Terms of Service
Last Updated: May 1, 2025
1. Introduction
Welcome to Circopay. These Terms of Service ("Terms") govern your use of Circopay's website (circopay.com), services, applications, and tools (collectively, the "Services") provided by Circopay LLC ("Circopay," "we," "us," or "our").
By accessing 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 the Services.
2. Definitions
"Account" means a Circopay account registered to you.
"Merchant" means any business entity or individual that applies for and uses Circopay's payment processing services.
"Payment Processing Services" means the services offered by Circopay to enable Merchants to accept payments from their customers.
"High-Risk Industry" refers to industries that typically experience higher rates of chargebacks, fraud, or regulatory scrutiny, as determined by payment processors and card networks.
3. Eligibility
To be eligible to use the Services, you must:
- Be at least 18 years old
- Have legal capacity to enter into a binding agreement
- Not be prohibited from using payment services under applicable laws
- Provide all required information accurately and completely
4. Account Registration
To access certain Services, you must create an account with us. When registering for an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your information
- Keep your login credentials secure and confidential
- Notify us immediately of any unauthorized access to your account
- Take responsibility for all activities that occur under your account
5. Payment Processing Services
Circopay provides payment processing services for merchants in high-risk industries. By using our payment processing services, you agree to:
- Comply with all applicable laws, regulations, and card network rules
- Not use the Services for illegal activities or prohibited businesses
- Provide accurate information about your business and products/services
- Pay all applicable fees as agreed upon in your merchant agreement
- Maintain sufficient funds to cover potential chargebacks and refunds
- Implement appropriate security measures to protect customer data
6. Fees and Payments
You agree to pay all fees associated with your use of the Services as specified in your merchant agreement. Fees may include:
- Application and setup fees
- Monthly or annual service fees
- Transaction processing fees
- Chargeback and refund fees
- Early termination fees
- Additional service fees
All fees are non-refundable unless otherwise specified in your merchant agreement or required by law.
7. Prohibited Activities
You agree not to use the Services to:
- Violate any applicable laws, regulations, or industry standards
- Infringe on the intellectual property rights of others
- Engage in fraudulent activities or misrepresentation
- Process payments for prohibited businesses or products
- Launder money or finance terrorist activities
- Harass, abuse, or harm another person or entity
- Distribute malware or other harmful code
8. Term and Termination
These Terms remain in effect until terminated by either you or Circopay. You may terminate these Terms by closing your account and ceasing to use the Services.
Circopay may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CIRCOPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
IN NO EVENT SHALL CIRCOPAY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
11. Indemnification
You agree to indemnify, defend, and hold harmless Circopay, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any rights of another person or entity
- Your breach of any applicable laws or regulations
12. Changes to Terms
Circopay reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through other communications. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Circopay LLC123 Payment Street
New York, NY 10001
Email: contact@circopay.com
For questions about these terms, please contact us.