Licence Agreement

END-USER LICENSE AGREEMENT

Last updated October 01, 2025.

1. ABOUT YOU, US AND THIS LICENCE AGREEMENT

Maxa Contactless, (hereinafter the “Application”) is a service licensed to End User (“You”, “Your”) by Maxa London Ltd (hereinafter the “We”, “Us” or “Our”), registered at 43 Manchester Street, London W1U 7LP, United Kingdom. Your use of the Application is subject to terms of this End-User License Agreement (the “Terms”), as well as to our Privacy Policy.

These Terms may be updated by Us from time to time, for example to reflect changes to the Application’s features or for regulatory reasons. If You continue to access or use the Application after these Terms have been updated, You will be deemed to have read, understood and unconditionally agreed to such changes. If You do not agree to the changes, We shall have a right to terminate these Terms and prevent Your usage of the Application.

2. ABOUT THE APPLICATION – MAXA CONTACTLESS

  1. The Application is a mobile application and a part of Our cloud-based payment acceptance solution, which enables online merchants (“Online Merchant”) and their banks (“Acquiring Bank”) to control, configure, operate and use the Application and Your NFC mobile device as their temporary point of sale terminal, which can be used to (i) make payments to and refunds from the Online Merchant (“Transactions”) using Your contactless credit, debit or prepaid cards or payment devices (each a “Card”); and (ii) receive notifications, receipts and details of Transactions made using the Application (“Service”).

  2. Please note that in order to perform Transactions, the amount to be paid is solely defined by the Online Merchant and the Application is configured for the Transaction by the Online Merchant’s Acquiring Bank. You will only verify and authorise the Transaction using your Card and when required the Card’s PIN as defined by the Online Merchant in order to complete the Transaction.

3. BASIC REQUIREMENTS

  1. By agreeing to these Terms, You confirm that You are capable of entering into a legally binding agreement with Us.

  2. Use of the Application requires your device to have access to Internet, as well as obtaining updates or upgrades from time to time. Because use of the Application involves hardware, software, Internet access and applicable updates, Your ability to use the Application (including without limitation to receive transaction notifications) may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is Your responsibility.

4. WHAT THIS AGREEMENT COVERS

  1. We hereby grant You a non-transferable, non-exclusive, limited, personal and revocable right and license to access and use the Application for Your personal use only, provided that You comply fully with these Terms.

  2. You shall not interfere or attempt to interfere with the operation or use of the Application in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use the Application for any purpose that is unlawful or prohibited by these Terms. You are specifically prohibited from using the Application in connection with any content, services, programs or applications that (i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other malwares that impact or limit the functions or services provided by the Application or the devices supporting the Application. The Application is not permitted to be used on, and may not function on, devices which have had security measures removed (“rooted” or “jailbroken”).

  3. You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Application (and/or the related back-end system, including but not limited to the server software components, etc.) in whole or in part except as such right cannot be restricted by the applicable law.

  4. If You fail to comply with, or We suspect that You have failed to comply with any provisions of these Terms, We, in Our sole discretion and without notice to You, may immediately (i) suspend or terminate Your use of the Application; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Application. This paragraph does not affect Our other rights and remedies, all of which are expressly reserved.

  5. The features of the Application may vary based on the Online Merchant and their Acquiring Bank, Your location, device model and Card, and may change from time to time, for example to make improvements to security, carry out technical updates, develop new functionality or improve the Application user experience. We expressly reserve the right to, in Our sole discretion, change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Application at any time.

  6. This license will govern any updates of the Application by Us that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update.

  7. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, the user must comply with applicable third-party terms and conditions.

Security

  1. You may be asked to authorize the Transaction by entering your Card PIN using the keypad of the Application. It is Your responsibility to keep the PIN safe and to ensure it cannot be observed by anyone when You enter it. The PIN is encrypted using the industry standard strong encryption methods end-to-end from the Application to the Merchant’s Acquiring bank. We or the Online Merchant will not receive or otherwise see the PIN or Your Card number or expiry date.

Transactions with Online Merchants

  1. We do not process Your Transactions and cannot guarantee the delivery of funds. We provide the Online Merchant and their Acquiring Banks with access to the Application on Your device to enable the Transaction and pass through the encrypted Transaction data to the Acquiring Bank and transmit the response from Your Card Issuer and/or the Acquiring Bank back to the Application and to the Online Merchant. We will have no further involvement in the Transaction, and You acknowledge and agree that such Transaction is solely between You and the Online Merchant and not with Us (or any of Our possible affiliates). You should contact the Online Merchant or Your Card Issuer directly regarding any issues with Transactions, including refunds and disputes.

  2. We are not responsible for any loss of funds.

  3. You represent and warrant that all Transactions You make comply with applicable law.

5. KEEPING IT RUNNING FOR YOU
  1. You acknowledge that We have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
6. WE DON’T USE OR KEEP YOUR DATA

  1. When You make a Transaction using the Application, We will not pass any Card or personal information to the Online Merchant. We will pass as required the Transaction data, including Card related information to the Acquiring Bank so that it can charge Your Card account.

  2. In order for Us to provide the Service for You and Online Merchants, You permit Us to store information about Your device and the Application. We store the mobile phone number and a device id of Your device on Our cloud-based server strictly to be able to provide You and Online Merchants with the Service. Our use of such information is subject to the Our Privacy Policy.

7. THIS IS THE SMALL PRINT YOU SHOULD READ

  1. We will use reasonable care and skill in providing the Application to You in accordance with these Terms, and We warrant to You that the Application will be of satisfactory quality and fit for the purpose of enabling Transactions, and using such other functionality made available in the Application from time to time, subject to clause 7.2 below.

  2. We do not provide the undertaking and warranties set out in clause 8.1 in respect of any actor omission connected to: (i) the processing of Your Transaction(s) once they have been forwarded by the Application, which shall be the responsibility of Your Card Issuer(s); (ii) the acceptance of payments using the Application by the Online Merchant or Online Merchant receiving the payment or the performance, security or availability of their systems including without limitation their in-app payment systems; (iii) the performance, security or availability of the payment networks or independent intermediaries such as Online Merchant acquirers; (iv) any unavailability, delay, vulnerability, failure, or error of or caused by any system, process or other element outside of Our control; (v) any factor set out in clause 3.2 above; and (vi) Your use of the Application otherwise than in accordance with these Terms and Your relevant cardholder agreement(s). Further, You acknowledge that the Application is not provided according to Your specific circumstances whether or not You have made Us aware of those circumstances. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A THIRD-PARTY) TO USE OR HANDLE YOUR DEVICE OR THE APPLICATION.

  3. Disclaimer of Warranties. EXCEPT AS SET OUT IN CLAUSE 7.1, THE APPLICATION IS PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR PARTNERS, EMPLOYEES, LICENSORS AND SUBCONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO THE APPLICATION, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, WE AND OUR PARTNERS, EMPLOYEES AND SUBCONTRACTORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE APPLICATION WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (iii) BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) ANY UNAUTHORISED ACCESS.

  4. Disclaimer of Certain Damages. IN NO EVENT SHALL WE OR OUR PARTNERS, EMPLOYEES OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY LOSSES THAT WERE NOT FORESEEABLE BY THE PARTIES WHEN ENTERING INTO THESE TERMS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, OR ANY LOSSES THAT WERE NOT CAUSED BY ANY BREACH ON THE PART OF US OR OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS EVEN IF WE OR OUR EMPLOYEES, PARTNERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (IN ALL CASES, WHETHER IN CONTRACT, TORT, OR OTHERWISE).

  5. Limitation of liability. CLAIMS FOR DIRECT LOSSES AGAINST US OR OUR GROUP COMPANIES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, WHETHER AS A RESULT OF THE COMPANY’S BREACH OR FAILURE OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE REVENUE WE RECEIVED FOR PROVIDING THE SERVICE FORTHE RELEVANT TRANSACTION(S), UP TO A LIMIT OF 10 EUR PER TRANSACTION.

  6. THE LIMITATIONS IN THIS SECTION DO NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. HOW TO CONTACT US
  1. For general inquiries, complaints, questions or claims concerning the Application, please contact us using this form:

https://app.maxacontactless.com/let-us-know/

9. IF THINGS GO BADLY WRONG

  1. These Terms shall be governed by and constructed in accordance with the laws of United Kingdom, excluding its choice of law provisions.

  2. Any dispute arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

  3. The number of arbitrators shall be one.

  4. The seat, or legal place, of arbitration shall be London.

  5. The language to be used in the arbitral proceedings shall be English.

10. LANGUAGE HIERARCHY CLAUSE

In the event of any discrepancy, conflict of interpretation, or doubt between this language translation and the original English version of the End User License Agreement, the English version shall prevail and be legally binding.