Terms of Service

1. Acceptance

By submitting a merchant application, accessing the AsherPay dashboard, or processing any transaction through AsherPay, you (“Merchant,” “you”) agree to these Terms of Service together with any merchant agreement, addenda, and acquiring bank terms incorporated by reference (collectively, the “Agreement”).

2. Eligibility

• You are at least 18 years old and legally authorized to bind the entity applying for the account.
• The business is duly organized and in good standing in its jurisdiction.
• You will not use the services for any prohibited industry, illegal activity, or activity that violates card brand rules.
• All information you provide is accurate, current, and complete, and you will keep it updated.

3. Underwriting and approval

All accounts are subject to underwriting review by AsherPay and our sponsoring bank. Approval is not guaranteed and may be conditioned on additional documentation, reserves, volume limits, or other terms. We may decline or terminate any application or account at our discretion, subject to applicable law.

4. Fees and payouts

• Pricing is provided in your merchant agreement and may include discount rates, transaction fees, monthly fees, chargeback fees, and pass-through interchange and assessments.
• Standard payout cycles are disclosed in your merchant agreement. Payouts may be delayed or held for risk, dispute, or compliance review.
• Fees are subject to change with reasonable notice. Card brand pass-throughs may change without notice as set by the networks.

5. Reserves and holds

We may require a rolling, fixed, or capped reserve to cover potential chargebacks, refunds, fraud, or unsettled fees. Reserves are released according to the terms in your merchant agreement and may be adjusted based on processing history and risk profile.

6. Chargebacks and disputes

• You are responsible for all chargebacks, refunds, and associated fees on transactions you submit.
• You agree to provide compelling evidence to defend disputes within the timeframes set by the card networks.
• Excessive chargebacks may trigger card brand monitoring programs (e.g., VAMP/VDMP, MATCH listing). You agree to cooperate with any required remediation.

7. Acceptable and prohibited use

You will use AsherPay only for lawful purposes and only for the goods and services disclosed during underwriting. You will not:

• Process transactions for any third party or for goods or services you did not disclose.
• Engage in factoring, transaction laundering, or split-tender to evade limits.
• Process transactions for prohibited industries, including but not limited to: illegal substances, unregulated firearms, child exploitation material, sanctioned counterparties, fraudulent schemes, and any activity prohibited by Visa, Mastercard, Amex, or Discover rules.
• Misrepresent products, services, refund policies, or business identity to consumers.

8. Suspension and termination

We may suspend or terminate the account, hold funds, or initiate a reserve at any time in our reasonable discretion, including for suspected fraud, breach of the Agreement, regulatory or card brand directive, or risk-based concerns. We may withhold settlement of funds for the longer of (a) the chargeback window applicable to processed transactions or (b) the period required by our sponsor bank or card networks.

9. Intellectual property

AsherPay retains all rights to the AsherPay platform, dashboard, APIs, documentation, brand, and related materials. You receive a non-exclusive, revocable license to use them solely as needed to operate your merchant account during the term.

10. Disclaimers

The services are provided “as is” and “as available.” To the maximum extent permitted by law, AsherPay disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation.

11. Limitation of liability

To the maximum extent permitted by law, AsherPay’s aggregate liability arising out of or related to the Agreement will not exceed the fees paid by Merchant to AsherPay during the three (3) months preceding the event giving rise to the claim. AsherPay will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or business interruption.

12. Indemnification

You will indemnify and hold harmless AsherPay, its sponsor banks, and the card networks from any claim, loss, fine, or expense (including reasonable attorneys’ fees) arising from your use of the services, your transactions, breach of the Agreement, violation of card brand rules, or infringement of any third-party right.

13. Governing law and dispute resolution

The Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws principles. Any dispute will be resolved by binding individual arbitration administered by JAMS in accordance with its rules. You waive the right to a jury trial and to participate in a class action, except where prohibited by law.

14. Changes to these Terms

We may revise these Terms from time to time. Material changes will be posted with an updated revision date and, where appropriate, notified by email. Your continued use of the services after the effective date constitutes acceptance.

15. Contact

Questions about these Terms: hello@asherpay.com