Legal

Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the Polygon Payments LLC website at polygonpayments.com (the "Site") and any referral, introduction, or related services we provide (the "Services"). By accessing the Site or engaging our Services, you agree to these Terms. If you do not agree, do not use the Site or the Services.

1. Who we are

Polygon Payments LLC ("Polygon Payments," "we," "us," or "our") is a U.S. limited liability company operating as a Payment Solutions Provider and referral partner in the merchant services industry. We introduce merchants to registered, licensed payment processors and acquiring banks ("Processor Partners") and are a partner of Currencies Direct for international money transfers. We are not a bank, payment processor, payment facilitator (PayFac), acquirer, money transmitter, money services business, or registered investment adviser.

2. Nature of the Services

Our Services consist of (a) evaluating a merchant's processing needs, (b) introducing the merchant to one or more Processor Partners, (c) presenting written summaries of pricing and contract terms offered by those Processor Partners, and (d) providing ongoing relationship support after a merchant signs with a Processor Partner.

All payment processing, settlement, underwriting, KYC, OFAC screening, MATCH list checks, BSA/AML obligations, chargeback handling, and merchant account servicing are performed by the Processor Partner and its sponsor bank pursuant to a separate merchant processing agreement directly between the merchant and the Processor Partner. Polygon Payments is not a party to that agreement and does not control its terms.

3. No fund handling

Polygon Payments does not accept, hold, route, settle, or transmit cardholder funds, ACH funds, cryptocurrency, or any other payment instrument on behalf of merchants or consumers. Any reference on the Site to "payments," "processing," or "rates" refers to services provided by our Processor Partners, not by Polygon Payments.

4. Eligibility

The Services are intended for established U.S.-based businesses and the individuals authorized to act on their behalf. By engaging us, you represent that (a) you are at least 18 years old, (b) you have authority to bind the business you represent, and (c) the business is not engaged in any activity prohibited by card brand rules, applicable law, or our Processor Partners' written policies.

5. Information you provide

You agree that all information you provide to Polygon Payments or to a Processor Partner through us — including business identity, ownership, processing history, and financial information — is true, accurate, current, and complete. Misrepresentation may result in declination, termination of any merchant account, and placement on the MATCH list by the Processor Partner.

6. Compensation and conflicts

Polygon Payments is compensated by Processor Partners through referral fees and/or residual commissions on processed volume generated by merchants we refer. We disclose this relationship to every merchant before they sign a processing agreement. We do not charge merchants a separate fee for referrals unless expressly agreed in a separate written engagement.

7. No advice

Information on the Site and communications from Polygon Payments are provided for general informational purposes only. They do not constitute legal, tax, accounting, regulatory, or financial advice. You should consult your own qualified professionals before making decisions about payment processing arrangements, surcharging or cash-discount programs, or related compliance matters.

8. Acceptable use

You agree not to (a) use the Site or Services for any unlawful purpose or in violation of card brand rules; (b) attempt to probe, scan, or interfere with the Site's security or availability; (c) misrepresent your identity, business, or processing history; or (d) use the Site to transmit unsolicited marketing, malware, or harmful content.

9. Intellectual property

The Site and its content (including text, layout, and the Polygon Payments name and logo) are owned by Polygon Payments LLC or its licensors and are protected by U.S. and international intellectual property laws. Card brand names, processor names, and other third-party marks are the property of their respective owners and appear here for identification purposes only. No endorsement is implied.

10. Third-party services

The Site may link to or describe services offered by Processor Partners or other third parties. Those services are governed by the third party's own terms and privacy policies. Polygon Payments is not responsible for third-party services, products, or content, and we make no warranty regarding them.

11. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. POLYGON PAYMENTS DOES NOT WARRANT THE PRICING, AVAILABILITY, OR PERFORMANCE OF ANY PROCESSOR PARTNER.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POLYGON PAYMENTS AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL POLYGON PAYMENTS' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES EXCEED THE GREATER OF (A) THE FEES YOU PAID TO POLYGON PAYMENTS (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Polygon Payments and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms, (b) information you provided to us or to a Processor Partner, or (c) your conduct in connection with any merchant processing agreement.

14. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, including if we believe you have violated these Terms or engaged in conduct that is unlawful, deceptive, or harmful to others. Sections that by their nature should survive termination will survive, including Sections 5, 7, 9, 11, 12, 13, and 15.

15. Governing law and disputes

These Terms are governed by the laws of the State in which Polygon Payments LLC is organized, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms or the Services will be resolved exclusively in the state or federal courts located in that State, and you consent to personal jurisdiction and venue there.

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Material changes will be reflected by updating that date and, where appropriate, by additional notice on the Site. Your continued use of the Site or Services after changes take effect constitutes your acceptance of the revised Terms.

17. Privacy

Your use of the Site and Services is also governed by our Privacy Policy, which explains how we collect, use, share, and protect information. By using the Site or Services, you consent to the practices described there.

18. Contact

Questions about these Terms can be sent to contact@polygonpayments.com.