Terms of service

1. The agreement

These Terms of Service ("Terms") are between you and Merch FinTech LLC, a Florida limited liability company ("Merch FinTech", "we", "us"). They cover merchfintech.com, our brand sites (including 613OS and LiceHQ), the platform and related services (the "Services"). Using the Services means you accept these Terms. If you sign a merchant application, order form, custom-build scope, partner agreement or ISV agreement, that document is part of the agreement and controls if it conflicts with these Terms. Banking and card products are provided through partner banks, and payroll through our payroll partner, each governed by that partner's own account agreement or terms, which you accept when you apply.

2. Eligibility and accounts

The Services are for businesses and organizations. You must be at least 18 and authorized to bind the business you represent. You are responsible for the accuracy of the information you give us, for keeping your credentials confidential, and for everything done under your account, including by your staff and the automations you configure. Tell us at once if you believe your account is compromised.

3. Payment processing

Card processing, ACH and related services are provided by our sponsor-bank and processor partners under a merchant agreement you sign with them. Each business holds its own merchant account and is subject to underwriting, ongoing risk review, card-network rules and applicable law. Merch FinTech is the referring agent. Approval, pricing, settlement timing, reserves, holds, chargebacks and termination are governed by that merchant agreement and the card networks' rules. Interchange-plus pricing passes through interchange and network costs plus one disclosed margin, shown on your statement.

Dual-pricing, cash-discount and surcharge programs are offered only where card-brand rules and state law allow, must be run with the disclosures and signage we provide, and may not be applied to debit cards. Surcharges may not exceed the lesser of 3% or your actual cost of acceptance, or the lower cap a state sets (2% in Colorado and Oklahoma; actual cost only in New Jersey). You are responsible for running the program correctly at your location. Programs are not available everywhere and may be withdrawn if rules change.

4. Software subscriptions

We grant you a limited, non-exclusive, non-transferable right to use the platform for your internal business during your subscription. Plans are described on the pricing page and in your order. Basic is $99 per month. While your merchant account referred by us is open, in good standing and actively processing, we credit the Basic fee back on your monthly processing statement. If processing stops, moves elsewhere or is terminated, Basic is billed at $99 per month from the next billing date, with notice before the first charge. Pro is $299 per month, or $249 per month billed annually, and is credited back at the higher processing volumes set out in your order, reviewed quarterly. Enterprise pricing is set in your order. Plan features may change; we will not materially reduce the plan you pay for without notice.

Custom builds. Custom workflows and automation are a one-time service, from $1,999. The written scope and fixed quote you approve before work starts are part of your order and set the deliverables, delivery date, tuning period and price; scope changes are quoted in writing. Deliverables live in your account on any plan while your subscription continues, subject to Section 9.

5. Usage wallet

Texts, calls, AI conversations and voice minutes, WhatsApp lines and email volume are billed from a prepaid usage wallet at the rates shown in your account, which reloads at the threshold you set. Wallet balances are not refundable except where the law requires, and unused balances expire 12 months after your subscription ends. Partners who rebill usage set their own rates under their partner agreement.

6. Fees, billing and taxes

Subscription fees are billed in advance, monthly or annually, to the payment method on file, and renew automatically until canceled. Hardware is sold or placed under the terms in your order. Fees exclude taxes, which we collect where required. If a payment fails we may retry it, suspend the Services after notice, and charge interest at the lesser of 1.5% per month or the legal maximum on amounts more than 30 days past due. We may change fees on 30 days' notice; processing pricing follows your merchant agreement.

7. Your data

You own the data you and your customers put into the platform. You grant us the rights needed to host, process, back up and display it to provide the Services, to comply with law, and to produce aggregated statistics that do not identify you or your customers. You can export your data at any time during your subscription and for 30 days after it ends, after which we may delete it except where the law requires retention. You are responsible for your content and messages, for the consents your customers' data requires, and for complying with the laws that apply to your use, including the TCPA, CAN-SPAM, state privacy laws and rules protecting students, patients and donors.

8. Acceptable use

Use of the Services is subject to our acceptable use policy, which is part of these Terms. We may suspend or restrict accounts that violate it, present risk to our partners, or that the card networks, sponsor banks or regulators require us to.

9. Intellectual property

The platform, its design, documentation, templates, snapshots and content are owned by Merch FinTech or its licensors and protected by law. You may not copy, modify, reverse engineer, resell or build a competing product from them except as a written partner agreement allows. Suggestions you send us may be used without obligation. Your name and logo stay yours; we will not use them in marketing without permission.

10. Partner and ISV programs

Referral, white-label, keep-your-processor and ISV relationships are governed by their own written agreements, which set the revenue-share terms, onboarding pricing and obligations. Descriptions on the site are not promises of income. Partners may not represent themselves as Merch FinTech, name our technology or processing partners, or make claims about the Services beyond what we publish.

11. Third-party services

The Services rely on sponsor banks, processors, telecom carriers, AI model providers and other vendors, and may connect to third-party applications you choose. Their terms apply to their services. We are not responsible for third-party products, carrier filtering of messages, or outages outside our control, though we will work to resolve them.

12. Term and termination

Monthly subscriptions run until canceled; annual subscriptions run for the term and renew unless canceled 30 days before renewal. We may suspend or terminate for breach, non-payment, risk or legal reasons, with notice where practical. On termination your right to use the platform ends, fees due remain payable, Sections 7, 9 and 13 through 16 survive, and you have 30 days to export your data. Processing termination follows your merchant agreement; partner terms follow the partner agreement.

13. Disclaimers

The Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied. We do not guarantee that you will save money, earn any amount, qualify for any program or receive funds by any time. Estimates, comparisons, calculators and examples are illustrative. Banking and card products are provided through partner banks and are subject to their approval; Merch FinTech is not a bank, and nothing on the site is an offer of a bank account by Merch FinTech. Approval for processing, banking, cards, payroll and programs is not assured.

14. Limitation of liability

To the fullest extent the law allows, Merch FinTech and its members, managers, employees, partners and suppliers are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused. Our total liability for all claims arising out of the Services in any 12-month period is limited to the fees you paid us for the Services in that period. These limits do not apply where the law does not allow them.

15. Indemnification

You will defend and indemnify Merch FinTech and its partners against claims, losses and costs, including reasonable attorneys' fees, arising from your use of the Services, your data and messages, your breach of these Terms or the acceptable use policy, your pricing-program practices, or your violation of law or of a third party's rights.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Before filing a claim, each party gives written notice and tries for 30 days to resolve it informally. Unresolved disputes are brought in the state or federal courts in Miami-Dade County, Florida, and the parties consent to their jurisdiction. To the extent the law permits, each party gives up the right to a jury trial and agrees that claims are brought individually, not as a class or representative action. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information.

17. General

We may update these Terms by posting a new version with a new date; material changes take effect 30 days after notice, and continued use is acceptance. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Notices to us go to [email protected] or 10185 Collins Ave, Bal Harbour, FL 33154; notices to you go to the email on your account. If a provision is unenforceable, the rest remains in effect. These Terms, your order and the agreements referenced here are the entire agreement.

These terms are not legal advice. Consult a lawyer about your obligations.