This end user license agreement is a binding agreement (“Agreement”) between you (“End User”, “your” or “you”) and Aligned Payments and/or its affiliates (“Aligned Payments”) (the “Terms”). This Agreement governs your use of Aligned Payments solutions (the “Services”), including proprietary payment solutions created by Aligned Payments and licensed, not sold, to you. Services shall include any and all processing, support, software, and ancillary services you utilize under this Agreement, including but not limited to those explicitly selected or enrolled in via the Order or through subsequent agreements, as well as services provided in conjunction with our third-party partners, such as credit reviews for merchant account applications. Fees shall be inclusive of any charges related to these services. By executing the agreement referencing these Terms or by otherwise using the Services to submit a payment (each, an “Order”), you (a) acknowledge that you have read and understood these Terms and our Privacy Policy (available at https://alignedpayments.com/privacypolicy); (b) represent that you are 18 years of age or older/of legal age to enter into a binding agreement; and (c) accept these Terms and agree that you are legally bound by them. If you do not agree to these Terms, do not use the Services. Aligned Payments and End User agree as follows:
1. Services
You acknowledge that Aligned Payments owns and retains all right, title, and interest in and to the Aligned Payments trademarks, Services, copyrights, and any related technology utilized under or in connection with this Agreement, including but not limited to all intellectual property rights associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to End User or any other entity or person under this Agreement. End User will not reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or trade secrets for any of the Services or related technology.
2. License
a) Grant. Aligned Payments grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Services to submit debit, prepaid, and credit card payments using a terminal owned or otherwise controlled by you ("Terminal") strictly in accordance with the Services’ documentation.
b) Restrictions. End User agrees not to:
- Modify or create derivative works of the Services
- Reverse engineer or access source code
- Remove proprietary notices
- Distribute or sublicense the Services
3. End User Responsibilities
a) ID and Password. End User must safeguard all login credentials. Aligned Payments is not responsible for unauthorized use of your account.
b) Merchant Service Providers. End User may be connected through a third-party ISO or provider. Aligned Payments may share relevant data with these entities for service delivery and compliance.
c) Compliance. End User must follow all relevant laws, regulations, and card network rules, including those related to AML, PCI DSS, and KYC.
d) Additional Services. If End User enrolls in other offerings, additional terms may apply.
e) Third-Party Products. Aligned Payments is not responsible for third-party services used in conjunction with its offerings.
4. Data Collection, Privacy, and Security
a) End User. Responsible for securing cardholder and transaction data in their systems. Must notify Aligned Payments of breaches.
b) Aligned Payments. May collect and share End User data with partners for service delivery and compliance. Uses reasonable measures to secure data but cannot guarantee absolute protection.
c) Data Retention. End User is responsible for retaining transaction records.
5. Service Fee
Service Fees are non-refundable and disclosed during enrollment. They may be calculated separately from the primary transaction amount.
6. Payment of Fees
End User authorizes ACH debits for fees. Returned ACH debits incur a $25 fee. Interest may accrue on unpaid balances. Aligned Payments may suspend Services for nonpayment.
7. Term and Termination
This Agreement begins upon use and remains active unless terminated. Aligned Payments may terminate for any reason with notice, or immediately for breach. Termination does not relieve you of payment obligations.
8. Termination and Suspension
Aligned Payments may suspend or terminate access if:
- Requested by a processor or ISO
- End User poses a compliance or security risk
- End User violates this Agreement
9. Confidential Information
Both parties must protect confidential information. Information may be disclosed under law or to comply with legal processes. Upon termination, information must be destroyed or returned unless retention is legally required.
10. Representations and Warranties; Disclaimer
a) Mutual Warranties. Each party confirms they are legally able to enter this Agreement.
b) Aligned Payments Warranty. Services conform to documentation under normal use.
c) Remedy. Aligned Payments will attempt to remedy issues but does not guarantee success. Termination is your sole remedy.
d) Disclaimer. Services are provided “as is.” Aligned Payments disclaims all warranties, including implied warranties of merchantability and fitness for purpose.
e) End User Warranties. You warrant your business is legal and compliant with applicable standards.
f) Third Party Programs. Aligned Payments is not liable for third-party integrations or software.
11. Limitation of Liability
Aligned Payments' total liability is capped at the greater of $1,000 or the total fees paid in the last 6 months. Not liable for indirect, incidental, special, or consequential damages.
12. Indemnification
a) By Aligned Payments. Aligned Payments will indemnify against IP infringement claims if Services are used as intended.
b) By End User. You will indemnify Aligned Payments for claims arising from breach, fraud, data misuse, or legal violations.
c) Procedure. Indemnification is conditioned on prompt notice, defense cooperation, and reasonable settlement terms.
d) Exceptions. State agencies are only liable to the extent permitted by law.
13. General Provisions
a) Marketing. Parties may not publicly reference each other without consent, except for client listings.
b) Non-exclusivity. This Agreement is non-exclusive for both parties.
c) Relationship. Independent contractor relationship; not a partnership or joint venture.
d) Notices. Sent to registered email or posted in portal. Legal notices sent to [email protected] or [Insert Address].
e) Amendments. Aligned Payments may amend the Agreement with notice. Continued use constitutes acceptance.
f) Severability. Invalid clauses do not affect the remainder.
g) Governing Law. Florida law applies. Jurisdiction is in Miami-Dade County.
h) Waiver. Failure to enforce any term is not a waiver.
i) Assignment. End User may not assign without consent.
j) Force Majeure. Neither party is liable for delays caused by unforeseen events.
k) Call Recording. End User consents to recorded customer service calls.
l) Entire Agreement. This document and referenced policies constitute the entire agreement.
m) Survival. Payment, confidentiality, indemnity, and liability provisions survive termination.
n) Export Compliance. End User agrees to comply with U.S. export regulations.
Last Updated: 07/30/2025