Terms of Service

1. Definitions

In these Terms, the following definitions apply:

• "PayStream," "we," "us," or "our" refers to PayStream, Inc., a Delaware corporation.
• "Services" refers to our payment processing platform, APIs, dashboard, and related features.
• "User," "you," or "your" refers to the individual or entity accessing or using the Services.
• "Merchant" refers to a business using PayStream to accept payments from customers.
• "Transaction" refers to a payment processed through the PayStream platform.
• "API" refers to the application programming interfaces we provide.
• "Dashboard" refers to the web interface for managing your PayStream account.

2. Account Registration

2.1 Eligibility

To use PayStream, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Have the legal authority to bind yourself or your organization to these Terms
• Operate a lawful business in a supported country
• Not be prohibited from using financial services under applicable law

2.2 Account Information

You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

2.3 Verification

We may require identity verification, business documentation, or additional information to comply with financial regulations. Failure to provide requested documentation may result in account suspension or termination.

3. Services Description

3.1 Payment Processing

PayStream provides technology and infrastructure to process payments. We facilitate transactions between you and your customers but do not act as a bank or money transmitter in most jurisdictions.

3.2 Settlement

Funds from successful transactions will be settled to your designated bank account according to your payout schedule (typically 2-7 business days). We may hold funds longer if:

• There are concerns about fraud or chargebacks
• Your account is under review
• Required by law or our financial partners
• You have a negative balance due to refunds or chargebacks

3.3 Service Availability

We strive for 99.99% uptime but do not guarantee uninterrupted service. We may perform maintenance, updates, or suspend services for security reasons with or without notice.

4. Fees & Payment

4.1 Transaction Fees

You agree to pay all applicable fees as described on our Pricing page. Fees may include:

• Per-transaction processing fees (percentage + fixed amount)
• International transaction fees
• Currency conversion fees
• Chargeback and dispute fees
• Refund processing fees (if applicable)

4.2 Fee Changes

We may modify fees with 30 days' notice. Continued use of the Services after fee changes constitutes acceptance. You may close your account if you do not accept the new fees.

4.3 Taxes

You are responsible for determining and paying all applicable taxes. PayStream fees are exclusive of taxes unless otherwise stated.

5. Your Obligations

As a PayStream user, you agree to:

• Use the Services only for lawful business purposes
• Comply with all applicable laws, regulations, and card network rules
• Provide clear refund and cancellation policies to your customers
• Respond promptly to customer disputes and chargeback inquiries
• Maintain adequate security measures for customer data
• Not exceed your approved processing limits without prior authorization
• Keep your integration up to date with our API specifications

6. Prohibited Activities

You may not use PayStream for:

• Illegal activities: Money laundering, terrorist financing, fraud, or any unlawful purpose
• Restricted businesses: Adult content, gambling (without license), weapons, drugs, or other items prohibited by card networks
• Deceptive practices: Misleading pricing, fake products, or bait-and-switch tactics
• Unauthorized transactions: Processing payments without proper customer authorization
• Card testing: Using our services to test stolen card numbers
• Abuse: Attempting to circumvent security measures, rate limits, or fraud detection

We reserve the right to suspend or terminate accounts engaged in prohibited activities without notice or refund.

7. Intellectual Property

7.1 Our IP

PayStream and its licensors retain all rights to the Services, including trademarks, logos, software, APIs, and documentation. These Terms do not grant you any ownership rights.

7.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes.

7.3 Your Content

You retain ownership of your business information, customer data, and transaction records. You grant us a license to use this information to provide the Services.

8. Limitation of Liability

8.1 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYSTREAM SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Actions of third parties, including card networks or banks

Our total liability shall not exceed the fees you paid to PayStream in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold PayStream harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
• Disputes with your customers
• Chargebacks and fraud claims related to your transactions

10. Termination

10.1 By You

You may close your account at any time through the Dashboard or by contacting support. You remain responsible for pending transactions and any outstanding fees.

10.2 By PayStream

We may suspend or terminate your account:

• For violation of these Terms
• If required by law or card network rules
• For excessive chargebacks or fraud rates
• For any reason with 30 days' notice
• Immediately for suspected illegal activity

10.3 Effect of Termination

Upon termination, we will settle any remaining funds (minus reserves and fees) within 90 days, subject to our risk assessment.

11. Dispute Resolution

11.1 Arbitration

Any dispute arising from these Terms shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California.

11.2 Class Action Waiver

You agree to resolve disputes with PayStream on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

11.3 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or to prevent imminent harm.

12. General Provisions

12.1 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

12.2 Modifications

We may modify these Terms at any time. Material changes will be communicated via email or Dashboard notification at least 30 days before taking effect.

12.3 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

12.4 Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements, constitute the entire agreement between you and PayStream.

12.5 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations to an affiliate or successor.

12.6 No Waiver

Failure to enforce any provision does not constitute a waiver of our rights.