Last updated October 1, 2025
IMPORTANT - READ CAREFULLY:
These Conditions of Use (“COU”) establish a legal agreement between you and transmodus Corporation (“TMC”) for the TMC products or services accompanying this COU, which includes Web Services, Application Programming Interfaces (APIs), TMC’s website https://linked2pay.com/ (“Website”) and Software Development Kits (SDKs), and any other products and services that TMC may make available from time to time (collectively, “TMC Services”). TMC also does business as linked2pay (“L2P”) and paycosmos (“PC”). The TMC Services the subject of this COU may be provided and/or performed by TMC, L2P, or PC. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS COU, BY USING THE TMC SERVICES. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION IN THIS COU, DO NOT USE THE TMC SERVICES.
The TMC Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The TMC Services are licensed to you for use only in accordance with the terms and conditions of this COU, and not sold in any sense whatsoever. TMC and its suppliers shall retain title and all ownership rights to the TMC Services, and this COU shall not be construed in any manner as transferring any rights of ownership or license to the TMC Services or to any feature or information contained therein, except the limited rights to use as specifically stated in Sections 2 and 3 below.
TMC hereby grants you a limited, nonexclusive, non-transferrable, non-sublicensable, royalty- free license to use the TMC Services solely for their intended purpose (the “Purpose”).
You may not modify, reverse engineer, decompile, or disassemble the TMC Services. You may not transfer, sublicense, rent, lease or lend the TMC Services or provide any type of hosting services in connection with the TMC Services. Without prejudice to any other rights, TMC may terminate this COU and your access to the TMC Services for any reason, including your failure to comply with any terms or conditions of this COU. You agree that the TMC Services are owned by TMC and/or its suppliers and all rights not expressly granted herein are reserved by TMC and/or its suppliers, as applicable, and undertake not to challenge or assist any person to challenge such rights in any manner. You agree that TMC and its affiliates may collect and use technical, business, financial and personal information gathered as part of the product support services provided to you, if any, related to the TMC Services. TMC or its affiliates or suppliers may share your data and information with affiliated third parties for business purposes, but never in a manner prohibited by applicable laws, rules and regulations. TMC’s sharing or use of such data or information will at all times be compliant with applicable law. TMC may use or share your data and information in conjunction with providing the TMC Services to you and with companies TMC includes in ancillary products or services offered in conjunction with the TMC Services. TMC will not sell or share your data or information with unaffiliated companies. Please review our Privacy Policy regularly for more information as the policy is subject to change without warning or notification to you. You agree in all instances to use the TMC Services in strict compliance with all applicable laws, rules and regulations, and you agree to indemnify TMC against, and hold TMC harmless from, any impermissible or illegal activities that you engage in utilizing the TMC Services.
You understand and agree that TMC may provide updates or maintenance to the TMC Services from time to time but TMC shall have no obligation to provide any updates or maintenance to you in relation to the TMC Services licensed to you under this COU. In case that TMC provides any update or maintenance to the TMC Services, this COU shall automatically apply to such update or maintenance, unless TMC provides other terms along with such update or maintenance.
Use of the TMC Services for any purpose other than as specifically permitted hereunder or in writing by TMC is a violation of this COU and you agree that such use constitutes a blatant and flagrant violation and fundamental breach of this COU and will be subject to any and all remedies and/or penalties available to TMC and/or its supplier(s) under applicable law. To the extent applicable, you have the exclusive responsibility to calculate, charge, collect and remit state and other taxes applicable to your sales of goods and services, if any. You shall be solely responsible for your actions and the actions of your employees, agents and representatives, and you shall insure that your employees, agents and representatives comply with this COU in all respects. You shall provide connectivity and security to the Internet for your location(s) for purposes of providing access to the TMC Services. TMC shall not be responsible for the reliability, speed or continued availability of the communications lines, or the corresponding security configurations you use in accessing the Internet to access the TMC Services. You are responsible for ensuring that all your data used in connection with the TMC Services is accurate, not corrupt in any way, does not contain vulgar or illegal content, does not infringe the rights of any third party, and does not contain any viruses. You shall not, intentionally or otherwise, permit the introduction of or introduce viruses, bugs, errors, inaccuracies or any malicious software into the TMC Services.
