Terms of Service

1. Acceptance of Terms

By accessing or using the Maxpay.to payment processing platform and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our Services.

These Terms constitute a legally binding agreement between you (either an individual or a legal entity, referred to as "Merchant," "you," or "your") and Maxpay.to ("Company," "we," "us," or "our"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to update these Terms at any time. Continued use of the Services after any such changes constitutes your acceptance of the new Terms. We will notify you of material changes via email or through a prominent notice on our platform.

2. Services

Maxpay.to provides payment processing and orchestration services that enable merchants to accept payments from customers worldwide. Our Services include, but are not limited to:

Payment Processing: Acceptance and processing of payments via credit cards, debit cards, digital wallets (including Google Pay and Apple Pay), bank transfers (including SEPA), and alternative payment methods such as Klarna.

Payment Orchestration: Intelligent routing of transactions across multiple payment processors and acquiring banks to maximize approval rates and minimize processing costs.

Fraud Prevention: Real-time transaction monitoring and risk scoring to detect and prevent fraudulent transactions.

Reporting and Analytics: Access to transaction data, reporting dashboards, and analytics tools through our merchant portal and API.

Integration Tools: APIs, SDKs, plugins, and documentation to facilitate integration of our payment capabilities into your platforms and applications.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with reasonable notice where practicable. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

3. Account Eligibility

To use our Services, you must meet the following eligibility requirements:

Legal Entity: You must be a legally registered business entity or a sole trader operating lawfully in your jurisdiction. We do not provide Services to individuals acting in a purely personal capacity.

Age: All individuals authorized to act on behalf of the merchant account must be at least 18 years of age.

Compliance: You must operate your business in compliance with all applicable laws and regulations in the jurisdictions where you operate, including but not limited to consumer protection laws, data protection laws, and financial regulations.

KYC/AML Requirements: You must complete our Know Your Customer (KYC) verification process and provide all documentation required for Anti-Money Laundering (AML) compliance. We are required by law to verify the identity of our merchants and the nature of their businesses.

Prohibited Businesses: Certain business types are ineligible for our Services. See Section 5 (Prohibited Activities) for a detailed list.

We reserve the right to refuse service to any applicant or to terminate an existing account if eligibility requirements are not met or if we determine, in our sole discretion, that providing Services would create unacceptable risk or violate applicable law.

4. Fees and Billing

Your use of the Services is subject to the fees set forth in your merchant agreement or as otherwise communicated to you in writing. All fees are exclusive of applicable taxes, which you are responsible for paying.

Processing Fees: We charge a percentage of each transaction processed through our platform, plus a fixed per-transaction fee. Exact rates depend on your payment volume, business type, risk profile, and the payment methods and currencies involved.

Monthly Fees: Depending on your plan, monthly platform fees may apply. These are charged regardless of transaction volume.

Chargeback Fees: A fee will be assessed for each chargeback or dispute filed against your account. You are also responsible for the disputed transaction amount until the chargeback is resolved in your favor.

Reserve Requirements: We may, at our discretion, require you to maintain a rolling reserve — a percentage of your processing volume held for a period of time to cover potential chargebacks, refunds, or other liabilities. Reserve requirements will be communicated to you and are subject to periodic review.

Billing: Fees are typically deducted from your settlement amounts. Any amounts owed that cannot be deducted from settlements will be invoiced and are payable within 14 days of the invoice date. Overdue amounts may incur interest and may result in suspension of your account.

We reserve the right to modify our fee structure upon 30 days' written notice. Your continued use of the Services after the effective date of any fee change constitutes acceptance of the new fees.

5. Prohibited Activities

You may not use our Services in connection with any of the following business types or activities. This list is illustrative and not exhaustive:

Financial Crimes: Money laundering, terrorist financing, fraud, Ponzi schemes, pyramid schemes, and any other illegal financial activities.

Illegal Products and Services: Sale of counterfeit goods, illegal drugs or controlled substances without proper authorization, illegal firearms or weapons, stolen goods, or any other products or services prohibited by applicable law.

Adult Content: Pornography or adult content businesses, unless specifically approved in writing by Maxpay.to.

Gambling: Online gambling, sports betting, lotteries, and other gaming activities, unless specifically approved and properly licensed.

High-Risk Financial Products: Certain cryptocurrencies, binary options, foreign exchange without proper authorization, and other high-risk financial instruments without appropriate regulatory approval.

Deceptive Practices: Misleading or deceptive business practices, false advertising, or any activities designed to deceive consumers or payment networks.

Violation of Network Rules: Any activity that violates the operating rules or regulations of Visa, Mastercard, American Express, or any other payment network we work with.

Engaging in prohibited activities may result in immediate termination of your account, withholding of funds, and reporting to relevant authorities. You agree to indemnify and hold us harmless from any losses, fines, or penalties arising from your engagement in prohibited activities.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Maxpay.to and its directors, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

Loss of profits, revenue, or business; loss of data or goodwill; cost of substitute goods or services; or any other intangible losses arising out of or in connection with your use of, or inability to use, our Services — even if we have been advised of the possibility of such damages.

Our total cumulative liability to you for any claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total fees paid by you to Maxpay.to in the three months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100).

The limitations of liability set forth in this section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, our liability is limited to the fullest extent permitted by applicable law.

7. Termination

Either party may terminate the merchant agreement and your access to the Services at any time, subject to the following:

Termination by You: You may terminate your account at any time by providing written notice to our support team. Termination will take effect after all pending transactions have been settled, outstanding chargebacks resolved, and any reserve requirements fulfilled.

Termination by Us: We may terminate or suspend your access to the Services immediately, without prior notice, if: (a) you breach any provision of these Terms; (b) we determine that you are engaged in prohibited activities; (c) your chargeback rate exceeds acceptable thresholds set by payment networks; (d) we are required to do so by applicable law or regulatory requirement; or (e) we reasonably believe continued provision of Services creates unacceptable risk.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. We may retain your data for the period required by applicable law and as necessary to resolve disputes, prevent fraud, and enforce our agreements. Obligations that by their nature should survive termination — including payment obligations, indemnification, and limitation of liability — will survive termination of these Terms.

Post-Termination Funds: Following termination, we will settle any remaining funds owed to you after deducting fees, chargebacks, refunds, fines, and any amounts owed to us, subject to any reserve period required to cover potential chargebacks or disputes.

8. Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

Dispute Resolution: Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation. Either party may initiate this process by sending written notice describing the dispute in reasonable detail.

Arbitration: If the parties are unable to resolve a dispute through negotiation within 30 days of written notice, any dispute shall be resolved by binding arbitration. The arbitration shall be conducted by a recognized arbitration body, with proceedings conducted in English. The arbitrator's decision shall be final and binding and may be enforced in any court of competent jurisdiction.

Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted solely on an individual basis, and not as a class action, collective action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of the remaining provisions.