These Terms and Conditions ("Terms") govern your use of CX Pay's payment processing services, dashboard, APIs, terminals, and mobile applications (collectively, the "Services") provided by CX Pay B.V. ("CX Pay", "we", "us"). By using the Services, you ("Merchant", "you") agree to be bound by these Terms.
By signing up for the Services or by clicking "I accept", you agree to these Terms on behalf of the legal entity you represent. You confirm that you are authorised to bind that entity and that the entity is duly incorporated and in good standing in the jurisdiction where it operates. CX Pay does not provide Services to individuals acting outside the scope of a business activity.
CX Pay provides payment acceptance services including but not limited to:
Specific services available to you depend on your country, acquirer relationship, and the merchant agreement executed with CX Pay or its partner bank.
You must provide accurate, complete, and current information about your business, including incorporation documents, beneficial ownership information, government identification of representatives, and proof of operating activity. We may require additional documentation at any time to comply with applicable anti-money-laundering ("AML"), know-your-customer ("KYC"), and sanctions laws.
You agree that your account will only be used for legitimate business transactions. You will not accept payments for unauthorised, fraudulent, or restricted activities. CX Pay reserves the right to refuse, limit, suspend, or terminate accounts that breach this provision.
Fees applicable to your account are set forth in your merchant agreement or pricing schedule. Card-acquiring fees (MDR) are set by the partner bank or financial institution in your country. CX Pay platform fees, if applicable, are billed monthly. All fees are exclusive of applicable taxes which are your responsibility.
Settled funds, net of fees, refunds, chargebacks, and reserves, will be paid to the bank account you designate. Settlement timing is T+1 or T+2 in most regions, subject to the acquirer's schedule. CX Pay is not responsible for delays caused by the recipient bank or correspondent banking networks.
CX Pay may establish a rolling reserve or holdback on your account where required by the acquirer or where the risk profile of your business warrants. The reserve amount and conditions will be disclosed in your merchant agreement.
You are responsible for all chargebacks, refunds, and disputes arising from transactions processed through the Services. CX Pay provides tools to help prevent and defend against chargebacks but does not guarantee outcomes. Chargeback fees, when applicable, are charged at the rate set forth in your merchant agreement.
Excessive chargeback ratios may result in account suspension, additional reserves, or termination of the merchant agreement under the card networks' monitoring programs (Visa VDMP, Mastercard ECP, etc.).
You may not use the Services for activities that are illegal in any jurisdiction in which you operate, including but not limited to:
The full list of restricted activities is set forth in the Acceptable Use Policy provided at onboarding.
You acknowledge that CX Pay is PCI-DSS Level 1 certified. You agree to maintain compliance with the PCI-DSS standards applicable to your integration level (SAQ-A, SAQ-A EP, or SAQ-D). You will not store cardholder data outside of CX Pay's tokenization vault and will protect all credentials, API keys, and merchant data with appropriate technical and administrative safeguards.
Our handling of personal data is described in our Privacy Policy.
CX Pay retains all right, title, and interest in and to the Services, including all software, APIs, documentation, trademarks, and trade secrets. You receive a limited, non-exclusive, non-transferable license to use the Services solely for the purpose of accepting payments in accordance with these Terms.
The Services are provided "as is" and "as available". To the maximum extent permitted by law, CX Pay disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. CX Pay does not warrant that the Services will be uninterrupted, error-free, or completely secure.
To the maximum extent permitted by law, CX Pay's aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to CX Pay during the twelve (12) months preceding the event giving rise to the claim. CX Pay shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of revenue, profits, or business opportunities.
These Terms remain in effect for as long as you maintain a merchant account with CX Pay. Either party may terminate the relationship for material breach upon written notice. CX Pay may terminate or suspend your account immediately if required by law, the card networks, the acquirer, or if your activity poses an unacceptable risk. Upon termination, certain provisions survive, including those relating to liability, data retention, and indemnification.
These Terms are governed by the laws of Curaçao, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Curaçao, unless mandatory local law in your country of operation provides otherwise.
This document is a CX Pay v2 placeholder pending legal review. Final wording will be confirmed by CX Pay's legal counsel and the relevant partner banks before publication.