3. Not a Bank. Other than the limited function we provide in facilitating the ability to pay or be paid, Cheddar Up is not involved in any underlying transaction between you and any third party (regardless of whether that third party is also a user of our Services). We are not a bank and do not offer banking services. We are not a guarantor of payment or otherwise liable for payment. Cheddar Up is not responsible for missed payments, fraud, or any other issues related to payments.
4. Fees. You agree to pay all fees for use of the Services as set forth on the Fees Page. You must represent to Cheddar Up that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services are provided “As Is” with no warranties of any kind. Cheddar Up may change the fees for its Services from time to time.
5. Refunds. Collectors can make refunds to payers as they deem necessary, once the funds have cleared and if they have an active balance on the collection at hand, with some limitations. If a collection does not have an active balance or if a Reserve Amount is in effect and initiating a refund would put the collection balance below the Reserve Amount, the except as otherwise provided herein the collector can use Cheddar Up’s “Fund Collection” feature available on the collection’s Manage view to add funds to their collection in order to issue refunds. Learn more about refunds here. It can take up to 10 business days for refunds to be reflected on a payer’s bank or credit card statement. Cheddar Up does not issue refunds for users who subscribe to its Monthly Pro and Team subscription plans, but subscription plans can be cancelled (to prevent future monthly payments) at any time. To learn more about Cheddar Up’s Refund Policy and how and when refunds are possible for Cheddar Up’s Annual Pro and Team subscription plans and for payment transaction fees, go here. Cheddar Up may decline to act upon a refund request, or delay execution of the refund if there are not enough funds to cover the refund in the collector’s Cheddar Up collection.
6. Disputes and Chargebacks; Reserve Amount. For the purpose of this section, a “dispute” means an instruction initiated by a payer for the return of funds for an existing payment including a chargeback or dispute on a payment card network; returns or other disputes on the Automated Clearinghouse (ACH) network or any wire transfer system; transactions attempted but rejected for insufficient funds; and similar disputed or rejected transactions or attempted transactions (each a “disputed payment”).
As a user of the Services, you (as a collector) maintain the direct relationship with your payers and are responsible for: (i) acquiring appropriate consent to submit payments through the Platform or any Services on your behalf; (ii) verifying payers’ identities; and (iii) determining a payer’s eligibility and authority to complete payments. Collectors must recognize that even authorized payments may be subject to a dispute. Cheddar Up is not responsible for or liable to you for authorized and completed payments that are later the subject of a dispute, are submitted without authorization or in error, or violate any laws. You (as a collector) are immediately responsible to pay Cheddar Up for all disputed payments regardless of the reason or timing, including both the disputed payment amount plus amounts (a “Dispute Fee”) determined by Cheddar Up in its sole discretion to cover all insufficient funds fees, return charges, or similar costs and losses of any kind associated with any dispute or disputed payment.
In addition to any other conditions it may impose on its delivery of any collections or other Services, Cheddar Up may require a cash reserve (the “Reserve Amount”) of any collector in an amount that reflects Cheddar Up’s assessment of risk in its sole discretion from time to time. Cheddar Up may fund the Reserve Amount by directing the holdback of transaction proceeds otherwise due to collector. The Reserve Amount is a general obligation of Cheddar Up, subject to the terms of this Agreement, and not a segregated fund that the collector may claim to own or characterize as an asset of the collector. Cheddar Up will notify the collector if a Reserve Amount is established (including its amount) or if the amount of the Reserve Amount is modified. Each collector agrees to fund the Reserve Amount within two (2) business days’ notice of receipt of any notice from Cheddar Up in the event transaction proceeds directed to be held back by Cheddar Up are insufficient to do so. You (as a collector) grant and acknowledge that Cheddar Up has a security interest in the Reserve Amount and, at Cheddar Up’s request, will provide additional documentation to reflect this security interest and cooperate with Cheddar Up to take additional steps determined by Cheddar Up to be appropriate to perfect the security interest. Any Reserve Amount will be maintained for as long as Cheddar Up determines in its sole discretion that it is necessary for its risk management purposes for it to be maintained, including following termination of this Agreement or particular Services for any reason, and the provisions of this Section 6 shall survive such termination.
If you fail to pay amounts due, if your Cheddar Up Account balance is negative or does not contain funds sufficient to pay amounts that you owe under this Agreement, including in connection with disputes and disputed payments, or under any other agreement with Cheddar Up, or if Cheddar Up is unable to collect amounts due from your Cheddar Up Account or any bank account or debit or credit card on file with Cheddar Up, then Cheddar Up may, unless prohibited by applicable law, with or without separate notice, deduct, recoup or setoff those amounts from any available Reserve Amount funds or any funds (whether or not already designated as Reserve Amount funds) payable by Cheddar Up to you.
When you add a withdrawal method to Cheddar Up, it is stored as both a withdrawal method and a payment method should it be necessary to recover disputed payments and associated fees and other amounts as described herein. If such amounts are not able to be recovered by Cheddar Up as described herein, you are responsible for immediately paying these amounts to Cheddar Up.
In many but not all cases, when a dispute is filed by a payer, Cheddar Up will notify the collector. The collector may have the ability to challenge a dispute by submitting evidence of its validity to Cheddar Up. Cheddar Up may request additional information to provide to payment providers and acquirers to assist in contesting the dispute, but we cannot guarantee that the challenge will be successful, assume no obligation or liability for contesting any dispute or disputed payment, and shall be held harmless for any actions taken or not taken in connection therewith. Payment providers and payment acquirers may deny dispute challenges for any reason they deem appropriate. Where a challenge is entirely or partially successful, except as otherwise provided herein the collector’s Cheddar Up Account will be credited with the funds associated with the payment that is the subject of the dispute (or a portion thereof). You may not submit a new payment that duplicates a payment that is subject to a dispute. If a disputed payment is challenged and lost, the collector is responsible for immediately paying Cheddar Up the amount of the disputed payment plus a Dispute Fee if it has not yet been recovered, under any circumstance. If any conflict should arise related to a dispute on your Cheddar Up Account, you are responsible for paying the cost of any reasonable attorneys’ fees incurred by you and Cheddar Up that are required to resolve the conflict.
7. Selling of Goods. If the Platform is used to collect money for the sale of goods, Cheddar Up is not responsible for the quality, shipment, or delivery of these goods. If you purchase something that is not delivered, you must work directly with the third party (or collector) to resolve the matter. If you fraudulently sell goods on the Platform, Cheddar Up has the right to attempt to recover these funds from your Cheddar Up Account, connected bank account or debit card, Reserve Amount, or otherwise as described herein.
8. Fraud. If Cheddar Up detects that you have collected funds fraudulently into your Cheddar Up Account, Cheddar Up has the right to attempt to recover any collected funds (and associated disputed payments and Dispute Fees as described in Section 6 hereof) from your Cheddar Up Account or connected bank account or debit card, Reserve Amount, or otherwise as described herein.
10. Compliance with Laws. You agree not to use the Services to purchase illegal goods or services, seek payment for other than what is rightfully owed, or otherwise to participate in any activity that violates applicable law. You agree to comply with applicable law.
12. Termination of Cheddar Up Services. Cheddar Up may at any time and without notice, terminate the Platform in part or in entirety or any products or Services.
14. Cheddar Up Ownership. CheddarUp.com and the Cheddar Up mobile apps are owned and operated by Cheddar Up. Unless otherwise noted, Cheddar Up either owns or has otherwise obtained a license from a third party to use: the design and content of the Platform, including illustrations, images, artwork, graphics, photography, product layout and design, icons, navigational buttons, audio, software, text, data, and other information and materials as well as the assembly and arrangement of those components (the “Site Content”). The Platform, as a whole and in part, is protected by copyright, trademark, and other intellectual property and proprietary rights. All rights are reserved, and your use of any Service gives you no license or any claim of ownership to any of those rights.
16. Eligibility to Use the Platform. The Platform and the Services are not intended for users under the age of 18. To register for any Services offered by Cheddar Up, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Platform in conjunction with your parents or guardians. Cheddar Up does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to Cheddar Up. If a child under 18 submits information through any part of CheddarUp.com or the Cheddar Up mobile apps or otherwise on or through the Platform, and Cheddar Up becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
17. Registering with Cheddar Up. You must open an account with Cheddar Up (a “Cheddar Up Account”) to collect on our platform. During registration we will ask you for information, which may include but is not limited to, your name and other personal information. You must provide accurate and complete information in response to our questions, and you must keep that information current. You are fully responsible for all activity that occurs under your Cheddar Up Account, including for any actions taken by persons to whom you have granted or have attained access to your Cheddar Up Account. We reserve the right to change the account type, suspend or terminate the Cheddar Up Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
(a) is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, obscene, offensive, indecent, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
(b) is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
(c) is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy.
(d) is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
(f) is libelous, defamatory, knowingly false, or misrepresentative;
(g) seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
(h) infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
(i) includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
(j) is harmful or malicious to the systems or networks of Cheddar Up or any other persons;
(k) interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
(l) violates any obligation of confidentiality or violates the privacy or any other right of any third party;
(m) consists of any other User Content that Cheddar Up in its sole discretion deems to be Unacceptable Content.
20. Linking to the Website. You may link to the homepage of CheddarUp.com, but only if you do so in a way that is fair and legal and neither damages our reputation nor takes advantage of it. You must not establish a link in such a way to suggest any form of approval, endorsement, or association by Cheddar Up, unless we have provided our prior written consent.
21. Third-Party Linkage. Cheddar Up may link to third-party sites and third-party sites may link to CheddarUp.com. You acknowledge that Cheddar Up has not reviewed and does not endorse the content of third-party sites linked to and from CheddarUp.com and is not responsible for the content or actions of these other sites, including any third-party sites that may display Cheddar Up’s logo or branding. Your linking through CheddarUp.com to any site is at your own risk.
22. Copyright Complaints. Cheddar Up respects the intellectual property of others, and we ask our users to do the same. Cheddar Up may, in its sole discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, or that the Platform contains links or other references to another online location that contains material or activity that infringes your copyright rights, please send us a written notice. Specifically, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512 (“DMCA”), the written notice must include the following:
(a) your physical or electronic signature;
(b) identification of the copyrighted work or works you believe to have been infringed in a sufficiently precise manner to allow us to locate that material;
(c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
(d) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in the written notice is accurate; and
(f) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in an ineffective notice. Please also note that if you knowingly and materially misrepresent that material on the Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Our designated Copyright Agent to receive DMCA Notices is:
Cheddar Up, Inc.
2696 S. Colorado Blvd., Unit 270
Denver, CO, 80222
23. Disclaimer of Warranties. YOUR USE OF THE PLATFORM, THE SERVICES, AND THE PRODUCTS AND SERVICES OF ANY THIRD-PARTY PROVIDERS IS “AS IS” AND AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CHEDDAR UP, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND RELIABILITY. CHEDDAR UP AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT WARRANT THAT ACCESS TO THE PLATFORM OR ANY SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES.
24. Limitation of Liability. REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION AND REGARDLESS OF FORESEEABILITY, CHEDDAR UP AND ANY THIRD-PARTY SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR:
(b) YOUR INABILITY TO ACCESS CHEDDARUP.COM OR THE CHEDDAR UP MOBILE APPS;
(c) YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE CONTENT, OR MATERIALS AVAILABLE THROUGH THIRD-PARTY SITES LINKED TO THE PLATFORM; AND
(d) ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICIOUS SOFTWARE (MALWARE) THAT ARE ALLEGED TO HAVE BEEN OBTAINED FROM THE PLATFORM, THE SERVICES, OR OTHERWISE THROUGH CHEDDAR UP.
26. Release. YOU HEREBY AGREE TO RELEASE CHEDDAR UP AND ANY THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANYWAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
27. Security. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. Unfortunately, no data that is transmitted over the Internet or stored on servers that can be accessed via the Internet can be guaranteed to be absolutely secure. You provide your personal information at your own risk. You are responsible for safeguarding your password and for restricting access to Cheddar Up’s services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or Cheddar Up Account or any other breach of security. In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Cheddar Up Account subject to dispute) will be final and binding on all parties. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the email address you provided to us when you registered with Cheddar Up.
28. Electronic Communications. When you visit CheddarUp.com or the Cheddar Up mobile apps or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email, text or by posting notices on CheddarUp.com or the Cheddar Up mobile apps or otherwise in connection with the Platform or any Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(a) Remove or refuse to post any User Content for any or no reason in our sole discretion.
(c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(d) Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Platform.
30. Jurisdiction; Governing Law. Cheddar Up makes no representation that the Site Content, the Platform, the Services, or products offered through the Platform are appropriate, available, or legal in any particular location. Those who choose to access the Platform, the Site Content, the Services, and any products and information offered through the Platform do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
31. Cheddar Up is for use in the United States and Canada. The Platform is hosted in the United States and is intended for users located in the United States and Canada. If you are a non-U.S. or non-Canada user of the Platform, by visiting our website, using our Services, or providing us with any User Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
32. Trademark Notice. Cheddar Up and the cheese-block and arrow logo are trademarks of Cheddar Up, Inc. Other featured words or symbols used to identify the source of third-party merchandise or services, may be the trademarks of their respective owners.
33. Acceptance to Stripe Services Agreement. Payment processing services for collectors and payers on the Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a collector or payer on the Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cheddar Up enabling payment processing services through Stripe, you agree to provide Cheddar Up accurate and complete information about you and your organization, and you authorize Cheddar Up to share it and transaction information related to your use of the payment processing services provided by Stripe.