Terms of Service

The terms and conditions governing your use of VibePay's merchant of record services.

Last updated: December 2024

Agreement to Terms

By accessing or using VibePay's services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.

These Terms constitute a legally binding agreement between you and VibePay regarding your use of our merchant of record and payment processing services.

Service Description

VibePay provides merchant of record services, including:

  • Payment processing and transaction management
  • Global tax compliance and filing
  • Regulatory compliance and reporting
  • Financial liability assumption
  • Multi-currency and multi-jurisdiction support
  • Customer support and dispute resolution

Account Registration and Security

To use our services, you must create an account and provide accurate, complete information. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Providing accurate and up-to-date business information
  • Complying with our identity verification requirements

Acceptable Use

You agree not to use our services for:

  • Illegal activities or prohibited business types
  • Fraudulent, deceptive, or misleading practices
  • Money laundering or terrorist financing
  • Processing payments for sanctioned entities
  • Violating intellectual property rights
  • Circumventing our risk management systems
  • Adult content, gambling, or other restricted industries

Payment Terms and Fees

Service Fees

Our fees are clearly disclosed in your service agreement. Fees may include:

  • Transaction processing fees
  • Monthly service fees
  • Currency conversion fees
  • Chargeback and dispute fees
  • Additional compliance services

Payment Processing

As your merchant of record, we collect payments on your behalf and remit funds according to your agreed schedule. Settlement times may vary based on risk assessment and regulatory requirements.

Data and Privacy

Your use of our services is also governed by our Privacy Policy. We process personal data in accordance with applicable data protection laws and our privacy commitments.

You grant us the right to process transaction data necessary to provide our services, including sharing with payment processors, banks, and regulatory authorities.

Intellectual Property

VibePay retains all rights to our platform, software, and services. You are granted a limited, non-exclusive license to use our services in accordance with these Terms.

You retain ownership of your business data and content, while granting us necessary rights to process and transmit such data to provide our services.

Compliance and Regulatory Requirements

As a merchant of record service, we assume regulatory compliance obligations. You agree to:

  • Provide accurate business and product information
  • Cooperate with compliance audits and reviews
  • Notify us of material changes to your business
  • Comply with applicable laws in your jurisdiction
  • Maintain appropriate business licenses and permits

Limitation of Liability

To the maximum extent permitted by law, VibePay's liability is limited to direct damages not exceeding the fees paid by you in the 12 months preceding the claim.

We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, business interruption, or data loss.

Disclaimers

Our services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Termination

Either party may terminate this agreement with 30 days' written notice. We may terminate immediately for breach of terms, regulatory requirements, or risk management purposes.

Upon termination, we will complete processing of pending transactions and remit owed funds, subject to applicable holding periods and regulatory requirements.

Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the rules of a recognized arbitration organization. You waive any right to class action proceedings.

Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use of our services constitutes acceptance of modified Terms.

Governing Law

These Terms are governed by the laws of the jurisdiction in which VibePay is incorporated, without regard to conflict of law principles.

Contact Information

For questions about these Terms or our services, please contact us:

  • Email: team@vibepay.sh

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.