You understand that the TMC Services contain confidential, proprietary or trade secret information (together “Confidential Information”) of TMC and/or its suppliers and shall be maintained in strictest confidentiality. You agree that the confidentiality obligations, including without limitation the following, are an essential part of this COU and any unauthorized disclosure by you constitutes a fundamental breach to this COU. You agree to: (i) not use the Confidential Information disclosed by TMC for any purposes other than the Purpose; (ii) protect TMC's Confidential Information in the same manner and with the same degree of care, but not less than a reasonable degree of care, against unauthorized use, dissemination, publication or disclosure, as you protect your own confidential or proprietary information of a like nature; (iii) limit the use, circulation of and access to TMC’s Confidential Information to your directors, officers and employees, if any, who have a need to know in connection with the Purpose, are under binding obligations of confidentiality no less restrictive than those of this COU, and have been notified that such information is Confidential Information for the Purpose, and you shall be held liable if such persons do not adhere to such requirements; (iv) not copy any of TMC’s Confidential Information except as reasonably required for the Purpose; (v) reproduce TMC’s proprietary rights notices on any such authorized copies, in the same manner in which such notices were set forth in or on the original; (vi) not reverse engineer, disassemble or decompile any prototype, software or other tangible object that embody TMC’s Confidential Information; and (vii) notify TMC in writing immediately upon the occurrence of any unauthorized release, disclosure or other breach or upon presence of threat of such occurrence. You understand and agree that disclosure or use of the TMC Services except as authorized above will result in irreparable harm to TMC and/or its suppliers and that monetary damages may be inadequate to compensate TMC and/or its suppliers for such breach. Accordingly, you agree that TMC will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive reliefs to enforce the terms of this Agreement. You hereby also agree that TMC can discuss your data and other information and/or disclose your data and information to any person or entity that states they are authorized by you to discuss or obtain such information if TMC reasonably and in good faith believes that such authorization is legitimate. You, not TMC, are responsible for ensuring that all persons or entities contacting TMC purportedly on your behalf are authorized to do so. You must notify TMC in writing when you revoke the authority of any person or entity previously authorized by you to discuss or obtain your information. Additionally, from time to time, you may submit to TMC comments, questions, enhancement requests, suggestions, ideas, process descriptions or other information related to the Services (“Feedback”). You hereby grant TMC a worldwide, perpetual, irrevocable, royalty-free license to use, share, exploit and incorporate the Feedback for any purpose without restriction, attribution or payment to you.
All title, copyrights and other intellectual property rights in and to the TMC Services (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the TMC Services), the accompanying printed materials, and any copies of the TMC Services are owned by TMC and/or its suppliers. The TMC Services are protected by copyright laws, other intellectual property laws and international treaty provisions. Therefore, you must treat the TMC Services like any other copyrighted material. You may not copy any printed materials accompanying the TMC Services without express authorization in this COU or prior written permission of TMC.
You acknowledge that the TMC Services licensed for use hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the TMC Services, you will not export or re-export the TMC Services, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions; (ii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end user who has been prohibited from participating in the U.S.A. export transactions by any federal agency of the U.S.A. government. You further acknowledge that the TMC Services may include technical data subject to export and re-export restrictions imposed by the laws of the U.S.A.
The TMC Services are provided "AS IS" AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TMC FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY TO TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE TMC SERVICES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE TMC SERVICES AND DOCUMENTATION REMAINS WITH YOU. NO ACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT OR COMMUNICATION BY TMC OR ITS SUPPLIER(S) IN RELATION TO THE TMC SERVICES, EVEN IF PRESENTED IN THE FORM OF A PRODUCT WARRANTY, WHETHER PRIOR TO, ON OR AFTER THE DATE OF THIS COU, SHALL BE INTERPRETED AS AN ANNULMENT, IMPAIRMENT OR MODIFICATION TO THIS DISCLAIMER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TMC AND/OR ITS SUPPLIER(S) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TMC SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE TMC SERVICES OR OTHERWISE ARISING OUT OF THE USE OF THE TMC SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS COU, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TMC AND/OR ANY OF ITS SUPPLIERS, AND EVEN IF TMC AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU HAVE WAIVED ALL RIGHTS TO ALL REMEDIES, WHETHER IN LAW OR IN EQUITY, EXCEPT IN THE EVENT OF A FUNDAMENTAL BREACH BY TMC AND/OR ANY OF ITS SUPPLIERS, IN WHICH CASE YOU HAVE THE EXCLUSIVE AND SOLE REMEDY TO REQUEST AN UPDATED VERSION OF THE TMC SERVICES, WHICH TMC HAS THE SOLE DISCRETION TO DETERMINE WHETHER TO SATISFY.
This COU shall be governed by and construed in accordance with the laws of the State of California. In case of any dispute arising out of or in connection with this COU, you have consented to the exclusive jurisdiction of the federal and state courts sitting in the State of California. You agree that TMC shall be entitled to recover all reasonable attorney’s fees if TMC prevails in any case or dispute arising out of or in connection with this COU.
Please review our Privacy Policy, which also governs your use of the TMC Services, to understand our practices.
When you use TMC Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with TMC electronically. You consent to receive communications from TMC electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other TMC Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that TMC provides to you electronically satisfy any legal requirement that such communications be in writing. Except to the limited extent that (i) opt out provisions are required by applicable law, or (ii) the TMC Services specifically offer functionality permitting certain opt out features, any attempt to opt out of receiving electronic communications in any form from TMC shall be null and void.
Except for any signed written agreement that is in effect between you and TMC, this COU (including any of its addendums or amendments) constitutes the entire agreement between you and TMC relating to the TMC Services and the support or maintenance services therein (if any) and shall replace and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the TMC Services or any other subject matter covered by this COU. To the extent the terms of any TMC policies or programs for support services conflict with the terms of this COU, the terms of this COU shall control. If any provisions of this COU are held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. No delay in enforcing a right or remedy under this COU shall be deemed to be a waiver. You cannot transfer or assign this COU or any right or obligation herein to any person without prior written consent from TMC. In the event of any conflict between this COU and any other signed written agreement between you and TMC, the terms and conditions set forth in such signed written agreement will control.