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Submission: On August 24 via api from US
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MELIO TERMS OF SERVICE
Last Revision Date: January 24, 2021
Melio Payments, Inc. d/b/a Melio (“Melio”) enables business-to-business
payments. These Terms of Service (the “Agreement”) are a legal agreement among
Melio, Melio’s bank partners, , and you and any person or organization for which
you act. Melio’s current bank partners include Evolve Bank & Trust (“Evolve”)
and Silicon Valley Bank (“SVB”) (each, a “Bank” and collectively, the “Banks”).
This Agreement governs your use of Intuit Bill Pay powered by Melio and the
associated software and services (collectively the “Services”). PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE USING ANY MELIO SERVICES. If you do not agree to this
Agreement, do not use the Services.
This Agreement provides that all disputes between you and Melio will be resolved
by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO
COURT to assert or defend your rights under this contract, except for matters
that may be taken to small claims court. Your rights will be determined by a
NEUTRAL ARBITRATOR and NOT a judge or jury, and YOUR CLAIMS CANNOT BE BROUGHT AS
A CLASS ACTION. Please review Section 27 (“Dispute Resolution and Arbitration”)
for the details regarding your agreement to arbitrate any dispute with Melio.
As used in this Agreement, the words “you” and “your” refer to you, a User
(defined below) of the Services and the Party agreeing to this Agreement. The
words “we,” “us,” “our” and any other variation thereof refer to Melio and our
affiliates. Please note that each of Evolve and SVB may also enforce any
provisions of this Agreement that relate to the banking services or payment
processing that they provide. Any reference to Melio, Evolve, or SVB in this
Agreement includes our and our affiliates’ directors, officers, employees,
contractors, owners and agents.
1. ACCEPTANCE OF AGREEMENT.
By accessing the Services, you agree to, and are bound by, the terms and
conditions of this Agreement. If you do not agree to this Agreement, do not
use the Services. You understand that the Services are designed exclusively
for use for commercial purposes. You represent that you have authority to
enter into this Agreement on your own behalf and on behalf of any person or
organization for which you act.
2. AMENDMENTS.
Melio may modify this Agreement at any time in its sole discretion by
updating this posting. We will take reasonable steps to notify you of any
material changes to this Agreement. Your continued use of the Services after
a modification signifies your agreement to the modification. If you have any
questions about this Agreement,
please contact us at: support@meliopayments.com.
3. OVERVIEW OF MELIO SERVICES.
1. Description of the Services. Melio provides Services which generally
enable United States-based businesses and freelancers (“Payors”) to
transmit payments for commercial purposes to United States-based business
recipients (“Recipients”), including Recipients who do not accept a
Payor’s preferred payment method, (collectively “Users”). Payors may
capture a Recipient invoice using their mobile device, upload an invoice
electronically, import an invoice from certain Intuit accounting
software, or enter in invoice details manually. Such information may be
used to generate a bill which can then be synched with certain Intuit
accounting software.
For access to and use of the Services, Melio may charge Users a fee (the
“Fee”) at the time of Payment submission.
2. Accepted Payment Methods. Melio enables Payors to transmit payments to
Recipients via automated clearinghouse (“ACH”), credit or debit card, or
via wire transfer, as made available in each offering. Recipients may
receive payments via paper check, electronic check, debit card, ACH
transfer, wire transfer, or via virtual card number (“VCN”).
1. Melio supports payments from all U.S. financialinstitutions.
2. Cards issued on the following payment networks may be used as payment
methods via the Services: Visa, MC, Discover, STAR, PULSE and Accel.
3. Fund Ownership.
1. Payments to Recipients (other than Fees) do not pass into Melio’s
legal ownership at any time from payment initiation to successful
delivery, including any subsequent refunds.
2. FOR TEXAS RESIDENTS ONLY: To the extent that Melio collects payment or
payment instructions from you for transmission to Recipients, it does
so on behalf of Evolve as Evolve’s limited payment collection agent.
Accordingly, payment to Melio shall be considered the same as payment
made directly by you to Evolve. Upon your delivery of funds to Melio,
your payment obligation to Evolve is extinguished, and Melio is
responsible for remitting the received funds to Evolve. If Melio fails
to remit any such amounts it receives from you to Evolve, Melio is
solely liable to Evolve for the funds, and you shall not have
liability thereof.
3. Melio uses master bank accounts at each of the Banks that are held in
the Banks’ names and owned by the Banks. The account titles also show
that these
accounts are for the benefit of customers of Melio. You grant Melio
the right to instruct the Banks on the use of funds in the accounts,
including to receive funds from you and to then send funds to your
Recipient based on your instructions. The Banks transfer all funds for
the benefit of Melio’s customers upon Melio’s instructions.
4. An Independent Third-Party.
1. Melio is an independent, third-party service that is not formally
affiliated with your Recipients. You acknowledge and agree that your
use of the Services does not in any way constitute a tri-party
agreement between you, Melio, and your Recipients.
2. Accordingly, neither Melio nor the Banks haveresponsibility nor will
have liability for any consequences resulting from your interactions
or contracts with Recipients, including but not limited to payment
terms, the proper and timely delivery of goods or services, and any
associated disputes which may arise. You further acknowledge that your
use of Melio Services does not alter or affect any Recipient payment
terms including but not limited to deadlines, payment plans, late
fees, and refunds. Neither Melio nor the Banks endorse, recommend, or
bear any responsibility or liability for any products, services or
statements presented by Recipients. Recipient statements and opinions
are not representative of Melio or its business partners.
4. ELIGIBILITY AND SETTING UP YOUR ACCOUNT
1. Eligibility Requirements. In order to use the Services, you must (i) be
an individual of at least 18 years of age and able to form legally
binding contracts under applicable law, (ii) have a valid and active
e-mail address, (iii) use the Services on behalf of a United
States-domiciled business entity or freelancer; and (iv) have a valid
deposit account at a Melio-supported bank or payment card issued on a
Melio- supported network as outlined in Section 3.2 above. Other
restrictions may apply.
2. Creating an Account. In order to access the Services as a User, you must
create an account (“Account”). When you set up your Account, you will be
required to create log-in credentials by providing certain types of
personal information including your name, a valid email address,
information about your business, and a strong password (collectively,
your “Registration Information”). We may also request additional
information, such as your business’ EIN, after you have created your
Account. You agree to provide true, accurate and complete Registration
Information and to notify us promptly if any of your Registration
Information, including your email address, changes. You agree that you
will take reasonable precautions to safeguard your password and other
authentication details and keep them confidential. You are responsible
for all activity that occurs in association with your Account. Melio is
not liable for any loss or damages caused by your failure to maintain the
confidentiality of your Account credentials.
1. Multiple Users, Multiple Businesses.
1. You as a User may connect additional businesses to a single
QuickBooks account (each, a “Linked Business”). You authorize each
Linked Business to access and use your Account and the Services on
your behalf. You are responsible for all acts and omissions of your
Linked Businesses. You will ensure the security and confidentiality
of your Account and will use commercially reasonable efforts to
prevent unauthorized access to or use of the Services. You shall be
responsible for all costs, fees, liabilities, or damages incurred
through any access to or use of the Services through your Account
by a Linked Business.
2. You as a User may invite additional persons to transact on your
Account (each an “Authorized Delegate”). You authorize each
Authorized Delegate to access and use your Account and the Services
on your behalf. You are responsible for all acts and omissions of
your Authorized Delegates. You will ensure the security and
confidentiality of your Account and will use commercially
reasonable efforts to prevent unauthorized access to or use of the
Services. You shall be responsible for all costs, fees,
liabilities, or damages incurred through any access to or use of
the Services through your Account by an Authorized Delegate.
3. Privacy; Identity Authentication
1. Personally identifiable information (“Personal Information”)provided
through the Services is governed by our Privacy Policy located at
https://qbousers.meliopayments.com/privacy.html?_ga=2.156949051.1015087981.1599
983782-860201921.1599983782. By using the Services, you agree to, and
are bound by, the terms of Melio’s Privacy Policy which is
incorporated by reference into this Agreement as if it were set forth
herein in its entirety.
2. You authorize Melio, directly or through third parties, to make any
inquiries we consider necessary to verify your or your business’
identity. This may include asking you for further information,
requiring you to take steps to confirm ownership of your email
address, financial instruments, or information associated with your
business, and verifying your Personal Information and your business’
information against third party databases or through other sources. If
Melio cannot verify your or your business’ identity, Melio reserves
the right to deny you use of the Services or to limit your use of your
Account.
3. If you as a Recipient receive, in a calendar year (1) more than
$20,000 in payments made through the Services; or (2) more than 200
individual transactions through the Services, you agree to provide
Melio with your taxpayer identification number.
4. Linking a Payment Method. Once you have created an Account, you may link
various payment methods, including your depository accounts with
financial institutions (each, a “Bank Account”) or credit or debit cards.
We use Plaid
Technologies, Inc. (“Plaid”) to gather your data from financial
institutions. By using the Services, you grant Melio and Plaid the right,
power, and authority to act on your behalf to access and transmit your
personal and financial information from the relevant financial
institution. You agree to your personal and financial information being
transferred, stored, and processed by Plaid in accordance with the Plaid
Privacy Policy available at https://plaid.com/legal.
Please note that payment methods may be saved to your Account for easy
reference and submission.
4.4.1. If you are using the “Money by QuickBooks” service, you expressly
authorize Intuit to share your Money by QuickBooks account information
with Melio. If you are a Money by QuickBooks User, your Money by
QuickBooks account will be the only payment method you can use in
connection with the Services.
5. Payment Method Verification. Upon addition to your Account, your Bank
Account may be verified to confirm its validity. A temporary, small
authorization charge may appear on your bank statement. You authorize
Melio to credit your Bank Account with two (2) different and random
micro-deposits, which you will be required to enter once prompted through
the Services. You also authorize Melio to debit your Bank Account for the
amounts of the two (2) micro deposits within ten (10) business days.
6. Payment Method Representations. When you add a payment method to your
Account, you agree to the following:
* You have the authority to disclose the payment method information and
to bind the person or organization for which you act;
* You authorize the initiation of debit or credit entries, as applicable,
to the payment methods in accordance with instructions inputted through
the Services, and, if necessary, the initiation of adjustments for any
transactions debited or credited inerror;
* You acknowledge that transactions initiated from your payment method
must comply with the provisions of U.S. law;
* Your authorization will remain in effect until not later than thirty
(30) days after Melio receives written notice from you of your desire
to cancel; and
* You will not use the Services for personal, family, or household
purposes.
7. Your Existing Payment Method Terms.
1. All payment method usage associated to payments submitted via the
Services are subject to existing terms for your payment method,
including any relevant credit or transactional limits, credit and
interest terms, and rewards programs. Where applicable, Melio (and to
the extent applicable, the Banks) retains all rights and authority for
the treatment of your payment methods via the Services, which may
supersede your payment method program terms. For example, Melio may
impose a transactional limit on your payment method for payments via
the Services, which may be a lower value than the amount allowed by
your program.
2. Payments may only be made to U.S. payment methods. We may, in our sole
discretion, impose limits on the size, frequency, and timing of
payments sent through the Services, on a per transaction or a
cumulative basis, and change those limits at any time.
8. Restrictions on Payment Methods. To prevent fraud and comply with legal
obligations, we may ask for additional information from you and from
third parties. We may put your payment or your payment method on hold for
review. If you do not cooperate with our review process, your payment may
be delayed or declined. We reserve the right to limit or refuse your use
of a particular payment method for any reason in our sole discretion. We
may impose limitations on the size, frequency, and timing of payments. We
may decline to make payments or otherwise deny you use of the Services,
and we may decline to explain why.
9. Recipient Setup. To use the Services, a Payor may enter payment
information for Recipients. The Payor must provide correct and current
payment information for each Recipient as follows:
* For both check and electronic payments, the Payor must providethe
Recipient name and remittance address.
