A short note from Clearfin before the legal language. We try to keep our product plain-spoken. The terms below are not — they need to be specific enough to govern a regulated payments relationship. If anything here is unclear, write us at info@clearfin.dev and a human will translate.
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, dashboards, APIs, and services provided by Clearfin LLC (“Clearfin,” “we,” or “us”). By accessing or using any of the foregoing, you agree to these Terms. If you do not agree, you may not use the services.
1. Eligibility and accounts
Our services are intended for businesses and the individuals authorized to act on their behalf. To create or operate a merchant account, you must be at least 18 years old, have the legal authority to bind your business, and provide accurate, complete information during onboarding. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
2. Underwriting and acceptance
We accept merchants at our sole discretion and subject to underwriting, sanctions and adverse-media screening, card-network restrictions, and applicable law. Acceptance is not guaranteed, prior conversations or proposals are not binding offers, and we may decline, suspend, or terminate any merchant relationship at any time consistent with these Terms and applicable law.
3. The platform and processing partners
Our payments services are provided in connection with one or more licensed acquiring partners and third-party processors. Card processing is performed by those partners; Clearfin acts as a payment-facilitator-style platform that provides onboarding, risk monitoring, settlement coordination, and merchant tooling. Your use of card processing is also governed by the agreements you enter into with our processing partners; in the event of any conflict, those agreements control with respect to processing.
4. Fees
Fees applicable to your account, including processing rates, platform fees, and any reserve or hold-back terms, will be set forth in an order form, schedule, or other written agreement entered into between you and Clearfin. Fees may be amended on written notice consistent with that agreement.
5. Acceptable use
Your use of the services is subject to our Acceptable Use Policy. You may not use the services in connection with any business or activity prohibited by that policy, by card-network operating rules, or by applicable law. We may suspend or terminate access for violations.
6. Compliance obligations
You agree to comply with all applicable laws, including anti-money-laundering, sanctions, consumer-protection, telemarketing, and tax laws, as well as the operating rules of the card networks. You will provide such information and documentation as we reasonably request to satisfy our compliance obligations and those of our acquiring partners.
7. Chargebacks, refunds, and reserves
You are responsible for all chargebacks, refunds, fines, fees, and assessments associated with transactions processed through your account, including under Visa BRAM, Mastercard BAU, and equivalent programs. We may impose reserves, delay payouts, or hold funds where warranted by risk or compliance considerations consistent with your written agreement.
8. Service availability
We strive for high availability and provide a published uptime objective for the platform. We do not, however, guarantee uninterrupted operation. Scheduled maintenance, infrastructure events, third-party outages, and force-majeure conditions may cause downtime. Our liability for downtime is limited as described below and as further addressed in your written agreement, if any.
9. Intellectual property
We retain all right, title, and interest in and to the platform, including software, designs, documentation, trademarks, and any improvements. We grant you a limited, revocable, non-exclusive, non-transferable license to use the platform during the term of your relationship with us, solely as needed to use the services.
10. Confidentiality
Each party will protect the other's confidential information using a reasonable standard of care and use it only for purposes of the relationship described in these Terms and any applicable agreement.
11. Disclaimers
Except as expressly set forth in a written agreement, the services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits or revenue, even if advised of the possibility of such damages. Each party's aggregate liability arising out of or relating to these Terms will not exceed the amounts paid by you to us in the twelve months preceding the event giving rise to the claim, or such other limit as is set forth in your written agreement.
13. Indemnification
You agree to indemnify and hold Clearfin, its affiliates, and its officers, directors, employees, and agents harmless from any claim arising out of your breach of these Terms, your violation of law or third-party rights, or your processing activity.
14. Termination
We may suspend or terminate access to the services at any time for breach, risk, compliance, or operational reasons. Provisions that by their nature should survive termination — including fees owed, indemnification, confidentiality, disclaimers, and limitations of liability — will survive.
15. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The exclusive venue for disputes is the state and federal courts located in New Castle County, Delaware, unless otherwise required by law.
16. Changes
We may update these Terms from time to time. Material changes will be communicated through our platform or by email to active customers. Continued use after changes take effect constitutes acceptance.
17. Contact
Clearfin LLC
info@clearfin.dev