Terms of Service

1. Overview

These Terms constitute a binding contract between you (“Merchant,” “you,” or “your”) and PayCard LLC (“PayCard,” “we,” “us,” or “our”). They govern your access to Paycard.com, our dashboards, APIs, mobile readers, and all related payment-processing, risk-management, and support services (collectively, the “Services”). By creating an account, signing an online order form, or transmitting a payment transaction through the Services, you agree to these Terms and to any policies referenced herein, including our Privacy Policy.

2. Acceptance of Terms

You accept these Terms by (i) clicking “I Agree,” (ii) integrating or otherwise using the Services, or (iii) continuing to access the Site after a change notice has posted. Courts routinely enforce click-wrap and browse-wrap agreements when clear notice is provided.

3. Eligibility & Account Registration

You must be (a) at least 18 years old; (b) duly organized and in good standing in your jurisdiction; and (c) able to enter legally binding contracts. We may require identity verification and KYC/AML screening under the Bank Secrecy Act and card-brand rules, similar to other processors.

4. Description of Services

PayCard provides card-present and card-not-present payment processing, settlement to your designated U.S. bank account, chargeback handling, PCI-compliant tokenization, and analytics dashboards. Our role mirrors the “Payment Service Provider” model described in Uniform Commercial Code Article 4A for funds transfers.

5. Merchant Obligations

5.1 PCI DSS & Data Security

You must at all times store, process, and transmit card data in compliance with PCI DSS v4.0 and all card-brand regulations.

5.2 Prohibited Activities

You will not (a) use the Services for illegal goods, (b) submit transactions you know to be fraudulent, or (c) violate any FTC rule against unfair or deceptive acts or practices.

5.3 Chargebacks

You are liable for all chargebacks, retrievals, and associated fines. Cardholders generally have 45-180 days (longer in some schemes) to dispute a charge.

6. Fees & Settlement

We will disclose processing rates, monthly minimums, and pass-through network fees in your order form or dashboard. You authorize us to debit such fees, chargebacks, refunds, and any fines from your settlement amounts or linked bank account.

7. Electronic Signatures & Records

Electronic signatures and records relating to the Services carry the same legal effect as ink signatures under the U.S. E-SIGN Act.

8. Intellectual Property

All Site content, trademarks, logos, and proprietary technology are owned by PayCard or its licensors. You receive a limited, revocable, non-exclusive license to use our APIs solely as documented.

9. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Model language derived from leading processor terms.

10. Limitation of Liability

In no event will PayCard’s aggregate liability arising out of or relating to the Services exceed the total fees paid by you to PayCard during the three (3) months preceding the event giving rise to the claim. We disclaim any liability for indirect, incidental, consequential, punitive, or exemplary damages. Such liability caps are customary in commercial agreements.

11. Indemnification

You will defend, indemnify, and hold harmless PayCard, its affiliates, and their officers, directors, and employees from any third-party claim arising from your (a) breach of these Terms, (b) violation of law, or (c) gross negligence or willful misconduct.

12. Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (e.g., natural disaster, internet outage, government action), consistent with SaaS industry drafting guidance.

13. Term & Termination

These Terms commence when accepted and continue until terminated by either party on 30 days’ notice. We may suspend or terminate immediately for material breach, suspected fraud, or risk to the card-brand ecosystem.

14. Dispute Resolution & Arbitration

14.1 Informal Resolution

Before formal action, the parties will attempt good-faith resolution within 30 days.

14.2 Binding Arbitration

Unresolved disputes will be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. American Arbitration Association The Federal Arbitration Act governs interpretation and enforcement. U.S. Supreme Court precedent confirms such clauses are enforceable.

14.3 Class-Action Waiver

Arbitration shall be conducted on an individual basis; class or collective actions are not permitted.

 15. Governing Law & Venue

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Subject to Section 14, any litigation must be brought exclusively in state or federal courts located in Delaware.

16. Changes to Terms

We may amend these Terms by posting a revised version at least 15 days before the effective date and emailing notice to the address on file. Continued use constitutes acceptance. Advance notice improves enforceability.

17. Miscellaneous

  • Entire Agreement. These Terms, the Privacy Policy, and any executed order forms constitute the entire agreement.

  • Severability. If any provision is held invalid, the remainder remains in force.

  • Assignment. You may not assign rights or obligations without our written consent.

  • No Waiver. Failure to enforce a provision is not a waiver of future enforcement

18. Contact

Questions?

Email: [email protected]

Mail: PayCard, 424 E Sherman Ave Ste 307, Coeur D Alene, ID 83814, USA.