Contracting Entity: Archarina Software LLC
Product: ArcPay
Contact: +1 (732) 705 - 7771 |info@archarina.io
These ArcPay Terms and Conditions govern access to and use of ArcPay, including its websites, dashboards, software, APIs, integrations, payment links, card payment workflows, ACH payment workflows, reporting tools, reconciliation workflows, documentation, support services, and related features.
These Terms form part of the agreement between Customer and Archarina Software LLC. If Customer has signed an Order Form, Quote, Subscription Agreement, Master Agreement, Statement of Work, or other written agreement with Archarina, these Terms are incorporated into that agreement.
If these Terms conflict with any general Archarina terms, these Terms control only for Customer’s use of ArcPay.
By accessing or using ArcPay, enabling ArcPay for Customer’s business, creating an account, signing an Order Form, or using ArcPay on behalf of an organization, Customer agrees to these Terms and represents that it has authority to bind that organization.
If Customer does not agree to these Terms, Customer must not access or use ArcPay.
ArcPay is a payment gateway and payment workflow service that helps businesses manage payment-related activity inside or alongside their business systems.
ArcPay may support:
- payment links;
- invoice-based payment collection;
- card payments;
- ACH payments;
- recurring payment workflows;
- payment routing;
- fee visibility;
- payment status tracking;
- settlement visibility;
- refund workflows;
- dispute and chargeback workflows;
- reporting;
- reconciliation support;
- integrations with ERP, accounting, CRM, or operational systems.
ArcPay is a software and workflow service. It does not replace Customer’s responsibility for its own products, services, invoices, taxes, refunds, disputes, accounting records, payment authorizations, processor relationships, banking relationships, or legal compliance.
Unless expressly stated in a written agreement signed by Archarina, Archarina is not a bank, money transmitter, acquiring bank, issuing bank, card network, payment processor, payment facilitator, stored value provider, escrow agent, credit provider, lender, financial institution, tax advisor, accounting advisor, or legal advisor.
Actual payment processing, authorization, clearing, settlement, funds movement, card network activity, ACH activity, underwriting, chargeback processing, dispute review, fraud review, and payment account approval may be performed by third-party payment processors, banks, card networks, ACH operators, financial institutions, or other payment service providers.
Archarina may use one or more payment partners to provide ArcPay. Archarina is not required to publicly disclose specific payment partner names unless required by law or a written agreement.
Customer acknowledges that payment partners may approve, reject, hold, delay, reverse, suspend, or terminate transactions or accounts based on their own rules, risk policies, underwriting standards, legal obligations, or terms.
“ACH” means Automated Clearing House debit or credit transactions supported through ArcPay or a payment partner.
“Applicable Law” means all laws, rules, regulations, industry standards, card network rules, ACH rules, privacy laws, consumer protection laws, sanctions laws, anti-money laundering laws, and payment rules that apply to Customer, Archarina, ArcPay, or the relevant transaction.
“ArcPay” means Archarina’s payment gateway, payment workflow, payment orchestration, reporting, and reconciliation product.
“Archarina,” “we,” “us,” or “our” means Archarina Software LLC.
“Card Network Rules” means the rules and operating requirements of card networks such as Visa, Mastercard, American Express, Discover, or other supported networks.
“Chargeback” means any dispute, transaction reversal, ACH return, payment reversal, refund claim, retrieval request, inquiry, adjustment, penalty, fee, or related claim involving a payment transaction.
“Customer,” “Merchant,” “you,” or “your” means the person or entity that accesses, enables, or uses ArcPay.
“Customer Data” means data, records, content, transaction information, customer information, invoice information, payment information, settlement information, accounting information, and related materials submitted to or processed through ArcPay.
“End User” means any employee, contractor, agent, administrator, or user authorized by Customer to access ArcPay.
“Fees” means all subscription fees, transaction fees, gateway fees, processor fees, network fees, ACH fees, refund fees, dispute fees, chargeback fees, implementation fees, support fees, or other fees related to ArcPay.
“Order Form” means any signed quote, order form, statement of work, online order, written agreement, or commercial document that identifies ArcPay or related services.
“Payer” means any person or entity that makes or is asked to make a payment to Customer.
“Payment Partner” means any third-party payment processor, bank, card network, ACH operator, financial institution, risk provider, fraud provider, payment service provider, or other third party involved in payment processing or payment support.
“Services” means ArcPay and related services provided by Archarina.
4. Customer Eligibility and Account Information
Customer may use ArcPay only for lawful business purposes.
Customer represents that:
- it is legally organized and authorized to do business;
- the person accepting these Terms has authority to bind Customer;
- it has all licenses, registrations, permits, and approvals required for its business;
- its use of ArcPay will comply with Applicable Law;
- its business, products, services, and transactions are not prohibited under these Terms.
Customer may be required to provide business, ownership, tax, contact, bank, payment, website, product, service, processing history, and transaction information to access or continue using ArcPay.
Customer must provide accurate, complete, and current information and must promptly update Archarina if any information changes.
Archarina, payment partners, or service providers may conduct onboarding review, identity verification, business verification, sanctions screening, fraud review, risk review, KYC review, KYB review, credit review, or enhanced due diligence.
Archarina may approve, reject, suspend, limit, or terminate Customer’s use of ArcPay if Customer fails to provide requested information, provides inaccurate information, creates payment or compliance risk, or is rejected or restricted by a payment partner.
Customer is solely responsible for:
- all activity under its ArcPay account;
- all actions taken by its End Users;
- maintaining accurate business, tax, bank, customer, invoice, payment, and transaction information;
- obtaining all required authorizations, consents, approvals, and notices from customers, payers, employees, vendors, contractors, and users;
- ensuring that every payment, refund, debit, credit, recurring charge, stored payment method, ACH transaction, card transaction, or payment instruction is lawful and authorized;
- complying with Applicable Law, payment partner terms, Card Network Rules, ACH rules, privacy laws, consumer protection laws, tax laws, sanctions laws, and accounting requirements;
- handling its own products, services, delivery, warranties, refunds, customer service, billing disputes, customer complaints, tax treatment, and accounting treatment;
- reviewing payment routing, settlement data, fee data, reports, exports, reconciliation results, and ledger postings before relying on them;
- maintaining records needed for audits, disputes, tax filings, payment partner review, accounting review, or legal compliance;
- securing user access, passwords, credentials, API keys, devices, and integrations.
Customer may not use ArcPay for any illegal, unauthorized, deceptive, fraudulent, abusive, harmful, high-risk, or prohibited activity.
6. Customer Products, Services, and Payers
Customer is solely responsible for the products and services it sells, the invoices it issues, the customers it serves, and the payments it requests.
Archarina is not responsible for:
- Customer’s products or services;
- product quality, delivery, fulfillment, returns, or warranties;
- invoice accuracy;
- tax accuracy;
- payment amount accuracy;
- refund policies;
- customer complaints;
- disputes between Customer and its customers;
- statements or promises made by Customer to any payer, customer, vendor, or third party.
Customer must not represent that Archarina is responsible for Customer’s products, services, refunds, warranties, delivery, customer support, or customer obligations.
7. Payment Links and Invoice Payments
Customer may use ArcPay to create, send, display, or manage payment links connected to invoices, customer records, payment requests, or other business records.
Customer is responsible for ensuring that each payment link is accurate and lawful, including the payer name, invoice number, payment amount, tax amount, due date, product or service description, refund terms, cancellation terms, recurring payment terms, contact information, and any required legal disclosures.
Customer must not use payment links for deceptive billing, unauthorized charges, hidden fees, misleading descriptions, or payments unrelated to Customer’s lawful business.
ArcPay supports card payment workflows where enabled for Customer.
Customer must comply with Card Network Rules, payment partner terms, PCI DSS obligations applicable to Customer, consumer protection laws, and Applicable Law.
Customer is responsible for:
- submitting accurate transaction information;
- obtaining payer authorization;
- using proper transaction descriptions;
- avoiding duplicate or unauthorized charges;
- honoring refund and cancellation rights;
- responding to disputes and chargebacks;
- maintaining supporting transaction records;
- complying with card-on-file and recurring billing requirements;
- avoiding prohibited or high-risk transactions.
