Terms of Service

1. Who you are contracting with

The IncentivPay website (www.incentivpay.com) and platform are operated by PMPS INC., a corporation organized under the laws of the United States, and by its affiliate PMPS Canada Inc. for customers and merchants based in Canada (together, “IncentivPay,” “we,” “us,” or “our”). “IncentivPay” is a trading name used by PMPS INC. and PMPS Canada Inc. When you purchase a paid plan or top-up, you are contracting with the PMPS entity for your region.

2. Acceptance of terms

By accessing or continuing to use the IncentivPay website, dashboard, mobile experience, APIs, or any other IncentivPay service (collectively, the “Service”), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. You represent that you are at least 18 years old and, if you are using the Service on behalf of an organization, that you have authority to bind that organization.

3. The Service

IncentivPay is a promotional-incentive platform that lets merchants run outcome-based checkout incentives (for example, “free if BTC hits $75K”) and lets customers earn, play, and redeem IP Points and incentive entries at participating local businesses. Features, pricing, and availability may change. We do not guarantee any particular conversion lift, revenue, or business outcome.

4. Your account

You must provide accurate information and keep it current. You are responsible for maintaining the confidentiality of your credentials and for all activity on your account. Notify us immediately at support@incentivpay.com if you suspect unauthorized use.

5. Acceptable use

You agree not to:

• use the Service for any unlawful, fraudulent, or deceptive purpose;
• send spam, phishing, or unsolicited commercial communications;
• infringe any intellectual-property or privacy rights;
• upload malware or attempt to probe, scan, or breach the Service’s security;
• scrape, harvest, or otherwise extract data outside our published APIs;
• resell, sublicense, or reverse-engineer the Service or circumvent technical limits.

6. Intellectual property

IncentivPay, PMPS INC., and PMPS Canada Inc. (and our licensors) own the Service, including all software, documentation, content, branding, trademarks, and underlying technology. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms and your selected plan. You retain ownership of content you submit, and grant us a worldwide license to host, process, and display it solely to provide and improve the Service.

7. Payments, subscriptions, and our reseller (Merchant of Record)

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Payment, billing, currency, tax, invoicing, cancellation, and refund mechanics are governed by the Paddle Checkout Buyer Terms. Subscriptions renew automatically for successive billing periods at the then-current price until cancelled. You can manage or cancel a subscription at any time through the link in your purchase receipt or by contacting support@incentivpay.com. See our Refund Policy for refund timing and how to request one.

8. IP Points and incentive entries

IP Points and incentive entries are a closed-loop promotional balance. They have no cash value, cannot be exchanged for fiat currency, and cannot be paid out to a bank account or card. Points and winnings are spendable only with participating local businesses through the IncentivPay platform. Outcomes that depend on third-party data feeds (for example, prices, scores, weather) are settled using the source published at the resolution time stated in the campaign rules. We may void entries obtained through fraud, abuse, or violation of these Terms.

9. No professional advice

The Service is provided for general promotional and entertainment purposes only. Nothing in the Service constitutes financial, investment, legal, tax, or other professional advice. References to assets such as cryptocurrencies are not recommendations to buy or sell, and any decision you make is your own responsibility.

10. Service level and disclaimers

The Service is provided “as is” and “as available.” We do not warrant uninterrupted or error-free operation. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the fullest extent permitted by law, neither PMPS INC., PMPS Canada Inc., nor our affiliates will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our aggregate liability arising out of or relating to the Service is capped at the greater of (a) the amounts you paid us in the twelve (12) months before the event giving rise to the claim, and (b) USD 100. Nothing in these Terms excludes liability for fraud, death, or personal injury caused by negligence, or any liability that cannot be excluded by law.

12. Indemnification

You will indemnify and hold harmless PMPS INC., PMPS Canada Inc., and our affiliates from any third-party claim arising out of (a) content you submit, (b) your use of the Service in violation of these Terms or applicable law, or (c) your violation of any third-party right.

13. Suspension and termination

We may suspend or terminate your access to the Service for material breach, non-payment, suspected fraud or security risk, or repeated or serious policy violations. You may stop using the Service at any time. Upon termination, your right to use the Service ends; sections that by their nature should survive (intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.

14. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. Material changes will be posted on this page with a revised “Last updated” date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

15. Governing law

If you are contracting with PMPS INC., these Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and the state and federal courts located in Delaware have exclusive jurisdiction. If you are contracting with PMPS Canada Inc., these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and the courts of Ontario have exclusive jurisdiction. Nothing in this clause limits non-waivable consumer rights in your country of residence.

16. Miscellaneous

You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, the remaining provisions will remain in effect. We are not liable for delays or failures caused by events beyond our reasonable control.

17. Contact

Questions about these Terms? Email support@incentivpay.com. Billing and refund questions handled by our reseller can also be submitted at paddle.net.