Terms and Conditions ("Terms")

Last updated: January 10, 2024

Please read these Terms and Conditions carefully before using the Ekikart mobile and web application (the "Service") operated by SpacePointe.


1. Agreement

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. “The terms” describe the terms and conditions and govern the access and use of the service made available by SpacePointe Inc. whether via the Ekikart App or web service or otherwise (“Service”). The Service consists of the proprietary operating system, firmware, applications, service plans, the website associated with the services (www.Ekikart.com) (“Ekikart Website”) and any software, documentation, tools, components, and any updates thereto (including software maintenance, service information, help content, bug fixes, or maintenance releases) provided by Spacepointe in connection with the service. If you have an agreement with an “Authorized Sub licensor” (as specifically identified therein), use of any Spacepointe service plan and the applications listed in its description are governed by that agreement and not these Terms By using any of the Services, you agree to these General Terms and any policies referenced within this document.

The activation by you, the business accepting payments through a Device (as defined below), (“you” or “your”), of your Device or the clicking to accept these Terms where this option is made available, represents your agreement to these Terms. These Terms form a legally binding contract between you and Spacepointe in relation to your use of the Service. You represent and warrant that you have the right and authority to bind your business to these Terms and you are not barred or otherwise legally prohibited from accessing or using the Service.

2. Restrictions

You shall not and shall not permit any third party directly or indirectly to:

  • (a) Access or attempt to access the Service (or any part) that is not intended to be available to you;
  • (b) Engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599
  • (c) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Spacepointe
  • (d) Use the Services for any illegal activity or goods or in any way that exposes you, other Ekikart users, our partners, or Spacepointe to harm; or
  • (e) Otherwise use the Services except as expressly allowed under these Terms
  • (f) Access or monitor any material or information on any Ekikart system using any manual process or robot, spider, scraper, or other automated means;
  • (g) Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services
  • (h) Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers
  • (i) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Spacepointe

If we at any time suspect that your account has been deployed in the use of any unauthorized, illegal or criminal purpose, you hereby give us express authorization to share such information about your Ekikart account and your transactions with Law enforcement.

3. Ekikart Account Registration

An account with us (Ekikart account) must be open to use these services. During the registration process, you will be required to give information, which may include but not be limited to your name and other personal information. This information must be provided accurately and must be completed in response to our questions. Note that you are fully responsible for all activity that occurs under your registered Ekikart account including but not limited to actions taken by persons to whom you may have granted access to your Ekikart account. We reserve the right at any time to change, suspend or terminate the account of anyone who provides inaccurate, incomplete or false information as well as someone who fails to comply with account registration requirements.

4. Privacy

You consent to SpacePointe’s Privacy notice, which explains how we collect, use and protect the personal information you provide to us. All data collected via our portals or in connection with your use of our service including customer information and Spacepointe collects information about your business and Employees and Spacepointe Inc. controls the use and sharing of such Data.

5. Information protection

  • a. You shall safeguard all confidential information Spacepointe supplies or otherwise makes accessible to you using a reasonable degree of care. You shall only use SpacePointe’s confidential information for the purposes of these Terms and shall not disclose SpacePointe’s confidential information to any person, except as SpacePointe may agree in advance and in writing. At SpacePointe’s request, you shall return to SpacePointe or destroy all of SpacePointe’s s confidential information in your possession or control.
  • b. You are solely responsible for ensuring that your passwords, security questions and answers, login details and any other security or access information used by you to use or access the Service is kept safe and confidential. You must prevent unauthorized access to and use of any of your information or data used with or stored in or by the Service You are responsible for electronic communications sent to
    SpacePointe or to any third-party containing Account Data and for all uses of the
    Service in association with your Account Data, whether or not authorized by you. SpacePointe has the right to rely on usernames, password and other sign-on credentials, access controls for the Service or any software provided or approved by SpacePointe to authenticate access to, and use of, the Service and any software. You must immediately notify SpacePointe if you become aware of any loss, theft or unauthorized use of any Account Data. SpacePointe reserves the right to deny you access to the Service, in whole or in part, if SpacePointe believes that any loss, theft or unauthorized use of any Account Data or access information has occurred.
  • c. You may submit comments or ideas about the Service, including about how to improve the Service. By submitting any idea, you agree that (a) SpacePointe expressly disclaims any confidentiality obligations or use restrictions, express or implied, with respect to any idea; (b) your submission will be non-confidential; and (c) SpacePointe is free to use and disclose the idea on an unrestricted basis without notifying or compensating you. You release SpacePointe from all liability and obligations that may arise from SpacePointe’s receipt, review, use or disclosure of any portion of any idea.

6. Intellectual Property

  • a. We respect the intellectual property rights of others and ask you to act in like. All right, title and interest in and to all confidential information and intellectual property related to the Service (including Marks, all software, the content of any materials, web screens, layouts, , procedures, algorithms, and methods and any updates, changes, alterations, or modifications to or derivative works from such intellectual property), owned, developed or licensed by Spacepointe at any time or employed by Spacepointe in connection with the Service, shall be and remain, as between Spacepointe and you, SpacePointe’s or its affiliates’, SpacePointe’s vendors’ or licensors’ (as applicable) sole and exclusive property and all right, title and interest associated with the Service not expressly granted by Spacepointe in these Terms are deemed withheld. You may not use Marks in any manner, including in any advertisements, displays, or press releases, without SpacePointe’s prior written consent. “Marks” means SpacePointe’s names, logos, emblems, brands, service marks, trademarks, trade names, taglines or other proprietary designations.
  • b. You shall not take any action inconsistent with the stated title and ownership in this Section 7 You will not file any action, in any forum that challenges the ownership of any part of the Service, any related software, materials or documentation. Failure to comply with this provision will constitute a material breach of these Terms.
  • c. You shall not, and shall not permit any third party to: (a) decompile, disassemble, reverse engineer, or otherwise attempt to reconstruct or discover by any means any source code, underlying ideas or algorithms of the Service, (or any part), except to the extent that such restriction is expressly prohibited by law; (b) modify, translate, or alter in any manner, the Service (or any part) or the Marks; (c) create derivative works of or based on the Service (or any part), or the Marks; (d) except for backup and archival purposes, directly or indirectly copy the Service (or any part); (e) republish, upload, post, transmit, disclose, or distribute (in any format) the Service (or any part) except as permitted in these Terms; or (f) remove, relocate, or otherwise alter any proprietary rights notices from the Service (or any part) or the Marks

7. Modifications and/or Termination

Spacepointe may terminate or suspend these general terms or any additional terms or suspend or terminate your account or access to our services at any time for any given reason. We may also add, remove, delete, suspend, stop, discontinue or impose conditions on services or features or aspects of a service. Notification of any of these actions will be responsibly communicated to you via email or upon your next log in to access your account. You may also terminate the general and additional terms applicable to your Ekikart account by deactivating your Ekikart account at any time.

8. Mobile Text Messages (SMS)

You have the option of adding a mobile phone number to your profile. By adding a mobile phone number to your profile, you are certifying that you are the account holder for the mobile phone account or have the account holder's permission to use the mobile phone number for the Services. You are also consenting to receiving text messages when you express your opt-in preference. Please note that text message fees may apply depending on your mobile carrier plan.

You can reply STOP to inbound message at any time to stop SMS text messages that you activated.

To restore text messages,

  • 1. Merchants: send email to support@ekikart.com to reactivate the messages.
  • 2. Shoppers or End Users of Merchants: To restore text messages on your receipts, please contact your Merchant at the Point of Sale.

9. Your responsibilities

You represent and warrant that:

  • (a) You validly exist, in good standing and have the right, power, and authority to enter into and perform under these Terms;
  • (b) Any sales transaction submitted by you (i) is genuine and arises from a genuine sale or service that you directly sold or provided, (ii) accurately describes the goods or services sold and delivered to a purchaser and (iii) represents the correct amount of goods or services purchased from your business;
  • (c) You will fulfil all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the consumer;
  • (d) All transactions initiated by you and your use of the Service will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and card association rules and regulations;
  • (e) You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; and
  • (f) You are not engaged in and will not accept payment for any illegal activity, in the legal jurisdiction(s) in which you do business or provide goods and/or services.

10. Consent to Electronic Communication

  • a. You consent to receiving commercial electronic messages, including e-mail messages, SMS and text messages, and telephone calls, from Spacepointe, its affiliates and its third party sales contractors and/or agents.
  • b. You agree that Spacepointe, its affiliates and its third party subcontractors and/or agents, may use, in addition to any live agent calls, an automatic telephone dialling system, an artificial or pre-recorded voice, or both, to contact you at the telephone number(s) you have provided, and/or may leave a detailed voice message if you are unable to be reached, even if the number provided is a cellular or wireless number or if you have previously registered on a Do Not Call list or requested not to be contacted for solicitation purposes.

11. Maintenance on the Service

  • a. Spacepointe may, at its discretion, release enhancements, improvements or other updates to any software. If Spacepointe notifies you that such update requires an installation, you shall integrate and install such update into your systems within 30 days of your receipt of such notice. Failure to install any updates in a timely fashion may impair the functionality of the software or Service. Spacepointe shall have no liability for your failure to properly install the most current version of any software or any update, and Spacepointe shall have no obligation to provide support or services for any outdated versions.
  • b. Spacepointe may perform maintenance on the Service, which may result in service interruptions, delays, or errors. Spacepointe will not be liable for any such interruptions, delays, errors, or bugs. Spacepointe may contact you in order to assist you with the Service and obtain information needed to identify and fix any errors.
  • c. Certain software can automatically install, download, and/or deploy updated and/or new components, which may include a new version of the software itself. You shall not, in any event or in any manner, impede the update process. You agree to assume full responsibility and indemnify Spacepointe for all damages and losses, of any nature, for all adverse results or third-party claims arising from your impeding the update process.

12. Indemnity

You will Indemnify, defend and hold Spacepointe (and our respective employees, directors, agents, affiliates and representatives) harmless form and against and an all claims costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:

  • a. Any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms;
  • b. Your wrongful or improper use of the Services;
  • c. Your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights;
  • d. Your violation of any law, rule or regulation of the United States or any other country; and
  • e. Any other party’s access and/or use of the Services with your unique name, password and any other sign on credentials/access controls for the Service or any software provided or approved by Spacepointe to authenticate access to, and use of, the Service and any software.

13. Third-party Products

All third-party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For
service, support, or warranty assistance, you should contact the manufacturer
directly. SPACEPOINTE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS,
AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation on Time to Initiate a Dispute

Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.

15. Representation and Warranties

You represent and warrant that:

  • (a) You validly exist, in good standing and have the right, power, and authority to enter into and perform under these Terms;
  • (b) Any sales transaction submitted by you (i) is genuine and arises from a genuine sale or service that you directly sold or provided, (ii) accurately describes the goods or services sold and delivered to a purchaser and (iii) represents the correct amount of goods or services purchased from your business;
  • (c) You will fulfil all of your obligations to each customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the consumer;
  • (d) You, all transactions initiated by you and your use of the Service will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations and card association rules and regulations;
  • e. You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; and
  • f. Your use of the Services will be in compliance with these Terms.
  • (g) You are not engaged in and will not accept payment for any illegal activity, in the legal jurisdiction(s) in which you do business or provide goods and/or services.

16. Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring subscription

17. Limitations of Liability and Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPACEPOINTE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, SPACEPOINTE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE
UNDER NO CIRCUMSTANCES WILL SPACEPOINTE BE RESPONSIBLE FOR
ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR EKIKART ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL
LIABILITY OF SPACEPOINTE IS LIMITED TO THE GREATER OF (A) THE
AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE
SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF SPACEPOINTE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

18. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Spacepointe

SpacePointe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that SpacePointe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third-party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third-party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

19. General Provisions

These Terms are a complete statement of the agreement between you and Spacepointe and describe the entire liability of Spacepointe and its vendors and suppliers (including processors) and your exclusive remedy with respect to your use and access to the Service. In the event of a conflict between these Terms and the Privacy Policy, the Privacy Policy shall prevail. These Terms shall be governed and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law’s provisions. You and Spacepointe agree to submit to the exclusive jurisdiction of the courts located within the state of Ohio to resolve any legal matter arising from these Terms. If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These Terms do not limit any rights that Spacepointe may have under trade secret, copyright, patent or other laws. Except for SpacePointe’s affiliates and as otherwise stated herein, no persons shall be third party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and SpacePointe’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Notices sent to your last known e-mail address or postal address, as indicated in our records, shall constitute effective notice to you under these Terms.

20. Contacting Spacepointe

If you have any questions about these Terms, please contact Spacepointe at info@spacepointe.com Except as otherwise stated in these Terms, all notices to Spacepointe required or permitted in these Terms relating to the Service shall be in writing and sent by postal mail to: Spacepointe Inc. at 1231 Lyons Road, Building F, Dayton, Ohio 45458, United States. Notices shall be effective when actually received or, if sent by courier, when delivered.

21. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.