notice, may temporarily suspend your access to use the Services or permanently suspend your Account, after conducting an investigation supported by sufficient evidence for aPays to assess that there has been a violation or suspicious activity on your Account. We may also take other further actions (including legal actions) that are possible under applicable laws and regulations, including but not limited to, notification to related third parties, such as your account management bank, in connection with the violations we find to obtain follow-up from such third parties. For this purpose, you hereby grant an irrevocable authority to aPays to provide your personal data (which you have provided when creating an Account and/or when using the Services) to any third party that has collaborated with aPays in connection with the Services.

You may also request to suspend or permanently delete your Account by contacting Us via email at info [at] aPays.com Please note that we will continue to retain certain information (including without limitation your transactions) for analytical purposes, but that information will not include your personal information such as your name, email address, or telephone number. We will also retain any information (including without limitation your transactions) as required by law.

11. DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES (INCLUDING AND NOT LIMITED TO CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES) WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED CONDITION OR FREE FROM ERRORS OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ALL DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES (INCLUDING AND NOT LIMITED TO CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES) AND YOUR TRANSACTIONS WITH OTHER SERVICE USERS.

12. LIMITATION OF LIABILITY
OUR TOTAL LIABILITY TO YOU FROM ALL ACTIONS AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE ACTUAL DAMAGES DIRECTLY INCURRED BY US. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OBTAINED FROM THE SERVICES); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY SERVICE; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY PROVISION OF THIS ARTICLE MAY BE CHANGED AT ANY TIME AND REGARDLESS OF ANY OTHER TERMS AND CONDITIONS.

13. EXCEPTION
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

14. GENERAL
The Terms are governed by the laws of the Republic of Indonesia, without regard to conflict of laws rules or principles. We operate the Services from our offices in Indonesia and, as applicable, other countries, and we make no representation that the Services are appropriate or available for use in other locations. You may not assign or transfer your obligations or rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by law, the remaining provisions of the Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Services and supersede and replace any prior agreements between you and us relating to the Services.

15. DISPUTE RESOLUTION AND ARBITRATION
In the interest of resolving disputes between you and aPays in the most expedient and cost-effective manner, you and aPays agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by a court. In most cases, an arbitrator can award the same damages as a court. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claim arises during or after the termination of these Terms.

Any arbitration between you and aPays will be governed by the Indonesian National Arbitration Board (“BANI”) which is recognized as valid by the judicial institution in Indonesia with reference to the applicable regulations at BANI.

A party who intends to seek arbitration must first send to the other a written notice of the dispute, by certified mail or to aPays’ relevant email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) state the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we cannot reach an agreement within 30 days after the Notice is received, you or aPays may commence an arbitration proceeding.

Any arbitration hearing shall take place in Jakarta, and the decision by the arbitration, including the award on damages, costs of arbitration, and all parties' legal fees and other costs, shall be final and binding.

YOU AND aPays AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OR ON ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and aPays agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

If the class action waiver in the two paragraphs above is found to be unenforceable or if the entirety of the Dispute Resolution and Arbitration is found to be unenforceable, then the entirety of the Dispute Resolution and Arbitration may be vacated and, in such case, the parties agree that the exclusive jurisdiction of the courts of the Republic of Indonesia will govern any action arising out of or related to the Terms.

16. CONSENTING TO ELECTRONIC COMMUNICATIONS
By using Our Services, you consent to receive certain electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding electronic communication practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including without limitation such communications being in writing.

17. QUESTIONS & CONTACT INFORMATION
This service is provided by aPays, please contact us if you have any questions about these Terms. You can contact us by sending a letter to the above address or by emailing us at info [at] apays.top