ProPay Prime

1. Acceptance of Terms

By accessing or using ProPay Prime, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please discontinue use immediately. You also confirm that you are at least 18 years of age, or that you have parental/guardian consent if you are under 18, and that you have the legal capacity to enter into these Terms.

2. Description of Service

ProPay Prime is a platform that facilitates community engagement, secure payments, culture, and collaboration. We provide digital tools, financial transaction capabilities, and services that enable content sharing and community interaction.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to provide accurate, complete, and up-to-date information during account creation and maintenance. You are solely responsible for safeguarding your account credentials and for all activity conducted under your account. You may not impersonate another person or misrepresent your identity. By creating an account, you explicitly consent to the processing of your personal information in accordance with our Privacy Policy and applicable laws.

4. Prohibited Uses

You may not use the Service to:

• Break any applicable law or regulation (South African, US, or international).
• Collect, process, or store personal information of others without their lawful consent.
• Infringe upon our intellectual property or that of others.
• Harass, defame, abuse, discriminate, or promote harmful conduct.
• Upload or transmit viruses, malicious code, or attempts to interfere with the Service's functionality.
• Submit false, fraudulent, or misleading information.

5. Content and Intellectual Property

The Service and its original content, features, and functionality are owned by ProPay Prime and its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or exploit our intellectual property without prior written consent. Content you post on the Service remains yours, but by posting it, you grant ProPay Prime a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content as necessary to provide, promote, and improve the Service.

6. Limitation of Liability & Indemnification

To the maximum extent permitted by applicable law, ProPay Prime, its affiliates, directors, employees, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use or alteration of your transmissions or content.

You agree to indemnify and hold harmless ProPay Prime, its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

7. Termination

We may suspend or terminate your account and access to the Service, with or without prior notice, if you breach these Terms or any applicable law or regulation. You may also terminate your account by contacting us directly. Upon termination, your right to use the Service immediately ceases. Provisions relating to intellectual property, disclaimers, limitation of liability, and indemnification shall survive any termination of these Terms.

1. Information We Collect

We collect personal information that you provide directly to us when you:

• Create or update an account (e.g., name, contact details).
• Use our services, including initiating or receiving payments (e.g., payment information).
• Communicate with us for support or inquiries.
• Participate in community features or share content.
• Provide optional profile data you choose to include.

We may also collect certain information automatically when you access and use the Service, such as device information, usage data, and IP addresses.

2. How We Use Your Information

We process your personal information for the following purposes:

• To deliver, maintain, and improve our services and features.
• To process payments and complete transactions initiated by you.
• To communicate with you, including providing support, updates, security notices, and promotional messages (where permitted).
• To monitor usage, prevent fraud, and ensure the integrity and security of the Service.
• To comply with our legal obligations.

Our legal basis for processing your personal information includes: your consent, contractual necessity (for providing the Service), compliance with legal obligations, and our legitimate interests (e.g., for service improvement and fraud prevention), as permitted under POPIA and US law.

3. Information Sharing & Disclosure

We do not sell or rent your personal information to third parties. We may share your information in the following circumstances:

• With trusted service providers: We engage third-party vendors, consultants, and other service providers (e.g., payment processors, hosting providers, analytics providers) to perform services on our behalf. These providers are bound by contractual agreements to protect your information and are only authorized to use it as necessary to provide the services to us.
• To comply with legal obligations: We may disclose your information if required by law, regulation, or lawful government requests (e.g., subpoenas, court orders), or to respond to legitimate requests by public authorities, including to meet national security or law enforcement requirements.
• To protect our rights and safety: We may disclose information when we believe it is necessary to protect the rights, property, or safety of ProPay Prime, our users, or the public, or to enforce our Terms of Service.
• Business transfers: In the event of a merger, acquisition, asset sale, or other business transfer, your information may be transferred to the acquiring entity, subject to the same privacy commitments outlined in this Policy.

4. Data Security

We implement a combination of organizational and technical measures designed to protect your personal information against unauthorized access, use, disclosure, alteration, or destruction. While we strive to use industry best practices, please be aware that no method of transmission over the internet or method of electronic storage is 100% secure.

5. Data Retention

We retain personal information only for as long as necessary to fulfill the purposes stated in this Policy, or as required by law. Once your information is no longer needed, it is securely deleted, anonymized, or aggregated.

6. Cookies & Tracking Technologies

We use cookies and similar tracking technologies (e.g., web beacons, pixels) for various purposes, including functionality, analytics, and security. Cookies are small data files stored on your device that help us improve our Service and your experience. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies or be notified when a cookie is being placed, if you prefer. Where legally required, we will request your explicit consent for non-essential cookies.

7. Cross-Border Transfers

If your personal data is transferred outside of South Africa or the United States, we ensure that adequate protection measures are in place, consistent with the requirements of POPIA and applicable US standards. This may include reliance on standard contractual clauses, binding corporate rules, or other legally recognized transfer mechanisms.

8. Your Rights

Depending on your jurisdiction, you may have specific rights regarding your personal information:

• For South African Residents (under POPIA): You have the right to access, correct, or delete your personal information; to object to the processing of your personal information; to withdraw your consent to processing (where consent is the legal basis); and to request a copy of your personal data.
• For California Residents (under CCPA/CPRA): You have the right to know what categories of personal information we collect and share; to request the deletion of your personal information; to opt-out of the "sale" or "sharing" of your personal information; and the right not to be discriminated against for exercising your privacy rights.

To exercise any of these rights, please contact us using the details provided in the "Contact Us" section below. We will respond to your request in accordance with applicable law.

9. Children's Privacy

Our Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 in the United States (consistent with COPPA). For users in South Africa, individuals under the age of 18 require verified parental or guardian consent to use our services that involve the processing of personal data. We do not knowingly process personal data of minors without such appropriate consent. If we become aware that we have collected personal information from a child under these age limits without appropriate consent, we will take steps to delete that information promptly.

1. Amendments to Terms & Privacy Policy

We may update these Terms of Service and Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The "Last Updated" date at the top of this document will be revised accordingly. We will post any changes on this page. For material changes, we may provide you with additional notice, such as through an email notification or a prominent notice on our platform, before the changes become effective. Your continued use of the Service after the posting of revised Terms and/or Privacy Policy constitutes your acceptance of the changes.

2. Governing Law

For users in South Africa: These Terms and our Privacy Policy are governed by and construed in accordance with the laws of South Africa, including the Protection of Personal Information Act (POPIA), without regard to its conflict of law principles.

For users in the United States: These Terms and our Privacy Policy are governed by and construed in accordance with the laws of the United States and the state of North Carolina, without regard to its conflict of law principles.

3. Contact Us

For any questions, data subject requests, or complaints regarding these Terms, our Privacy Policy, or your personal information, please contact us: