1. Definitions
- “Services” means our merchant services platform, payment processing solutions, smart routing, chargeback protection, consulting, and DescriptorGuard.
- “Merchant” or “you” means the business or individual using our Services.
- “DescriptorGuard” means our proprietary AI-powered call intelligence technology, including intelligent descriptor phone numbers, call routing, AI transcription, real-time alerts, emotion/keyword detection, chargeback-risk scoring, and 24/7 backup handling.
- “Payment Descriptor” means the message that appears on the cardholder’s credit card or bank statement for a transaction.
- “End Customer Data” means data generated from calls to intelligent descriptor numbers (phone numbers, metadata, recordings where enabled, transcripts, etc.).
2. Eligibility and Account Registration
You must be at least 18 years old and operating a legitimate business to use our Services. You agree to provide accurate information during account setup and merchant applications. We reserve the right to approve, decline, or terminate any application or account at our sole discretion (including for underwriting, risk, or compliance reasons).
3. Description of Services
We act as an Independent Sales Organization (ISO) providing merchant payment processing, boutique consulting, and DescriptorGuard. We facilitate access to payment processing through our relationships with acquiring banks and processors. DescriptorGuard is included with every PaymentGuardian.io provided merchant account or managed gateway service at no additional setup cost.
4. DescriptorGuard Terms and Conditions
DescriptorGuard is provided exclusively with a PaymentGuardian.io merchant account or managed gateway service. The following additional terms apply:
- Use of DescriptorGuard Phone Number: You may use the intelligent descriptor phone number provided by us only as the Payment Descriptor (the message or phone number that appears on the cardholder’s credit card or bank statement). You agree not to use this phone number for any other purpose, marketing, advertising, or general business communications outside of its designated role as the Payment Descriptor.
- Compliance Responsibility: You are solely responsible for ensuring that all use of DescriptorGuard complies with applicable laws, including call-recording consent requirements, TCPA, and data protection regulations. You must provide appropriate notice and obtain any required consents from your end customers (for example, through the prerecorded introduction played by DescriptorGuard).
- Technical Operation: DescriptorGuard automatically captures call-related data when activated. We provide the technology on an “as is” basis with the features described on our website.
- Suspension or Termination: We may suspend or terminate access to DescriptorGuard if you breach these terms, misuse the provided phone number, or violate applicable laws.
5. Partner Processing and Ancillary Services
By signing up for any PaymentGuardian.io merchant account, managed gateway service, or other ancillary business solutions, you agree to be bound by the terms and conditions of all our partner processors, acquiring banks, card networks, and other ancillary service providers. These partner terms are incorporated by reference into these Terms and will be provided or made available to you upon respective sign-up or as otherwise required. You acknowledge that certain rights, obligations, restrictions, and remedies (including fee structures, chargeback policies, termination rights, and liability limitations) are governed directly by these partner agreements.
6. Billing, Payments, and Fees
You are responsible for all fees associated with your PaymentGuardian.io merchant accounts or managed gateway services (including processor fees, which are passed through). DescriptorGuard is included with qualifying accounts and does not carry a separate monthly or annual fee when provided through us. Any additional or optional services may have separate pricing, which will be disclosed prior to purchase.
7. Cancellation and Refund Policy
You may request cancellation of your PaymentGuardian.io merchant account or managed gateway service at any time, subject to any notice periods or early termination fees required by our processor partners. Upon cancellation of services that include DescriptorGuard:
- You will receive a refund equal to one (1) month of any previously paid DescriptorGuard-related charges (if applicable).
- Refunds are processed within 10 business days to the original payment method.
- No refunds are provided for partial months or for standard merchant processing fees unless otherwise specified. All other fees are non-refundable except as expressly stated.
8. Use of Services and Restrictions
You agree to use the Services only for lawful business purposes and in compliance with all applicable laws, card network rules (Visa, Mastercard, etc.), and our instructions. You must not:
- Use the Services for illegal activities, money laundering, or high-risk prohibited businesses.
- Reverse engineer, copy, or modify DescriptorGuard or any AI components.
- Share access credentials or allow unauthorized use.
- Use the DescriptorGuard phone number except as the Payment Descriptor as defined above.
- Record calls without all-party consent where required by law.
9. Intellectual Property
All content, technology, and materials on our website and in the Services (including DescriptorGuard) are owned by PaymentGuardian or our licensors. You are granted a limited, non-exclusive, revocable license to use the Services during the term of your account. You retain ownership of your data but grant us a license to use it as necessary to provide the Services.
10. Data Privacy
Your privacy is governed by our Privacy Policy, available at www.paymentguardian.io/privacy-policy, which is incorporated into these Terms. By using the Services, you consent to the collection, use, and sharing of data as described in the Privacy Policy. For End Customer Data processed via DescriptorGuard, you (the Merchant) remain the controller and we act as your service provider.
11. Confidentiality
You agree to keep confidential any non-public information we provide (including pricing, underwriting criteria, or technical details of DescriptorGuard).
12. Termination
We may suspend or terminate your access to the Services at any time for breach of these Terms, non-payment, risk/compliance reasons, or misuse of DescriptorGuard. You may terminate services by providing written notice. Upon termination, you remain responsible for any outstanding fees, chargebacks, and retrievals.
13. Warranties and Disclaimers
The Services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind. We do not guarantee uninterrupted service, zero chargebacks, specific results from DescriptorGuard AI features, or approval of merchant accounts. Payment processing is subject to approval by our bank and processor partners. We disclaim all implied warranties to the maximum extent permitted by law.
14. Limitation of Liability
To the fullest extent permitted by law, PaymentGuardian’s total liability shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim. We are not liable for indirect, consequential, punitive, or incidental damages, including lost profits or data loss.
15. Indemnification
You agree to indemnify, defend, and hold harmless PaymentGuardian, our officers, directors, employees, and partners from any claims, losses, or damages arising from your use of the Services, your merchant transactions, your end-customer interactions, misuse of the DescriptorGuard phone number, or your violation of these Terms or applicable laws.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Nevada, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Clark County, Nevada. You waive any objection to venue or jurisdiction in these courts.
17. Changes to These Terms
We may update these Terms at any time. We will post the revised version with a new effective date. Continued use of the Services after changes constitutes acceptance of the new Terms. Material changes will be notified via email or website notice.
18. Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Services. If any provision is held invalid, the remainder remains in effect. We may assign these Terms; you may not. No waiver of any breach constitutes a waiver of any other breach.
19. Contact Us
For questions about these Terms:
DMRKB LLC d/b/a PaymentGuardian
4730 S. Fort Apache Rd. Las Vegas, NV 89147-7947
Email: info@paymentguardian.io
Website: www.paymentguardian.io/contact/
By using our Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