* In addition, for electronic payments, the Payor must:
* Invite the Recipient to set up an Account by sending the Recipient an
e-mail invitation through the Services;
* Input the Recipient’s bank routing number and bank account number
through the Services;
* Input the Recipient’s telephone number and email address; or
* Confirm existing Recipient details (if they have previously used the
Services and Melio has retained such Recipient details).
Please note that the ability to effect electronic payment to new
Recipients will depend on the Recipient’s willingness to provide us and
the Banks with its banking details. If the Recipient does not provide
this information, neither
the Banks nor Melio will be unable to complete your transaction
electronically and we will send such Recipient a paper check.
You are responsible for verifying the accuracy of the foregoing Recipient
information prior to scheduling payments, and neither Melio nor the Banks
will have no liability for losses or damages due to your or your
Recipient’s actions or inactions. If you invite a Recipient to set up an
Account, it will take several business days to complete the verification
process required to activate the Account for electronic payments. If you
input a Recipient’s bank routing number and bank account number on behalf
of a Recipient, you represent and warrant that you have obtained from the
Recipient the authorizations set forth in Section 4.6 above.
5. MOBILE INVOICE CAPTURE
The Services may enable you to upload an invoice using the camera on your
mobile device or computer (the “Remote Capture Service”).
1. Image Quality. The image of an invoice transmitted using Remote Capture
Service must be legible and clear. It must capture all pertinent
information from the front of the item. You authorize us to convert items
to Image Replacement Documents (“IRDs”) or transmit them as an image. If
the electronic files and/or images transmitted to us with respect to any
item do not comply with our requirements for content and/or format, we
may, in our sole discretion:
* Further transmit the item and data in the form received from you;
* Repair or attempt to repair the item or data and then further transmit
it;
* Process the item as photocopies in lieu of originals; or
* Return the data and item to you unprocessed.
2. Remote Capture Minimum Hardware and Software Requirements. In order to
use the Remote Capture Service, you must obtain and maintain, at your
expense, compatible hardware and software including but not limited to an
Internet connection and either a mobile phone or computer capable of
capturing an electronic images.
6. MAKING PAYMENTS THROUGH THE SERVICES.
1. Payment Submission. Payments can be submitted for immediate or future
processing via the Services. Payment submission requires at least the
following to be specified:
* a Recipient;
* a payment method;
* a payment amount; and
* your invoice number.
Any or all of the above fields may be pre-filled for you. As further
outlined in our Privacy Policy and the Banks’ privacy policies, you agree
to allow Melio (and to the extent applicable, the Banks) to share this
information with your payment Recipient.
2. Payment Information. Melio may require additional information from you at
the time you submit a payment. This may include, but is not limited to,
requesting additional documentation related to a specific payment or
additional details regarding the designated Recipient.
3. Satisfactory Goods or Services. By submitting your payment for processing
through the Services, you agree that the goods or services provided by
your Recipient in exchange for the payment (minus Fees) have already been
rendered to your satisfaction. You hereby forfeit any future claims
regarding insufficient or unexpected quality or untimely delivery of the
goods and services provided, including those Services rendered by Melio
in exchange for your payment of fees and those services rendered by the
Banks.
4. Processing Payments.
1. Payments made through the Services require sufficient time for your
Recipient to receive your payment and credit your account accordingly.
To make a payment, use the Services to select the date (“Process
Date”) on which Melio (or its business partners) will debit your
payment method to pay a bill or an invoice. The Services will indicate
the earliest possible Process Date for each payment. We will use
commercially reasonable efforts to issue payment within one to two
business days following the Process Date, depending on the size of the
payment and subject to “payment review,” as described in Section 10
below.
2. You will be solely responsible for scheduling payments and selecting a
Process Date for each payment that allows sufficient time for the
payment to be delivered on or prior to the bill’s due date. Typically,
it takes two to three full business days after the Process Date to
post an electronic payment and five full business days to deliver a
check payment within the territorial United States by first class
mail. Note, however, that the expected delivery timeframe is a
projected estimate based on Melio’s historical performance for a given
disbursement channel, and is subject to change.
3. Payments submitted for immediate processing will require
successful payment method authorization at time of submission, while
payments marked for future processing will require payment method
authorization on the Process Date indicated for the payment. If a
payment method fails to authorize, Melio and the Banks will be unable
to continue to process your payment, and Melio will notify you via the
Services.
5. Scheduled Payments.
1. Payments may be submitted with a Process Date in the future
(“Scheduled Payments”), but must be assigned to a payment method at
time of submission which remains valid through the payment Process
Date. The details of a Scheduled Payment, including associated Fees,
are locked in at time of submission, except where noted otherwise.
2. Prior to its Process Date, a Scheduled Payment may be cancelled or
edited via the Services. Editing a Scheduled Payment is functionally
treated as the deletion of the original Scheduled Payment and creation
of a new Scheduled Payment, and accordingly may result in alterations
not specifically requested including but not limited to recalculation
of associated fees (per Section 16.1), and reiteration of any
applicable payment review processes (per Section 9).
6. Paid Faster. “Paid Faster” is a service available to approved Recipients
that enables such Recipients to request that a payment be delivered more
quickly. Paid Faster may be subject to an additional fee which will be
displayed to an approved Recipient through the Services at the time such
Recipient requests a Paid Faster payment. In connection with Paid Faster,
Recipients remain responsible to Melio for chargebacks, clawbacks and ACH
returns pursuant to Section 14.
7. PAYMENT AUTHORIZATION. 7.1General Payment Authorization.
1. By providing us with the names and account information of Recipients to
whom you wish to direct payments, you authorize us and the Banks to
follow the payment instructions that are received from you. In order to
process payments more efficiently and effectively, the Banks, at Melio’s
instruction may submit payments to the best known Recipient address.
When necessary, the Banks, at Melio’s instruction, may alter payment
data or data formats or change or reformat your Recipient account number
to match the account number or format required by your Recipient for
electronic payment processing.
2. When Melio or the Banks receive a payment instruction, you authorize
each such party to debit your payment method and remit funds on your
behalf. You also authorize Melio or the Banks to credit your payment
method for payments returned to us by the Post Office or Recipient, or
payments remitted to you on behalf of another authorized user of the
Services.
7.2 ACH Authorization. Where you choose to pay a Recipient via ACH, you
authorize Melio or the Banks to debit your payment method in increments or
as a lump sum and remit funds in accordance with your payment instructions
through the ACH. You also give Melio or the Banks the right to resubmit any
ACH debit that is returned for insufficient or uncollected funds, or any
other reason. You agree that payment transactions will be governed by the
rules established by NACHA, the Electronic Payments Association, as in
effect from time-to-time, under which you are an "Originator", Melio is a
"Third Party Service Provider," and the Banks are the "Originating
Depository Financial Institution." You are responsible for all claims,
demands, losses, liabilities and expenses (including attorneys’ fees and
costs) that result directly or indirectly from your failure to perform your
obligations under the NACHA rules and you indemnify Melio and the Banks for
the same.
8. TRANSACTION CLASSIFICATION.
1. Cash Advances. Melio will prepare and submit credit card authorizations
as purchases rather than cash advances. However, in some cases where
Melio does not have an existing relationship with the merchant, your
credit card transactions may be treated as a cash advance. If this is the
case, we cannot support such payment. We will notify you prior to payment
submission, and you may switch to a different card or opt out of the
submitting the payment altogether.
2. Authorizations. Treatment of Melio authorizations is managed in the sole
discretion of the issuing banks. You agree to not to hold Melio or the
Banks liable for any consequences resulting from issuer treatment of card
authorizations, which may include but are not limited to cash advance
fees, impacted reward program earnings, or altered credit programs and
interest rate terms.
9. PAYMENT REVIEW.
1. Review. At any time post submission, your payment may be subject to
review, which serves to better understand the nature of and reason for
your payment. During this review process and for any reason, Melio or the
Banks may place a temporary hold on the delivery of your payment for as
long as reasonably required to conduct an appropriate inquiry regarding
you, the
Recipient, your business, a bill, payment history, and other relevant
circumstances and factors.
2. Cooperation. You acknowledge that Melio’s ability to efficiently and
effectively review your payment is reliant upon your cooperation, and you
absolve Melio and the Banks from any negative impacts to the delivery of
your payment arising from delayed, incomplete, or insufficient responses
to our inquiries.
3. Result of Payment Review. Depending on the results of this review, Melio
may instruct the Banks to clear the payment, reverse the payment, or hold
the payment pending instructions from a government agency. Melio also
reserves the right to cancel any payment. In such cases and as permitted
by applicable law, your funds will be returned to you via the original
payment method, or if necessary via other means.
1. RETURNED TRANSACTIONS.
Recipients or the United States Postal Service may return payments for
various reasons such as, but not limited to, Recipient’s forwarding address
expired, invalid bank routing number, invalid bank account number,
Recipient remittance address is not correct, Recipient is unable to
identify an account, or a Recipient account is paid in full. In addition, a
Recipient may refuse to accept a payment, and neither Melio nor the Banks
will have liability for any resulting loss or damage. Melio will use
commercially reasonable efforts to provide you with notice of returned
payments and will offer you through the Services the choice whether to void
and credit or void and reissue the payments. You agree that neither Melio
nor the Banks shall have any liability for any such returned payments.
Unless otherwise directed, Melio will void such payments. You hereby
authorize Melio or the Banks to credit such payments to your payment
method.
2. INSUFFICIENT FUNDS.
You agree at all times to maintain sufficient funds in your payment method
to satisfy all obligations including returns, reversals, and associated
fees, and to add funds immediately if Melio notifies you that your funds
are insufficient. Without limiting any other available remedies, if any
payment initiated from your payment method is returned because of
insufficient funds, you must reimburse Melio (or to the extent applicable,
the Banks) for any corresponding payment amount immediately upon demand,
plus exceptions processing fees, plus any bank fees, charges or penalties
for return items. Melio or the Banks also reserve the right to debit a
Recipient’s account for money paid to the Recipient on your behalf if your
payment is returned because of insufficient funds or any other reason. Each
of Melio and the Banksreserves the right to withhold funds from a payment
to a Recipient if the Payor has an outstanding balance with Melio. You
shall be solely responsible for all penalties, interest charges, late
payment fees and service fees resulting from such a
debit to the Recipient.
3. PAYMENT CANCELLATION REQUESTS
Scheduled payments may be cancelled, rescheduled or modified by following
the directions through the Services. There is no charge for canceling,
rescheduling or modifying a payment before it is processed. However, once
Melio or the Bank have begun processing a payment, it cannot be cancelled,
rescheduled or modified, and you must submit a stop payment request.
4. CHARGEBACKS
In the event that you as Payor initiate a chargeback, clawback, or ACH
return for a payment that has already been transmitted to the Recipient,
you agree to assign to Melio any claims against your Recipient associated
with such chargeback, clawback or ACH return. You further agree that we may
contact your Recipient directly to request reimbursement for any payment
that has been transmitted to the Recipient and for which you have initiated
a chargeback, clawback, or ACH return.
In the event that Melio receives a chargeback, clawback or ACH return, you
as Recipient authorize Melio to debit your Payment Method on file for the
amount of the chargeback plus any associated fees or to withhold funds from
future distributions.
5. STOP PAYMENT REQUESTS AND REFUNDS
1. Stop Payment Requests.
Melio’s ability to process a stop payment request depends on the payment
method and whether or not a check has been cleared. Melio and the Banks
must have a reasonable opportunity to act on any stop payment request
after a payment has been processed. You must contact Melio to stop any
payment that has already been processed. Although Melio will use
commercially reasonable efforts to accommodate stop payment requests,
neither Melio nor the Banks will have any liability for failing to do
so. Stop payment requests may be subject to additional charges.
2. Payment Refunds.
1. In certain situations following a payment submission, you may request
a refund by contacting Melio at support@meliopayments.com. The
availability of refunds and processes for their execution are
dependent on the disbursement channels by which payments are
delivered to Recipients. Melio is unable to issue partial refunds of
payments. More specific information is provided below in Sections
15.3 and 15.4.
