Terms of Service

Welcome to Adaptiv Payments! These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our website and services, you agree to comply with these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing and using the services provided by Adaptiv PaymentsAdaptive Payments, you acknowledge and agree to be bound by these Terms, as well as our Privacy Policy. We reserve the right to update or modify these Terms at any time, and it is your responsibility to review them periodically. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

2. Services Provided

Adaptiv PaymentsAdaptive Payments provides secure payment processing services for businesses in various industries, including but not limited to high-risk sectors. Our services include:

• Merchant account solutions for high-risk industries
• Payment gateway integration and management
• Fraud prevention and risk management
• Regulatory compliance support
• Chargeback prevention and management
• Multi-currency processing

All services are subject to availability and may change from time to time at our discretion. We reserve the right to modify, suspend, or discontinue any part of our services without prior notice.

3. Eligibility

To use our services, you must be at least 18 years old and capable of entering into a legally binding contract. If you are using our services on behalf of a business entity, you represent and warrant that:

• You have the authority to bind that entity to these Terms
• The business is legally formed and operating in compliance with applicable laws
• The business and its principals have not been previously terminated by Adaptiv Payments or other payment processors for policy violations

By using our services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

In order to access certain services, you may need to create an account with Adaptiv PaymentsAdaptive Payments. When registering for an account, you agree to:

• Provide accurate, complete, and up-to-date information
• Maintain the confidentiality of your account credentials
• Promptly update any information that changes
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to refuse service, terminate accounts, or cancel orders at our discretion, including if we believe that user conduct violates applicable law or is harmful to our interests or the interests of other users.

5. Payment Processing

By using our payment processing services, you agree to comply with all applicable laws, regulations, and industry standards, including but not limited to:

• Payment Card Industry Data Security Standards (PCI DSS)
• Anti-money laundering (AML) regulations
• Know Your Customer (KYC) requirements
• Card association rules and regulations

You are responsible for ensuring that all transactions processed through our services are legitimate and authorized. We reserve the right to monitor transactions for suspicious activity and may hold funds or suspend services if we detect potentially fraudulent or illegal transactions.

For recurring billing services, you must obtain proper authorization from customers and provide clear disclosure of billing terms. Customers must be able to easily cancel recurring services in accordance with applicable laws and card association rules.

6. Fees

In exchange for our services, you agree to pay any fees associated with the use of Adaptiv PaymentsAdaptive Payments, as outlined in your service agreement or pricing plan. These fees may include:

• Application and setup fees
• Monthly service fees
• Per-transaction fees and processing rates
• Chargeback and refund fees
• Gateway and integration fees
• Early termination fees (if applicable)

Fees are subject to change, and you will be notified of any changes in advance. You authorize us to automatically deduct fees from your designated account or to charge your payment method on file.

7. Restrictions

You agree not to use our services for any illegal, fraudulent, or harmful activities. Prohibited activities include, but are not limited to:

• Processing payments for illegal goods or services
• Using our services to violate any laws or regulations
• Engaging in deceptive marketing practices
• Misrepresenting products or services
• Processing transactions for businesses not disclosed during account setup
• Using our services in a manner that could damage, disable, or impair our systems

We reserve the right to determine, in our sole discretion, whether a particular product, service, or practice violates these restrictions.

8. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

You agree to implement and maintain appropriate security measures to protect customer data in accordance with applicable laws and industry standards. You must promptly notify us of any suspected data breach or unauthorized access to customer information.

9. Termination

We reserve the right to suspend or terminate your access to our services at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Engaging in prohibited activities
• Excessive chargebacks or fraud
• Non-payment of fees
• Providing false or misleading information

Upon termination, your right to use the services will immediately cease, and you agree to immediately discontinue use of our services. The provisions of these Terms that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Limitation of Liability

To the fullest extent permitted by law, Adaptiv PaymentsAdaptive Payments is not liable for any direct, indirect, incidental, consequential, or punitive damages resulting from your use of our services, including but not limited to:

• Loss of profits, business, or data
• Business interruption
• Computer or system failure
• Unauthorized access to your data
• Errors or omissions in information provided

Our total liability to you is limited to the amount paid for the services in the 12-month period prior to the claim. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Adaptiv PaymentsAdaptive Payments, its affiliates, employees, and partners from any claims, losses, damages, or expenses (including legal fees) arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Your products or services
• Transactions processed through your account

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes arising from or related to these Terms shall be resolved in the courts located in Pinellas County, Florida.

You agree to submit to the personal and exclusive jurisdiction of these courts. Any cause of action you may have with respect to your use of our services must be commenced within one (1) year after the claim or cause of action arises.

13. Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

These Terms constitute the entire agreement between you and Adaptiv PaymentsAdaptive Payments and supersede all prior agreements or understandings, whether written or oral. Any heading, caption, or section title contained herein is inserted for convenience only and does not define or explain any section or provision.

We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign your rights or obligations to any third party without our prior written consent.

14. Contact Us

If you have any questions about these Terms of Service or need further assistance, please contact us at: