Terms and Conditions

CreditPool Terms and Conditions

About these Terms 

These terms and conditions (“Terms”) govern access to and use of the Services made available by CreditPool Technologies Limited, a private company limited by Shares, organised and existing under the laws of Dubai International Financial Centre with license number CL9422, whose registered office is at Unit GA-00-SZ-L1-RT-208, Level 1, Gate Avenue – South Zone, Dubai International Financial Centre (“we”, “us” or “our”).

We use some defined terms throughout these Terms that have specific meanings. These are set out under the “Defined Terms” heading below. 

These Terms and are made of three (3) main Parts.

Part A – General Terms:the general terms and conditions applying to use of the Services by both Merchants and Consumers.
Part B – Merchant Terms:the terms and conditions governing use of the Services as a Merchant.
Part C – Consumer Terms:the terms and conditions governing use of the Services as a Consumer.

Defined Terms

The defined terms we use throughout these Terms have the following specific meanings:

“Consumer” means an individual who accesses or uses the Services for personal purposes (not in the course of a business) to make a purchase from a Merchant using the Services, including by splitting a payment across one or more of the Consumer’s payment cards (where available).

“Consumer Terms” means the terms and conditions set out in Part C of these Terms.

“Data Protection Laws” means all applicable laws, regulations, regulatory requirements and binding codes of practice relating to the processing of personal data, privacy, electronic communications, direct marketing and security of personal data, in each case as amended, extended, re-enacted or replaced from time to time, including (where applicable):

  1. the United Arab Emirates Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and its implementing regulations (as amended from time to time), and any other applicable UAE laws and regulations relating to data protection, privacy and electronic communications;
  2. the DIFC Data Protection Law No. 5 of 2020 (as amended from time to time) and any implementing regulations or codes issued thereunder; and
  3. the guidance, codes of practice and decisions of competent supervisory authorities, to the extent they are legally binding on the relevant party.

“General Terms” means the terms and conditions set out in Part A of these Terms which apply to both Consumers and Merchants.

“Guest Checkout” has the meaning given in clause 5.1 of the General Terms.

“Merchant” means a business or other legal entity that enables the Services as a payment option to Consumers for the purchase of its goods and/or services, and that is authorised by us (including under the Merchant Terms) to use the Services as a merchant.

“Merchant Terms” means the terms and conditions set out in Part B of these Terms.

“Privacy Notice” means our privacy notice available at [creditpool.io/privacy].

“PSP” means any third party payment service provider (including any acquirer, payment facilitator, gateway provider or other payment processor) that provides payment processing and related services (such as tokenisation) in connection with the Services.

“Services” means the technology platform and related functionality we make available (including via our website, mobile applications, plug-ins, widgets or APIs) that enables Consumers and Merchants to access and use our payment-splitting features and any related tools, dashboards, support and updates.

“Split Payment” means a single purchase transaction in which the total amount payable is divided into two or more parts and each part is charged to a different payment card (or other payment method we support) in accordance with the Consumer’s instructions via the Services.

“you” or “your” means either the Consumer or Merchant (as applicable) who accesses or uses the Services and accepts these Terms.

When we use the term “including” or where we give examples, that does not mean that the specific items we mention are an exhaustive list or that we only mean those specific items.

  1. General Terms
  1. Using the Services and acceptance
  1. Acceptance of these Terms. By accessing or using the Services, or by clicking to accept these Terms, you agree to be bound by them. If you do not agree, you cannot use the Services.
  1. Authority to bind an entity. If you create or use an account or use the Services on behalf of a business or other entity (including as a Merchant), you confirm that you have authority to bind that entity to these Terms and that you are authorised to act for it in connection with the Services, and “you” or “your” in these Terms shall refer to that entity.
  1. Additional terms. Additional terms apply depending on who you are:
    1. Part B (Merchant Terms) applies to Merchants; and
    2. Part C (Consumer Terms) applies to Consumers.
  1. Conflict of terms. If there is any conflict between the General Terms, the document with higher priority will apply in this order:
    1. the applicable Merchant Terms or Consumer Terms (as relevant); and
    2. these General Terms.
  1. Account creation and access
  1. Account creation. To use the Services, you may be required to create an account with the PSP. To create an account, you must provide the information requested (such as your name and email address) and choose login credentials (such as a password). You must ensure that all information you provide is accurate, complete and kept up to date.
  1. One account per user. You may only create and use one account for your own use. 
  1. Account approval and refusal. We or the PSP may refuse to create an account, or may suspend or terminate an account, where we or the PSP reasonably believe this is necessary for security, fraud prevention, compliance with law, or to protect the Services or other users.
  1. Account security
  1. Keep your credentials secure. You must keep your account login details (including any password and any multi-factor authentication method (if applicable)) confidential and secure. You must not share your credentials with anyone else or allow any other person to access your account.
  1. Your responsibility for account activity. You are responsible for all activity carried out through your account, including any actions taken using your credentials, unless you can show that the activity occurred due to our breach of these Terms or our failure to apply reasonable security measures.
  1. Unauthorised access. You must notify us promptly if you:
    1. suspect that your account or credentials have been lost, stolen, misused or compromised;
    2. become aware of any unauthorised access to or use of your account; or
    3. suspect any security incident affecting the Services.
  1. Security steps. You must take reasonable steps to protect your account and devices, including by:
    1. using a strong password and keeping it confidential;
    2. keeping your device operating system, app or browser up to date; 
    3. enabling any security features we make available (such as multi-factor authentication), where applicable; and
    4. changing your password, re-authenticating, or taking other security steps where required by us.
  1. How Split Payments work
  1. What we do. We provide the user interface and technical functionality that allows:
    1. Consumers to select the payment cards to use and the amount or percentage to charge to each card; and
    2. Merchants to offer the Split Payment feature at checkout and receive transaction status information and reporting (where available).
  1. What we do not do. We are a technology service provider. We do not:
    1. onboard Merchants directly;
    2. provide payment processing, acquiring, issuing, money transmission, e-money, or any other regulated payment or financial service;
    3. receive, hold, safeguard, store, or transfer funds on your behalf; or
    4. guarantee that any payment will be authorised, processed, settled, or completed.
  1. Role of the PSP. Payment processing is performed by the PSP and other payment participants (for example, payment networks and card issuers), who:
    1. onboards the Merchant and allows the Merchant to access the Services;
    2. tokenises and stores card details (where applicable);
    3. processes payment authorisations, capture and settlement; and
    4. apply their own rules, limits, and risk controls, including the ability to decline or reverse transactions.
  1. Split Payment instructions. When a Consumer uses the Services to split a payment, the Consumer submits split instructions (for example, selected cards and split amounts or percentages) through the Services. We communicate those split instructions to the PSP in accordance with the applicable integration.
  1. Limits. Limits and rules may apply to Split Payments (which may vary by Merchant, the PSP, card type, Consumer, or risk controls). Details of these limits may be shown in the Services or at checkout and may change from time to time.
  1. Authorisation and completion. Each part of a Split Payment is subject to authorisation by the relevant card issuer and processing by the PSP. A transaction may be declined or fail for reasons outside our control, including insufficient funds, issuer restrictions, suspected fraud, network issues, Merchant configuration, or PSP outages.
  1. Capture and post-authorisation outcomes. Even where authorisation is obtained, capture and settlement may fail or be reversed due to PSP, network or issuer processes (including risk controls, timeouts, technical errors, or subsequent reversals). Where any authorisation or capture is reversed, voided or refunded, this will be handled by the PSP and relevant payment participants in accordance with their rules and processes. 
  1. If part of a split fails. If one part of a Split Payment fails or is declined, the overall transaction may fail or may require the Consumer to retry, amend the split, choose different cards, or use a different payment method, depending on the Merchant checkout flow and PSP’s processing rules.
  1. Abandoned flows and timeouts. If you leave, close or do not complete the split payment flow (including due to timeout, loss of connectivity or closing your browser/app), the transaction may fail. In such cases, any temporary authorisations may be released or reversed in accordance with PSP and scheme rules. We are not responsible for any transaction failure, order cancellation or resulting losses caused by abandonment or timeout.
  1. Transaction status and records. We may display transaction status information based on data received from the PSP and/or the Merchant. Any transaction status, reporting or dashboard information we make available is provided for convenience only, may be delayed or incomplete, and must not be relied upon as definitive proof of authorisation, capture, settlement or refund. Official records (including receipts and confirmation records) remain those of the Merchant, the PSP, the payment networks and/or the card issuer (as applicable).
  1. Third party terms. Use of the PSP’s services (and the underlying payment networks) may be subject to their independent terms and policies. If there is any conflict between those third party terms and these Terms in relation to payment processing, the relevant third party terms will apply to the extent of the conflict.
  1. Guest checkout
  1. Guest option. We may allow Consumers to use the Services without creating an account (“Guest Checkout”). Guest Checkout may be offered only for certain Merchants, payment methods, currencies, transaction values, jurisdictions, and devices.
  1. Same terms apply. Unless we state otherwise, these Terms apply to Guest Checkout in the same way as they apply to registered users.
  1. No ongoing account relationship. Guest Checkout does not create a continuing account relationship with us. A Guest Checkout Consumer will not have access to account features (including transaction history beyond the information presented at checkout, saved payment methods, or self-service dispute management), except as we expressly make available.
  1. Intellectual property
  1. Our intellectual property. We or our licensors own all intellectual property rights in and to the Services, including the website, software, APIs, SDKs, documentation, content, design, look and feel, trademarks, logos, and any updates or improvements (together, “Our Materials“). Except as expressly stated in these Terms, nothing in these Terms transfers any intellectual property rights to you.
  1. Licence to use the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services and Our Materials during the term of these Terms, solely for your internal purposes (and, if you are a Consumer, for personal use; if you are a Merchant, to enable the Services for use by Consumers). You must not use the Services for any other purpose.
  1. Restrictions. You must not (and must not allow anyone else to):
    1. copy, reproduce, modify, translate, adapt or create derivative works of the Services or Our Materials (except to the extent permitted by law);
    2. reverse engineer, decompile or attempt to discover the source code in any of Our Materials;
    3. access or use the Services to build a competing product or service;
    4. remove, obscure or alter any proprietary notices in the Services or Our Materials; or
    5. scrape, data-mine, or extract data from any of Our Materials except as permitted by these Terms or by us in writing.
  1. PSP intellectual property. All intellectual property rights in the PSP’s APIs, technology, documentation, and proprietary materials remain with the PSP (or its licensors). Except as expressly permitted to enable your use of the Services, no rights are granted to you in or to the PSP’s intellectual property.
  1. Feedback. If you provide suggestions, ideas or feedback about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify and incorporate that feedback into the Services without restriction or compensation.
  1. Open source and third party materials. The Services may include third party software or open-source components that are subject to separate independent licence terms. Those terms will apply to the extent required.
  1. Reservation of rights. All rights not expressly granted under these Terms are reserved by us and our licensors.
  1. Suspension, restriction and termination
  1. Our right to suspend or restrict. We may suspend, restrict or disable your access to the Services (in whole or in part), or impose conditions on your use of the Services, where we reasonably believe that:
    1. you have breached these Terms (including any applicable Merchant Terms or Consumer Terms);
    2. you are using (or someone is using) the Services in a fraudulent, unauthorised or unlawful way;
    3. your account, credentials, devices or activity present a security risk;
    4. we need to do so to protect you, us, other users, a Merchant, a Consumer, the PSP or the Services, including to prevent fraud, misuse, or harm;
    5. we are required to do so by law, regulation, a court order or a competent authority;
    6. you have provided inaccurate, incomplete or misleading information; or
    7. the Services (or any part of them) are unavailable due to maintenance, outages, or circumstances outside our reasonable control.
  1. Notice of suspension. Where reasonably practicable, we will give you notice of a suspension or restriction and, where appropriate, the reason. We may act immediately and without notice where we reasonably believe this is necessary for security, fraud prevention, or legal or regulatory compliance.
  1. Our right to terminate. We may terminate these Terms (and/or close or disable your account) by giving you thirty (30) days’ written notice. We may terminate immediately without notice where we reasonably believe that:
    1. you have committed a material breach of these Terms;
    2. your use of the Services involves fraud, illegal activity, or creates a material security risk; 
    3. the PSP (or another payment partner we rely on) requires us to suspend or terminate your access in connection with the Services, including to comply with the PSP’s rules, risk controls or scheme requirements; or
    4. we are required to do so by law, regulation, or a competent authority.

Where reasonably practicable, we will notify you of the reason for termination.

  1. Service changes and discontinuation. We may change, modify, withdraw or discontinue the Services (in whole or in part), or introduce new features or limits. Where reasonably practicable, we will give you notice of any material change or discontinuation. If we discontinue the Services (or any material part of them), these Terms will end automatically to the extent they relate to the discontinued Services. We may also temporarily suspend the Services for maintenance, upgrades, security or operational reasons.
  1. Effect of suspension or termination. On suspension or termination:
    1. your right to access and use the Services will stop or be limited;
    2. you must not attempt to access the Services using alternative accounts or methods;
    3. any pending or in-progress transactions may be cancelled or may fail; 
    4. we may retain and use data as described in our Privacy Notice and as required for legal, compliance, fraud prevention, dispute handling or audit purposes; and
    5. if you are a Merchant:
      1. your access to merchant dashboards, API keys and other credentials may be disabled; and
      2. you must stop offering the Services and immediately remove related checkout elements; and
    6. If you are a Consumer and your account is closed:
      1. your access to account-only features (such as transaction history and linked-card management) will stop; and
      2. any linked-card tokens associated with your account may be deleted or deactivated, subject to clause 8.3.
  1. Data protection and privacy
  1. Privacy Notice. Our Privacy Notice explains how we collect, use, share and protect personal data in connection with the Services. You should read it alongside these Terms. To the extent permitted by law, the Privacy Notice is incorporated into these Terms by reference.
  1. Our role and the role of the PSP and Merchant. The Services involve data sharing between multiple parties. Depending on the transaction flow and your user type:
    1. we may process personal data as a controller (for example, to operate the Services, manage accounts, provide support, prevent fraud, and meet legal obligations);
    2. the PSP will process personal data either as a separate controller or processor (as applicable) for payment processing and tokenisation; and
    3. Merchants will process personal data as a separate controller for order fulfilment, customer service, refunds and returns.

Where required, Merchants may also act as a controller for any consumer data they receive via the Services.

  1. Retention. We may retain certain information (including transaction records and security logs) where required or permitted for legal, regulatory, audit, fraud prevention, dispute handling or enforcement purposes, as described in our Privacy Notice.
  1. Security. We maintain appropriate technical and organisational measures designed to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage. No system is completely secure, and we do not guarantee absolute security.
  1. Disclaimers
  1. Service availability. The Services are provided on an “as available” basis. We may update, suspend or change the Services as described in these Terms. Nothing in this clause limits our obligation to provide the Services with reasonable care and skill where required by applicable law, or any non-excludable consumer rights.
  1. Liability to you
  1. Liability that cannot be excluded. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for:
    1. death or personal injury caused by negligence;
    2. fraud or fraudulent misrepresentation; and
    3. any other liability that cannot be excluded under applicable law.
  1. Third party services and Merchant goods and services. The Services rely on third parties (including the PSP, payment networks and card issuers) and, where relevant, the Merchants’ checkout and fulfilment systems. To the maximum extent permitted by law, we are not responsible for the acts or omissions of the PSP, card issuers or payment networks, including declines, outages, delays, reversals, chargebacks, or fulfilment issues, except to the extent caused by our breach of these Terms or our failure to exercise reasonable care and skill in providing the Services. Nothing in this clause affects any rights a Consumer may have against a Merchant in relation to goods or services supplied by the Merchant.
  1. General exclusion of indirect loss. Subject to clause 10.1, we are not liable for any indirect or consequential loss. 
  1. Changes to these Terms
  1. We may update these Terms. We may change these Terms from time to time, for example to reflect changes to the Services, our business, legal or regulatory requirements, or security and risk controls.
  1. Notice of changes. If we make a material change, we will give you at least thirty (30) days’ notice before the change takes effect. We may give notice by email, via our mobile application, on your Services dashboard (if available), or by posting an updated version on our website with an updated “last updated” date.
  1. Immediate changes. We may make changes with immediate effect (and without advance notice) where this is necessary to:
    1. comply with law, regulation, or a requirement of a competent authority;
    2. address a security issue, fraud risk, or technical vulnerability; or
    3. prevent misuse of the Services.

Where reasonably practicable, we will notify you of such changes.

  1. Your options if you do not agree. If you do not agree to a change, you should stop using or disable your access to the Services and close your account (if applicable) before the change takes effect. If you continue to use the Services after the change takes effect, you will be treated as having accepted the updated Terms.
  1. How to contact us
  1. Contact details and communications. If you need to contact us (or we need to contact you) about anything relating to the Services or these Terms, you can email us at [support@creditpool.io]. We may contact you by email, or the dashboard made available by the PSP (and we may also contact you through other contact methods you provide). You authorise us to use the contact details you provide (including your email address) to send you service-related notices, documents and other information about your use of the Services. 
  1. Monitoring and record-keeping. We may monitor, record and retain our communications with you (including emails, messages and calls, where applicable) for quality assurance, training, fraud prevention, dispute handling, and compliance purposes. We will retain such records in accordance with applicable law and our internal retention policies.
  1. Miscellaneous
  1. Assignment. We may assign, transfer or otherwise deal with our rights and obligations under these Terms to another entity (for example, as part of a reorganisation, merger, acquisition or sale of assets). Where you are a Consumer, we will ensure this does not reduce your rights under these Terms. You must not assign, transfer, subcontract or otherwise deal with any of your rights or obligations under these Terms without our prior written consent.
  1. Subcontracting. We may subcontract or use affiliates and third parties to perform our obligations under these Terms. We remain responsible for our performance of the Services, subject to these Terms.
  1. Third party rights. A person who is not a party to these Terms has no right to enforce any term of these Terms, except that this does not affect any rights a third party may have under applicable law.
  1. Severability. If any provision of these Terms is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it enforceable. If that is not possible, it will be severed and the remaining provisions will continue in full force.
  1. No waiver. If we do not enforce a provision of these Terms, that does not mean we waive our right to do so later. Any waiver must be in writing and signed by us.
  1. Relationship between the parties. Nothing in these Terms creates a partnership, joint venture, employment, fiduciary, trustee, representative or agency relationship between you and us. You have no authority to act on our behalf or bind us in any way. If you are a Merchant, each party acts as an independent contractor.
  1. Force majeure. We will not be liable for any failure or delay in performing our obligations to the extent caused by events beyond our reasonable control (including outages of third party networks, PSP outages, failures of telecommunications or the internet, cyberattacks, strikes, governmental actions, or natural disasters). We will take reasonable steps to mitigate the effect of the event.
  1. Survival. Any terms that by their nature are intended to survive termination will survive, including clauses relating to fees (if applicable), taxes, intellectual property, data retention, indemnities, liability, dispute resolution and governing law.
  1. Governing law and jurisdiction. These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of the Dubai International Financial Centre (“DIFC”). If you are a Consumer, you may be able bring proceedings in the DIFC courts or in the courts of the country where you live (if you live outside the UAE and mandatory local rules require). If you are a Merchant, the DIFC courts will have exclusive jurisdiction.
  1. Merchant Terms
  1. Merchant onboarding and activation
  1. Eligibility and authority. You confirm that you are a business or other legal entity and that you have authority to enter into these Terms and to offer your goods or services to Consumers.
  1. PSP onboarding. Your access to and use of the Services is enabled through the PSP’s onboarding and configuration processes (including the PSP’s dashboard or portal) and is subject to your agreement with the PSP.
  1. Commercial terms. Fees, settlement arrangements, availability, limits, features, and any service-specific parameters applicable to your use of the Services are set out in, or made available through, the PSP’s merchant agreement and/or the PSP’s onboarding and dashboard flows, and are accepted by you through those flows.
  1. Approval. Your access to the merchant features of the Services may be subject to our approval. We may refuse, suspend, or withdraw approval where we reasonably believe it is necessary for compliance, fraud prevention, risk management, or to protect the Services.
  1. Onboarding information. You must provide accurate and complete onboarding information (including business details, authorised contacts, and technical information). 
  1. Merchant account administrators. You are responsible for managing and controlling access to the Services for your employees or contractors. You will be liable for the acts, errors or  omissions of your employees and contractors. 
  1. Integration and technical requirements
  1. Integration methods. We may provide the Services via checkout components, SDKs, APIs, plugins, or other integration methods. You must comply with onboarding and operational requirements we reasonably specify (including those required by the PSP). Where required for activation, you must provide your unique PSP credentials (or other PSP-required configuration details) in the manner we specify. You are responsible for maintaining the confidentiality and security of such credentials and must not share them except with authorised personnel.
  1. Testing and go-live. You must complete any testing, certification, validation or acceptance steps that we and/or the PSP reasonably require (and any steps required under applicable card scheme rules) before going live. We may require you to make changes to your implementation (including to your checkout flows, integration configuration, or security controls) if we reasonably believe it creates security, fraud, user experience, operational, or compliance risks, or if required by the PSP or applicable scheme rules.
  1. Compatibility and changes. You are responsible for ensuring your systems remain compatible with the Services. We may update the Services or integration requirements and you must promptly implement updates, configuration changes, or integration changes we reasonably require (including PSP-driven changes) to maintain compatibility, security, compliance, and continuity of the Services.
  1. Merchant obligations to Consumers
  1. Checkout presentation. You must:
    1. present the Split Payment option in a clear, accurate and not misleading way, and in accordance with any branding and implementation guidelines we provide;
    2. clearly disclose any limitations or conditions that apply (for example, minimum/maximum transaction values, card limits, or any excluded goods or services), where those are shown to you in the integration documentation or Merchant dashboard;
    3. not present the payments being processed by us (unless we expressly approve the wording); or
    4. not suggest we are the merchant, seller, or merchant of record.
  1. Pricing transparency. You must:
    1. display clearly (before the Consumer confirms payment) the total amount payable and any components of that amount, including taxes, delivery charges, service fees, tips and any other charges;
    2. ensure the amount submitted for payment matches the amount presented to the Consumer at the point of confirmation (including any discounts, gift cards, credits or promotions); and
    3. provide Consumers with an order confirmation and/or receipt that meets applicable legal requirements and includes appropriate contact details and customer service information.
  1. Customer service. You:
    1. are responsible for all customer service relating to your goods or services, including fulfilment, delivery, cancellations, returns, complaints and after-sales support;
    2. must not require Consumers to contact us to request or obtain a refund; and
    3. must provide a clear complaints channel and cooperate with us and the PSP where we reasonably request information relating to a complaint or dispute.
  1. Permitted use and restrictions
  1. Permitted use. You may use the Services and any PSP-related integration components only:
    1. for legitimate transactions relating to your goods/services offered to customers; and
    2. in accordance with these Terms, our documentation, and any PSP requirements we notify to you.
  1. No sharing, sublicensing or transfer. You must not:
    1. share, sublicense, lease, sell, resell, distribute, or otherwise make available the PSP APIs, PSP technology, or any integration credentials to any third party;
    2. assign or transfer any rights or obligations relating to the PSP integration, APIs, or credentials (except as expressly permitted in writing by us and, where required, the PSP); or
    3. use the PSP integration for the benefit of any third party (including processing payments for third parties) unless expressly authorised by us (and the PSP where required).
  1. Prohibited activity. You must not use the Services:
    1. for illegal activities, fraud, money laundering, or deceptive practices;
    2. to sell prohibited or restricted goods or services (as notified by us or required by the PSP);
    3. to process transactions that are not genuine purchases by Consumers; or
    4. in a way that circumvents controls, limits, or risk rules.
  1. Monitoring. We may monitor usage patterns and request information reasonably necessary to investigate suspected fraud, misuse, or non-compliance.
  1. Payment processing and the PSP terms
  1. Separate PSP terms. You acknowledge that the PSP may require you to accept and comply with its own terms, onboarding, rules and policies. If the PSP declines to support you, you may not be able to use the Services (or some features).
  1. Settlement and outcomes. Settlement timing, deductions and transaction outcomes are determined by the PSP or acquirer and applicable scheme rules. Transactions may be declined, reversed, delayed or blocked due to PSP, issuer or network risk controls, outages, suspected fraud, or your checkout configuration.
  1. Merchant intellectual property
  1. Your materials. You retain ownership of any intellectual property rights in materials you provide to us (for example, your name, trademarks and logos) (“Your Materials“). You grant us a worldwide, non-exclusive, royalty-free licence to use Your Materials during the term of these Terms solely to:
    1. provide and operate the Services (including enabling checkout and transaction descriptors);
    2. display your branding in the Services in connection with your use (where applicable); and
    3. identify you as a merchant using the Services (for example, on our website or in marketing materials), unless you opt out by written notice.
  1. Fees, billing, and taxes
  1. Fees. We do not directly charge you any service fees for use of the Services. Fees may be charged directly or indirectly by the PSP, acquirer, payment network or other third parties, which are governed by your agreement(s) with them and may be deducted from settlement amounts.
  1. Collection via the PSP. You acknowledge that the PSP will:
    1. charge the Consumer’s card(s) in accordance with the Split Payment instructions;
    2. receive and hold funds in accordance with the PSP’s processes;
    3. deduct the their fees from the amount it would otherwise settle to you; and
    4. settle the balance to you and may pay a fee or commission to us.
  1. Refunds and chargebacks. Refunds, reversals and chargebacks may result in settlement adjustments and related fees under the agreement you have with the PSP and applicable card scheme rules. 
  1. Merchant taxes. You are responsible for determining, collecting, reporting and paying any taxes that apply to your sales and your business (including VAT or sales taxes and any related filings and records).
  1. Refunds, reversals, and chargebacks
  1. Your responsibility. You are responsible for refunds, returns, cancellations, and disputes relating to your goods or services, and for complying with applicable consumer laws and card scheme or PSP rules.
  1. Split payments. Where a Consumer pays using multiple cards, you acknowledge that refunds may need to be processed across one or more of the original payment methods and/or in parts, depending on PSP and card scheme rules.
  1. Chargebacks. You are responsible for chargebacks and dispute management under the PSP and card scheme rules, including providing evidence and responding within required timeframes.
  1. Assistance. We may provide reporting or tooling to help reconcile refunds/chargebacks, but we do not control card scheme outcomes.
  1. Representations and warranties
  1. Warranty disclaimer. Except as expressly stated in these Terms, the Services are provided on an “as is” basis. To the maximum extent permitted by law, we disclaim all warranties, conditions and other terms, whether express, implied or statutory, including any implied warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
  1. Your representations and warranties. You represent and warrant that:
    1. you are duly organised and validly existing and have authority to enter into these Terms;
    2. your business and use of the Services complies with applicable law (including consumer, advertising, e-commerce, sanctions, anti-money laundering, counter-terrorism financing, and Data Protection Laws);
    3. you will not sell prohibited or restricted goods or services through the Services;
    4. information you provide to us and the PSP is accurate and not misleading; and
    5. you will maintain appropriate security measures for your systems and access credentials.
  1. Fee and service representations and documentation integrity. You represent and warrant that you will not (and must ensure your personnel will not):
    1. not quote, promise, market, or represent fees, charges, settlement terms, service levels, or processing outcomes beyond those expressly approved by us (and the PSP where applicable); 
    2. make any statement that could reasonably be interpreted as binding us or the PSP unless expressly authorised by us or the PSP (as applicable) in writing;
    3. fabricate, delete, conceal, or materially alter information, records, or documents relevant to your onboarding, transactions, refunds, disputes, or compliance;
    4. submit false or misleading information to us, the PSP, customers, regulators, or card schemes; or
    5. sign documents on behalf of another person or entity without proper authority.
  1. Data protection, security and customer consent
  1. Controller roles. You acknowledge that you and we may each act as separate controllers for personal data we process for our own purposes, and that the PSP acts as a separate controller or processor (as applicable) for payment processing.
  1. Processor scenario. If we process personal data on your behalf as a processor for any specific feature, the applicable data processing terms in these Terms (or a separate DPA) will apply.
  1. Data protection compliance and lawful processing. You must:
    1. comply with Data Protection Laws in connection with your use of the Services;
    2. ensure you have all necessary rights and notices to share data with us and the PSP for operating the Services (including transaction, customer service data and any other applicable Consumer data); and 
    3. process personal data only for the purposes you have disclosed to your customers and only within the scope of the customer’s valid consent and/or another lawful basis available to you under the applicable Data Protection Laws. 
  1. Required disclosures and customer consent. You must provide your customers with clear and accurate notices explaining:
    1. that their personal data will be used in connection with the Services (including sharing with us and the PSP for payment processing and related purposes); and
    2. the purposes for which that data will be used.

Where required by Data Protection Laws, you must obtain explicit consent from customers before using their data for the Services and you must maintain records evidencing such consent.

  1. Security obligations. You must implement and maintain appropriate technical and organisational measures to protect your systems and any personal data processed in connection with the Services against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. Without limitation, you must:
    1. comply with any security requirements we reasonably notify to you from time to time (including requirements imposed by the PSP or applicable law);
    2. maintain up-to-date anti-malware and vulnerability scanning tools and apply security patches in a timely manner;
    3. not introduce, transmit, or make available any malicious code, viruses, worms, trojans or similar into the Services, PSP systems, or any interfaces or APIs; and
    4. promptly remediate any vulnerabilities that may affect the Services or the PSP integration.
  1. Security incident and breach notification. You must notify us and the PSP promptly and in any event within forty-eight (48) hours of becoming aware of:
    1. any actual or suspected security breach, unauthorised access, or incident affecting your systems that could impact the Services, PSP systems, customer data, or any APIs/integration; or
    2. any compromise or suspected compromise of API keys, credentials, tokens, certificates, or other access mechanisms.

Your notice must include all information reasonably available at the time (including nature of incident, affected systems and data, likely impact, mitigation steps taken, and proposed remediation), and you must cooperate with us and the PSP in investigation, containment, remediation, and communications required by law or the PSP.

  1. Indemnity and limitation of liability
  1. Merchant indemnity. You will indemnify us (and our affiliates, directors, officers, employees and agents) against losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:
    1. your breach of these Terms or applicable law;
    2. any claim by a Consumer or regulator relating to your goods and/or services, marketing, fulfilment, returns or refunds, or customer service;
    3. chargebacks, disputes, fines, penalties, or assessments imposed due to your acts or omissions or your goods or services;
    4. any security incident, malware, unauthorised access, or compromise of credentials attributable to your systems or personnel;
    5. any misrepresentation or unauthorised statement made by you regarding fees, settlement, or the Services;
    6. your misuse of the Services or circumvention of controls; and
    7. any third party intellectual property infringement claim arising from materials you provide to us (for example, branding assets, including Your Materials), except where caused by our modification.
  1. Our exclusion of indirect losses. Subject to clause 10.1 of the General Terms, we will not be liable to you for:
    1. loss of profits, revenue, business, goodwill, reputation, anticipated savings or opportunity (whether direct, indirect or consequential);
    2. loss of data (whether direct, indirect or consequential, except to the extent caused by our failure to apply reasonable security measures);
    3. business interruption (whether direct, indirect or consequential); or
    4. any other indirect or consequential loss,

in each case arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence) or otherwise.

  1. Our liability to you. Subject to clause 10.1 of the General Terms, our total aggregate liability to you arising out of or in connection with these Terms or the Services will not exceed [AED 1000 (one thousand UAE Dirhams) in aggregate].
  1. Risk for payment outcomes. Without limiting clauses 11.2 and 11.3, we are not liable for:
    1. transactions declined or reversed by a PSP, payment network or issuer;
    2. settlement timing or settlement failures (which are the PSP’s and/or acquirer’s responsibility);
    3. your checkout configuration, product data, fulfilment, refunds, returns, customer service, or compliance with applicable law; or
    4. chargebacks or disputes, except to the extent directly caused by our breach of these Terms.
  1. Term and termination
  1. Term. These Terms start when you accept them and continue for any period you use the Services, unless terminated earlier in accordance with these Terms. 
  1. Mutual termination rights. Either party may terminate these Terms immediately with written notice if:
    1. the other party becomes insolvent;
    2. the other party enters into liquidation, administration, receivership, or any analogous process;
    3. the other party proposes or enters into any arrangement with creditors or suspend payments; or
    4. any steps are taken to appoint an administrator, receiver, administrative receiver, liquidator or similar officer over the other party or any material part of its assets.
  1. Termination by us. We may terminate these Terms immediately without notice if:
    1. you fail to comply with any requirement, instruction, or risk control imposed by the PSP (or other payment partners we rely on);
    2. we reasonably believe that your acts or omissions (or those of your officers, employees or agents) have caused or are likely to cause material harm to our reputation, the Services, or our relationship with the PSP, including where:
      1. you are subject to sanctions or are dealing with sanctioned persons;
      2. you are the subject of credible allegations or findings of fraud, dishonesty, illegal activity, or serious misconduct; or
      3. your use of the Services is associated with prohibited or restricted goods or services (as notified by us or the PSP).
  1. Termination by you. You may terminate your use of the Services and these Terms by requesting the PSP to disable your access.
  1. Audit and compliance cooperation
  1. Information requests. You must, upon our reasonable request (and/or upon PSP request where applicable), promptly provide evidence of your compliance with these Terms, including:
    1. security controls and policies;
    2. vulnerability scanning and patching processes;
    3. incident response procedures and incident reports (as applicable);
    4. customer notices and consent capture records (where required); and
    5. transaction, refund, dispute, and customer communication records.
  1. Audit support. You will cooperate with reasonable audits, assessments, or compliance checks relating to the Services and PSP integration, including providing information and access to personnel as reasonably required. Any audit will be conducted in a manner intended to minimise disruption and subject to appropriate confidentiality and security requirements.
  1. Records. During the term of these Terms, you will maintain appropriate records relating to transactions, refunds, and customer communications for at least the minimum period required by applicable law and any applicable PSP and/or card scheme rules.
  1. Entire agreement
  1. All the provisions of these Terms including any other documents or information referred to herein constitute the entirety of these Terms agreed between you and us with respect to its subject matter and supersede and cancel all prior representations, negotiations, undertakings, oral or written communications, acceptances, understandings and agreements between the parties with respect to the provisions to which these Terms apply or which it provides.
  1. Consumer Terms
  1. Eligibility
  1. Minimum age. You must be at least eighteen (18) years old (or the age of legal majority where you live, if higher) to use the Services.
  1. Location of the Services. The Services are intended for use only by individuals who are located in, and use our Services from, jurisdictions where the Services are lawful. We may restrict access in certain countries or regions.
  1. Personal use only. Your access to the Services is for personal, non-business use. If you are using the Services in the course of a business (for example, to accept payments), you must use the Services as a Merchant and the Merchant Terms apply. 
  1. Fees
  1. No consumer fees. We do not charge you as a Consumer a fee for using the Services. 
  1. Taxes in purchase price. Any taxes (such as VAT or sales taxes) that apply to a purchase are set by the Merchant and should be included in (or otherwise clearly shown as part of) the total price presented to you at checkout.
  1. Merchant responsibility for taxes. The Merchant is responsible for determining and applying any taxes that relate to the goods or services you purchase and for issuing any receipts or invoices. We do not calculate or charge taxes on the Merchant’s behalf.
  1. Card issuer fees. Your card issuer or bank may charge you fees in connection with a transaction (for example, foreign exchange fees, interest, overdraft fees or other card or account charges). Those fees are separate from the purchase price and are your responsibility.
  1. Our liability to you 
  1. Our responsibility to consumers. We are responsible to you for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill in providing the Services.
  1. We are not responsible for loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious it would happen or if, at the time you accepted these Terms, both you and we knew it might happen.
  1. What we are not responsible for. We are not responsible for:
    1. goods or services supplied by a Merchant (including fulfilment, quality, delivery, returns or refunds);
    2. a card issuer declining a transaction, or issues with your card account (such as insufficient funds or credit, issuer restrictions, or suspected fraud decisions);
    3. failures caused by the PSP, payment networks, or the Merchant’s systems,

unless and only to the extent that the loss was caused by our breach of these Terms or our failure to use reasonable care and skill.

  1. Business-related losses. If you use the Services for business purposes, we will not be liable for business-related losses (such as loss of profit, business, revenue, or business interruption).
  1. Consumer rights preserved. Nothing in these Terms affects your legal rights as a consumer.
  1. You may checkout as a guest
  1. Information accuracy. You must provide accurate and complete information (including name, email/phone, billing/shipping address where required). If the information is inaccurate or incomplete, the transaction may be declined and support may be limited.
  1. Electronic communications. You agree that we, the Merchant, PSP, and/or our service providers may send transactional communications (for example, receipts, authentication messages, service messages, refund notifications) electronically to the email address or phone number provided.
  1. Proof of transaction. You are responsible for retaining your receipt, reference number, and any authentication records. We may require these details to provide support.
  1. Limited tooling. Because Guest Checkout has no account, we may not be able to provide certain account-based services (for example, viewing all past transactions, changing preferences, or accessing a dashboard).
  1. Required details. Support in connection with Guest Checkout may require you to provide the transaction reference, amount, date, time, last four (4) digits of the payment method (where available), and the email and/or phone used at checkout.
  1. Adding payment cards 
  1. Linking payment cards. To use the Services, you may link one or more eligible debit and/or credit cards. When you add a card, your card details are collected and processed by the PSP using tokenisation. This means the PSP converts your card details into a token. We do not store your full card number (PAN). We store and use a token reference and, where available, limited card metadata (such as card brand and last four digits) to help you identify your linked cards.
  1. Basic validation only. We may perform basic validation of Split Payment instructions (for example, checking that the split totals match the amount requested and that linked card tokens are available), but we do not check card balances or credit limits, assess affordability, provide financial advice, or guarantee issuer approval or payment completion.
  1. Consent to token storage and use. By linking a card, you authorise us and the PSP to:
    1. create and store a token linked to that card; and
    2. use that token to process your instructions (including Split Payment instructions) when you use the Services.
  1. Your responsibilities for cards. You must ensure that any card you link with your account:
    1. belongs to you or you are authorised to use it;
    2. is valid and not expired; and
    3. has sufficient available funds or credit for the transactions you authorise.
  1. Updating or removing cards. You can remove a linked card in your account settings. If a linked card expires, is replaced or is cancelled, you are responsible for updating or removing it.
  1. Unauthorised use and fraudulent cards. You must not link or use any payment card without the cardholder’s permission, or use the Services for fraud or unlawful activity. If you believe a card has been linked without your authorisation, or your account or device has been compromised, you must notify us promptly and contact your card issuer promptly and follow their instructions. We may remove cards, block transactions, or suspend your access to the Services where we reasonably suspect fraud, unauthorised access or misuse.
  1. Refunds, chargebacks and disputes
  1. Refunds. If you want a refund for a purchase, you should contact the Merchant and follow the Merchant’s refund and returns policy.
  1. Split refunds. Where a purchase was paid using multiple cards, refunds may be:
    1. processed back to one or more of the cards used; and/or
    2. processed in instalments or parts,

in each case depending on the Merchant’s processes and the PSP or card scheme rules.

  1. Chargebacks and disputes. If you want to raise a dispute or chargeback, you should contact your card issuer and follow their dispute process. The PSP and card scheme rules will apply.
  1. Our role. We may provide information to help you identify transactions and support discussions with the Merchant or your card issuer. We do not decide outcomes of refunds, chargebacks or disputes with regards to the goods and/or services you’ve purchased from a Merchant.
  1. Account closure and consumer data rights
  1. Closing your account. You may stop using the Services at any time. If you have an account, you may request to close it in accordance with any in-product settings or by contacting us. The effects of account closure are set out in clause 7.5 of the General Terms, and closure may be subject to any ongoing transactions, disputes, refunds or chargebacks.
  1. Data protection rights. You may have rights under applicable Data Protection Laws (including rights of access, correction, deletion, portability and objection). Details of how to exercise your rights are set out in our Privacy Notice.