Assiny Terms & Conditions
Introduction to the Services
These terms and conditions create a contract ("Agreement") between you ("Buyer") and Assiny (as defined below) and govern your use of the Services.
Assiny is the Merchant of Record and authorized reseller of the Product for the Supplier, meaning that while you purchase the Product from Assiny, it is Assiny who is ultimately responsible for any issues that may arise from the use of the Services, including chargebacks, disputes, and returns.
By placing an order with Assiny, you agree to the terms and conditions set out in this Agreement. Assiny acts as the Merchant of Record and authorized reseller of the Supplier's Product. Buyers have a direct contractual relationship only with Assiny, and no contractual link exists between the Buyer and the Supplier.
WHERE A PRODUCT IS DIGITAL CONTENT WHICH IS IMMEDIATELY MADE AVAILABLE, BY DOWNLOADING OR OTHERWISE ACQUIRING THE PRODUCT, YOU CONSENT TO IMMEDIATE PERFORMANCE OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THIS AGREEMENT ONCE THE DOWNLOAD OR APPLICABLE TRANSMISSION OF THE DIGITAL CONTENT HAS BEGUN.
If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this Agreement, including the Governing Law clause, affects your rights as a Consumer to rely on such mandatory provisions of local law.
Definitions and interpretation
"Business" means a Buyer which is purchasing the Product or using the Services in connection with their trade, business, craft or profession;
"Confidential Information" means any commercial, financial or technical information; information relating to the Product; the Services; plans or strategy, know-how or trade secrets which is obviously confidential or has been identified as such, or which is developed by a party in performing its obligations under, or otherwise pursuant to this Agreement;
"Consumer" means a Buyer who is purchasing the Product or using the Services wholly or mainly for their personal use;
"Digital Content" means data which are produced and supplied in digital form;
"Assiny" refers to:
ASSINY NEGÓCIOS E PAGAMENTOS DIGITAIS, for sales of the Product
made within Brazil. This entity is incorporated in Brazil, with the registered office address at Av. Afonso Pena, 3351, sala 1001, letra N, Bairro Serra, CEP 30.130.008, Belo Horizonte, MG, Brazil.
GrowthPay OÜ, for sales of the Product made outside Brazil, This
entity is incorporated in Estonia (European Union), registered under registry code 17351123, with registered office at Tornimäe tn 5, Kesklinna linnaosa, Tallinn, Harju maakond, 10145, Estonia.
and in either case is also referred to in this Agreement as 'us', 'we', and 'our';
"Assiny Checkout" means the online checkout that Buyers use to purchase the Product and make payment to Assiny using payment methods such as credit card, PayPal, alternative payment methods and bank transfer;
"Product" means the Supplier's software or digital product(s) and/or Digital Content licensed for use by the Buyer under the terms of the Supplier Agreement;
"Supplier" means the licensor of the Product;
"Supplier Agreement" means the Supplier's terms and conditions in respect of the Product;
"Services" means Assiny's services through which you can buy, get, licence, rent or subscribe to the Product (and which for the avoidance doubt includes Assiny Checkout); and
"Transaction" means acquiring the Product via our Services for free or for a charge.
Contract Formation
By completing a Transaction through Assiny Checkout, you make a binding offer to enter into a contract with Assiny, subject to the terms of this Agreement. The Transaction process consists of the following steps:
1. Step one: you select the desired Product and agree to the terms with Assiny as the Distribution Agent/Merchant of Record. You acknowledge that Assiny, not the Supplier, is the party to the contract.
2. Step two: your personal data, required for the Transaction and delivery of the Product, is collected by us in accordance with the Privacy section below.
3. Final step: you can review all of the information again and, if necessary, correct it before completing the Transaction. You complete the Transaction by clicking on the button stating "order with obligation to pay" or a corresponding unambiguous statement that indicates that placing the order entails an obligation to make a payment.
Assiny will confirm receipt of the Transaction of the order immediately by sending you the order confirmation. The order confirmation will result in the creation of this Agreement and is acceptance of your offer to purchase the Product.
Your Agreement with Assiny is concluded upon the successful transmission of the Product, subject to the terms of this Agreement.
Software
Where any Product supplied is, or includes, software ("Software"), the Software is licensed by the relevant Supplier pursuant to the Supplier Agreement included with Software (or other applicable terms associated with non-Software Products, including recurring purchases or billing services) or otherwise agreed between you and the Supplier.
Payment, taxes and refunds
Assiny will charge your chosen payment method (such as your credit card, debit card, PayPal account or any other methods available) for any paid Transactions, including any applicable taxes according to the tax jurisdiction in which the Transaction is taken place. If you pre-order the Product, you'll be charged upfront, during which time you can request a refund for whatever reason until the content is delivered, after which the standard refund policy applies.
You agree to receipt of all invoices and receipts in an electronic format, which includes email. Product prices may change at any time. If technical problems prevent or unreasonably delay delivery of the Product, your exclusive and sole remedy is either replacement of the Product or refund of the price paid, as determined by Assiny. When providing us with your information, you must ensure that it is up-to-date and accurate. Assiny will not be responsible for the event of non-receipt of the Product due to incorrect information being provided by you. To make amendments to your order, please contact us here. We reserve the right to not fulfil and to cancel orders if we're unable to obtain payment authorisation from the issuer of your payment card.
Chargebacks
We understand that there may be occasions where you may not recognise or wish to dispute a payment made to Assiny in relation to a Transaction.
Chargeback is a mechanism for your payment card issuer (at their discretion) to reclaim money from a retailer's bank.
This can allow your card issuer to provide you with a refund in a number of circumstances, including:
if you do not get the Product you paid for;
if you are charged the wrong amount, or charged twice by mistake;
if the payment was made fraudulently.
You agree to contact Assiny directly prior to initiating any chargeback request with your bank or card issuer related to any Transaction. Assiny is dedicated to addressing your concerns swiftly and effectively, ensuring that issues are resolved to your satisfaction.
We recognise that chargebacks can happen for a variety of reasons. However, if you make a card payment through Assiny, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to prohibit you from using our Services by providing compelling evidence to refute your invalid chargeback request.
Termination and suspension of Services
If you encounter issues, or if Assiny suspects that you have failed to comply with any of the provisions of this Agreement, please contact Assiny directly for resolution. Despite this, Assiny may, without notice to you, (i) terminate this Agreement, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate your license to the Product; and/or (iii) preclude your access to the Services. Assiny further reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice to you, and Assiny will not be liable to you or to any third party should it exercise such rights. To the extent possible, Assiny will warn you in advance of any modification, suspension or discontinuance of the Service. Termination of the Service will not affect any rights accrued thereunder or the Product that you have already acquired.
Where Assiny suspects that fraudulent activities are being conducted by you, we have the right to cancel and block your usage of our Services without notice. Assiny may also liaise with relevant authorities for law enforcement and financial crime prevention reasons and pass your details on to authorities should evidence be found confirming malicious or fraudulent or other criminal activity.
Consumer Right to Cancel
General Right to Cancel: As a Consumer, you have the right to cancel this Agreement and return the Product for any reason within 14 days from the day after the Transaction is completed. To meet the cancellation deadline, it is sufficient to communicate your decision to exercise the right to cancel before the 14-day period expires.
How to Cancel Your Order: To cancel your order, you must notify Assiny of your decision. For immediate processing and to streamline the cancellation process, please contact Assiny directly using the designated communication channels for the product purchased. This ensures all parties are promptly informed and the cancellation process is conducted efficiently.
Cancellation Methods:
1. Via the Assiny Platform:
Access the student area and navigate to the transactions section.
Select the transaction you wish to cancel and request a refund
directly through the platform.
Monitor the status of your refund directly on the platform without
delay.
2. Through Assiny Support:
You may request a refund by contacting our Buyer Support Team via
the "Contact Us" form available on our website.
When submitting your request, please provide the following
information to expedite the process:
Subject of the inquiry.
Full name as used in the purchase.
Document number used for the purchase.
Email used in the purchase.
Date of purchase.
Product purchased.
Telephone number.
A detailed description of how we can assist you.
Acknowledgment of Cancellation: In both methods, Assiny will acknowledge receipt of your cancellation request immediately and will process your refund in accordance with the terms of this agreement.
Note: While the current methods for cancellation are outlined above, please note that these may be subject to change. However, it remains your obligation as a client to contact Assiny through the platform and via the channel indicated for the product purchased to initiate a cancellation.
Effect of Cancellation
If you cancel this Agreement as permitted above, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Agreement.
We will make the reimbursement using the same means of payment as you used for the initial transaction and you will not incur any fees as a result of the reimbursement.
Exception to the Right to Cancel
Your right as a Consumer to cancel your order does not apply to the supply of Digital Content that you have started to download, stream or otherwise acquire and to Products which you have had the benefit of.
Refund Policy
Refunds are provided at the sole discretion of Assiny and on a case-by-case basis and may be refused. Assiny will refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behaviour that entitles Assiny to counterclaim the refund.
This does not affect your rights as a Consumer in relation to Products which are not as described, faulty or not fit for purpose.
Payment by wire transfer
It's your responsibility to provide us with the correct payment details (your unique bank transfer reference number), Company VAT / sales tax code and order information to avoid delays in your order fulfilment, as we may be unable to reconcile or refund such transactions. Orders, where payments are made via wire transfer, are not protected under the CCA (Consumer Credit Act) and are therefore not eligible for a refund. However, in cases where the transaction amount, including sales tax or where the sales tax refund is above $ / £ / €100, you may be entitled to a refund including the sales tax you paid, at Assiny's discretion.
Indirect Sales Tax refund policy
If you've been charged sales tax on your purchase and are registered for sales tax in the country of purchase, you may be entitled to a refund of the sales tax amount if permitted by the laws applicable in such country. Sales taxes include VAT, GST, Consumption Tax and others as applicable from time to time. For wire transfers, please refer to the Wire Transfer section above for more information regarding eligibility of sales tax refunds.
You must contact Assiny within 60 days after completing the purchase to be eligible for a sales tax refund. This refund will only be processed upon the provision of a valid sales tax code for your country.
All refund requests received after 60 days from the date of the Transaction will not be processed.
Subscriptions
The Services may allow you to purchase access to Product on a subscription basis ("Paid Subscriptions"). Paid Subscriptions automatically renew until cancelled. We'll notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You'll be charged between 00:00 and 01:00 (UTC) on the day the Paid Subscription period renews. If you wish to cancel your subscription, please contact us here at least 48 hours before the end of the current billing period. Please make sure you provide your order number and the email address used to purchase the Product. Your cancellation will take effect at the next payment date. There are no refunds on unused subscription periods.
Certain Paid Subscriptions may renew automatically at the end of each billing period unless cancelled before the renewal date. Cancellation can be made at any time through the Assiny platform or Buyer Support channel prior to renewal. No free trials or pre-authorised charges are offered under this model.
Contract Changes
Assiny reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be communicated to you and if accepted, will be effective immediately and will be incorporated into this Agreement and will apply to the purchase of any further Products through the Services. In the event you refuse to accept such changes, Assiny will have the right to terminate the Agreement.
Transfer to Supplier
This Agreement and Assiny's rights and obligations under this Agreement shall not be transferred to any Supplier. GrowthPay OÜ remains the sole Merchant of Record for all transactions and retains full contractual, financial, and regulatory responsibility towards Buyers and acquirers.
However, each Supplier acknowledges and agrees that, as a condition of operating under GrowthPay's Merchant of Record structure, it must: (i) comply with all applicable legal, tax, and regulatory obligations; (ii) cooperate fully with GrowthPay in providing any information, documentation, or action reasonably required for regulatory, financial, or dispute purposes; (iii) ensure that its activities, marketing materials, and digital content do not expose GrowthPay, Assiny, or their acquiring partners to undue financial, reputational, or compliance risk; and (iv) remain fully liable to GrowthPay and Assiny for any breach, loss, or penalty arising from its operations or content.
Nothing in this Agreement shall be construed as granting the Supplier any right to act as Merchant of Record or to contract directly with Buyers or acquirers.
Third party materials
Assiny is not responsible or liable for third party materials included within or linked from the Product or the Services.
Intellectual Property
You agree that the Services, including but not limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by Assiny and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Product in any manner, and you shall not exploit the Services in any manner not expressly authorised.
The Assiny name, the Assiny logo and other Assiny trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Assiny in the U.K. and other countries throughout the world, you are granted no right or license with respect to any of the aforesaid trademarks.
Copyright notice
If you believe that any Products available through the Services infringe a copyright claimed by you, please contact Assiny at <[compliance@assiny.com.br]{.underline}>.
Responsibilities and Limitation of Liability
Assiny disclaims any and all warranties, express, implied or statutory regarding the Services to the full extent permitted by law and in particular does not warrant that:
i) your use of the Services will be uninterrupted or error-free; ii) the Services or Products will be free from corruption, attack, viruses, interference, hacking or other security intrusion which shall be events of Force Majeure, and Assiny disclaims any liability relating thereto. You shall be responsible for backing up your own system, including any Product purchased, acquired or rented using the Service.
In no event will Assiny, its partners, service providers, affiliates or any of their respective directors, officers, employees or agents be liable to the Buyer for any special, incidental, indirect, punitive, exemplary or consequential damages, whether foreseeable or unforeseeable, which may arise out of or in connection with this Agreement, regardless of whether either party has been apprised of the possibility or likelihood of such damages occurring, or whether claims are based or remedies are sought in contract or tort otherwise.
You may have the benefit of a manufacturer's, licensor's or Supplier's warranty with the Products supplied and you should refer to the relevant documentation supplied with the Product in this regard (including the Supplier Agreement).
Waiver and Severability
If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these terms remain in full force and effect. Assiny's acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive Assiny's right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of Assiny to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Confidentiality
The parties agree that any Confidential Information provided under this Agreement shall be held and maintained in strict confidence. Each party agrees to protect the confidentiality of such information in a manner consistent with the way a reasonable person would protect similar Confidential Information.
Privacy
Assiny will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Buyer data, as described in Assiny's Privacy Policy which can be found at Assiny.com/legal/privacy (or such other URL that Assiny may provide from time to time).
Governing law
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.
Consumers
Except to the extent amended by any provisions of the law of the country in which you are resident, this Agreement and the relationship between you and Assiny, and all Transactions shall be governed by and construed in accordance with the laws of Estonia (European Union).
Businesses
If you are a Business, any dispute or claim arising out of or in connection with this Agreement (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Estonia (European Union), and the courts of Tallinn, Estonia, shall have exclusive jurisdiction to settle any such dispute or claim.
