Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Trust Paycon website, mobile applications, or any other products and services provided by Trust Paycon (collectively, the "Services").

1. Definitions

Throughout these Terms, the following terms will have the meanings defined below:

• "Trust Paycon," "we," "our," or "us" refers to Trust Paycon Financial Services, Inc., including its affiliates, subsidiaries, and parent companies.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Account" refers to a registered account with Trust Paycon that allows you to access and use our Services.
• "Content" refers to any information, data, text, graphics, images, videos, software, or other materials that are displayed, offered, or made available through our Services.
• "Personal Information" refers to information that can be used to identify you, as further defined in our Privacy Policy.

2. Accepting the Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use our Services.

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of our Services after such changes constitutes your acceptance of the updated Terms.

If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms, and your agreement to these Terms will be treated as the agreement of the business or entity.

3. Account Registration

3.1 Account Creation

To access certain features of our Services, you may be required to create an Account. When creating an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to create an Account and use our Services. By creating an Account, you represent and warrant that you meet these eligibility requirements.

3.3 Verification

We may require you to provide additional information or documentation to verify your identity, in accordance with applicable laws and regulations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) requirements. You agree to cooperate with such verification processes and provide accurate and truthful information.

3.4 Account Security

You are responsible for maintaining the security of your Account and for any activities or actions under your Account. You must:

• Keep your Account credentials confidential
• Use strong, unique passwords
• Enable two-factor authentication when available
• Log out from your Account after each session when using shared devices
• Notify us immediately of any unauthorized use of your Account or any other security breach

We will not be liable for any loss or damage arising from your failure to maintain adequate security of your Account.

4. User Conduct & Prohibited Uses

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services for any illegal or unauthorized purpose
• Engage in any fraudulent, deceptive, or manipulative activity
• Attempt to circumvent any security measures or access controls implemented by Trust Paycon
• Use our Services to transmit any viruses, malware, or other malicious code
• Interfere with or disrupt the integrity or performance of our Services
• Harass, abuse, or harm another person or entity
• Impersonate another user, person, or entity
• Use our Services to collect or harvest personal information of other users
• Use our Services in any manner that could disable, overburden, or impair our systems
• Use any robot, spider, crawler, scraper, or other automated means to access our Services
• Reverse engineer, decompile, or disassemble any portion of our Services

We reserve the right to investigate and take appropriate action against any user who violates these provisions, including suspending or terminating their Account, reporting to law enforcement authorities, and taking legal action.

5. Fees & Payments

5.1 Fees

We may charge fees for certain aspects of our Services. All fees will be disclosed to you before you incur them. We reserve the right to change our fees at any time, with notice to you as required by applicable law.

5.2 Payment Terms

You agree to pay all applicable fees and charges incurred in connection with your use of our Services. By providing a payment method, you authorize us to charge that payment method for all fees incurred.

5.3 Refunds

Refunds, if available, will be provided in accordance with our refund policy, which may be updated from time to time. Certain fees may be non-refundable, as specified at the time of the transaction.

5.4 Taxes

You are responsible for all taxes associated with your use of our Services, other than taxes based on Trust Paycon's income. Fees and charges are exclusive of applicable taxes unless otherwise stated.

6. Intellectual Property

6.1 Ownership

Our Services, including all content, features, functionality, and underlying technology, are owned by Trust Paycon or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services for your personal or internal business purposes.

6.3 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Services
• Reverse engineer or attempt to extract the source code of our software
• Remove any copyright, trademark, or other proprietary notices
• Use our Services for any commercial purpose without our prior written consent
• Create derivative works based on our Services

6.4 User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant Trust Paycon a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such User Content for the purpose of providing and improving our Services.

7. Disclaimers & Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUST PAYCON DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. WE DO NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULTS FROM USING OUR SERVICES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUST PAYCON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR SERVICES
• ANY CONTENT OBTAINED FROM OUR SERVICES
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU HAVE PAID TO TRUST PAYCON FOR USE OF OUR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Termination

9.1 Termination by You

You may terminate your Account at any time by following the instructions in your Account settings or by contacting our customer support. Termination will be effective immediately, but some information may be retained in our records to comply with legal obligations.

9.2 Termination by Trust Paycon

We may suspend or terminate your access to our Services, in whole or in part, at any time for any reason without notice, including if:

• You violate these Terms
• We are required to do so by law
• We believe your actions may cause legal liability for you, other users, or Trust Paycon
• We believe your Account has been compromised or is being used fraudulently
• We decide to cease providing our Services

9.3 Effect of Termination

Upon termination:

• Your right to use our Services will immediately cease
• We may delete or archive any information or content associated with your Account
• You remain liable for all obligations incurred before termination
• Sections of these Terms that by their nature should survive termination will survive termination

10. Governing Law & Dispute Resolution

10.1 Governing Law

These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or our Services shall be resolved through the following process:

• Informal Resolution: We encourage you to contact us first to seek an informal resolution of any disputes.
• Arbitration: If the dispute cannot be resolved informally, it shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
• Location: The arbitration will be conducted in New York, New York, unless otherwise agreed by the parties.
• Award: The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND TRUST PAYCON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

11. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our Services, or by other means, to give you a reasonable opportunity to review the changes before they become effective. If you continue to use our Services after the changes become effective, you agree to be bound by the revised Terms.

If you do not agree to the revised Terms, you must stop using our Services and terminate your Account.

12. Contact Information

If you have any questions about these Terms, please contact us at: