Terms of Service

3.1 Eligibility Requirements

To use our Services, you must meet the following requirements:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have legal capacity to enter into binding agreements
• Operate a legitimate business or provide lawful services
• Not be located in a restricted or sanctioned jurisdiction
• Comply with all applicable laws and regulations

3.2 Account Registration

To access our Services, you must create an account by providing:

• Accurate and complete registration information
• Valid business documentation and licenses
• Financial information including bank account details
• Identity verification documents as required
• Any additional information requested during onboarding

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any security breach.

3.4 Account Verification

We reserve the right to verify your identity, business information, and compliance with these Terms at any time. Failure to provide requested verification may result in account suspension or termination.

4.1 Permitted Business Types

• Legitimate retail and e-commerce businesses
• Professional services and consulting
• Digital goods and software sales
• Subscription and membership services
• Event ticketing and booking services
• Non-profit organizations and charities

4.2 Transaction Requirements

• All transactions must be for legitimate goods or services
• You must provide clear descriptions of products or services
• Pricing must be transparent and accurately disclosed
• You must honor refund and return policies
• Customer data must be handled in accordance with privacy laws

4.3 Integration Standards

• Implement our APIs according to documented specifications
• Follow security best practices for handling payment data
• Maintain PCI DSS compliance where applicable
• Use appropriate error handling and user experience practices

5.1 Illegal Activities

• Money laundering or terrorist financing
• Fraud, identity theft, or any deceptive practices
• Sale of illegal goods, drugs, or controlled substances
• Weapons, explosives, or dangerous materials
• Counterfeit goods or intellectual property infringement
• Pyramid schemes or multi-level marketing

5.2 High-Risk Activities

• Online gambling or casino operations (without proper licensing)
• Adult entertainment and explicit content
• Cryptocurrency trading or mining services
• Debt collection or credit repair services
• Payday loans or high-interest lending
• Get-rich-quick schemes or investment advice

5.3 Technical Violations

• Attempting to reverse engineer or compromise our systems
• Using automated tools to abuse our APIs or services
• Creating multiple accounts to circumvent restrictions
• Interfering with other users' access to our Services
• Transmitting viruses, malware, or harmful code

5.4 Financial Violations

• Processing transactions without proper authorization
• Splitting transactions to avoid fees or limits
• Creating artificial transaction volume
• Facilitating transactions for prohibited merchants
• Engaging in excessive chargebacks or dispute abuse

6.1 Fee Structure

Our fees are based on your business type, transaction volume, and selected services:

• Transaction Fees: Percentage-based fees on successful transactions
• Fixed Fees: Per-transaction fees for certain payment methods
• Monthly Fees: Subscription fees for premium features and services
• Setup Fees: One-time fees for account setup and integration
• Additional Service Fees: Fees for optional services and features

6.2 Fee Collection

• Fees are automatically deducted from transaction proceeds
• Monthly fees are charged to your designated payment method
• We may collect fees from your account balance or bank account
• Insufficient funds may result in service suspension

6.3 Settlements and Payouts

• Settlements are made according to your agreed schedule
• We may hold reserves for risk management purposes
• Chargebacks and refunds are deducted from future settlements
• Currency conversion fees apply to international transactions

6.4 Fee Changes

We may modify our fees with 30 days' advance notice. Continued use of our Services after fee changes constitutes acceptance of the new fee structure.

7.1 Chargeback Process

Chargebacks occur when customers dispute transactions through their card issuer:

• We will notify you immediately of any chargebacks
• You have the right to dispute invalid chargebacks
• We will assist in providing evidence and documentation
• Chargeback fees apply regardless of the outcome

7.2 Your Responsibilities

• Provide clear product descriptions and terms of service
• Maintain accurate transaction records and documentation
• Respond promptly to customer service inquiries
• Honor legitimate refund requests
• Implement fraud prevention measures

7.3 Excessive Chargebacks

Excessive chargeback rates (typically above 1%) may result in additional fees, rolling reserves, or account termination. We will work with you to implement preventive measures and improve your chargeback ratio.

