1. Definitions
- “Services” means our merchant services platform, payment processing solutions, smart routing, payment orchestration, data orchestration, payment facilitation services, chargeback protection, consulting, and related services.
- “Merchant” or “you” means the business or individual using our Services.
- “End Customer Data” means information about your customers that we process on your behalf to authorize, settle, reconcile, and dispute transactions.
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 payment technology services. We facilitate access to payment processing services.
4. 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 the payment service providers, card networks, and other ancillary service providers that support your services. 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.
5. 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). Any additional or optional services may have separate pricing, which will be disclosed prior to purchase.
6. 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 any service billed directly by PaymentGuardian:
- You will receive a refund equal to one (1) month of any previously paid 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.
7. 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 our technology or software.
- Share access credentials or allow unauthorized use.
8. Intellectual Property
All content, technology, and materials on our website and in the Services 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.
9. 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 through the Services, you (the Merchant) remain the controller and we act as your service provider.
10. Confidentiality
You agree to keep confidential any non-public information we provide (including pricing, underwriting criteria, or technical details of our Services).
11. 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 the Services. You may terminate services by providing written notice. Upon termination, you remain responsible for any outstanding fees, chargebacks, and retrievals.
12. 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 any feature, or approval of merchant accounts. Payment processing is subject to approval by the underlying payment service providers. We disclaim all implied warranties to the maximum extent permitted by law.
13. 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.
14. 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, or your violation of these Terms or applicable laws.
15. 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.
16. 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.
17. 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.
18. 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.
