Terms of Service | ZAFA PAY

1. Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Merchant”, “you”, or “your”) and ZAFA PAY (“ZAFA PAY”, “we”, “us”, or “our”) governing your access to and use of our payment processing services, APIs, dashboards, and related technology (collectively, the “Services”).

By creating an account or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services. The Services are intended for business use only and may not be used for personal, family, or household purposes.

2. Account Registration

To use the Services, you must create a ZAFA PAY merchant account and provide accurate, complete, and current information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must notify us immediately if you become aware of any unauthorized access to or use of your account. ZAFA PAY is not liable for any losses arising from unauthorized use of your account unless caused by our gross negligence or willful misconduct.

3. Services

ZAFA PAY provides payment processing services that enable merchants to accept payments from their customers. The Services include, but are not limited to, transaction processing, settlement, reporting, and related tools accessible through our Merchant Portal and APIs.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable prior notice. We may also introduce new features or services, which will be subject to these Terms unless otherwise stated.

4. Fees and Payments

You agree to pay all fees associated with your use of the Services as described on our pricing page or as otherwise agreed in writing. Fees are non-refundable unless expressly stated otherwise. We may revise our fees with at least 30 days' prior written notice.

ZAFA PAY may deduct fees, chargebacks, refunds, and other amounts owed from your settlement funds. You are responsible for determining and paying all applicable taxes related to your use of the Services.

5. Prohibited Activities

You may not use the Services for any unlawful purpose or in violation of applicable laws and regulations. Prohibited activities include, but are not limited to:

Processing transactions for illegal goods or services
Money laundering, terrorist financing, or fraud
Engaging in deceptive business practices or misrepresenting your products or services
Reverse engineering, decompiling, or attempting to derive the source code of any ZAFA PAY technology
Using the Services in a manner that could damage, disable, or impair the Services or interfere with other users

6. Intellectual Property

All intellectual property rights in the Services, including software, APIs, documentation, trademarks, and trade names, are owned by ZAFA PAY or its licensors. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services solely for your business purposes in accordance with these Terms.

You may not use ZAFA PAY's name, logo, or trademarks without our prior written consent, except as reasonably necessary to indicate that you accept payments through ZAFA PAY.

7. Privacy and Data Protection

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to comply with all applicable data protection laws in connection with your use of the Services.

You must notify ZAFA PAY immediately if you become aware of any unauthorized access to, or loss of, personal data processed through the Services.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use it only for the purposes of performing obligations under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAFA PAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

ZAFA PAY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless ZAFA PAY and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your negligence or willful misconduct, or your violation of any applicable law.

11. Suspension and Termination

You may close your account at any time through the Merchant Portal or by contacting our support team. ZAFA PAY may suspend or terminate your account at any time if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or pose a risk to the security or integrity of the Services.

Upon termination, your right to use the Services will immediately cease. All API keys will be revoked and you will no longer be able to process transactions. Provisions relating to fees owed, confidentiality, limitation of liability, and dispute resolution shall survive termination.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If a dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration or the courts of the applicable jurisdiction.

13. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Merchant Portal at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

14. Contact

If you have any questions about these Terms, please contact our support team.