Airpass End User License Agreement (EULA)  

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Last Updated: 14 October 2025
This End User License Agreement (“Agreement”) is between you (“User” or “you”) and Airpay Financial Technologies Pty Ltd (ABN 99 615 157 572) (“Airpay”, “we”, “us”, or “our”), governing your use of the Airpass mobile application (“App”) installed on Clover POS devices and related services provided by Airpay (collectively, the “Service”).

By installing or using the App, you agree to this Agreement and to the Airpay Privacy Policy. If you do not agree, do not use the App.

This Agreement applies to the use of the Airpass App within Australia only.

 

  1. License Grant

Airpay grants a limited, non-exclusive, non-transferable, revocable license to install and use the Airpass App solely for internal business purposes on authorised Clover POS devices within Australia.

 

  1. Eligibility

Use of the App is limited to authorised Airpay merchants with a valid merchant account. Airpay may suspend access if verification fails.

 

  1. Use of the App

The App enables merchants to process WeChat Pay and Alipay transactions through Airpay’s licensed payment gateway.

All payments are processed in accordance with applicable scheme rules and settled to the merchant’s designated account as agreed with Airpay.

You must:

  • Use the App only for lawful business transactions;
  • Comply with Australian laws including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
  • Not use the App for transactions involving sanctioned countries or persons (per AUSTRAC, OFAC, UN, DFAT);
  • Maintain security of devices and credentials.

By using the App, you consent to Airpay collecting, storing, and disclosing merchant and transaction data in accordance with the Privacy Policy for compliance and audit purposes.

 

  1. Third-Party Services

The App connects to third-party systems (Clover, Alipay, WeChat Pay, FrankieOne, ComplyAdvantage).

Airpay will use reasonable efforts to maintain integration with third-party systems (including Clover, Fiserv, FrankieOne, and ComplyAdvantage).
However, Airpay is not responsible for interruptions, errors, or service limitations arising from systems, networks, or devices that are owned or controlled by third parties.
Airpay remains responsible for its own processing system and gateway performance to the extent under its control.

(a)Platform Integration

Airpass operates as an independent software application within the Clover ecosystem.

Airpass operates within the Clover ecosystem provided by Fiserv.

Airpay has no control over Clover hardware, software, or App Market availability.

Any hardware or platform issues should be directed to Fiserv or Clover support.

Airpay’s responsibility is limited to the correct operation of the Airpass App and its payment gateway functions.

 

  1. Updates and Modifications

Airpay may release updates for performance, security, or compliance improvements.

Airpay may modify this Agreement with notice via App or email. Continued use signifies acceptance of updates.

Airpay will maintain version control and make the latest EULA available within the App or on its official website.

 

  1. Fees and Transactions

Fees and settlement terms follow your Merchant Agreement with Airpay.

 

  1. Data and Record Retention

Transaction and device data are processed in accordance with the Airpay Privacy Policy (https://www.airpayfintech.com/privacy-policy/).

Records may be retained for seven (7) years to meet AUSTRAC and legal obligations.

Certain payment data may be transmitted to or processed by third-party payment schemes outside Australia (for example, Alipay and WeChat Pay settlement partners) for the purpose of transaction processing and compliance with their scheme rules.

 

  1. Intellectual Property

All intellectual property in the App remains the property of Airpay or its licensors.

 

  1. Limitation of Liability

(a) Airpay is not liable for indirect, incidental, or consequential losses (including loss of profit, data, or business opportunity).
(b) Airpay is not liable for:
• hardware malfunction, network failure, or power outage affecting Clover devices;
• third-party software or services (including Clover, Fiserv, FrankieOne, ComplyAdvantage);
• delays or disruptions caused by payment networks or settlement banks.
(c) Airpay remains liable for losses directly caused by its own negligence, system error, or breach of contract, subject to a maximum aggregate limit equal to six (6) months of fees paid by the merchant.

 

  1. Indemnity

You indemnify Airpay and its affiliates from any loss or claim due to your misuse, breach, or unlawful conduct.

 

  1. Termination

Airpay may suspend or terminate access for breach, regulatory instruction, or risk issues. On termination, uninstall the App.

 

  1. Disclaimers

The App is provided “as is” and “as available,” to the extent permitted by law.
Airpay does not guarantee that the App will be error-free or uninterrupted, but will take commercially reasonable measures to maintain its performance, availability and security.

Your use of the App through the Clover App Market is also subject to Clover and Fiserv’s platform terms of use, to the extent permitted by applicable law. In the event of a conflict, those terms govern platform use, while this Agreement governs the Airpass App.

 

  1. Force Majeure

Neither party is liable for delays or non-performance due to events beyond reasonable control including natural disasters, law changes, or network failures.

 

  1. Governing Law / Entire Agreement

This Agreement is governed by NSW law. Invalid provisions are severable. This is the entire agreement regarding the App.

 

  1. Contact Information

Airpay Financial Technologies Pty Ltd

Suite 3579, Level 35, 100 Barangaroo Avenue, Sydney NSW 2000, Australia

Email: support@airpayfintech.com

Website: www.airpayfintech.com

 

 

Acceptance

By accessing or using the Airpass App or related services, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.
If you do not agree, you must discontinue use of the App immediately.

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