Terms of Service

Company provides information, sales, onboarding, account-management, customer support, and related services in connection with merchant services and related business services. You understand and acknowledge that Company's role in providing such services is limited to administrative and support roles only and Company is not responsible for nor does its Services include underwriting, approval, processing, settlement, funding, chargeback adjudication, reserve decisions, or other regulated payment-processing functions.

Company is not itself a bank, card network, payment facilitator, acquiring bank, sponsor bank, or payment card processor and does not hold, receive, settle, or transmit merchant funds. Merchant processing services may be provided by one or more third-party processors, acquiring banks, sponsor banks, payment facilitators, gateways, independent sales organizations, software providers, equipment providers, card networks, or other third-party service providers, each a "Processing Provider."

Your ability to accept payments or otherwise access merchant services is subject to approval by the applicable Processing Provider and requires you to enter into and comply with separate agreements, applications, schedules, program terms, operating rules, underwriting requirements, and ongoing risk and compliance reviews as may be applicable and required by the Processing Provider.

These Terms apply to all persons who access or use our website, including visitors, prospective merchants, applicants, merchants, customers, users of our online systems, portals, or forms, and any person who communicates with us electronically.

Certain provisions apply specifically to merchants or prospective merchants who apply for, obtain, or use merchant services through a Processing Provider.

If you apply for or receive merchant services, you may be required to enter into one or more merchant agreements, processing agreements, equipment agreements, schedules, applications, fee schedules, or operating terms with a Processing Provider. Those agreements govern your payment processing relationship exclusively as between you and the applicable Processing Provider, including transaction acceptance, settlement, funding, chargebacks, reserves, card network rules, prohibited activities, underwriting, risk monitoring, termination, and processor fees. You acknowledge that Company is not a party to nor does Company have any liability nor control over such agreements you enter into with the Processing Provider.

In the event of a conflict between these Terms and any applicable merchant processing agreement or Processing Provider terms, the merchant processing agreement or Processing Provider terms will control with respect to the processing services provided by the applicable Processing Provider, and these Terms will control with respect to your obligations to Company, including but not limited to your use of Company's website, support services, communications, and any services provided directly by Company.

Submission of an application or request for merchant services does not guarantee approval. Processing Providers may approve, decline, suspend, terminate, hold funds, establish or modify reserves, delay settlement, or condition merchant accounts in their discretion, subject to applicable law and the applicable processing agreements.

Company does not guarantee that any merchant account will be approved, that any pricing or rates will be available or remain unchanged, that any transactions will be accepted, that any funds will be settled by a particular date, or that any Processing Provider will continue to provide services to you. You acknowledge that such items are outside the control of Company and rests solely with the applicable Processing Provider.

You agree that all information you provide to Company or any Processing Provider will be accurate, complete, current, and not misleading. This includes business information, ownership information, tax identification information, banking information, processing history, financial statements, product and service descriptions, website information, and any information requested for underwriting, risk, compliance, or support purposes.

You authorize Company to submit, receive, use, and share information you provide to Company, with applicable Processing Providers and other third parties as reasonably necessary to assist with applications, onboarding, account support, equipment deployment, risk review, troubleshooting, compliance, fraud prevention, collections, and related services offered by Company.

You are responsible for notifying Company, and the applicable Processing Provider, of any material changes to your business, ownership, control persons, products or services, fulfillment model, website, processing activity, bank account, contact information, or other information previously provided.

You agree to comply with all applicable laws, rules, regulations, card network rules, ACH rules, payment brand rules, data-security requirements, privacy laws, consumer protection laws, anti-money laundering laws, sanctions rules, export-control rules, and Processing Provider requirements applicable to your business, website, marketing, customer communications, and payment activities.

You are solely responsible for ensuring that your products, services, marketing, billing practices, refund policies, shipping practices, subscription practices, and customer disclosures comply with applicable law and payment network requirements.

Company may decline to provide support services, assist with onboarding, or continue servicing an account if Company, in its reasonable discretion, believes your activities may violate law, applicable rules, Processing Provider requirements, or Company policy, or may create legal, financial, reputational, fraud, chargeback, data-security, or network risk for Company or any Processing Provider.

You may not use the website, services, merchant services, or support services in connection with unlawful, fraudulent, deceptive, abusive, high-risk, prohibited, sanctioned, or card-network restricted activity, or for any business or transaction type not approved by the applicable Processing Provider.

Without limiting the foregoing, you may not use the services to submit false information, process unauthorized transactions, engage in transaction laundering, factor transactions, process transactions for another person or entity without approval, evade underwriting restrictions, misrepresent goods or services, violate card network rules, infringe intellectual property rights, or engage in any activity prohibited by a Processing Provider.

Processing Providers may impose, update, and enforce additional prohibited-business restrictions, acceptable-use requirements, underwriting conditions, transaction limits, reserve requirements, or risk controls at any time to the extent permitted by applicable law and the applicable processing agreements.

Company may provide customer support, onboarding assistance, account-management assistance, equipment coordination, statement review, troubleshooting, rate or fee communication, equipment coordination, and related support services.

Company's support services are intended to assist you in communicating with applicable Processing Providers and operating your merchant services. Company does not control and is not responsible for any aspect of a Processing Provider's underwriting, pricing, risk, reserves, chargeback decisions, funding decisions, account holds, account termination, or compliance determinations, even if Company communicates information about those matters or assists you in contacting the Processing Provider.

Company may modify, suspend, or discontinue support services at any time. Company is not obligated to provide support for matters outside Company's reasonable control or outside the scope of Company's relationship with you or the applicable Processing Provider, as may be applicable.

As part of Company's support services, Company may provide limited assistance relating to equipment and other third-party products as it may relate to the merchant processing services. You acknowledge that Company does not manufacture the third-party equipment and is not responsible for defects, outages, compatibility issues, updates, discontinued products, loss of data, security vulnerabilities, or any other third-party failures. You acknowledge that your use of any equipment is subject to separate terms, warranties, restrictions, or agreements imposed by the applicable provider or lessor.

If you receive login credentials or access to any portal, dashboard, software, or system of Company, you are responsible for maintaining the confidentiality of your credentials, implementing commercially reasonable access controls, and for all activity under your account whether or not authorized by you.

You agree to promptly notify Company of any unauthorized access, suspected breach, compromised credentials, suspicious activity, or security incident involving your account, systems, customers, cardholder data, personal information, or payment activity, and to cooperate with any required investigation, remediation, notice, or network reporting.

If you accept payment cards, you are responsible for complying with the Payment Card Industry Data Security Standard, validating and maintaining PCI compliance as required by your Processing Provider, and complying with all applicable payment data security requirements. You must not store, transmit, or process payment card data except in compliance with applicable rules and requirements. Company may provide general assistance or referrals related to PCI compliance, but you remain responsible for your own compliance, security controls, vendor selection, and remediation.

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference, and you acknowledge that Processing Providers and other third parties process personal information under their own privacy notices and policies for which Company is not responsible. You represent that you have all rights, consents, and authorizations necessary to provide personal information, business information, customer information, transaction information, and other data to Company and applicable Processing Providers.

You may use our website only for lawful business purposes and in accordance with these Terms. You may not interfere with the website, attempt to gain unauthorized access, use bots or scraping tools without permission, upload malicious code, misuse forms, impersonate another person, or use the website in a manner that could damage Company or any third party. Company may restrict, suspend, or terminate access to the website or any online tool at any time.

The website, content, trademarks, logos, service marks, text, graphics, designs, forms, templates, software, workflows, and other materials made available by Company are owned by Company or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from Company materials except as expressly permitted by Company in writing. No rights are granted except as expressly stated in these Terms.

If you provide suggestions, ideas, comments, improvements, or other feedback to Company, you grant Company a perpetual, irrevocable, worldwide, royalty-free right to use and exploit such feedback for any purpose without compensation or obligation to you.

The website and services may include links, integrations, portals, or access to third-party websites, platforms, products, or services. Company is not responsible for third-party content, terms, privacy practices, products, services, or decisions. Your use of third-party services is subject to the applicable third-party terms.

THE WEBSITE, CONTENT, SUPPORT SERVICES, AND COMPANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, AND ERROR-FREE OPERATION.

COMPANY DOES NOT WARRANT THAT THE WEBSITE, SUPPORT SERVICES, PROCESSING SERVICES, OR THIRD-PARTY SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR COMPATIBLE WITH YOUR BUSINESS NEEDS.

COMPANY DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, FINANCIAL, OR COMPLIANCE ADVICE. You are responsible for obtaining your own professional advice regarding your business and payment activities.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR LOST-PROFIT DAMAGES, INCLUDING LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, DELAYED FUNDING, CHARGEBACKS, RESERVES, PROCESSOR HOLDS, TERMINATED MERCHANT ACCOUNTS, OR THIRD-PARTY SERVICE FAILURES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR COMPANY'S SUPPORT SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). The foregoing limitations do not limit liability that cannot be limited under applicable law.

You agree to defend, indemnify, and hold harmless Company and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of the website or services; (b) your business, products, services, marketing, billing, refund, or customer practices; (c) your violation of these Terms or any applicable Processing Provider agreement; (d) your violation of law, card network rules, ACH rules, or payment brand rules; (e) information you provide to Company or any Processing Provider; (f) chargebacks, refunds, disputes, fraud, unauthorized transactions, or customer complaints; (g) your data-security or privacy practices; or (h) your negligence, fraud, willful misconduct, or breach of any representation or warranty.

As applicable and necessary to complete the services contemplated hereunder, you authorize Company to input, submit, upload, transmit, or otherwise enter information into the applicable Processing Provider's system, as may be applicable, on your behalf based on information, instructions, documents, or approvals submitted or otherwise provided by you to Company or collected by Company from you hereunder. You are responsible for promptly reviewing all such entries and notifying Company of any inaccuracies or corrections. Company shall have no liability for any typographical error, clerical error, incorrect entry, omission, misstatement, formatting issue, or similar mistake in any information entered on your behalf, or for any consequences arising therefrom, unless and only to the extent such error was caused by Company's intentional misconduct, fraud, or gross negligence.

Company may suspend or terminate your access to the website, support services, or any Company-provided service at any time if Company believes you have violated these Terms, violated applicable law, created risk to Company or a Processing Provider, engaged in suspicious or harmful activity, failed to pay amounts due, or otherwise acted in a manner that may harm Company, a Processing Provider, card network, customer, or third party. Your obligations that by their nature should survive termination will survive.

Company may update these Terms from time-to-time by posting revised Terms on the website or otherwise providing notice. The updated Terms will be effective as of the date stated in the updated Terms or as otherwise stated in the notice. Your continued use of the website or services after updated Terms become effective constitutes acceptance of the updated Terms.

You agree that Company may communicate with you electronically, including by email, website notice, portal notice, text message, or other electronic method. You consent to the use of electronic records and signatures in connection with the website, applications, agreements, disclosures, notices, and services.

If you receive non-public information from Company or a Processing Provider, including pricing, residual information, underwriting information, technical information, business information, or platform information, you agree to use such information only for the purpose for which it was provided and to protect it from unauthorized disclosure.

In the event of a dispute, controversy, or claim arising out of or in relation to these Terms the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, the dispute shall be finally solved in arbitration as designated herein subject to the terms and conditions set forth below.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law and shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA"). The arbitration shall be conducted before a panel of three (3) arbitrators. Each party shall appoint one arbitrator within fifteen (15) days after a written demand for arbitration is filed. The two party-appointed arbitrators shall jointly select the third arbitrator, who shall serve as chair of the panel, within fifteen (15) days after their appointment. If any arbitrator is not timely appointed, the appointment shall be made by the AAA in accordance with its applicable rules. The arbitration shall be conducted in accordance with the AAA's Commercial Arbitration Rules then in effect, except as modified herein. The proceedings shall be conducted in the English language. The arbitrators shall have the authority to award any relief available under applicable law. The decision of a majority of the arbitrators shall be final and binding on the parties, and judgment upon the award may be entered in any court of competent jurisdiction. Each party shall bear its own attorneys' fees and costs and shall share equally the administrative fees and arbitrators' fees, unless the panel determines otherwise in its award.

Each party agrees to bring any dispute against the other in its respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding, or as an association. In addition, each party agrees that disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

If any part of this provision is ruled to be unenforceable, then the balance of this provision shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

Notwithstanding the foregoing, the parties agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party's right to (i) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law, or (iii) to file suit in a court of law to address intellectual property infringement claims.

You may not assign or transfer these Terms or any rights or obligations under these Terms without Company's prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or transfer of its business.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Company's failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

These Terms, together with the Privacy Policy and any other terms incorporated by reference, constitute the entire agreement between you and Company regarding the website and Company services. Separate merchant processing agreements, equipment agreements, software agreements, or Processing Provider terms govern the applicable third-party processing, equipment, software, or related services.

The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between you and Company. You shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

Except as otherwise specified in these Terms, all notices related to these Terms will be in writing and will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim ("Legal Notices"), which shall clearly be identifiable as Legal Notices, the day of sending by email.