Terms of Service

By registering for or using XLY Technology's services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to comply with these Terms and all applicable laws and regulations.

XLY Technology provides payment processing infrastructure including card payment acceptance, payment gateway services, multi-currency processing, and fraud protection tools for online merchants. The specific features available to you depend on your approved merchant account and the plan you have selected.

As a merchant using our services, you agree to: • Provide accurate and complete information during registration and keep it updated. • Use our services only for lawful purposes and in compliance with card network rules (Visa, Mastercard, and others). • Not process transactions for prohibited business types as defined in our Acceptable Use Policy. • Maintain appropriate security measures to protect cardholder data. • Promptly notify us of any suspected fraud, data breach, or security incident. • Comply with all applicable laws, including consumer protection and data privacy regulations.

Fees for our services are set out in your merchant agreement. We reserve the right to modify our fees with reasonable prior notice. You authorise us to deduct applicable fees from your settlement funds. All fees are non-refundable unless otherwise stated. You are responsible for any taxes applicable to your use of our services.

Subject to these Terms and your merchant agreement, we will settle transaction proceeds to your designated bank account on the schedule agreed at onboarding. We reserve the right to withhold or delay settlement if we reasonably suspect fraud, excessive chargebacks, or a breach of these Terms. We may maintain a rolling reserve to cover potential chargebacks and disputes.

You are responsible for all chargebacks, reversals, and associated fees arising from transactions processed through your account. You agree to cooperate fully with chargeback investigations and provide requested documentation promptly. Excessive chargeback rates may result in additional fees, reserve requirements, or termination of your account.

You may not use our services in connection with: illegal goods or services; gambling or lottery services (unless licensed); adult content; weapons or ammunition; counterfeit goods; pyramid schemes or multi-level marketing; or any activity that violates card network rules or applicable law. We reserve the right to terminate accounts engaged in prohibited activities without notice.

All content, trademarks, logos, and intellectual property on our website and within our services are owned by or licensed to XLY Technology. You may not reproduce, distribute, or create derivative works without our express written permission.

To the maximum extent permitted by law, XLY Technology shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use our services. Our total liability for any claim shall not exceed the fees paid by you to us in the three months preceding the claim.

You agree to indemnify, defend, and hold harmless XLY Technology and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of our services, your violation of these Terms, or your violation of any third-party rights.

Either party may terminate the merchant agreement with written notice as specified in your agreement. We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or pose a risk to our network or other merchants. Upon termination, we will settle any outstanding funds owed to you after deducting applicable fees and reserves.

These Terms are governed by the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in El Paso County, Colorado.

We may update these Terms from time to time. We will provide reasonable notice of material changes. Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated Terms.

For questions about these Terms, please contact: XLY Technology 5142 N Academy Blvd, Unit 4328 Colorado Springs, CO 80918 United States Email: [email protected] Phone: +1 (719) 249-2280