These Terms of Use ("Terms") constitute a legally binding agreement between you and SPAN Enterprises LLC, doing business as PayWow ("PayWow," "we," "us," or "our"), governing your access to and use of the website located at www.paywow.com (the "Site") and the payroll processing, tax filing, and related services made available through the Site (collectively, the "Services").
By accessing the Site or using the Services, you affirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, incorporated herein by reference. If you are accepting these Terms on behalf of a business, firm, or other organization, you represent that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you may not access the Site or use the Services.
You must be at least 18 years of age to use the Services. By using the Services, you represent that you meet this requirement.
PayWow provides a cloud-based platform for payroll processing, payroll tax calculation, federal and state payroll tax filing and payment, contractor payment processing, and related recordkeeping and reporting functions. The Services also include any associated software, tools, updates, and support made available by PayWow from time to time.
Certain filing and e-file infrastructure used to deliver the Services is provided through TaxBandits, an IRS-authorized e-file provider and a product of SPAN Enterprises LLC.
To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and for all activity that occurs under your account.
PayWow may refuse registration, suspend, or terminate any account at its discretion, including where information provided is inaccurate, fraudulent, or incomplete.
You are responsible for maintaining the confidentiality of your login credentials and for all actions taken through your account. You must notify PayWow immediately of any unauthorized use of your account or any other breach of security.
PayWow is not liable for any loss or damage arising from your failure to safeguard your account credentials.
Your account may include additional users, such as employees, contractors, or agents ("Authorized Users"). If you are a tax professional, accounting firm, bookkeeper, or payroll service provider operating under these Terms (a "Firm"), you may create and manage separate accounts for each client you serve ("Client Accounts").
You are responsible for the conduct of all Authorized Users and for all activity conducted under any Client Account you manage. If you are a Firm, you represent that you have obtained proper authorization from each client before processing payroll, filings, or payments on that client's behalf, and you remain responsible for the accuracy of data submitted in connection with each Client Account.
Subject to your compliance with these Terms, PayWow grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for their intended business purpose. This license does not transfer any ownership interest in the Services or the underlying software.
If you are a Firm, this license extends to your use of the Services on behalf of your clients for professional or commercial purposes. All other users may use the Services only for their own internal business purposes.
You agree not to, and not to permit any Authorized User to:
Use the Services in violation of any applicable law or regulationAccess or attempt to access systems, data, or accounts not authorized for your useCopy, modify, distribute, sell, lease, or create derivative works based on the ServicesReverse engineer, decompile, or attempt to extract the source code of the ServicesCircumvent or interfere with any security feature of the ServicesImpersonate any person or entity, or misrepresent your affiliation with any person or entityIntroduce malware, viruses, or other harmful code into the ServicesUse automated means (including bots or scrapers) to access the Site or extract dataInterfere with or disrupt the integrity or performance of the Services or the infrastructure supporting themUse the Services to build a competing product or servicePayWow reserves the right to investigate and take appropriate action against any violation of this section, including suspension or termination of access.
You are solely responsible for the accuracy and completeness of all data you submit through the Services, including employee and contractor information, wage and hour data, benefit deductions, and tax identification numbers. You are responsible for reviewing and approving payroll calculations, filings, and payments before they are submitted or processed.
PayWow does not independently verify the information you provide. PayWow is not responsible for penalties, interest, wage claims, or other consequences arising from inaccurate, incomplete, or untimely information you supply, or from your failure to meet a data-submission deadline required to process payroll or filings on schedule.
Fees for the Services are set out on our Pricing page or in your applicable order form. You agree to pay all applicable fees in U.S. dollars using a valid payment method on file. Fees are non-refundable except as expressly stated in these Terms or as required by applicable law.
You are responsible for keeping your billing information current. Failure to maintain a valid payment method may result in suspension of your account and the Services, including your ability to process payroll or submit filings, until payment is resolved. PayWow may apply a reinstatement fee to accounts suspended for non-payment.
Subscription Term. The Services are offered on a subscription basis, billed monthly or on another billing cycle disclosed at the time of purchase. Your subscription begins on the date you select a paid plan or, if applicable, on the date your free trial converts to a paid plan.
Free Trials.PayWow may offer a free trial period for new accounts or new client accounts added to a Firm's account. Unless you cancel before the trial period ends, your account will automatically convert to a paid subscription, and you will be charged according to the plan you selected at signup.
Automatic Renewal. Subscriptions renew automatically at the end of each billing cycle unless canceled before the renewal date. By subscribing, you authorize PayWow to charge your payment method on file for each renewal period at the then-current rate for your plan.
Plan Changes. You may upgrade or downgrade your subscription plan at any time through your account settings. Plan changes take effect according to the timing disclosed at the point of change, and fees will be adjusted accordingly; PayWow does not provide prorated refunds for downgrades made partway through a billing cycle unless required by applicable law.
Cancellation. You may cancel your subscription at any time through your account settings or by contacting support@paywow.com. Cancellation will take effect at the end of your current billing cycle. You will retain access to the Services through the end of the period you have already paid for. PayWow does not provide refunds for partial billing periods.
Price Changes. PayWow may change subscription pricing at any time. We will provide notice of any price change before it takes effect for existing subscribers, and continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.
Failure to Pay. If a scheduled payment fails, PayWow may suspend your access to the Services, including the ability to process payroll or submit filings, until payment is successfully processed. Continued non-payment may result in termination of your account in accordance with Section 20 (Term and Termination).
You retain ownership of all data you submit to PayWow through the Services ("Customer Data"). You are solely responsible for obtaining any consents required by applicable law, including from your employees, contractors, or clients, to allow PayWow to process this data on your behalf.
You grant PayWow a non-exclusive, worldwide, royalty-free license to use, store, transmit, and process Customer Data solely as necessary to provide and support the Services. PayWow may share Customer Data with its affiliates and service providers, including TaxBandits, as needed to deliver the Services.
You are responsible for maintaining your own backup copies of Customer Data. PayWow is not obligated to retain Customer Data beyond the period required by applicable law or PayWow's data retention policy, and is not liable for any loss, corruption, or unavailability of Customer Data.
PayWow may generate de-identified, aggregated data derived from use of the Services. PayWow owns all such de-identified data and may use it to operate, improve, and develop its products and services, provided such data does not identify any individual or business.
All intellectual property rights in the Site, the Services, and all associated software, trademarks, and content belong to PayWow or its licensors. Nothing in these Terms grants you any right to use PayWow's trademarks, branding, or proprietary technology except as necessary to use the Services as intended.
If you provide suggestions or feedback regarding the Services, PayWow may use this feedback without restriction or obligation to compensate you, and you assign to PayWow any rights you may hold in that feedback.
The Services may link to or integrate with third-party products or services. PayWow does not control and is not responsible for the content, accuracy, or practices of any third-party service. Your use of any third-party service is governed solely by that provider's own terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYWOW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYWOW AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, ARISING FROM YOUR USE OF THE SERVICES.
PAYWOW'S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES YOU PAID TO PAYWOW IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not permit certain limitations of liability; in those jurisdictions, PayWow's liability is limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless PayWow and its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses, including reasonable attorneys' fees, arising from your breach of these Terms or your misuse of the Services.
These Terms are governed by the laws of the State of South Carolina, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in Rock Hill, South Carolina, except where applicable law requires otherwise.
PayWow may suspend or terminate your account at its discretion, including for violation of these Terms. Upon termination, your right to access the Services ends immediately. Provisions that by their nature should survive termination, including Sections 10, 15, 16, and 17, shall survive.
PayWow may update these Terms from time to time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
Questions regarding these Terms may be directed to support@paywow.com.