1. Introduction

1.1 SwipeX App is a Tap to Pay Application (“SwipeX by Magnati”) operated by Magnati Sole Proprietorship LLC (“Magnati” “we”, “our” and “us”).
1.2 In these terms ‘you’ and ‘your’ means both: (i) the individual using Swipex by Magnati as the User (as defined in section 3.3 below); or (ii) (if different) the person shown as the business in the business information section of the Merchant Services Agreement (“MSA”).
1.3 By downloading and/or using and/or registering for Swipex by Magnati, you agree to be bound by these Swipex by Magnati Terms and Conditions (“Terms”) which are legally binding.
1.4 These Terms are separate from and are supplemental to our MSA.
1.5 Please read these Terms carefully before using Swipex by Magnati.

2. Swipex by Magnati features

2.1 Swipex by Magnati will enable you to:

a. accept contactless payment card transactions and other types of payments from your customers (with such transactions to be processed by us in accordance with the MSA);
b. issue receipts to your customers; and
c. view your transaction history and related analytics. In each case, as further described in our Swipex by Magnati user guide (Guide link)

3. Registration and Use of Swipex by Magnati.

3.1 To download and use Swipex by Magnati, you will need to access to an Internet connection on your mobile device (3G/4G/5G or Wi-Fi is required) and your device will need to have Near Field Communication technology (“NFC”) to access Swipex by Magnati.
3.2 In order to access the relevant services provided in accordance with the MSA via Swipex by Magnati, you need to:

a. have signed the MSA; and
b. set-up an account log-in and password for Swipex by Magnati using the User detail which will be shared on your registered e-mail address as you use for other services you receive.

3.3 Once you have satisfied the requirements detailed in above section 3.2, you will be deemed as a User.
3.4 You may only register one User.
3.5 You must log into Swipex by Magnati by inputting your User Id and password provided at the time of registration. You may change your password at any time by following the instructions in Swipex by Magnati. You must keep your login details safe and not share them with anyone.
3.6 You must verify the authenticity of your device via Swipex by Magnati following the steps set out in Swipex by Magnati.
3.7 To make use of the option in Swipex by Magnati to print receipts, you will need to have a Bluetooth enabled device and printer.
3.8 you can find further information on how the App works, the technical requirements, and any restrictions on the App’s use and compatibility in the User Guide.

4. Charges

4.1 Any fees relating to transactions which you process using Swipex by Magnati are set out in your MSA.
4.2 Aside from the transaction fees referenced in section 4.1 above, there are currently no charges for downloading or using Swipex by Magnati.

5. Our Responsibilities

5.1 We have taken reasonable steps to ensure Swipex by Magnati works and functions as described and is safe and secure, but we will provide Swipex by Magnati to you on “as is” basis. This means that we cannot guarantee that your access to Swipex by Magnati will be uninterrupted or that there will be no delays or failures. We also cannot guarantee that viruses and other destructive properties will not be transmitted to your device or that your device will not be damaged whilst using Swipex by Magnati.
5.2 We have taken reasonable steps to ensure the accuracy and completeness of the information contained in Swipex by Magnati, but we provide it on “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. We are not responsible or liable for information provided to us or to you by a third party.
5.3 We are responsible for merchant support in relation to Swipex by Magnati. If you are having any issues, please contact us using the contact details set out in below section 13 (Merchant Support).

6. Your Responsibilities

6.1 When you use Swipex by Magnati, you must:

a. not remove, copy, alter, edit, adapt or modify any aspect of Swipex by Magnati (including data);
b. not use Swipex by Magnati to take unlawful, misleading, malicious or discriminatory action or make any unlawful transaction;
c. comply with applicable provisions of the Card Industry Data Security Standard (PCI-DSS) in particular with regards to storage, processing and transmission of payment card data;
d. not work around any technical restrictions in Swipex by Magnati or seek to use it in an attempt to, or in conjunction with any device, program or service designed to, circumvent technical measures employed to control access to, or the rights in, a content, file, or other work;
e. comply with all applicable laws, payment network rules and mandates;
f. not upload any content which infringes on or violates the intellectual property, publicity, or privacy rights of others;
g. not upload any viruses, Trojan horses or other malware or malicious code to Swipex by Magnati or use it in connection with the development or transmission of any virus or malicious code;
h. install any device and Swipex by Magnati updates when they become available to ensure continuous use;
i. not use Swipex by Magnati on any device that has been modified (jail-broken or rooted) from its original factory state;
j. not reverse engineer, decompile, decipher, translate, disassemble or otherwise attempt to access source code of Swipex by Magnati;
k. not remove or alter any propriety notices or labels on or in Swipex by Magnati, including any copyright, trademark or patent notice in the sample code or redistributable code;
l. not use Swipex by Magnati in a way which infringes the rights that we (or affiliates) have or the rights of any third party;
m. not use Swipex by Magnati in any way that purposefully interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of us or any third party;
n. not create or enable others to create any application in the course of using Swipex by Magnati that could disable, hack or otherwise interfere with any authentication, content protection, digital signing, digital rights management, security or verification mechanisms or disable, override, or otherwise interfere with any device, system or software that we have;
o. not collect any content or information from other users using automated methods (such as bots, robots, spiders or scrapers), and you must not use these methods to access SwipeX in any other way;
p. not capture screenshots within Swipex by Magnati;
q. not allow any other users or third parties to access your Swipex by Magnati in any way or share any of your information with them; and
r. keep your password and other log-in information secret and you must protect your account against unauthorised access by third parties.

6.2 If at any time any of the information about Swipex by Magnati and your use of it is compromised (stolen, published or otherwise made available to third parties) you must contact us immediately to report this.
6.3 All claims, damages and costs (including data, Wi-Fi, roaming and printing charges) related to your use of Swipex by Magnati, information provided by you, breach by you of these Terms, any third-party agreements you enter into, use of any intellectual property or other right of any person are your sole responsibility.

7. Intellectual Property Rights and your license

7.1 We grant you a non-exclusive, non-transferable, and revocable end-user license to download Swipex by Magnati and to use it for the purposes set out in section 2.1 once you have downloaded it. The license covers content accessible in Swipex by Magnati, including our support resources. It also covers updates to SwipeX unless they come with separate terms, in which case we will give you the opportunity to review and accept the new terms.
7.2 We are the owners of all intellectual property rights in Swipex by Magnati. and its content. Such rights are protected by UAE laws, and we reserve all of these rights and other rights in SwipeX. You do not own SwipeX and only have the right to use it as permitted by these Terms. You may not grant any rights to any third party in relation to Swipex by Magnati.
7.3 These Terms do not grant you any rights in Swipex by Magnati or in any data (including personal data) made available to you via Swipex by Magnati. If any such rights vests in you, you agree to assign these rights to us to the fullest extent possible and if that’s not possible you irrevocably agree for us to use these rights for our own purposes.
7.4 If you download Swipex by Magnati via the Play Store, you authorise us to provide respective Play Store provider and its affiliates data related to your use of Swipex by Magnati.
7.5 Any feedback you provide to us about your use of SwipeX is our sole and exclusive property, along with any improvements, changes, bug fixes or modifications that we make to SwipeX from your feedback.

8. Updates

8.1 From time to time, we may issue updates and change the service to improve performance, enhance functionality, reflect changes in the operating system, or address security issues, or to discontinue or remove out of date functionality. Updates will either download automatically or you may need to trigger them yourself, depending on your device and its settings.
8.2 We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, Swipex by Magnati may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep Swipex by Magnati updated to the latest version that we make available. If you choose not to install such updates or if you opt out of automatic updates, then you may not be able to continue using Swipex by Magnati.
8.3 From time to time, we may make changes to these Terms. We will give you reasonable notice of any changes to these Terms in advance of such change coming into effect.

9. Termination

9.1 You can end these Terms by deleting Swipex by Magnati from your device at any time. You should delete Swipex by Magnati from your device if these Terms are terminated and you must do so if you change or dispose of your device.
9.2 If at any time we consider that you have or may have (a) misused Swipex by Magnati in any way; and/or (b) failed to follow these Terms in any way, we may in our absolute discretion suspend or terminate your access to Swipex by Magnati.
9.3 We may also suspend or terminate your access to Swipex by Magnati:

a. for any reason upon 1 month notice; or
b. if we need to withdraw the Application for any legal or regulatory reason or if we decide to discontinue the Application.

9.4 From time to time, we may need to suspend your access to Swipex by Magnati to:

a. carry out changes to Swipex by Magnati or until you have updated Swipex by Magnati; or
b. if we need to suspend your access to Swipex by Magnati for any other reason, including for legal or regulatory reason.

9.5 These Terms will automatically be suspended or terminated in the event Magnati suspends or terminates your MSA.
9.6 Upon termination for any reason, your right to use Swipex by Magnati will end, and you must stop using it and delete it along with other related information from your devices.
9.7 If we have to suspend or terminate your access to Swipex by Magnati, we’ll use reasonable endeavours to notify you.

10. Limitation of Liability

10.1 We will not be liable to you for any breach of (or failure to perform) our obligations where that breach (or failure) is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary. The liability terms and conditions set out in your MSA will apply to your use of Swipex by Magnati.
10.2 We do not accept any responsibility to you:

a. if you are unable to access the App due to there being no internet connectivity through your device;
b. for any faulty components in your device (such as a faulty camera) which prevents your full use of Swipex by Magnati; and/or
c. for any failure of the Play Store to function properly.

11. Additional Terms

11.1 If any term of these Terms is found to be unenforceable, this will not affect the validity of the other terms.
11.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
11.3 Failure by either of us to enforce our rights under these Terms shall not prevent you or us (as the case may be) from taking further action.
11.4 These Terms and any communications we send to you, will be in English.
11.5 These Terms (including our Privacy Policy and Merchant Terms and Conditions) constitute the whole agreement between you and us in relation to your use of Swipex by Magnati.

12. Applicable Law

Our relations with you and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and this License will be governed by the laws of the United Arab Emirates (“UAE”) and the UAE federal courts shall have exclusive jurisdiction to settle any dispute arising out of this Agreement and this License.

13. Merchant Support

13.1 You can reach out for any support related to Swipex by Magnati via the following email communication channels: merchantservices@magnati.com

14. Privacy Policy

To find out how we collect and process your personal information, including the collection of cookies, please check our Privacy Policy on our website which you can access directly at https://www.magnati.com/en/privacy-policy/.