Guides

Terms of Service

Suggest Edits

This page outlines the terms and conditions that govern your access to and use of our Developers Zone (DZ), a comprehensive suite of APIs, SDKs, tools, plugins, and services designed to empower app developers and website operators.

🚧

By using the Developers Zone, you agree to these terms and all applicable policies and guidelines. Please read these terms carefully to ensure that you understand each provision.

1. Introduction

  1. Our Developer’s Zone is the set of APIs, SDKs, tools, plugins, code, technology, content, and services that enable others, including app developers and website operators, to develop functionality, retrieve data from Nayax and any other Nayax Products, or provide data to us.
  2. To use DZ (including to Process any “DZ Data” means any information, data, or other content you obtain from us through DZ, whether directly or indirectly, and whether before, on, or after the date you agree to these Terms, including data anonymized, aggregated or derived from such data. “Process” means any operation or set of
    operations performed on data or sets of data, whether or not by automated means, including use, collection, storage, sharing, or transmission.), you agree to these DZ Terms (“Terms”), as well as all other applicable terms and policies. This may include the Nayax Terms of Service, the Nayax Privacy Policy, and any other Nayax terms and policies that are applicable and shall be updated occasionally (the “Policies”).
  3. These Terms will start at the earlier of the date you accept them or otherwise start accessing or using DZ, and will continue as long as you continue accessing the DZ or using or storing any DZ Data or derivatives. If you are accepting these Terms or accessing or using DZ on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms, and you agree on behalf of such entity to be bound by these Terms (and for clarity, all other references to “you” in these Terms refer to such entity).
  4. If you fail to comply with these Terms or any other applicable terms or policies, we may suspend or terminate your access to the DZ.

2. Intellectual Property Rights

Our License to You. Subject to your compliance with these Terms and all other applicable terms and policies, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable license to use, access, and integrate with DZ, but only to the extent permitted in these Terms and all other applicable terms and policies. You will not sell, transfer, or sublicense DZ to anyone. Except as expressly licensed herein, you will not use, access, integrate with,
modify, translate, create derivative works of, reverse engineer, or otherwise exploit DZ or any aspect thereof. Nayax reserves all rights, title, and interest (including the right to enforce any such rights) not expressly granted in these Terms.

The DZ, including names, logos, trademarks, and service marks (collectively, “Marks“), any and all related or underlying technology, and any modifications, enhancements, or derivative works of the preceding, are the property of Nayax and its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted to you are reserved. You are not authorized to use any Nayax Marks without prior written consent from Nayax.

3. Data Use

  1. Prohibited Practices.
    You will not perform, or facilitate, or support others in performing any of the following prohibited practices (collectively, “Prohibited Practices”):
    1. Processing DZ Data to discriminate or encourage discrimination against people based on personal attributes, including race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition, or any other categories prohibited by applicable law, regulation, or Nayax policy.
    2. Selling, licensing, or purchasing DZ Data.
    3. Attempting to decode, circumvent, re-identify, de-anonymize, unscramble, unencrypt, or reverse hash, or reverse-engineer DZ Data that is provided to you
  2. Retention, Deletion, and Accessibility of DZ Data
    Unless required to keep DZ Data under applicable law or regulation, you must (and must make reasonable efforts to ensure your service providers) do the following:
    1. Make reasonable efforts to keep DZ Data up to date, including DZ Data that has been modified or deleted. You must update DZ Data promptly after receiving a request from us or the user to do so. You must give the user an easily accessible and clearly marked way to ask for their DZ Data to be modified or deleted.
    2. Delete all DZ Data as soon as reasonably possible in the following cases:
      1. When retaining the DZ Data is no longer necessary for a legitimate business purpose that is
        consistent with these Terms and all other applicable terms and policies;
      2. When you stop operating the product or service through which the DZ Data was acquired;
      3. When we request you delete the DZ Data for the protection of user (which we will determine at our sole discretion);
      4. When required by applicable law or regulations; or As required under Section 5 (“Compliance Review Rights and Suspension and Termination of these Terms”).

4. Data Security

You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:

  1. Meet or exceed industry standards given the sensitivity of the DZ Data;
  2. Comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations; and
  3. Are designed to prevent any unauthorized (including in violation of these Terms or any other applicable terms or policies) Processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution, or compromise) of DZ Data.

5. Compliance Review Rights and Suspension and Termination of these Terms

  • Regular Monitoring. We, or third-party professionals working at our direction (including auditors, attorneys, consultants, and/or computer forensics analysts) (collectively, “Third-Party Auditors”), may conduct regular monitoring of your access to DZ and Processing of DZ Data using technical and operational measures.

  • Certifications. From time to time, we may request (in writing or through DZ or any Nayax Product) information, certifications, and attestations relating to your use of DZ or Processing of DZ Data, which you will provide to us in the requested time frame and form. This may include certifying:

    1. your compliance with these Terms and all other applicable terms and policies, and
    2. the purpose or use for the DZ Data you have requested or have access to, and that each such purpose or use complies with these Terms and all other applicable terms and policies. All such certifications and attestations must be provided by an authorized representative of yours.

  • Suspension and Termination.
    We may take enforcement action against you if we believe, in our sole discretion, that:

    1. You have not timely responded to our requests related to monitoring or auditing; You or have violated or may have violated these Terms or any other applicable terms or policies or is negatively impacting DZ, other Nayax Products, DZ Data, or people who use Nayax Products;
    2. It is needed to comply with applicable laws or regulations or otherwise required or requested by a court order or governmental authority, or
    3. It is needed to protect Nayax from legal or regulatory liability.

We may take enforcement action at any time, with or without notice to you. Enforcement can be both automated and manual. It can include removing your access to DZ, requiring that you stop Processing and delete DZ Data, terminating our agreements with you, or any other action that we consider to be appropriate, including terminating other agreements with you or your ability to use Nayax Products.

6. Indemnification

If anyone brings a claim, cause of action, or dispute against Nayax or its affiliates related to your use of DZ, your Processing of DZ Data, Your Content, name or logo, products or services, or actions in connection with DZ, you will indemnify and hold Nayax harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.

7. Disclaimers and Limitations of Liability.

THE DZ AND ANY DZ MATERIALS ARE PROVIDED "AS IS." NAYAX AND ITS AFFILIATES WILL IN NO EVENT BE LIABLE FOR ANY UNAVAILABILITY OR MALFUNCTION OF ALL OR ANY PORTION OF THE PROGRAM OR PROGRAM MATERIALS, LOSS OF DATA OR CONTENT, LOSS OF PROFITS OR GOODWILL, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR ABOUT THIS AGREEMENT, OR
FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER, CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. WE SPECIFICALLY DISCLAIM, CONCERNING THE PROGRAM MATERIALS AND ALL OTHER SERVICES, SOFTWARE, CONTENT, OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY END USER TO COMPLY WITH ANY TERMS OF USE REGARDING THE PROGRAM OR OTHERWISE. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE PROGRAM EXCEED $100. THESE LIMITATIONS AND DISCLAIMERS APPLY EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. General

  1. In accordance with our Terms of Service, you will not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. Transferring can include assignment, acquisition, merger, change of control, or other transfer forms. Any unpermitted transfer will be considered null and void.
  2. You also must comply with all applicable laws and regulations
  3. If there is any conflict between these Terms and any other applicable online terms, the terms that are more restrictive on you and more protective of Nayax apply.
  4. We reserve the right to amend these Terms at any time. Your continued use of or access to DZ, after any such amendment, will constitute your binding agreement to these Terms as amended.
  5. We may change, suspend, or discontinue the availability of DZ at any time. In addition, we may impose limits on certain features and services or restrict your access to parts or all of our APIs or websites without notice or liability.
  6. We can issue a press release or otherwise make public statements or disclosures describing our relationship with you or your use of DZ.
  7. When these Terms have ended, all rights granted to you under these Terms will immediately stop and you will immediately stop using DZ. We do not guarantee that DZ will always be free.

Updated 5 months ago