Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") form a binding agreement between you and DjetPay Inc.. By accessing or using any websites, applications, or services provided by DjetPay (collectively, the "Service"), you agree to these Terms and our Privacy Policy, Refund Policy, Payment Disclosure, Subscription Agreement, Security Statement, E-Signature Disclosure, and Cookie Notice (together, the "Policies"). If you use the Service on behalf of an entity, you represent that you are authorized to bind that entity, and "you" refers to that entity.

2. Eligibility and Accounts

• You must be at least 18 years old and have the legal capacity to enter into these Terms.
• You must provide accurate registration information and keep it current.
• You are responsible for all activity under your account and for safeguarding credentials (including enabling multi-factor authentication where available).
• We may reject, suspend, or terminate accounts that violate these Terms or applicable law.

3. Services; No Banking or Money Transmission

DjetPay provides invoicing, billing, payment facilitation, and related business tools. DjetPay is not a bank, financial institution, or money transmitter, and does not take ownership of or control customer funds. Except where explicitly stated in writing, funds flow to and from you via third-party payment service providers and financial institutions under their terms.

4. Third-Party Services and Payment Processing

The Service may interoperate with third-party products and services (for example, payment processors such as Stripe, identity verification, storage, analytics, or communications). Your use of any third-party service is governed by that provider's terms and privacy policies. We are not responsible for third-party services and do not guarantee their availability or performance.

Payment Processing. Payment processing for you or your customers may be provided by third parties (for example, Stripe, Inc.). If you open or use a connected account, you agree to the applicable Connected Account Agreement and processor terms. DjetPay does not store full card numbers or bank account credentials.

5. Subscriptions, Fees and Taxes

• Plans and Auto-Renewal. Paid plans are billed in advance and renew automatically until canceled as described in our Subscription Agreement.
• Platform or Processing Fees. Some transactions may include platform or processing fees. See our Payment Disclosure for details and the section titled Processing Fee Responsibility and Surcharges for legal requirements that apply if you choose to pass fees to customers.
• Changes. We may adjust pricing on renewal with prior notice where required by law.
• Taxes. You are responsible for all applicable taxes, duties, and government charges.

6. Processing Fee Responsibility and Surcharges

The Service may allow you to configure who pays payment processing or platform fees (for example, the business absorbs the fee or the fee is added to the customer's total). You acknowledge and agree:

• Your Compliance Responsibility. You are solely responsible for ensuring that any fee pass-through, surcharge, or convenience fee complies with all applicable laws and regulations, as well as card network rules (including Visa, Mastercard, American Express, and Discover) and processor requirements. This includes any prohibitions, caps, routing rules, or disclosure obligations that may apply in your jurisdiction.
• Jurisdictional Restrictions. Some jurisdictions restrict or regulate surcharging for credit card transactions and/or prohibit surcharges on debit or prepaid transactions. You must not apply surcharges where prohibited and must follow any transaction- type distinctions required by law or network rules.
• Disclosure and Receipts. Where surcharges or fee pass-throughs are permitted, you must provide clear, advance disclosure to the customer and display the surcharge or fee as a separate line item where required. You are responsible for any required signage, customer notices, invoice line items, and receipt disclosures.
• Amount Limits and Cost-Based Rules. If a cap, ceiling, or cost-based calculation is required by law or card network rules, you must ensure the amount you charge complies with those limits and methods.
• No Legal Advice. DjetPay does not provide legal advice. Materials provided through the Service (including help text, examples, or templates) are for informational purposes only. You should consult your own legal counsel to determine what is permitted in your jurisdiction and by your payment processor.
• Our Right to Enforce. We may suspend, remove, or disable any configuration that we believe violates law, card network rules, or processor requirements, or that poses risk to customers, processors, or DjetPay.
• Indemnity. Without limiting the Indemnification section, you will defend, indemnify, and hold harmless DjetPay Inc. from claims or losses arising out of your fee pass-through, surcharge, or convenience-fee practices, including any alleged noncompliance with laws or network rules.

7. Refunds and Cancellations

Our refund practices are described in the Refund Policy. Certain fees (including third-party processing fees) may be non-refundable except where required by law.

8. Electronic Signatures

DjetPay may offer electronic signature features. By using e-signature functionality, you consent to do business electronically and agree that electronic signatures are legally binding under the U.S. ESIGN Act and similar laws, as explained in our E-Signature Disclosure.

9. Acceptable Use and Prohibited Activities

You will not, and will not permit others to:

• Use the Service for unlawful, deceptive, abusive, infringing, harassing, or harmful purposes.
• Process payments for prohibited goods or services or engage in high-risk activity without our prior written consent and the processor's approval.
• Reverse engineer, decompile, scrape, or attempt to access the Service or data except as permitted by law.
• Interfere with the Service's integrity, security, or availability.
• Misrepresent your identity, business, or the nature of your transactions.

10. Privacy, Security and Data Processing

Our collection and use of personal data is described in the Privacy Policy and Cookie Notice. We implement administrative, technical, and physical safeguards as described in the Security Statement. You are responsible for your own compliance obligations, including legal bases for processing, notice to and consent from your end users, data retention, and responding to data subject requests.

11. Intellectual Property and Feedback

The Service, including software, designs, text, graphics, logos, and documentation, is owned by DjetPay Inc. or its licensors and is protected by law. No rights are granted except as expressly stated. Feedback you provide may be used by us without restriction or obligation.

12. Beta, Pre-Release and Free Features

We may offer beta or free features on an "AS IS" basis for evaluation and may change or discontinue them at any time. Such features may be less reliable or less documented than generally available features.

13. Availability, Support and Changes

We strive for high availability but do not guarantee uninterrupted Service. We may modify or discontinue features with reasonable notice where required. Support offerings are described in applicable plan materials.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DjetPay Inc. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DjetPay Inc. FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS (US $100) IF NO SUCH PAYMENTS HAVE BEEN MADE.

16. Indemnification

You will defend, indemnify, and hold harmless DjetPay Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your content or activity; (b) your violation of these Terms or applicable law; or (c) your use of third-party services.

17. Suspension and Termination

We may suspend or terminate your access to the Service (in whole or part) immediately for violations of these Terms, risk, or legal compliance. You may cancel at any time as described in the Subscription Agreement. Upon termination, your right to use the Service stops, but sections that by their nature should survive (for example, IP, fees, disclaimers, limitations, indemnity, governing law) will continue.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Subject to any arbitration agreement you and we may enter into in writing, the exclusive venue for disputes will be the state and federal courts located in Dallas County, Texas, and the parties consent to personal jurisdiction there.

Optional: If you adopt binding arbitration and a class-action waiver, include that language here and provide a method to opt out where required by law.

19. Export and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to U.S. embargoes or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export control and sanctions laws.

20. Miscellaneous

• Changes to Terms. We may update these Terms by posting the revised version with an updated effective date. Material changes will be notified as required by law. Your continued use of the Service after changes constitutes acceptance.
• Entire Agreement. These Terms and the Policies are the entire agreement between you and us regarding the Service and supersede prior communications.
• Severability. If any provision is unenforceable, the remainder will remain in effect.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
• Notices. We may provide notices electronically, including via the Service, email, or your account. You are responsible for keeping your contact information current.

21. Contact