Terms of Service
Last updated: January 2025
These Terms of Service govern your use of PayBrain's payment processing services. By using our service, you agree to these terms.
1. Acceptance of Terms
By accessing or using PayBrain's services, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you may not use our services. These terms apply to all users of the service, including merchants, customers, and visitors.
2. Description of Service
PayBrain provides payment processing services including:
- QR code payment generation and processing
- Point-of-sale (POS) terminal functionality
- Payment link creation and management
- Transaction tracking and reporting
- Integration with third-party payment processors
- Mobile and web applications for payment management
3. Account Registration and Eligibility
Eligibility
To use PayBrain, you must:
- Be at least 18 years old
- Have the legal capacity to enter into contracts
- Operate a legitimate business (for merchant accounts)
- Provide accurate and complete information
- Comply with all applicable laws and regulations
Account Security
You are responsible for maintaining the security of your account credentials. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that we believe may be compromised.
4. Acceptable Use Policy
You agree not to use our service for:
- Any illegal, fraudulent, or unauthorized purposes
- Processing payments for prohibited businesses or activities
- Money laundering or terrorist financing
- Adult content, gambling, or other restricted industries
- Circumventing or manipulating our security measures
- Interfering with or disrupting our service
- Violating any applicable laws or regulations
- Impersonating another person or entity
5. Fees and Payment Terms
Transaction Fees
Our standard processing fee is 4.2% + $0.40 per successful transaction. Fees are automatically deducted from each transaction before funds are transferred to your account.
Fee Changes
We reserve the right to modify our fees with 30 days' advance notice. Continued use of our service after fee changes constitutes acceptance of the new fees.
Settlements
Processed payments are typically settled to your bank account within 1-2 business days. Settlement timing may vary based on your bank and other factors.
6. Refunds and Chargebacks
Refunds
You may issue refunds to customers through our platform. Refund processing fees are not refundable. You are responsible for your refund policy and must clearly communicate it to your customers.
Chargebacks
You are responsible for chargebacks and disputes related to your transactions. We may charge additional fees for chargeback processing and may hold funds as necessary to cover potential liabilities.
7. Intellectual Property
PayBrain and its licensors own all intellectual property rights in our service, including trademarks, copyrights, and trade secrets. You may not copy, modify, distribute, or create derivative works based on our service without express written permission.
8. Privacy and Data Protection
Our collection and use of your information is governed by our Privacy Policy. By using our service, you consent to the collection and use of your information as described in our Privacy Policy. You are responsible for obtaining necessary consents from your customers for data processing.
8a. SMS / Text Messaging Consent
PayBrain may send transactional and promotional SMS messages to phone numbers collected through our service (for example, account verification codes, payment receipts, and merchant loyalty program messages where the customer has opted in at the point of sale). Message and data rates may apply. Reply STOP to unsubscribe from promotional messages or HELP for assistance.
No Sharing of Mobile Opt-In Data. No mobile information (including phone numbers, SMS opt-in status, and consent records) collected by PayBrain or by merchants using PayBrain will be shared with third parties or affiliates for marketing or promotional purposes. Mobile opt-in data and consent records are never sold, rented, or transferred to any third party for marketing. This information is shared only with the service providers strictly necessary to deliver the SMS service itself (e.g. our SMS gateway provider) and only for that purpose. All other categories of consent and opt-in described in these Terms or our Privacy Policy exclude text-messaging originator opt-in data and consent; that information will not be shared with any third parties under any circumstance.
9. Service Availability and Modifications
We strive to maintain high service availability but cannot guarantee uninterrupted service. We may modify, suspend, or discontinue any part of our service at any time with reasonable notice. We are not liable for any loss or damage resulting from service interruptions or modifications.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYBRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.
11. Indemnification
You agree to indemnify and hold PayBrain harmless from any claims, damages, losses, or expenses arising from your use of our service, violation of these terms, or infringement of any third-party rights.
12. Termination
Either party may terminate these terms at any time with reasonable notice. We may immediately suspend or terminate your account if you violate these terms. Upon termination, you remain liable for any outstanding obligations.
13. Governing Law and Disputes
These terms are governed by the laws of [Jurisdiction]. Any disputes will be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. You waive any right to a jury trial or to participate in class action lawsuits.
14. Changes to Terms
We may update these terms from time to time. We will provide notice of material changes and give you an opportunity to review the updated terms. Your continued use of our service after changes become effective constitutes acceptance of the revised terms.
15. Contact Information
If you have any questions about these Terms of Service, please contact us: