Terms of Service

1. Acceptance of Terms

These Terms govern your access to and use of Interpay: our website, dashboard, storefronts, checkout, hosted payment pages, APIs and any other service that links to them. By creating an account or otherwise using Interpay, you agree to these Terms. If you do not agree, do not use Interpay.

If you use Interpay for a business or another organisation, you confirm that you have the authority to accept these Terms on its behalf. In that case, “you” means that business or organisation as well as you.

If you have signed a separate written agreement with us for a particular service, that agreement applies to that service and takes priority over these Terms where the two conflict.

2. The Interpay platform

Interpay is a commerce and payment infrastructure platform. Depending on how you configure it, the platform can include online storefronts, a store builder, product and catalog management, orders, checkout, payment processing, cryptocurrency payments, card payments through Stripe, payment links, APIs, webhooks, hosted payment pages, developer tools and related commerce infrastructure.

Interpay is a brand operated by Vivian Softworks LLC. Vivian Softworks LLC is the legal company that operates the service. You may see the legal name written as “Vivian Softworks LLC DBA Interpay”: “DBA” means “doing business as”, which simply means that Vivian Softworks LLC operates and does business under the Interpay name. Vivian Softworks LLC and Interpay are not two separate companies.

Parts of the platform are delivered through independent third-party services, such as payment providers and blockchain networks. Those services are described in Section 11.

3. Accounts

When you create an account, and for as long as you keep it, you agree to:

• provide accurate, complete and current information, and keep it up to date;
• keep your password and any two-factor authentication credentials to yourself, and not share login credentials in a way that could compromise the security of your account or of the platform;
• take reasonable care of the devices and browsers you sign in from;
• review the activity that happens through your account, including payments and API requests made with your keys, and tell us promptly if you believe your account has been used without your permission.

You are responsible for activity performed through your account. We may suspend or close accounts that are involved in abuse, fraud, illegal activity or serious violations of these Terms.

4. Merchant responsibilities

If you sell products or services through Interpay — in a storefront, through a payment link, or through the API — you are responsible for:

• what you sell, including your products and services;
• your storefront content: your store, product pages, images, text, domains and anything else you publish through Interpay;
• your customers and your relationship with them;
• your transactions, including the orders you accept and fulfil;
• your taxes: collecting, reporting and remitting any tax that applies to your sales;
• the licences and permits your business needs to operate and to sell what you sell;
• following the laws that apply to your business, your products and your sales;
• having the legal right to sell the products and services you offer;
• meeting the requirements of the payment providers you use, including their terms, verification procedures, restrictions and policies.

Interpay provides infrastructure. We do not take ownership of your products, your business or your customer relationships, and nothing in these Terms transfers them to us.

5. Prohibited activities

Interpay must not be used for illegal, fraudulent, stolen or abusive activity. The following is prohibited, and the list is not exhaustive:

• stolen credit card information;
• credit card dumps;
• carding;
• fraudulent payment methods;
• stolen financial information;
• stolen credentials;
• credential theft;
• phishing;
• malware;
• ransomware;
• fraud services;
• scams;
• identity theft;
• stolen personal information;
• money laundering;
• sanctions evasion;
• terrorist financing;
• illegal drugs;
• illegal weapons or illegal transactions;
• counterfeit financial instruments;
• services designed to facilitate financial crime;
• payment manipulation;
• chargeback abuse;
• transactions intended to defraud payment providers;
• any other illegal goods, services or activity.

You must not use Interpay to facilitate fraud or abuse against customers, merchants, payment providers, blockchain networks or Interpay itself.

This section targets illegal, fraudulent, stolen and abusive activity. It is not meant to restrict ordinary, lawful digital commerce.

If we reasonably believe that an account, transaction, payment or piece of content is connected to prohibited activity, we may refuse, block, suspend or remove it, and we may share what we know with the relevant providers or authorities where the law requires or permits it.

6. Cryptocurrency payments

Interpay provides cryptocurrency payment infrastructure. Supported cryptocurrency payment methods currently include Bitcoin, Litecoin, Ethereum, and USDT on Ethereum.

Blockchain payments have characteristics you should understand before you rely on them:

• They may be irreversible. Once a transaction is confirmed on the network, it generally cannot be undone.
• Confirmation times vary. How long a payment takes to confirm depends on the network and on conditions at the time.
• Network fees vary. The fee required to send a transaction is set by the network, not by Interpay, and can change from moment to moment.
• Networks can slow down or stop. Blockchain networks can experience congestion, delays or outages that delay or prevent payments.
• Addresses matter. Sending funds to an incorrect address can result in the permanent loss of those funds.
• Exchange rates change. The value of a cryptocurrency moves, so the amount needed for a fixed price can change during a payment window.

Interpay cannot reverse a blockchain transaction on your behalf, and we are not responsible for transactions sent to the wrong address, confirmed late, or affected by network conditions.

Cryptocurrency payments go from your customer straight to the wallet address you configure, in one payment of the full amount (on Ethereum, through a payment contract in the customer's own transaction). Interpay never holds these payments and never has any key to them, and does not hold a cryptocurrency balance for you. We never ask for your private keys, seed phrases or wallet passwords.

7. Card payments

Card payments are processed through third-party payment providers such as Stripe. Merchants may need to connect and maintain their own payment-provider account, and that account remains yours.

Third-party payment providers have their own terms, fees, requirements, verification procedures, account restrictions, and refund and dispute processes. Using card payments through Interpay means following those rules as well.

Interpay does not control decisions made by a third-party payment provider, including decisions about authorisations, holds, restrictions, account status, refunds or disputes. Where a customer pays by card through a hosted payment page, the payment-provider handles the card details directly.

Interpay does not take its fee from a card charge: the charge goes to your own payment-provider account in full, less only the provider's own fees, and Interpay bills its fee to you as described in Fees.

8. Fees

Interpay may charge fees for using its payment infrastructure. Our current pricing is published on our website.

Fees may vary depending on:

• the payment method;
• the currency;
• your merchant configuration; and
• the applicable fee rules.

The fee shown to you or to your customer at the time of a payment is the fee that applies to that payment. Third-party providers and blockchain networks may charge their own fees, which are separate from anything Interpay charges.

Whatever the payment method, your wallet or payment-provider account receives the whole payment and we bill Interpay's fee to you afterwards. We do not collect it at checkout:

• the fee of a payment is recorded when the payment completes, at the amount fixed when the payment was created. A later refund does not remove it, unless we give the fee back on a card refund, in which case the refunded share is credited against a later statement;
• every Monday at 00:00 UTC we issue a statement for the fees not yet billed, less those credits, one for each currency, with test mode and live mode billed separately. A total below the minimum shown in your dashboard, or below zero, is carried over to the next statement;
• each statement is due 7 days after it is issued. You can pay it from your dashboard in Bitcoin or Litecoin, sent from your own wallet, or by card. A statement payment in cryptocurrency cannot be reversed;
• if a statement is still unpaid 7 days after its due date, new payments are paused for your business in that mode, whatever the payment method, until it is paid. Payments already open are not affected, and the pause ends as soon as the statement is paid;
• a fee already collected at checkout, on a payment set up before this billing applied, is never billed again.

Your customer's payment and your fee statement are separate: an order is paid when its payment completes, whether or not the statement that bills its fee has been paid.

9. Refunds

Refunds depend on the payment method used for the original payment.

Card refunds are handled through the applicable card or payment provider, subject to that provider's processes and timelines.

A cryptocurrency payment cannot simply be reversed on the blockchain. Refunding one requires a separate transaction, sent from your own wallet, which is subject to the network characteristics described in Section 6.

Merchants are responsible for making appropriate refund decisions for their customers, subject to applicable law and the rules of the payment providers they use.

10. Suspension and termination

We may suspend, restrict or terminate your access to Interpay when it is reasonably necessary to do so, including when:

• you violate these Terms;
• we detect fraud or illegal activity;
• there is a security threat;
• the platform or its users are being abused;
• a payment provider requires it;
• we have a legal obligation to act.

We may also remove or restrict content that violates these Terms or is otherwise prohibited.

Suspension or termination does not cancel obligations that arose before it took effect. You remain responsible for them, including fees already due and transactions already made.

11. Third-party services

Interpay depends on independent third-party services to operate. These can include Stripe, blockchain infrastructure providers, hosting providers, email providers and other infrastructure providers.

These services run under their own terms and are outside of our control. To the extent permitted by applicable law, Interpay is not responsible for outages, failures, delays, changes or discontinuation of independent third-party services, or for anything a third-party provider does or fails to do.

12. Disclaimers

Interpay aims to be reliable, but we cannot promise that it will be uninterrupted, error-free or available at all times. To the extent permitted by applicable law:

• we are not responsible for the availability, behaviour or failures of third-party services, including payment providers and blockchain infrastructure;
• we are not responsible for blockchain network failures, congestion, delays or forks;
• we are not responsible for losses caused by cryptocurrency price volatility;
• we are not responsible for mistakes made with your wallet, including payments sent to an incorrect address;
• we are not responsible for losses caused by your configuration, including your payment settings, addresses, fee rules and API integrations;
• we are not responsible for unauthorised access to your account where it results from your failure to protect your credentials.

Nothing in these Terms excludes or limits any liability that applicable law does not allow us to exclude or limit.

13. Limitation of liability

To the extent permitted by applicable law, Interpay will not be liable for:

• indirect, incidental, special, consequential or punitive damages; or
• loss of profits, revenue, data, goodwill or business opportunity.

This applies to claims arising out of or related to Interpay, these Terms, your use of the service or your inability to use it, whether based in contract, tort or any other legal theory, even if we have been told the possibility of such damage.

To the extent permitted by applicable law, our total liability for all claims arising out of Interpay or these Terms is limited to the fees you paid to Interpay in the twelve months before the event that gave rise to the claim. These limits apply only to the extent permitted by applicable law.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify and defend Vivian Softworks LLC, operating the Interpay brand, against claims, losses, liabilities, damages and reasonable costs — including reasonable legal fees — arising from:

• your illegal use of the service;
• your violation of these Terms;
• your products, services or storefront content;
• your violation of the rights of others, including your customers and other third parties; and
• your misuse of Interpay, including misuse by anyone using your account.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date above.

If a change is material, we will take reasonable steps to let you know, where applicable law requires it. Your continued use of Interpay after the updated Terms take effect means that you accept them. If you do not agree with the updated Terms, stop using Interpay.

The date at the top of this page shows when these Terms were last updated.

16. Governing law

The governing law and the courts that apply to these Terms will be stated in this section once they are confirmed. Until then, this section is a placeholder and does not select a governing law or a jurisdiction.

Nothing in these Terms removes or limits protections you have under the law that would apply to you anyway, including consumer protections that cannot be waived.

17. Contact

Questions about these Terms can be sent to [email protected].