Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and EPaySe Inc. ("EPaySe," "we," "us," or "our") governing your use of the EPaySe payment gateway platform, APIs, dashboard, and related services (collectively, the "Services").

1. Definitions

• "EPaySe" refers to EPaySe Inc., a company registered in the State of Delaware, United States, operating the EPaySe payment gateway platform.
• "Merchant" refers to the business entity that registers for and uses the EPaySe platform to accept payments.
• "Transaction" refers to any payment processed through the EPaySe platform, including charges, refunds, and chargebacks.
• "PSP" (Payment Service Provider) refers to third-party payment processors integrated into the EPaySe platform, including but not limited to AirWallex, JPay, PinddPay, and GenioPago.
• "Settlement" refers to the transfer of processed funds from EPaySe to the Merchant's designated bank account, net of applicable fees and reserves.
• "Chargeback" refers to a reversal of a Transaction initiated by a cardholder's issuing bank.
• "Rolling Reserve" refers to a percentage of processed volume held by EPaySe as security against chargebacks and refunds, released after a specified period.
• "MDR" (Merchant Discount Rate) refers to the per-transaction fee charged as a percentage of the transaction amount.

2. Account Registration

To use EPaySe's Services, you must:

• Be a legally registered business entity in your jurisdiction of operation.
• Have at least one authorized representative who is 18 years of age or older.
• Complete our Know Your Business (KYB) verification process, providing accurate and current business documentation.
• Maintain the accuracy of all account information and promptly update any changes.
• Safeguard your API credentials (API keys, secret keys) and not share them with unauthorized parties.

You are responsible for all activity that occurs under your account. You must immediately notify EPaySe at [email protected] if you suspect unauthorized access to your account or API credentials.

3. Acceptable Use

Permitted Activities

You may use EPaySe to process payments for legal goods and services in jurisdictions where both you and your buyers are authorized to conduct such transactions.

Prohibited Activities

You may not use EPaySe to:

• Process payments for illegal goods, services, or activities in any jurisdiction.
• Facilitate transactions for or on behalf of sanctioned individuals, entities, or countries as designated by OFAC, EU, or UN sanctions lists.
• Misrepresent transaction descriptions, amounts, or the nature of goods or services sold.
• Process transactions that you know or should know to be fraudulent.
• Use the platform for money laundering, terrorist financing, or any other financial crime.
• Conduct unauthorized testing of the platform's security or attempt to gain unauthorized access to other merchants' data.
• Process transactions for child exploitation material, unlicensed pharmaceuticals, or counterfeit goods.

EPaySe reserves the right to suspend or terminate any account engaged in prohibited activities immediately and without prior notice.

4. Payment Processing

EPaySe provides a multi-PSP payment gateway that routes transactions through our integrated network of payment service providers. Key aspects of our processing:

• Intelligent Routing: Transactions are automatically routed through the optimal PSP based on factors including success rates, cost, card type, geography, and PSP availability.
• No Guarantee of Approval: EPaySe does not guarantee that any specific transaction will be approved. Approval decisions are made by the issuing bank and/or PSP.
• Transaction Limits: EPaySe may impose per-transaction, daily, or monthly processing limits based on your risk profile and merchant category.
• Currency Support: We support 100+ currencies. Foreign exchange conversions are performed at prevailing market rates plus applicable conversion fees.
• Checkout Experience: Payments are processed via EPaySe-hosted checkout pages (redirect or iframe). You must not collect or store raw card data on your servers unless you maintain your own PCI-DSS compliance.

5. Fees and Settlement

Fee Structure

Fees are determined by your merchant agreement and may include:

• Merchant Discount Rate (MDR): A percentage of each transaction amount, as specified in your pricing agreement.
• Transaction Fee: A fixed per-transaction fee, if applicable under your pricing tier.
• Chargeback Fee: A fixed fee per chargeback received, regardless of the chargeback outcome.
• Currency Conversion Fee: Applied to cross-currency transactions, expressed as a percentage above the mid-market exchange rate.
• Refund Processing Fee: Applicable only if specified in your merchant agreement.

Settlement

Settlements are processed according to the schedule defined in your merchant agreement (typically T+3 to T+7 business days). Settlements are made net of applicable fees, chargebacks, refunds, and rolling reserve deductions. EPaySe reserves the right to delay settlement if suspicious activity is detected, pending investigation.

Rolling Reserve

EPaySe may apply a rolling reserve based on your risk profile. Reserve percentages and release schedules are specified in your merchant agreement. Reserves are released after the specified holding period, provided no outstanding chargebacks or disputes exist.

6. Chargebacks and Disputes

• You are responsible for responding to all chargebacks within 7 calendar days of notification through the EPaySe dashboard.
• EPaySe provides chargeback representment tools and guidance, but the outcome is determined by the card network and issuing bank.
• A chargeback fee applies to each chargeback regardless of outcome (won or lost).
• If your chargeback ratio exceeds 1.0% of transactions in any calendar month, EPaySe may apply additional reserve requirements or processing restrictions.
• If your chargeback ratio exceeds 2.0%, EPaySe reserves the right to terminate your account and withhold settlement funds sufficient to cover anticipated chargebacks.

EPaySe's Buyer Shield program allows buyers to file purchase protection claims. Merchants are expected to cooperate in good faith with the resolution process.

7. Fraud Prevention

• Merchants must implement 3D Secure (3DS) authentication where supported by their integration and required by regional regulations (e.g., PSD2 Strong Customer Authentication).
• EPaySe operates an AI-powered fraud detection system that may decline transactions deemed high-risk. EPaySe is not liable for revenue loss from declined transactions.
• Merchants must promptly report suspected fraudulent activity through the dashboard or by contacting [email protected].
• Liability for fraudulent transactions is allocated based on the card network rules, authentication method used, and applicable merchant agreement terms.

8. Data Security

• Merchants must not store, log, or transmit raw card data (full PAN, CVV/CVC, magnetic stripe data) on their servers.
• All API communication must use HTTPS (TLS 1.2 or higher).
• Merchants who handle card data outside of EPaySe's hosted checkout must maintain their own PCI-DSS compliance and provide proof upon request.
• In the event of a data breach affecting your customers' data, you must notify EPaySe within 24 hours of discovery.
• EPaySe maintains PCI-DSS Level 1, SOC 2 Type II, and ISO 27001 certifications. Our security practices are detailed in our Privacy Policy.

9. Intellectual Property

The EPaySe platform, including its APIs, dashboard, documentation, algorithms, and user interfaces, is the proprietary property of EPaySe Inc. and is protected by copyright, trademark, and other intellectual property laws. Your use of the Services grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for its intended purpose. You may not:

• Reverse engineer, decompile, or disassemble any part of the platform.
• Copy, modify, or create derivative works based on the platform.
• Sublicense, sell, or redistribute access to the platform.
• Use EPaySe's trademarks or branding without prior written consent.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• EPaySe's total cumulative liability for all claims arising from or related to these Terms shall not exceed the total fees paid by you to EPaySe during the 12 months immediately preceding the claim.
• EPaySe shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.
• EPaySe shall not be liable for losses caused by PSP outages, card network issues, issuing bank decisions, or other events outside our reasonable control.
• EPaySe shall not be liable for delays or failures resulting from force majeure events, including natural disasters, war, terrorism, pandemics, government actions, or internet infrastructure failures.

11. Indemnification

You agree to indemnify, defend, and hold harmless EPaySe, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services in violation of these Terms.
• Your breach of any applicable law or regulation.
• Any dispute between you and your customers regarding goods or services sold.
• Your failure to maintain adequate data security or PCI compliance.
• Any third-party claims arising from your business operations.

12. Term and Termination

Term

These Terms are effective from the date you first access or use the Services and continue on a month-to-month basis until terminated by either party.

Termination by Merchant

You may terminate your account at any time by providing 30 days' written notice to EPaySe. All pending settlements will be processed according to the standard schedule. Rolling reserves will be released after the holding period, subject to any outstanding chargebacks or disputes.

Termination by EPaySe

EPaySe may terminate your account:

• With 30 days' notice for convenience or changes in our business operations.
• Immediately for material breach of these Terms, suspected fraud, violation of acceptable use policies, or if required by law, regulation, or card network rules.

Post-Termination

Upon termination, EPaySe will process any remaining settlements and release reserves according to the schedules defined in your merchant agreement. We may retain sufficient funds to cover anticipated chargebacks for up to 180 days following termination.

13. Dispute Resolution

Negotiation

The parties shall first attempt to resolve any dispute arising from these Terms through good faith negotiation. Either party may initiate negotiation by providing written notice to the other party describing the dispute.

Arbitration

If the dispute is not resolved within 30 days of the negotiation notice, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, and shall be conducted in English.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as part of a class, consolidated, or representative action.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

14. Amendments

EPaySe reserves the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to your registered account address and a prominent notice on the EPaySe dashboard. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the revised Terms, you must discontinue use of the Services before the effective date.

15. Contact

For questions about these Terms of Service: