Terms of Service
Please read these terms carefully before using our services. They govern your relationship with DigiTop and your use of our platform.
1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and DigiTop ("Company", "we", "us", or "our"). By accessing or using our website, API, payment processing services, or any other services provided by DigiTop (collectively, the "Services"), you agree to be bound by these Terms.
If you are using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
Note: If you do not agree to these Terms, you must not access or use our Services. Your continued use of the Services constitutes your acceptance of these Terms.
2. Account Registration
2.1 Eligibility
To use our Services, you must be at least 18 years old and capable of forming a binding contract. By registering, you represent that you are not located in a country subject to comprehensive sanctions or a "Prohibited Person" under applicable laws.
2.2 Registration Information
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Failure to do so may result in the suspension or termination of your account.
2.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials (username, password, API keys) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
3. Use of Services
Subject to your compliance with these Terms, DigiTop grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
- API Usage: You may access our API solely to facilitate the use of our Services. You must not exceed any rate limits or use the API in a manner that disrupts our systems.
- Modifications: We reserve the right to modify, suspend, or discontinue any part of the Services at any time. We will make reasonable efforts to notify you of significant changes.
- Compliance: You must comply with all applicable laws, regulations, and card network rules (e.g., Visa, Mastercard) when using our Services.
4. Fees & Payments
Pricing Structure
Our fees are set forth in our Fee Schedule or in a separate Merchant Agreement signed by you. Fees may include per-transaction charges, monthly subscription fees, and other applicable charges.
4.1 Billing & Taxes
Fees will be automatically deducted from your settlement funds or charged to your registered payment method. You are responsible for all taxes, duties, and levies arising from your use of the Services, excluding taxes based on DigiTop's net income.
4.2 Refunds & Chargebacks
You are responsible for all refunds, chargebacks, and associated fees. DigiTop may deduct these amounts from your account balance. Excessive chargebacks may result in higher fees or account termination.
5. Intellectual Property
The Services, including all software, APIs, documentation, trademarks, logos, and content, are the exclusive property of DigiTop and its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property, except for the limited license expressly granted herein.
You grant DigiTop a worldwide, royalty-free license to use your name and logo to identify you as a customer on our website and marketing materials, unless you notify us in writing otherwise.
6. Prohibited Activities
You agree not to use the Services for any of the following prohibited activities:
Fraud, money laundering, terrorist financing, or any activity violating applicable laws.
Interfering with servers, introducing viruses, or attempting to bypass security measures.
We maintain a list of Prohibited Businesses (e.g., illegal drugs, adult content, counterfeit goods). Processing payments for these businesses is strictly prohibited and will result in immediate termination.
7. Data Privacy & Security
Your use of the Services is subject to our Privacy Policy , which governs our collection and use of your personal information.
Data Protection: Both parties agree to comply with applicable data protection laws, including the Personal Information Protection Law (PIPL) of the People's Republic of China.
PCI DSS: DigiTop complies with the Payment Card Industry Data Security Standard (PCI DSS). You agree to comply with PCI DSS requirements to the extent you store, process, or transmit cardholder data.
8. Confidentiality
"Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential.
Each party agrees to: (a) protect the other's Confidential Information with the same degree of care it uses to protect its own; and (b) not disclose such information to any third party, except as required by law or for the performance of the Services.
9. Warranties & Disclaimers
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGITOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO DIGITOP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless DigiTop, its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any third-party right, including intellectual property or privacy rights.
12. Termination
By You: You may terminate these Terms at any time by closing your account and ceasing all use of the Services.
By Us: We may terminate or suspend your access to the Services immediately, without prior notice, if you breach these Terms or for any other reason, including legal requirements or risk assessment.
Survival: Sections regarding Fees, Intellectual Property, Confidentiality, Disclaimers, Liability, Indemnification, and Governing Law shall survive termination.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration in Beijing in accordance with the Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC). The language of the arbitration shall be Chinese.
14. Changes to Terms
We may modify these Terms at any time. We will post the revised Terms on this page and update the "Last Updated" date. If the changes are material, we will provide you with reasonable notice (e.g., via email or dashboard notification). Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
15. General Provisions
15.1 Force Majeure
DigiTop shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
15.2 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without DigiTop's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. DigiTop may freely assign or transfer these Terms without restriction.
15.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
15.4 No Waiver
DigiTop's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of DigiTop.
15.5 Entire Agreement
These Terms and our Privacy Policy constitute the entire and exclusive understanding and agreement between DigiTop and you regarding the Services and supersede and replace any and all prior oral or written understandings or agreements between DigiTop and you regarding the Services.
16. Contact Information
If you have any questions about these Terms, please contact us.