2. Melio is also unable to initiate refunds in cases where a Recipient
has already received your payment. If this is the case, you should
contact your Recipient directly to request a refund, pursuant to
their payment terms and refund policies.
3. In the event that Melio issues a payment refund, Melio will generally
refund a proportional amount of the Melio Fee to you, less any
unrecoverable costs Melio or Evolve may incur; however, Melio will
not refund any portion of the Melio Fee when you use an American
Express card to fund your payment. In addition, if you effect a
payment refund via clawback or chargeback mechanisms, Melio will not
refund any portion of the Melio Fee.
3. Refunds for Electronic Payments. Melio may refund electronic payments,
including those delivered via Electronic Fund Transfer (“EFT”), ACH and
card network providers, prior to their disbursement.
4. Refunds for Check Payments.
1. Melio may refund payments disbursed via check prior totheir deposit
by your Recipient. If Melio has already sent a check, we may place a
“stop payment” request to ensure it cannot be deposited. In such
cases, we suggest that you contact your Recipient to let it know not
to deposit the stopped check.
2. If your Recipient attempts to deposit a stopped check, it may be
charged a fee from its bank for the exception, which it may attempt
to assign to you. You accept the responsibility of notifying your
Recipient to not deposit your check, and you agree not to hold Melio
or the Banks liable for any costs you may incur from your Recipient
in such a case.
6. MELIO FEES
1. Service Fees.
1. You understand and agree that Melio may charge Fees for access to and
use of the Melio Services. Fees will be charged to your payment
method, either in a separate transaction from any principal payments
or in a single transaction including both amounts, depending on
applicable rules.
2. Fees for immediately processed payments are charged in real- time
upon submission. Fees for Scheduled payments are locked in at time of
submission and will be charged on the payment’s Process Date. If a
Scheduled payment is edited prior to its Process Date, the applicable
Fee will be recalculated based on the presently defined rules.
2. Fee Updates. Fees may vary, depending upon factors including but not
limited to the payment’s Recipient, the payment method, and other
variables both which may or may not be controlled by Melio. Fees are
subject to change at any time without prior notice and are calculated in
real time and presented to you during review of your payment, prior to
submission or edit.
7. APPLICABLE TAXES AND PENALTIES
1. Taxes. You are responsible for all, if any, applicable taxes arising
from your use of the Services. You are furthermore responsible for all
fees, fines, penalties and other liability incurred by Melio, yourself,
or a third party caused by or arising out of your breach of this
Agreement, and/or your use of the Services. You agree to reimburse Melio
or a third party for any and all such liability.
2. Collection of Funds Owed. In the event that you are liable for any
amounts owed to Melio or the Banks, including for payments forwarded to
Recipients for which you initiate a chargeback or ACH return, you
authorize Melio (on its own behalf and on behalf of the Banks) to
collect such amounts from your default payment method or other available
payment methods. If you do not have sufficient funds available to
fulfill such payment, Melio (on its own behalf and on behalf of the
Banks) may engage in collection efforts and/or other legal actions to
recover such amounts from you.
8. ACCEPTABLE USE
1. Restricted Activities. You agree not to use the Services for the
following purposes:
* For unsupported transfers, including sending money
* not in direct exchange for a rendered good or service;
* for alimony or to escrow accounts;
* as a donation to an organization not classified as a registered
charity;
* Other than for legitimate payment purposes (e.g., to test or probe
card behaviors).
* For unsupported goods and services, including
* gambling and related activity (such as lotteries, bidding fee
auctions, sports forecasting or odds making, fantasy sports leagues,
internet gaming, contests, sweepstakes, and games of chance);
* unsupported debt types (such as credit card balances,
uncollateralized loans, auto title loans);
* certain investment accounts or to fund unsupported investments,
including but not limited to 401(k) accounts, 403(b) plans, 457
plans, 529 plans, and IRAs;
* controlled substances and related goods or services;
* tobacco, e-cigarettes, and e-liquid;
* pharmaceuticals, nutraceuticals and related goods or services;
* pornography, obscene materials, and sexually-related or “adult”
services;
* weapons, munitions, gunpowder, fireworks, and other explosives;
* gold, diamonds, precious metals and related goods or services;
* toxic, flammable, and radioactive materials; or
* other goods and services subject to government regulation.
* In violation or potential violation of applicable law, regulation,
rule, or legal interest, including
* sending or receiving potentially fraudulent funds;
* in the course of any activity regulated by the Financial Crimes
Enforcement Network (FinCEN) or any other relevant regulatory body;
* infringement or potential infringement of any party’s copyright,
patent, trademark, trade secret or other intellectual property
rights, or rights of publicity or privacy;
* acting in a manner that could be defamatory, trade libelous,
threatening or harassing;
* using your Account or the Services in violation of applicable
payment network rules.
* In a manner detrimental to our provision of the Services, including
* the provision of outdated, false, inaccurate, or incomplete
information;
* using any promotional or referral programs in a manner deemed
abusive or against the intention of said programs;
* maintain or using multiple Accounts;
* allowing other individuals to access or use your Account;
* using an anonymizing proxy;
* using the Services in a manner that results in or may result in
complaints, disputes, claims, chargebacks, fees, fines, penalties
and other liability to Melio, a third party, or you;
* imposing unreasonable demands on our technical or personnel
resources;
* facilitating viruses, Trojan horses, worms or other computer
programming routines that may damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, dataor
Information;
* using any robot, spider, other automatic device, or manual process
to access, monitor or copy our website without our prior written
permission;
* using any device, software or routine to bypass our robot exclusion
headers, or interfere or attempt to interfere, withour website or
the Services;
* taking any action that may cause us to lose any of the services
provided by our Recipients, payment processors, or other suppliers;
* reselling, re-skinning, or otherwise distributing our Services;
* breaching this Agreement or any other agreement or policy that you
have agreed to with Melio.
