Terms of Service
Please read these terms carefully before using our payment processing services.
Acceptance of Terms
By accessing or using PaymentsService ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms. If you do not agree to these Terms, you may not access or use the Service.
Description of Service
PaymentsService provides payment processing solutions including credit card processing, electronic fund transfers, multi-currency support, fraud prevention, analytics, and related services. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.
Account Registration and Security
To use our Service, you must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized access or security breach. We may suspend accounts that violate these Terms or pose security risks.
Acceptable Use Policy
You agree not to use the Service for: illegal activities or transactions, fraud, money laundering, or terrorist financing, selling prohibited goods or services, infringing intellectual property rights, transmitting malware or harmful code, attempting to gain unauthorized access to our systems, or any activity that could damage our reputation or operations.
Fees and Payment
You agree to pay all fees associated with your use of the Service as outlined in your merchant agreement. Fees are subject to change with 30 days advance notice. We may deduct fees from your payouts or charge your designated payment method. Disputed charges must be reported within 60 days.
Payouts and Reserves
We will transfer funds to your designated bank account according to your payout schedule, minus applicable fees, refunds, and chargebacks. We may establish reserve requirements based on your transaction history, chargeback rates, or risk assessment. Reserves will be released according to our reserve policy.
Chargebacks and Disputes
You are responsible for all chargebacks, disputes, and reversals initiated by cardholders or payment networks. We will notify you of disputes and provide tools to respond. Excessive chargeback rates may result in additional fees, reserve requirements, or termination of your account.
Intellectual Property
The Service, including all software, content, trademarks, and documentation, is owned by PaymentsService and protected by intellectual property laws. You receive a limited, non-exclusive license to use the Service for your business purposes. You may not copy, modify, distribute, or reverse engineer any part of the Service.
Data Processing and Privacy
Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our data practices. You are responsible for obtaining necessary consents from your customers for data collection and processing through our Service.
Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYMENTSSERVICE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify and hold harmless PaymentsService, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: your use of the Service, your violation of these Terms, your violation of any third-party rights, or any fraudulent or illegal activity by you or your customers.
Term and Termination
These Terms remain in effect until terminated. Either party may terminate with 30 days written notice. We may terminate immediately for violation of these Terms or applicable laws. Upon termination, we will process remaining payouts minus any reserves or outstanding obligations. Sections regarding liability, indemnification, and disputes survive termination.
Governing Law and Disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court. Class actions and jury trials are waived.
Modifications to Terms
We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance. If you disagree with changes, you may terminate your account.
General Provisions
These Terms constitute the entire agreement between you and PaymentsService. Failure to enforce any provision does not waive our rights. If any provision is found unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our consent. Notices should be sent to [email protected].