8.1 Regulatory Compliance

As a financial services provider, we must comply with various regulations:

• Anti-Money Laundering (AML) regulations
• Know Your Customer (KYC) requirements
• Payment Card Industry Data Security Standard (PCI DSS)
• Bank Secrecy Act (BSA) and USA PATRIOT Act
• International sanctions and embargo requirements

8.2 Identity Verification

• We may request additional documentation at any time
• Beneficial ownership information may be required
• Enhanced due diligence for high-risk businesses
• Ongoing monitoring of account activity

8.3 Reporting Obligations

We may be required to report certain transactions to regulatory authorities, including suspicious activity reports (SARs) and currency transaction reports (CTRs). We will cooperate with law enforcement and regulatory investigations as required by law.

9.1 Our Intellectual Property

All content, features, and functionality of our Services are owned by Sovgate and protected by intellectual property laws:

• Trademarks, service marks, and logos
• Software, code, and technical specifications
• Documentation, guides, and educational content
• Data analysis, algorithms, and methodologies

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms. You may not copy, modify, distribute, sell, or create derivative works without our express written consent.

9.3 Your Content

You retain ownership of content you provide to us but grant us a license to use, modify, and display such content as necessary to provide our Services. You represent that you have all necessary rights to provide such content.

9.4 DMCA Compliance

We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyrighted work has been infringed, please contact our designated agent with the required information.

10.1 Data Processing

• We process data in accordance with applicable privacy laws
• We implement appropriate security measures to protect your data
• We may share data with service providers and regulatory authorities
• You have certain rights regarding your personal data

10.2 Customer Data

You are responsible for obtaining appropriate consents from your customers for data processing. You must comply with applicable privacy laws and provide appropriate privacy notices to your customers.

11.1 Service Availability

While we strive to provide reliable services, we do not guarantee uninterrupted or error-free operation. We may suspend or modify our Services for maintenance, updates, or other operational reasons.

11.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness
• Warranties that our Services will meet your requirements
• Warranties regarding third-party services or integrations

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOVGATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF OUR SERVICES.

11.4 Damage Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU TO SOVGATE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13.1 Termination by You

You may terminate your account at any time by providing 30 days' written notice. You remain liable for all fees and obligations incurred prior to termination.

13.2 Termination by Us

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or our policies
• Your account poses a risk to us or other users
• You engage in prohibited activities
• You fail to pay fees or maintain required reserves
• We are required to do so by law or regulation

13.3 Effect of Termination

• Your right to use our Services will cease immediately
• We will settle outstanding balances subject to any holds or reserves
• You must cease using our intellectual property
• Provisions that should survive termination will remain in effect

13.4 Data Retention

After termination, we may retain your data as required by law or for legitimate business purposes, including compliance, dispute resolution, and fraud prevention.

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware.

14.2 Dispute Resolution

Before initiating any legal proceeding, you agree to first attempt to resolve any dispute through good faith negotiations. If a dispute cannot be resolved within 60 days, either party may pursue the following resolution process:

• Mediation: Non-binding mediation with a mutually agreed mediator
• Arbitration: Binding arbitration under American Arbitration Association rules
• Small Claims Court: For disputes under the jurisdictional limit

14.3 Class Action Waiver

You waive any right to participate in class action lawsuits or class-wide arbitration against Sovgate. All disputes must be resolved on an individual basis.

14.4 Injunctive Relief

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Sovgate and supersede all prior agreements and understandings.

15.2 Amendment

We may modify these Terms at any time by posting the updated version on our website. Material changes will be effective 30 days after posting, and continued use of our Services constitutes acceptance of the modified Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be replaced with an enforceable provision that most closely reflects our intent.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations under these Terms to any third party, including in connection with a merger, acquisition, or sale of assets.

15.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by our authorized representative.

15.6 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond their reasonable control, including natural disasters, war, terrorism, government actions, or network failures.

15.7 Independent Contractors

The relationship between you and Sovgate is that of independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

15.8 Third-Party Rights

These Terms do not confer any rights upon any person or entity other than you and Sovgate, except that our affiliates and service providers may rely on the limitations and protections set forth herein.

15.9 Survival

The following provisions shall survive termination of these Terms: fees and payment obligations, intellectual property rights, indemnification, limitation of liability, governing law, and any other provisions that by their nature should survive.

15.10 Electronic Communications

You consent to receive communications from us electronically, including via email, SMS, or through your account dashboard. Electronic communications satisfy any legal requirement that communications be in writing.

15.11 Language

These Terms are written in English. Any translations are provided for convenience only, and the English version shall prevail in case of any discrepancies.