If you have a payment use case which is not explicitly mentioned above,
and for which you would like to confirm support, please check with us by
emailing support@meliopayments.com.
2. Remediation.
1. Melio may request more information relating to your use of the
Services to seek to identify the restricted activities identified in
Section
18.1 above (“Restricted Activities”). You agree to cooperate in any
investigation and to provide confirmation of your identity and any
information you provide to us, as we may require.
2. If we have reason to believe that you have engaged in any Restricted
Activities or that you have used our Services inappropriately, Melio
or the Banks (to the extent applicable) reserves the right to, in its
sole discretion and at any time, take any or all of the
following actions:
* Close, suspend, or limit your access to your Account orthe
Services;
* Hold, return, or reclaim funds;
* Update inaccurate information you provided to Melio or third
parties;
* Refuse to provide Services to you or related parties in the future;
* Contact your bank or notify other Users, Recipients, law
enforcement, or impacted third parties of your actions;
* Take legal action against you.
When not otherwise obligated by regulatory or compliance
considerations, Melio will provide you with notice of any such
actions.
9. THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES
The Services may enable you to connect to third-party services or products
(“Third Party Services”). If you decide to use Third Party Services, you
will be responsible for reviewing and understanding the terms and
conditions for these services. We are not responsible or liable for the
performance of any Third Party Services. Further, you agree to resolve any
disagreement between you and a third party regarding the terms and
conditions of any Third Party Services with that third party directly in
accordance with the terms and conditions of that relationship, and not
Melio. The Services may contain links to third party websites. The
inclusion of a link to a third party website does not imply an approval,
endorsement, or recommendation by Melio. Such third party websites are not
governed by this Agreement. You access any such website at your own risk.
We expressly disclaim any liability for these websites. When you use a link
to go from the Services to a third party website, our Privacy Policy is no
longer in effect.
Your browsing and interaction on a third party website, including those
that have a link in the Services is subject to that website’s own terms,
rules and policies.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL MELIO, OUR SUPPLIERS AND OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES,
BENEFICIARIES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “MELIO PARTIES”)
OR THE BANKS, THEIR SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, BENEFICIARIES,
SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “BANK PARTIES”) BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING
LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF
SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT MELIO OR THE
BANKS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY
CLAIM FOR RECOVERY IS BASED ON
THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES,
OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE TOTAL
LIABILITY OF THE MELIO PARTIES (IN AGGREGATE) TO YOU OR ANY THIRD PARTIES
IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES
ACTUALLY INCURRED IN THE SIX (6) MONTHS PRIOR TO THE DATE UPON WHICH THE
APPLICABLE CAUSE OF ACTION AROSE. FOR TEXAS RESIDENTS ONLY, EVOLVE SHALL BE
LIABLE FOR ITS FAILURE TO REMIT FUNDS RECEIVED BY MELIO PURSUANT TO
PARAGRAPH TWO OF SECTION 3.4 TO RECIPIENTS IN COMPLIANCE WITH YOUR
INSTRUCTIONS; PROVIDED, HOWEVER, THE TOTAL LIABILITY SHALL NOT EXCEED THE
AMOUNT OF THE FUNDS TRANSFERRED TO MELIO BY YOU. SUBJECT TO THE PRECEDING
SENTENCE, THE BANK PARTIES SHALL HAVE NO OTHER LIABILITY TO YOU UNDER THIS
AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages so the above limitation or exclusion may not apply
to you. In such case, the liability of the Melio Parties shall be limited
to the greatest extent permitted under applicable law.
11. DISCLAIMER OF WARRANTIES
1. THE MELIO PARTIES AND THE BANK PARTIES PROVIDE THEIR RESPECTIVE SERVICES
“AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY
KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE MELIO PARTIES AND THE
BANK PARTIES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NEITHER THE MELIO PARTIES OR THE BANK PARTIES ARE
RESPONSIBLE FOR YOUR FAILURE TO PERFORM OBLIGATIONS UNDER THE AGREEMENT
AND DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU, MELIO, THE BANKS, OR
ANY THIRD PARTY.
2. Neither Melio nor the Banks have any control over the products or
services that are paid for using the Services and Melio nor the Banks
can ensure that a Recipient you are dealing with will actually complete
the transaction or is authorized to do so. Melio does not guarantee
continuous, uninterrupted or secure access to any part of our Service,
and operation of our site may be interfered with by numerous factors
outside of our control. Melio will make reasonable efforts to ensure
that requests for electronic debits and credits involving credit cards
are processed in a timely manner but Melio makes no representations or
warranties regarding the amount of time needed to complete processing
because the Services are dependent upon many factors outside of our
control, such as delays in the banking system.
Some jurisdictions do not allow the disclaimer of implied warranties, so
the foregoing disclaimers may not apply to you.
12. INDEMNIFICATION
You agree to defend, indemnify and hold the Melio Parties and the Bank
Parties harmless (including payment of reasonable attorney’s fees) against
any claim or demand (including attorneys’ fees) made or incurred by any
third party arising out of or relating to (a) your breach of any provision
of this Agreement; (b) any actions taken by Melio or the Banks pursuant to
your instructions, including any wage-and- hour law claims; (c) your use of
the Melio Services or any Evolve services; (d) your obligations to pay fees
or fines to Melio, the Banks, or any third parties; (e) negligence or
willful misconduct of your affiliates, employees, contractors, or agents;
and (f) all third-party indemnity obligations Melio or the Banks incur as a
direct or indirect result of your acts or omissions (including
indemnification of any payment card network, card issuer, or intermediary
bank).
13. CLOSING YOUR ACCOUNT
You may request the closure of your Account at any time by emailing Melio
at support@meliopayments.com. Melio also reserves the right to close your
Account at any time with or without notice to you for any reason (including
failure to pay Fees or inactivity). You will remain liable for all
obligations related to your Account even after your Account is closed,
including any fees or charges already due to Melio.
You may not close your Account to evade an investigation. Any payments
processed prior to Account closure will be completed by the Services,
except those that may be cancelled following a payment review, per Section
10. All scheduled payments for which you have not yet been debited at the
time of Account closure will be considered cancelled.
14. MELIO’S SUSPENSION AND TERMINATION RIGHTS
Melio, in its sole discretion, reserves the right to suspend or terminate
this Agreement, or suspend, terminate, or limit your access to, or use of,
your Account or some or all of the Services at any time upon notice to you.
Please note that Melio reserves the right to terminate the Services at any
time. Melio will try to notify you in advance, but is not obliged to do so.
15. CONSENT TO ELECTRONIC DISCLOSURES
1. Consent to Communications. Because the Services are provided
electronically, you agree that Melio may provide important information
electronically. Melio will issue the following information and
disclosures (“collectively, “Communications”) electronically via the
Melio Services or via electronic mail (“email”):
1. This Agreement, the Melio Privacy Policy, any other policies
you agree to, and any amendments, modifications, or supplements to
these agreements or policies;
2. Disclosures or notices provided in connection with the Services,
including any required by applicable law;
3. Any customer service communications, including communications with
respect to claims of error or unauthorized use of the Services;
4. Transaction history information, and
5. Any other communications related to the Services or your Account.
Your consent to do business electronically and our agreement to do so
covers all transactions you conduct through the Service.
2. No Obligation to Provide Paper Communication. Although Melio reserves
the right to provide Communications in paper format at any time, you
agree that Melio is under no obligation to do so. All Communications in
either electronic or paper format will be considered to be "in writing."
You should print a paper copy of this Agreement and any Communication
that is important to you and retain the copy for your records. If you do
not wish to receive this Agreement or the Communications electronically,
you may not use the Services.
3. Withdrawal of Consent. You can withdraw your consent to receive most
Communications from Melio by emailing us at support@meliopayments.com or
following the unsubscribe procedure contained in any Communication you
receive from us. However, if you withdraw your consent, you may no
longer be eligible to use certain portions of the Services. Melio also
reserves the right to terminate your Account if you withdraw consent to
future electronic Communications. Any withdrawal of your consent to
receive electronic Communications will be effective only after Melio has
a reasonable period of time to process your withdrawal, which period of
time shall be no longer than fifteen (15) days, or such other time as is
appropriate under the circumstances, as determined by Melio in its sole
discretion. Withdrawing your consent will not affect the completion of
pending payments or the validity of completed payments.
4. Requesting Paper Documents. You have a right to receive Communications
in paper form. If, after you consent to receive Communications
electronically, you would like a paper copy of a Communication we
previously sent you, you may request a copy within 180 days of the date
we provided the Communication to you. Melio will provide paper copies
free of charge. Requests to receive any paper copy may be made by
mailing a written request to: 142 W 57th St, New York, NY 10019. We will
provide a replacement Communication within fifteen (15) business days.
In order for us to send you a paper copy of a Communication, you must
have a current mailing address on file in your Account.
5. Hardware and Software Requirements. In order to access and retain an
electronic record of Communications, you will need: a computer, a
monitor, a connection to an Internet service provider, Internet browser
software that supports 128-bit encryption, and an email address. By
clicking the "Sign Up" button, you are confirming to Melio that you have
the means to access, and to print or download, Communications.
6. Consent to Text Messages. By entering into this Agreement or using the
SERVICES, you agree to receive TEXT MESSAGES FROM MELIO AT THE TELEPHONE
NUMBER THAT YOU PROVIDE TO US. YOU AGREE THAT TEXTS may be generated by
automatic telephone dialing systems. TEXT MESSAGES from MELIO may
include but are not limited to: operational communications concerning
your Account or use of the Services, updates concerning new and existing
features OF THE SERVICES, AND communications concerning promotions run
by us or our third-party partners. Standard text messaging charges
applied by your cell phone carrier will apply to text messages we send.
7. Withdrawal of Consent to Text Message. If you wish to opt out of
promotional texts, you may text “STOP” to 347-706-5297 from the mobile
device receiving the messages. You acknowledge that you are not required
to consent to receive promotional texts as a condition of using the
Services. If you wish to opt out of all texts from Melio (including
operational or transactional texts), you can text the word “STOPALL” to
347-706-5297 from the mobile device receiving the messages, however you
acknowledge that opting out of receiving all texts may impact your use
of the Services.
16. FEEDBACK
In connection with your use of Services, you may elect to submit feedback,
suggestions and/or other comments regarding the website and/or the Services
(collectively, the “Feedback”). Melio may, in its sole discretion, decide
to incorporate some or all of this Feedback into the website and/or the
Services. You hereby grant Melio a worldwide, perpetual, nonexclusive,
sublicensable, royalty-free license to use, reproduce, distribute,
transmit, disclose, display, modify and create derivative works of all such
Feedback. You further represent and warrant that you have all rights
necessary to provide Melio the Feedback and that the use of the feedback by
Melio will not violate, infringe otherwise misappropriate any third party
rights.
17. DISPUTE RESOLUTION AND ARBITRATION
1. Governing Law and Forum. This Agreement will be governed by and
construed in accordance with the laws of the State of California without
reference to conflict of law provisions. Any action, proceeding,
arbitration hearing or mediation relating to or arising from this
Agreement must be brought, held, or otherwise occur in San Francisco
County, California.
2. WAIVER OF JURY TRIAL AND CLASS ACTIONS. PLEASE READ THIS PROVISION
CAREFULLY. IT PROVIDES THAT ANY CLAIM MAY ONLY BE RESOLVED BY BINDING
ARBITRATION AND THAT (i) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY
JURY TO RESOLVE ANY CLAIM ALLEGED AGAINST THE MELIO PARTIES; (ii) YOU
ARE GIVING UP YOUR RIGHT TO HAVE A COURT RESOLVE ANY CLAIM ALLEGED
AGAINST THE MELIO PARTIES; (iii) YOU ARE GIVING UP YOUR RIGHT TO SERVE
AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER
REPRESENTATIVE CAPACITY, AND/OR TO PARTICIPATE AS A MEMBER OF A CLASS OF
CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION FILED AGAINST MELIO AND/OR
RELATED THIRD PARTIES.
In the event of a dispute, claim, or controversy (“Claim”) between you
and Melio, or you and one or more Banks, arising from or relating in any
way to this Agreement, the Services, or to the relationship formed
between the parties as a result of this Agreement, including Claims
regarding the applicability of this arbitration clause or the validity
of the entire Agreement, the Claim shall be resolved exclusively and
finally by binding arbitration administered by the American Arbitration
Association (“AAA”) under the AAA’s Commercial Arbitration Rules. All
Claims are subject to arbitration, no matter what theory they are based
on. This includes Claims based on contract, tort (including intentional
tort), fraud, agency, your or our negligence, statutory or regulatory
provisions, or any other source of law. Claims and remedies sought as
part of a class action, private attorney general, or other
representative action are subject to arbitration on an individual
(non-class, non-representative) basis. You and Melio and you and one or
more Banks (as the case may be) will agree on another arbitration forum
if the AAA ceases operations. The arbitration will be conducted before a
single arbitrator and will be limited solely to the Claim between you
and Melio or you and one or more Banks. The arbitration, or any portion
of it, will not be consolidated with any other arbitration and will not
be conducted on a class-wide or class action basis. The prohibition
against class action contained in this Section 27 shall be non-severable
from the remainder of this Section 27.
3. Arbitration Terms. If either party prevails in the arbitration of any
Claim against the other, the non-prevailing party will reimburse the
prevailing party for any fees it paid to the AAA in connection with the
arbitration, as well as for any reasonable attorneys’ fees incurred by
the prevailing party in connection with such arbitration. Any decision
rendered in such arbitration proceedings will be final and binding on
the parties, and judgment may be entered in a court of competent
jurisdiction. Rules and forms of the AAA may be obtained and Claims may
be filed at any AAA office, www.adr.org, or 335 Madison Avenue,
New York, NY 10017, telephone 1-800-778-7879. This arbitration agreement
is made pursuant to a transaction involving interstate commerce, and
shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This
arbitration agreement applies to all Claims now in existence or that may
arise in the future. Nothing in this Agreement shall be construed to
prevent any party’s use of (or advancement of any Claims, defenses, or
offsets in) bankruptcy or repossession, replevin, judicial foreclosure
or any other prejudgment or provisional remedy relating to any
collateral, security, or other property interests for contractual debts
now or hereafter owned by either party to the other. IN THE ABSENCE OF
THIS ARBITRATION AGREEMENT, YOU AND ONE OR MORE BANKS AND YOU AND EVOLVE
MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH
A COURT BEFORE A JUDGE OR A JURY AND/OR TO PARTICIPATE OR BE REPRESENTED
IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT
EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO
A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH
ARBITRATION.
18. RELEASE OF MELIO AND THE BANKS
If you have a Claim with one or more Recipients or other third parties, you
release Melio and the Banks (and their respective officers, directors,
agents, joint ventures and employees) from any and all claims, demands and
damages (actual and consequential) of every kind and nature arising out of
or in any way connected with such Claims.
19. RESPONSIBILITY FOR COMPLIANCE WITH EMPLOYMENT LAW
To the extent that you use Melio to issue checks or payments to independent
contractors, you expressly acknowledge and agree that you (not Melio and
not the Banks) are responsible for compliance with all wage and hour laws,
including but not limited to compliance with Cal. Labor Code § 2750.3 and
all applicable laws regulating the time, place, and manner of payments for
their service. Melio provides a means for transmitting funds. However, you
(not Melio and not the Banks) are responsible for complying with all laws
pertaining to the classification of independent contractors and payment for
their services.
20. GENERAL
1. Complete Agreement. This Agreement together with any other Melio
documents, policies and/or agreements referenced herein sets forth the
entire understanding between you and Melio with respect to the Services
and you and the Banks with respect to banking services or payment
processing services. The following sections of this Agreement and all
other terms which by their nature should survive, will survive the
termination of this Agreement: 20 (Limitation of Liability), 21
(Disclaimer of Warranties), 27 (Dispute Resolution and Arbitration), 28
(Release of
Melio and the Banks), and 30 (General). If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced.
2. Intellectual Property. “Melio”, and all logos related to Melio, are
either trademarks or registered trademarks of Melio or its licensors.
You may not copy, imitate or use them without Melio's prior written
consent. In addition, all page headers, custom graphics, button icons,
and scripts are service marks, trademarks, and/or trade dress of Melio.
You may not copy, imitate, or use them without our prior written
consent. All right, title and interest in and to the Melio website, any
content thereon, the Services, the technology related to the Services,
and any and all technology and any content created or derived from any
of the foregoing, is the exclusive property of Melio and its licensors.
3. Force Majeure. Neither Melio nor the Banks shall be liable for any
issues or delayed performance caused by circumstances beyond Melio's or
the Banks’ reasonable control, including without limitation, acts of
God, acts of government, flood, fire, earthquakes, civil unrest, acts of
terror, strikes or other labor problems, service provider failures or
delays.
4. Assignment. You may not transfer or assign any rights or obligations you
have under this Agreement without Melio's prior written consent. Melio
reserves the right to transfer or assign this Agreement or any right or
obligation under this Agreement at any time.
5. Severability. If any provision of this Agreement is held to be contrary
to law, such provision shall be changed and interpreted so as to best
accomplish the objectives of the original provision to the fullest
extent allowed by law and the remaining provisions of this Agreement
shall remain in full force and effect.
6. No Waiver. If Melio fails or delays in exercising any right, power or
remedy or to take action against any breaches of this Agreement, it does
not mean that it waives its right at a later time to enforce the same.
7. Contacting Melio. Unless otherwise stated in this Agreement, notices,
inquiries, and requests to Melio should be emailed to
support@meliopayments.com. Please note that email communications sent to
Melio for Account-related matters (e.g., late fee reimbursements, refund
requests, etc.) must come from the email address listed in your Account.
Account-related communications initiated via other channels may require
identify verification in order to obtain information or change settings.