Brevo Payment Terms and Conditions

These terms set forth the Parties respective rights and responsibilities when using the Payment Services provided to the Client by Brevo and by the Payment Service Provider. The Payment Services are specific services that are separate from the Brevo Services.

By accessing or using the Payment Services, the Client expressly and unreservedly agrees to:

• The Brevo Terms of Service, available at https://www.Brevo.com/legal/termsofuse/#generalconditions, to which these terms are incorporated to, and over which these terms shall prevail in case of contradiction, and
• These Payment Terms (or the “Agreement”), and
• The Payment Service Provider Terms available at https://www.adyen.com/legal/terms-and-conditions-adyen-for-platforms, and
• The Adyen Prohibited and Restricted Products and Services list https://www.adyen.com/legal/list-restricted-prohibited, which is part of the Payment Service Provider Terms, and
• The Card User Terms, only applicable and provided to Client in case Client subscribes to the Card Services).

This Agreement is effective as of the acceptance of the Payment Services by the Client (the “Effective Date”). The Client can accept the Agreement by clicking to accept or by agreeing to Agreement where this option is made available in any agreement, electronic form, or the user interface for the Payment Services’ offers, or by using the Payment Services. Before using the Payment Services, Brevo recommends Client to carefully read the eligibility criteria of the Payment Services that are detailed hereafter.

Definitions

The terms in capital letters that are not defined in this agreement have the meaning defined in the Brevo Terms of Service. The terms mentioned below will have the following meaning in this document:

• “Applicable Law” means any law, statute, regulation, rule, including Scheme Rules, ordinance, or subordinate legislation applicable to the relevant obligation, activity, or status of the relevant party in the relevant region, including as applicable, privacy laws, economic sanctions laws, embargoes, and any directive, policy, rule, guidance, or order that is binding on the relevant party for the relevant activity or obligation in the relevant region and that is made or given by a legislative or regulatory authority of any national, federal, commonwealth, state, provincial, or local jurisdiction.
• “Card Program” means the intended use of the Card Service as agreed between Adyen and Brevo, which may include applicable use limits, Card type (virtual and / or physical), regional use of the Card Service, order amounts, marketing, and Card design.
• “Card Program Documentation” means the set of forma, sheets, documentation and / or questionnaires requested by PSP to determine the scope of the Card Program and use of the Card Service by Brevo and the Client.
• “Card Service” refers to the issuing by PSP of a virtual or physical Card to the Client to enable Client to make online or offline Payment Transactions in extension of their business conduct. Cards will be linked to the Client’s virtual account or, if enabled, a bank account issued by PSP. The use of a Card by Client may be configured by Brevo e.g. to purchase specific products or services as well as to only allow Payment Transactions in certain countries. The configuration of the Card Service may be further determined between PSP and Brevo as part of the Card Program. During onboarding and thereafter from time to time as reasonably required by PSP, the relevant Card Program will be determined based on separate documentation or questionnaires (“Card Program Documentation”). PSP may from time to time, and in its reasonable discretion and prior notification, amend the Card Program or Card Service to comply with Applicable Law or Scheme Rules.