Terms of Service

Welcome to My Split Pay. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and My Split Pay ("My Split Pay," "we," "us," or "our") governing your access to and use of the My Split Pay platform, website, applications, and related services (collectively, the "Services").

By accessing or using our Services, creating an account, or clicking "I Agree" or similar acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

My Split Pay provides a cloud-based commission management and residual tracking platform designed for Independent Sales Organizations (ISOs) and payment professionals. Our Services include:

• Commission Management: Automated calculation and tracking of commissions and residuals
• Report Processing: AI-powered recognition and processing of processor residual reports
• Merchant Tracking: Comprehensive merchant portfolio management and MID tracking
• Rep Portal: Self-service portal for account representatives to view their performance and earnings
• Analytics & Reporting: Real-time dashboards and customizable reports
• Billing Management: Subscription management and payment processing

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that may affect your use of the Services.

To access most features of the Services, you must create an account. When registering, you agree to:

Accurate Information

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Provide valid contact information, including a functioning email address

Account Security

• Create a strong, unique password and keep it confidential
• Enable two-factor authentication when available
• Immediately notify us of any unauthorized access or security breach
• Not share your account credentials with third parties

Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account. You agree to log out of your account at the end of each session when using shared or public devices.

Account Types

My Split Pay offers different account types with varying levels of access and permissions. The account administrator is responsible for managing user access and permissions within their organization.

Subscription Plans

Our Services are offered on a subscription basis. Current plans, pricing, and features are available on our website. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

Free Trial

We may offer a free trial period for new users. At the end of the trial period, your account will be automatically converted to a paid subscription unless you cancel before the trial ends. You may be required to provide payment information to start a trial.

Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all fees when due
• Failed payments may result in suspension or termination of your account

Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us.

Usage-Based Charges

Certain features may incur additional charges based on usage, such as additional account representatives or MIDs beyond your plan limits. These charges will be billed according to your plan terms.

Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on our net income.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services to:

Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading practices
• Upload, transmit, or distribute malware, viruses, or malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or attempt to extract source code
• Use automated systems or bots to access the Services without permission
• Harvest or collect user information without consent
• Impersonate any person or entity or misrepresent your affiliation
• Use the Services for any illegal money transmission or money laundering

Data Accuracy

You are responsible for the accuracy of data you upload to the Services. You agree not to intentionally upload false, misleading, or fraudulent information. We reserve the right to remove content that violates these Terms.

Fair Use

We may impose reasonable limits on your use of the Services to ensure fair access for all users. Excessive use that degrades system performance for others may result in throttling or suspension.

Your Data

You retain all ownership rights to data you upload to the Services ("User Data"). By uploading User Data, you grant us a limited, non-exclusive license to use, process, and store your data solely to provide and improve the Services.

Data Processing

We will process your data in accordance with our Privacy Policy and applicable data protection laws. You represent that you have all necessary rights and consents to upload data to the Services and authorize us to process it.

Data Portability

You may export your data at any time through the Services or by contacting us. Upon termination, we will make your data available for export for a reasonable period (typically 30 days) before deletion.

Sensitive Financial Data

You acknowledge that the Services process sensitive financial information. You agree to:

• Only upload data you are authorized to share
• Comply with all applicable financial regulations and privacy laws
• Maintain appropriate agreements with your merchants and representatives
• Notify us immediately of any data breaches affecting shared information

Backups

While we maintain regular backups of the Services, you are responsible for maintaining your own backups of critical data. We are not liable for data loss except where caused by our gross negligence.

Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by My Split Pay or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes during your subscription period.

Trademarks

"My Split Pay" and our logos are trademarks of My Split Pay. You may not use our trademarks without prior written permission, except to identify our Services in a manner that does not imply endorsement.

Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback without any obligation to you.

Both parties agree to maintain the confidentiality of any non-public information disclosed during the use of the Services.

Confidential Information

Confidential Information includes, but is not limited to:

• Business and financial data uploaded to the Services
• Commission structures, rates, and payout arrangements
• Merchant and representative information
• Proprietary algorithms, processes, and technology
• Pricing, business plans, and strategic information

Obligations

Each party agrees to:

• Use Confidential Information only as necessary to perform under these Terms
• Protect Confidential Information with at least the same care used for its own confidential information
• Not disclose Confidential Information to third parties without prior consent
• Limit access to Confidential Information to personnel who need to know

Exceptions

Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from third parties, or required to be disclosed by law.

Service Availability

We strive to provide reliable Services but do not guarantee uninterrupted or error-free operation. We may perform maintenance, updates, or experience outages that temporarily affect availability.

Disclaimer of Warranties

THE 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, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• Results obtained from the Services will be accurate or reliable
• Any errors in the Services will be corrected

Financial Calculations

While we strive for accuracy in all calculations, you are responsible for verifying the accuracy of commission calculations, reports, and other outputs. We are not responsible for business decisions made based on information from the Services.

Third-Party Services

Our Services may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of any third-party services.

Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY SPLIT PAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Business interruption or downtime
• Cost of substitute services
• Any damages arising from unauthorized access to your account

Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO MY SPLIT PAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Basis of the Bargain

The limitations of liability reflect the allocation of risk between the parties and are an essential basis of the bargain between us. Our pricing reflects this allocation of risk and these limitations.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless My Split Pay and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your User Data or content you upload to the Services
• Your infringement of any third-party rights
• Any disputes between you and your merchants, representatives, or other third parties

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.

Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay fees when due
• We reasonably believe your actions may cause legal liability
• Your account shows prolonged inactivity
• We are required to do so by law

We may also terminate the Services or your account for any reason with 30 days' prior notice.

Effect of Termination

Upon termination:

• Your right to use the Services immediately ceases
• You remain responsible for all fees incurred before termination
• We will make your data available for export for 30 days (except in cases of violation)
• After the export period, we may delete your data
• Sections of these Terms that should survive termination will remain in effect

Survival

The following sections survive termination: Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at support@mysplitpay.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

Binding Arbitration

If informal resolution is unsuccessful, any dispute arising from these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English and take place in the state of Texas.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in class actions against My Split Pay.

Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for matters relating to intellectual property or confidentiality. Small claims court actions are also exempt from arbitration.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and My Split Pay regarding the Services and supersede all prior agreements.

Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and, where appropriate, by email. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms bind and inure to the benefit of the parties' successors and assigns.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government actions, or internet service failures.

Notices

We may provide notices to you via email, through the Services, or by posting on our website. Notices to us should be sent to support@mysplitpay.com or by mail to our business address.

Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between us.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any person or entity.

If you have any questions about these Terms of Service, please contact us:

By using My Split Pay, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.