1.1 The Stronghold Pay solution is provided to you by Stronghold Institutional Services LLC (Stronghold, we, us, our) and your use of the Service is subject to these Terms and Conditions (Terms).
1.2 A reference to you or your in these Terms is a reference to the user who has registered and is using the Service.
1.3 By using the Service you agree to these Terms. If you do not agree to these Terms you should not use the Service.
2.1 The Service enables users to make payments to Stronghold clients who have registered with Stronghold to be able to receive payments via the Service and have enabled the necessary systems and functionality at their point of sale, whether in-store or online (Stronghold Merchants).
3.1 In order to register to use the Service with Stronghold you must:
3.2 To register, you will be required to provide your name, date of birth and cell service. Further verification will be done using (2FA) 2-factor-authentication for registration and at the point of sale.
3.3 Stronghold may reject a PIN or password at its discretion. You can change your PIN or password at any time using the settings in the app. If you forget your PIN or password at any time then these can be reset using the relevant functionality in the App.
3.4 Stronghold uses third parties to:
(Payments Integrators). You must ensure that your bank's terms and conditions allow you to link your bank account with the Service via the Payments Integrator's integration services and allow us and Payments Integrators to initiate and process payments from your bank account.
3.5 Registration on the App does not create a bank account and no funds will be held with Stronghold.
4.1 You can initiate a payment from your linked bank account to the Stronghold Merchant during the checkout process.
4.2 By initiating a payment through the Service you are authorizing Stronghold (and the Payments Integrators) to make a payment request (via an 'application programming interface' between Stronghold's/the Payments Integrators' systems and your bank's systems) to debit your linked account with the amount of the payment and to transfer that amount to the Stronghold Merchant. You must have sufficient available funds in your account to cover the amount of the payment in order to ensure that the payment can be completed and to avoid being charged any overdraft or other fees your bank may charge in accordance with its terms.
4.3 If your bank blocks a transaction (for example if the transaction is flagged by its fraud detection systems) you will not be able to complete the transaction using the Service.
4.4 Once a payment is authorized in the Service it is irrevocable and cannot be reversed. You must ensure the amount of the payment is correct before it is authorized.
4.5 Any payment made using the Service will be processed in accordance with the standard process and timelines for internet banking initiated electronic transactions.
4.6 Payments made using the Service will appear on your bank statement in the same manner as an ACH banking transaction.
5.1 Stronghold does not charge any fees for the use of the Service, however, your usual account fees will apply to all payments made using the Service. You may be charged fees by your bank, and/or by your mobile service provider for any data used when downloading, updating or using the Service.
6.1 We can suspend, block or restrict your access or use of the App at any time in the following circumstances:
7.1 Users are required to create and register an account in order to use the Service. In order to facilitate your use of the Service, we collect and store personal information from you including your name, email address, mobile number and other personal information you choose to share with us.
7.2 We may collect and use information about your device, systems and application software to facilitate the provision of software upgrades, product support and other services related to the Service, including any of its features or tools. We may also collect and use information about how you use the Service.
7.3 We work with trusted third party service providers in order to provide the Services (including Payments Integrators) who we may need to share your personal information with.
7.4 We work with trusted third party service providers in order to provide the App (including Payments Integrators) who we may need to share your personal information with.
8.1 You are responsible for the security of your account, including your device. You must ensure the safety of your account by taking steps to prevent loss, theft and unauthorized or fraudulent use. You must immediately cease using the Service and notify us at [email protected] if you become aware or suspect that your account has been or may be used for fraudulent transactions, or your credentials have been compromised in any way.
8.2 We will treat any payment instruction issued via the Service when payment instructions are authorized by SMS message from your registered mobile number as having been authorized by you.
9.1 All intellectual property rights in and to the Service belong to Stronghold and/or our licensors. Except as expressly set out in these Terms, you do not have any intellectual property rights in or to the Service or any improvements or variations. Nothing in these Terms or otherwise should be construed as granting any right to use any trade mark appearing within or in relation to the Service without the express written permission of Stronghold.
9.2 You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other web sites, frame, deep link to, change, or otherwise distribute, license, sub-license or transfer in any form any aspect of the Service without our prior written consent.
9.3 To the extent any intellectual property rights subsist in anything you upload to, or process using, the Service, you grant us a perpetual, irrevocable, non-exclusive license to copy, modify, use and reproduce that material for the purposes of providing the Service and related functionality to you. You warrant that you have the right to grant this sub-license in respect of material you upload or process using the Service.
9.4 We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.
10.2 If we block your access to the Service, terminate your use of the Service or terminate these Terms, the license granted to you under these Terms will immediately terminate and we have a right to prohibit your access to the Service, including without limitation by deactivating your username and password.
11.1 We may ask you for updates and perform upgrades to the Service. Unless we specify otherwise, these Terms will apply to any such updates or upgrades. You acknowledge that updates may include important bug and security fixes and agree that you will always use the latest version of the Service.
12.1 Stronghold may amend or modify these Terms by posting on the Stronghold website or emailing to you the revised Terms, and the revised Terms shall be effective at such time.
12.2 If you continue to use the Service after the expiry of any notice period, you will be deemed to have accepted any change to these Terms. If you do not accept any changes to these Terms, please stop using the Service.
13.1 Except as required by law, we do not make any warranty (either express or implied) about the Service,, including any warranty as to the Service’s fitness for a particular purpose or that the use and operation of the Service will be without disruption, interruption or error.
13.2 You acknowledge that, to the maximum extent permitted by law, your operating system provider has no warranty obligations under these Terms and that your operating system provider is not responsible for any claims made to you or any third party relating to the Service.
13.3 To the fullest extent permitted by law, we and any of our related companies and service providers (including Payments Integrators) will not be liable for any direct, indirect or consequential loss or damage of any kind or disruption or interference to any property or service as a result of the use of the Service. Nothing in these terms operates to limit or exclude liability that cannot by law be limited or excluded. To the fullest extent permitted by law, our liability for failure to comply with any guarantee that cannot be excluded by law, is limited to us remedying the failure within a reasonable time.
13.4 You indemnify, and will keep indemnified, Stronghold against all actions, proceedings, losses, liabilities, damages , claims, demands, costs and expenses (including all legal costs and expenses) suffered or incurred by Stronghold or for any claim brought against Stronghold by a third party that arises out of or is in connection with your use of the Service.
14.4 You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. To the extent permitted by law, we may assign, novate or otherwise transfer these Terms (in whole or in part), to any other person and you agree to do all things necessary or convenient to give effect to such assignment, novation or transfer.
15.1 Because the Service is linked with your bank account, your use of the Service may be subject to your bank's terms and conditions. You must ensure that terms applicable to your bank account allow you to link it with the Service and for Stronghold (and its third party providers, including Payments Integrators) to initiate payments from your linked bank account via the Service.
15.2 Your use of the Service may also be subject to separate agreements you may enter into with your mobile device operating system provider, your mobile device manufacturer, your mobile service carrier or any other parties involved in providing your mobile device service. Stronghold has no responsibility for the products and services provided by third parties and you agree to comply with all applicable third party terms of agreement when using the Service.
16.1 These Terms are governed by the laws of the State of California. State of California law and the courts of the State of California shall have non-exclusive jurisdiction.
17.1 You can contact us by [email protected]