Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and paysüki ("Company," "we," "us," or "our") concerning your access to and use of our payment processing services and website. By registering for an account or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

Eligibility

To use our services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Operate a legal business or be authorized to act on behalf of such business
• Provide accurate and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Comply with all applicable laws, regulations, and card network rules

Account Registration and Verification

When you register for an account, you must provide accurate, current, and complete information. We reserve the right to verify your information and may request additional documentation, including but not limited to:

• Government-issued identification
• Business licenses and registrations
• Financial statements and bank account information
• Processing history from previous payment processors
• Proof of business ownership and structure

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

Payment Processing Services

Service Description

We provide payment processing services that enable you to accept credit card, debit card, and other electronic payment methods from your customers. Our services include transaction processing, fraud prevention, chargeback management, reporting, and related features.

Service Limitations

We reserve the right to:

• Decline to approve your merchant account application
• Set transaction limits and processing volume caps
• Require reserves or holdbacks on processed funds
• Suspend or terminate services for violations of these Terms
• Refuse to process certain types of transactions
• Modify service features, fees, or terms with proper notice

Fees and Payment Terms

Processing Fees

You agree to pay all fees associated with our services, including:

• Transaction processing fees (percentage of transaction amount plus fixed fee)
• Monthly account fees (if applicable)
• Chargeback fees
• Retrieval and inquiry fees
• International transaction fees
• Currency conversion fees
• Premium feature fees

Fee Collection

Fees are deducted from your transaction proceeds before settlement to your bank account. We may also debit your linked bank account for fees, chargebacks, refunds, or other amounts owed. You authorize us to initiate ACH debits for any amounts due under these Terms.

Reserves

We may establish a rolling reserve or fixed reserve account and hold a percentage of your transaction proceeds to cover potential chargebacks, refunds, and other liabilities. Reserve requirements are determined based on your business risk profile, processing history, and industry factors.

Prohibited Activities

You may not use our services to process payments for:

• Illegal products, services, or activities
• Transactions that violate applicable laws or regulations
• Fraudulent or deceptive practices
• Money laundering or terrorist financing
• Unauthorized use of payment card information
• Processing payments for third parties without authorization
• Engaging in practices that generate excessive chargebacks
• Misrepresenting your business, products, or services
• Violating card network rules or regulations

Compliance Obligations

Legal Compliance

You must comply with all applicable laws and regulations, including:

• Payment card industry regulations and card network rules
• PCI DSS data security standards
• Consumer protection laws
• Anti-money laundering (AML) requirements
• Know Your Customer (KYC) requirements
• Privacy and data protection laws
• Industry-specific regulations applicable to your business

Monitoring and Audits

We may monitor your transactions and account activity for compliance purposes. You agree to provide documentation and cooperate with compliance reviews and audits. Failure to maintain compliance may result in account suspension or termination.

Chargebacks and Disputes

You are responsible for all chargebacks and disputes related to your transactions. When a chargeback occurs:

• The transaction amount plus applicable fees will be debited from your account
• You must provide compelling evidence to dispute the chargeback within specified timeframes
• We may assist with dispute representment but make no guarantees of success
• Excessive chargeback ratios may result in increased fees, reserves, or account termination
• You remain liable for chargebacks even after account termination

Refunds and Cancellations

You are responsible for managing customer refunds and cancellations according to your policies and applicable laws. You must process legitimate refund requests promptly. We facilitate refund processing through our platform, but you bear full responsibility for refund decisions and customer disputes. Refund fees may apply as specified in your pricing agreement.

Data Security and Privacy

You must maintain appropriate security measures to protect customer payment card data and personal information. This includes:

• Complying with PCI DSS requirements applicable to your integration
• Not storing sensitive authentication data (CVV, full magnetic stripe data)
• Using secure, encrypted connections for payment data transmission
• Implementing appropriate access controls and authentication
• Promptly reporting any data breaches or security incidents

Our collection and use of information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Termination

By You

You may terminate your account at any time by providing written notice. You remain liable for all fees, chargebacks, refunds, and other obligations incurred prior to termination. We may hold reserves for up to 180 days after termination to cover potential chargebacks and disputes.

By Us

We may suspend or terminate your account immediately for:

• Violation of these Terms
• Excessive chargebacks or fraud
• Legal or regulatory requirements
• Unusual or suspicious activity
• Failure to pay fees or amounts owed
• Providing false or misleading information
• At our discretion with 30 days notice (without cause)

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE PROVIDE SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY YOU IN THE PRECEDING 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, SYSTEMS, OR FAILURES
• YOU INDEMNIFY US AGAINST CLAIMS ARISING FROM YOUR USE OF SERVICES OR VIOLATIONS OF THESE TERMS

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class action lawsuits or class-wide arbitration. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Changes to Terms

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or account notifications. Continued use of our services after changes constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must discontinue use of our services.

Contact Information

If you have questions about these Terms, please contact us: