Please read these Terms of Service ("Terms") carefully before using the LimnPay website or engaging LimnPay for payment processing services. By accessing our website or entering into a merchant services agreement with LimnPay, you agree to be bound by these Terms.
These Terms apply to all visitors, merchants, and other users of our services. If you do not agree to these Terms, do not use our website or services.
1. About LimnPay
LimnPay is a registered Independent Sales Organization (ISO) authorized by member banks to facilitate credit and debit card processing services for merchants. LimnPay acts as an intermediary between merchants and payment processors and does not itself issue credit cards or hold merchant funds.
2. Merchant Services Agreement
The use of LimnPay's payment processing services is governed by a separate Merchant Services Agreement (MSA) entered into between you and LimnPay's acquiring bank partner(s). These Terms supplement but do not replace the MSA. In the event of a conflict between these Terms and the MSA, the MSA shall control with respect to payment processing services.
3. Eligibility and Account Registration
To use LimnPay's services, you must:
- Be a legally registered business entity or sole proprietor operating in the United States
- Be at least 18 years of age
- Provide accurate, complete, and current information during the application process
- Maintain the accuracy of your account information at all times
- Not be operating a business in a prohibited or restricted merchant category
LimnPay reserves the right to decline any merchant application at its sole discretion. Approval is subject to underwriting review by our acquiring bank partners.
4. Acceptable Use
You agree to use LimnPay's services only for lawful business purposes and in compliance with all applicable federal, state, and local laws and regulations. You may not use our services to:
- Process transactions for illegal goods or services
- Engage in fraudulent, deceptive, or misleading business practices
- Process transactions on behalf of third parties without prior written authorization
- Circumvent card network rules or acquiring bank policies
- Launder money or finance terrorist activities
- Operate in a prohibited merchant category as defined by Visa, Mastercard, or our bank partners
5. Fees and Pricing
Fees for LimnPay's services are set forth in your individual Merchant Services Agreement and associated fee schedule. Fees may include interchange-plus or flat-rate processing fees, monthly service fees, equipment fees, and chargeback fees. LimnPay reserves the right to modify fees with reasonable advance notice as specified in your MSA.
All fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of our services.
6. Settlement and Funding
Settlement of card transactions is handled by LimnPay's acquiring bank partners in accordance with the terms of your MSA. Typical funding timelines are 1 to 2 business days for standard accounts, though timelines may vary based on your account type, processing history, and risk profile. LimnPay does not control or guarantee specific funding timelines.
7. Chargebacks and Disputes
You are responsible for all chargebacks, reversals, and disputes arising from your transactions. LimnPay will provide reasonable assistance in the chargeback dispute process; however, the final determination rests with the card networks and issuing banks. You agree to maintain chargeback ratios within card network thresholds and to cooperate fully with dispute resolution processes.
8. Equipment and Hardware
Any point-of-sale terminals, card readers, or other hardware provided by or through LimnPay is subject to the terms of your equipment agreement. You are responsible for the proper use, maintenance, and security of all equipment. Unauthorized modification or use of payment terminals is strictly prohibited and may violate PCI DSS requirements.
9. Intellectual Property
All content on the LimnPay website, including text, graphics, logos, images, and software, is the property of LimnPay or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.
10. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared in connection with the merchant relationship, including pricing, processing rates, and business terms. This obligation survives termination of the merchant relationship for a period of three (3) years.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIMNPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF LIMNPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMNPAY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO LIMNPAY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
12. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
13. Indemnification
You agree to indemnify, defend, and hold harmless LimnPay, its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our services, your violation of these Terms, or your violation of any applicable law or the rights of a third party.
14. Termination
Either party may terminate the merchant relationship in accordance with the terms of the MSA. LimnPay reserves the right to suspend or terminate your account immediately, without notice, if we determine that you have violated these Terms, engaged in fraudulent activity, or pose a risk to the payment network or other merchants.
Upon termination, all outstanding fees become immediately due and payable. Sections relating to intellectual property, confidentiality, limitation of liability, and dispute resolution shall survive termination.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in Oakland County, Michigan, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
16. Changes to These Terms
LimnPay reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date at the top of this page and, where appropriate, by email notification. Your continued use of our services after changes become effective constitutes your acceptance of the revised Terms.
17. Contact Us
If you have questions about these Terms of Service, please contact us:
- Email: [email protected]
- Phone: (833) LIMNPAY
- Mail: LimnPay, Birmingham, MI 48009