Terms of Service

Last updated: March 31, 2026

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the PayFest platform, including our website (payfest.io), admin dashboard, mobile applications, APIs, and NFC cashless payment infrastructure (collectively, the “Service”). By accessing or using the Service, you (“Organizer”, “you”) agree to be bound by these Terms.

“Authorized Users” means the Organizer’s employees, contractors, or agents who are granted access to the Service (e.g., event administrators, cashiers, merchants).

2. Service Description

PayFest provides a closed-loop NFC cashless payment platform for festivals and events. The Service includes:

  • Admin Dashboard: Web-based console for event setup, user management, transaction monitoring, analytics, and fraud detection.
  • Mobile Application: Android/iOS app for merchants (payment processing) and cashiers (top-ups, refunds, card management, customer registration).
  • NFC Infrastructure: Card/card registration, activation, balance management, and transaction processing via NFC technology.
  • Analytics and Reporting: Real-time dashboards, transaction reports, merchant leaderboards, and data export.
  • Fraud Detection: Automated transaction monitoring and alert system.

PayFest is a closed-loop system. Funds loaded onto NFC cards exist as event credits within the PayFest ecosystem. PayFest does not process credit card payments, bank transfers, or other external payment instruments. The Organizer is responsible for establishing the method by which Attendees load funds onto their NFC cards.

3. Account Registration and Security

To use the Service, you must create an organization account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of all account credentials
  • All activities that occur under your account or through your Authorized Users
  • Promptly notifying PayFest of any unauthorized access or security breach
  • Ensuring that Authorized Users comply with these Terms

4. Organizer Obligations

As an Organizer, you agree to:

  • Inform Attendees: Communicate that the PayFest cashless payment system is in use, including providing appropriate privacy notices.
  • Comply with Laws: Comply with all applicable laws, including data protection (GDPR), consumer protection, and financial regulations.
  • Manage Refunds: Establish and communicate a clear refund policy to Attendees for unused balances. PayFest provides the technical capability; the Organizer sets the policy.
  • Safeguard Hardware: Ensure NFC cards, and mobile terminals are stored securely.
  • Accurate Information: Ensure all event information, merchant details, and pricing are accurate and up to date.
  • Data Protection: Where required by law, enter into a Data Processing Agreement (DPA) with PayFest for attendee personal data processing.

5. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or to facilitate illegal transactions
  • Attempt to gain unauthorized access to any part of the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Process transactions for activities outside the scope of your registered event(s)
  • Interfere with or disrupt the integrity or performance of the Service
  • Manipulate NFC card data, forge transaction records, or tamper with wallet balances
  • Resell or redistribute access to the Service without prior written consent

6. Fees and Payment

Service fees are as set forth in the applicable Order Form or pricing agreement. Unless otherwise agreed, fees are invoiced as specified in the Order Form and are exclusive of applicable taxes. Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law.

PayFest reserves the right to suspend access to the Service for overdue accounts exceeding 30 days, and to modify pricing with at least 60 days’ written notice before any renewal period.

7. NFC Cards, Balances, and Refunds

  • Closed-Loop Credits: Funds loaded onto NFC cards are closed-loop event credits. They are not deposits, stored value, or e-money under financial regulations. Credits are valid only at the specific event for which they were issued.
  • Balance Responsibility: The Organizer is solely responsible for all funds loaded onto NFC cards. PayFest provides the technology platform but does not hold or have custody of attendee funds.
  • Refund Policy: The Organizer determines the post-event refund policy, including the request period, administrative fees, refund method, and disposition of unclaimed balances. This policy must be communicated to Attendees.
  • Unclaimed Balances: After the Organizer’s specified refund period, unclaimed balances are the Organizer’s responsibility, treated according to their policy and applicable law.
  • Lost NFC Media: PayFest provides card replacement functionality. Policies on replacement fees and balance transfer are at the Organizer’s discretion.
  • Offline Transactions: The Service supports offline transaction queuing. Transactions processed offline are validated upon synchronization. The Organizer acknowledges that offline transactions may fail validation (e.g., insufficient balance detected after sync).

8. Intellectual Property

  • PayFest IP: The Service, including all software, APIs, documentation, and branding, is the exclusive property of PayFest. These Terms grant a limited, non-exclusive, non-transferable, revocable license to use the Service.
  • Organizer Data: The Organizer retains all rights to their data, including event configuration, merchant information, and attendee data.
  • Aggregated Data: PayFest may use aggregated, anonymized data for product improvement and benchmarking. Such data will never identify individual Organizers, events, or Attendees.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party, including business strategies, pricing, technical details, and customer data. This obligation does not apply to information that is publicly available, was previously known, is independently developed, or must be disclosed by law.

10. Service Availability

  • Availability: PayFest strives to maintain high availability but does not guarantee uninterrupted or error-free operation. The Service includes offline transaction capability to mitigate connectivity issues.
  • Support: Technical support is provided via email. Priority support during live events may be available under separate agreement.
  • Updates: PayFest may update the Service from time to time with reasonable notice of material changes.

11. Warranty Disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. PayFest does not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that NFC technology will function in all venue conditions. PayFest is not a financial institution, payment processor, or money transmitter.

12. Limitation of Liability

To the maximum extent permitted by law: (a) PayFest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or goodwill; (b) PayFest’s total aggregate liability shall not exceed the total fees paid by you in the twelve (12) months preceding the claim; (c) PayFest is not liable for losses caused by NFC hardware malfunction, venue connectivity issues, the Organizer’s failure to safeguard credentials, or attendee disputes regarding Organizer-set refund policies.

13. Indemnification

You agree to indemnify and hold harmless PayFest from claims arising from: your use of the Service in violation of these Terms; violation of applicable law; your refund policies or handling of attendee funds; disputes between you and Attendees; and your failure to provide adequate privacy notices.

14. Suspension and Termination

  • By Organizer: You may terminate your account with 30 days’ written notice. Termination does not relieve outstanding fee obligations.
  • By PayFest: We may suspend or terminate access immediately for: breach of Terms, security risk, legal requirement, or accounts overdue by more than 30 days.
  • Effect: Upon termination, your license ceases, you must stop using the Service, and PayFest will make data available for export for 30 days. Transaction records may be retained as required by law.

15. Data Protection

PayFest processes personal data in accordance with its Privacy Policy and applicable data protection laws. The Organizer is responsible for the lawfulness of its collection of attendee data, providing privacy notices, and responding to data subject rights requests.

16. Force Majeure

Neither party shall be liable for failure or delay resulting from circumstances beyond reasonable control, including natural disasters, acts of government, pandemic, civil unrest, power outages, internet disruptions, or failure of third-party services. This includes venue-level power or connectivity failures affecting NFC transaction processing.

17. General Provisions

  • Entire Agreement: These Terms, together with any Order Form, DPA, and Privacy Policy, constitute the entire agreement.
  • Severability: If any provision is held unenforceable, the remaining provisions remain in full force.
  • No Waiver: Failure to enforce any provision does not waive the right to enforce it later.
  • Assignment: You may not assign these Terms without PayFest’s written consent. PayFest may assign in connection with a merger, acquisition, or sale of assets.
  • Notices: All notices shall be in writing and sent to the email addresses on file.