Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Maple Pay mobile application, website, and related payment services (together, the “Service”) provided by Maple Payment Inc. Please read them carefully. By creating an account or using the Service, you agree to these Terms.

1. About Maple Pay

The Service is operated by Maple Payment Inc. (“Maple Pay,” “we,” “us,” or “our”), a company incorporated in Canada. Maple Pay is a payment service provider whose retail payment activities are subject to Canada’s Retail Payment Activities Act, and which is registered as a money services business with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC).

Maple Pay lets you pay participating merchants by tapping your smartphone on a near-field communication (NFC) tag at the point of sale. Payments are funded by a pre-authorized debit (PAD) from a personal chequing account that you link. Electronic funds transfers are processed by one or more third-party payment service providers we engage from time to time (our “payment processor”).

2. Eligibility

To use the Service, you must:

• be at least the age of majority in your province or territory of residence;
• be a resident of Canada with a personal chequing account at a Canadian financial institution;
• have the legal capacity to enter into these Terms; and
• use the Service only for lawful, personal, non-commercial purposes.

The Service is intended for personal use. Merchants who accept Maple Pay do so under a separate Merchant Services Agreement and are not governed by these consumer Terms.

3. Your Account

To use the Service you must create an account and verify a mobile phone number. You agree to provide accurate and complete information and to keep it up to date. You are responsible for maintaining the security of your device and account, and for all activity that occurs through your account. Notify us promptly at support@maplepayment.ca if you believe your account has been accessed without your authorization.

4. Linking a Bank Account

To make payments, you must link a personal chequing account through a secure bank-linking service. Bank selection and login are handled by that service. Your use of the bank-linking service is also subject to that provider’s own terms and privacy practices.

You represent that any account you link belongs to you and that you are authorized to permit debits from it.

5. Pre-Authorized Debit Authorization

When you confirm a payment in the app, you authorize Maple Pay to debit your linked chequing account by electronic funds transfer for the amount of that payment, including any tip, and you authorize your financial institution to process that debit. This is a personal, variable-amount, sporadic pre-authorized debit under Payments Canada Rule H1.

• Variable amounts. Each debit equals the amount you confirm at the time of the transaction. There is no fixed amount and no fixed schedule.
• Waiver of pre-notification. Because you authorize each debit yourself at the time of the transaction, you waive the right to receive advance notice of the amount and date of each debit.
• Cancellation. You may revoke your authorization at any time by unlinking your account in the app or by contacting us. Revocation applies to future payments and does not affect a payment you have already confirmed.
• Recourse. You have certain recourse rights, including the right to reimbursement for any debit that is not authorized or not consistent with your PAD authorization. For more information on your recourse and cancellation rights, contact your financial institution or visit www.payments.ca.

6. Making Payments

When you pay a merchant through the Service:

1. you tap the merchant’s NFC tag and the app opens the payment for that terminal or table;
2. the app displays the merchant and the amount of the pending charge;
3. you review the details, optionally add a tip, and confirm; and
4. we initiate an electronic funds transfer to debit the total from your linked account and record the payment.

You are responsible for reviewing the merchant and amount before you confirm. A confirmed payment is an instruction to debit your account and, once submitted, generally cannot be stopped through the app. Transfers may take a few business days to clear, and timing may be affected by your financial institution, banking holidays, or factors outside our control.

7. Disputes, Errors, and Refunds

If you believe a payment was made in error, was not authorized, or does not match what you agreed to with the merchant, contact us promptly at support@maplepayment.ca. Refunds for goods or services are determined by the merchant’s own policies; we can help facilitate a resolution but do not control a merchant’s decision. Your PAD recourse rights (Section 5) continue to apply to unauthorized or non-compliant debits.

8. Acceptable Use

You agree not to:

• use the Service for any unlawful, fraudulent, or deceptive purpose;
• use a bank account you are not authorized to use, or provide false information;
• use the Service for money laundering, terrorist financing, or to evade sanctions;
• attempt to gain unauthorized access to, disrupt, or reverse engineer the Service; or
• use the Service in a way that violates any applicable law or these Terms.

We may refuse, hold, reverse, or investigate transactions, and suspend or close accounts, to comply with legal and regulatory obligations or to prevent fraud, abuse, or risk.

9. Third-Party Services

The Service relies on third parties, including our payment processor, your financial institution, and the merchants you pay. We are not responsible for the acts, omissions, products, services, or content of third parties, or for goods or services you purchase from merchants. Your dealings with merchants and third parties are solely between you and them.

10. Intellectual Property

The Service, including its software, design, logos, and content, is owned by Maple Payment Inc. or its licensors and is protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or create derivative works from any part of the Service without our written permission.

11. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defect will be corrected. Nothing in these Terms limits any rights you may have under applicable consumer protection law that cannot be waived.

12. Limitation of Liability

To the fullest extent permitted by law, Maple Payment Inc. and its directors, officers, employees, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service. Nothing in these Terms excludes or limits our liability where doing so would be unlawful, including liability for fraud or for anything that cannot be excluded under applicable consumer protection law.

13. Indemnification

You agree to indemnify and hold harmless Maple Payment Inc. from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your breach of these Terms, your misuse of the Service, or your violation of any law or the rights of a third party.

14. Changes to the Service and These Terms

We may modify the Service or these Terms from time to time. If we make a material change, we will provide notice through the app, by email, or on our website. Changes take effect when posted unless otherwise stated. Your continued use of the Service after a change takes effect means you accept the updated Terms.

15. Suspension and Termination

You may stop using the Service and close your account at any time by unlinking your account and contacting us. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms, if required by law, or to protect the Service, other users, or third parties. Provisions that by their nature should survive termination will survive.

16. Governing Law

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in it, without regard to conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts of British Columbia, subject to any consumer protection rights that require otherwise.

17. Contact Us

Questions about these Terms can be sent to support@maplepayment.ca.