Archarina does not guarantee that any card payment will be approved, authorized, settled, undisputed, or free from chargeback.
9. ACH and Bank Payments
ArcPay supports ACH payment workflows where enabled for Customer.
Customer is responsible for complying with Nacha rules, bank rules, payment partner terms, authorization requirements, account validation requirements, return rules, record retention requirements, and Applicable Law.
Customer must obtain proper authorization before initiating any ACH debit or bank debit. Customer must retain proof of authorization for at least two years after the authorization is terminated or revoked, or for any longer period required by Applicable Law or payment partner terms.
Customer is responsible for:
- verifying account information where required;
- maintaining authorization records;
- protecting bank account information;
- preventing unauthorized ACH activity;
- responding to ACH returns and disputes;
- reimbursing returned, reversed, disputed, or unauthorized ACH transactions;
- honoring cancellation, revocation, and stop-payment requests where required.
Customer must not originate any ACH transaction that violates U.S. law, Nacha rules, bank rules, payment partner terms, or these Terms.
10. Recurring Payments and Stored Payment Methods
If ArcPay supports recurring payments, scheduled payments, subscriptions, auto-pay, card-on-file payments, ACH auto-debits, or stored payment methods, Customer must obtain clear authorization from the payer before initiating payment.
Customer is responsible for disclosing the payment amount, payment frequency, payment timing, payment method, cancellation process, refund process, billing contact, and any other required terms.
Customer must retain proof of authorization and must honor lawful cancellation, revocation, refund, and opt-out requests.
A stored payment method or token does not guarantee that future payments will be approved, successful, undisputed, or settled.
11. Payment Routing, Fee Visibility, and Reporting
ArcPay may support payment routing based on configured provider options, payment method, geography, transaction attributes, fee information, approval likelihood, provider availability, rules, or other factors.
Payment routing is a technology feature intended to support Customer’s payment operations. It does not guarantee the lowest possible fee, highest approval rate, successful transaction, specific provider, specific settlement date, or avoidance of refunds, reversals, disputes, chargebacks, ACH returns, or fees.
ArcPay may display processing fees, network fees, gateway fees, settlement fees, refunds, disputes, chargebacks, deductions, ACH returns, net settlement amounts, or related payment information.
Customer acknowledges that fee, settlement, and transaction data may come from payment partners or third-party systems. Archarina does not guarantee that all fee data, settlement data, or reporting data will be complete, current, error-free, or available at all times.
Customer is responsible for reviewing and validating all fee reports, settlement reports, reconciliation reports, exports, accounting entries, and ledger postings before relying on them.
ArcPay may display settlement status, pending payments, cleared payments, failed payments, in-transit payments, settlement amounts, deductions, net deposits, and related information.
Actual settlement is performed by payment partners, banks, acquiring institutions, or other financial institutions. Archarina does not hold Customer funds unless expressly stated in a signed written agreement.
Archarina does not guarantee settlement by a specific date, settlement of every transaction, release of funds held by a payment partner, availability of reserve funds, accuracy of bank posting times, or avoidance of settlement delays, deductions, holds, reversals, ACH returns, or chargebacks.
13. Refunds, Disputes, Chargebacks, and ACH Returns
Customer is solely responsible for its refund policies, refund decisions, refund amounts, refund timing, refund communications, and refund compliance.
Customer is also responsible for all disputes, chargebacks, retrieval requests, inquiries, reversals, ACH returns, failed payments, fraud claims, unauthorized transaction claims, and related fees or penalties.
ArcPay may provide tools to help Customer view, manage, or respond to refunds, disputes, chargebacks, and ACH returns. These tools do not guarantee that a refund, dispute, chargeback, or ACH return will be avoided, won, reversed, or resolved in Customer’s favor.
Customer must provide timely and complete evidence when requested, including invoices, receipts, delivery records, authorization records, customer communications, proof of service, refund records, and related documents.
Customer remains liable for disputed amounts, chargeback amounts, ACH return amounts, reversals, penalties, card network fees, payment partner fees, bank fees, negative balances, collection costs, and losses arising from Customer’s products, services, billing, or payment practices.
14. Reserves, Holds, Processing Limits, and Set-Off
Archarina or a payment partner may impose reserves, rolling reserves, transaction limits, processing limits, settlement holds, delayed settlements, account reviews, or other risk controls if required by payment partner terms, risk policies, underwriting standards, card network rules, ACH rules, Applicable Law, or Archarina’s reasonable risk assessment.
Risk controls may be applied if Customer has excessive refunds, disputes, chargebacks, ACH returns, unusual transactions, inaccurate information, missing documents, prohibited activity, or any legal, financial, fraud, security, or reputational risk.
If Customer owes any amount to Archarina, Archarina may, to the extent permitted by law and applicable payment partner terms, offset, debit, invoice, or collect such amount from amounts payable to Customer, Customer’s payment method on file, Customer’s reserve balance, Customer’s bank or settlement account if authorized, future settlements, or other amounts owed to Customer by Archarina.
Amounts owed may include Fees, refunds, disputes, chargebacks, ACH returns, reversals, penalties, fines, negative balances, collection costs, and indemnity obligations.
Customer is responsible for reasonable collection costs, including attorneys’ fees, agency fees, court costs, and interest at the lesser of 1.5% per month or the maximum amount permitted by law.
15. Monitoring and Risk Review
Customer authorizes Archarina to monitor, review, analyze, and investigate Customer’s use of ArcPay, transaction activity, payment patterns, refund levels, dispute levels, chargeback levels, ACH return levels, user activity, account activity, and related data.
Archarina may use this information to provide ArcPay, improve ArcPay, detect fraud, prevent unauthorized activity, manage risk, comply with payment partner requirements, comply with law, respond to audits or legal requests, and protect Archarina, Customer, payment partners, payers, and third parties.
Archarina may use automated tools, manual review, fraud detection systems, and risk models for these purposes.
16. Prohibited Products, Services, and Activities
Customer may not use ArcPay for any product, service, business, transaction, or activity prohibited by Archarina, a payment partner, a card network, an ACH operator, a bank, or Applicable Law.
Prohibited products, services, and activities include:
- illegal goods or services;
- fraudulent transactions;
- unauthorized charges or debits;
- money laundering;
- unlicensed money services or money transmission;
- counterfeit or stolen goods;
- drugs, controlled substances, illegal substances, or drug paraphernalia;
- adult content, pornography, escort services, or sexually explicit services;
- gambling, betting, lottery, sweepstakes, or games of chance where prohibited or not properly licensed;
- weapons, firearms, ammunition, explosives, or regulated weapons;
- hazardous, toxic, flammable, or radioactive materials;
- tobacco, nicotine, vape products, or restricted products where prohibited or unsupported;
- alcohol where prohibited, unsupported, or not properly licensed;
- virtual currency, cryptocurrency, NFTs, or digital assets unless approved in writing;
- pyramid schemes, deceptive work-from-home programs, get-rich-quick schemes, or unlawful multi-level marketing programs;
- fake credentials, fake documents, fake IDs, or illegal identity services;
- hacking tools, malware, spyware, credential theft tools, or circumvention devices;
- unauthorized copyrighted media, unauthorized software, or IP-infringing goods;
- products or services that promote hate, violence, harassment, discrimination, or illegal activity;
- businesses with excessive fraud, disputes, chargebacks, ACH returns, refunds, or consumer complaints;
- products or services prohibited by any payment partner;
- any activity that may harm Archarina, payment partners, card networks, banks, payers, or the public.
Archarina may update this list at any time. Customer is responsible for ensuring that its business remains eligible to use ArcPay.
17. Sanctions, Export Controls, and Anti-Corruption
Customer represents that Customer, its owners, officers, directors, beneficial owners, affiliates, and users are not subject to sanctions and are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions by the United States.
Customer must not use ArcPay in violation of sanctions, export control laws, anti-money laundering laws, anti-bribery laws, anti-corruption laws, or anti-terrorism laws.
Customer must not use ArcPay to make or receive payments involving prohibited parties, sanctioned parties, blocked persons, restricted jurisdictions, or illegal transactions.
18. Privacy and Data Use
Archarina will process Customer Data and personal information in accordance with its applicable Privacy Policy, Data Processing Addendum, these Terms, and Applicable Law.
Customer is responsible for providing required privacy notices and obtaining required consents from its customers, payers, employees, vendors, and other individuals whose data is submitted to or processed through ArcPay.
Customer authorizes Archarina to process Customer Data, payment data, transaction data, invoice data, payer data, fee data, settlement data, refund data, dispute data, ACH data, card payment data, and related information as needed to provide ArcPay, process payment instructions, route transactions, display payment status, support refunds and disputes, provide reporting and reconciliation, provide support, detect fraud, conduct risk review, comply with law, satisfy payment partner requirements, and improve ArcPay.
Archarina may use aggregated, anonymized, or de-identified data for analytics, product improvement, reliability, security, fraud monitoring, benchmarking, and service improvement. Archarina will not disclose aggregated or de-identified data in a way that identifies Customer, Customer’s customers, Customer’s employees, or individual payers.
Archarina will not sell Customer Data. Archarina will not use Customer Data to train public or third-party artificial intelligence models. Archarina may use Customer Data for internal analytics and product improvement only as described in these Terms and applicable privacy terms.
19. Security and PCI DSS
Archarina will maintain administrative, technical, and organizational safeguards designed to protect ArcPay and Customer Data against unauthorized access, loss, misuse, alteration, or disclosure.
Customer is responsible for protecting account credentials, enabling strong authentication where available, limiting administrative access, assigning appropriate user roles, removing access when users no longer need it, reviewing account activity, and securing Customer’s systems, networks, devices, browsers, and integrations.
Where ArcPay supports card payments, Archarina will maintain payment security controls appropriate to its role in providing ArcPay.
Customer is responsible for its own PCI DSS obligations, including how Customer collects, enters, stores, transmits, displays, exports, downloads, prints, emails, or otherwise handles cardholder data outside approved ArcPay or payment partner payment fields.
Customer must not store sensitive cardholder data or sensitive authentication data in unauthorized places, including notes, tickets, CRM fields, invoice descriptions, email, chat messages, documents, attachments, spreadsheets, or free-text fields.
Customer must not ask payers to send full card numbers, CVV codes, magnetic stripe data, PIN data, or restricted payment credentials through insecure channels.
No system is guaranteed to be error-free or completely secure. Security is a shared responsibility between Archarina, Customer, payment partners, hosting providers, banks, networks, users, and other third parties.
Each party may receive non-public business, technical, financial, product, security, payment, customer, operational, or legal information from the other party.
The receiving party must protect Confidential Information using reasonable care and may use it only for purposes of performing under these Terms. The receiving party may disclose Confidential Information only to employees, contractors, advisors, service providers, payment partners, or representatives who need to know it and are bound by confidentiality obligations.
Confidential Information does not include information that is publicly available, already known without restriction, independently developed without use of Confidential Information, or lawfully received from a third party without restriction.
The receiving party may disclose Confidential Information if required by law, subpoena, court order, regulator, auditor, payment partner, bank, card network, ACH operator, law enforcement, or governmental authority, provided it gives notice where legally permitted.
21. Fees and Taxes
Customer will pay all Fees described in the applicable Order Form, invoice, dashboard, pricing schedule, payment partner terms, or other written agreement.
Fees may include subscription fees, transaction fees, gateway fees, processing fees, card network fees, ACH fees, refund fees, dispute fees, chargeback fees, settlement fees, currency conversion fees, bank fees, implementation fees, support fees, taxes, and governmental charges.
Unless expressly stated in an Order Form, Archarina fees do not include third-party payment partner fees, card network fees, bank fees, taxes, penalties, assessments, or governmental charges.
Customer is responsible for all taxes related to Customer’s products, services, invoices, payments, refunds, and transactions. Archarina does not determine, collect, report, or remit Customer’s sales tax, use tax, VAT, GST, excise tax, income tax, or similar tax unless expressly agreed in writing.
22. Suspension and Termination
Archarina may suspend, limit, or terminate Customer’s access to ArcPay immediately if:
- Customer violates these Terms;
- Customer fails to pay amounts due;
- Customer provides inaccurate or incomplete information;
- Customer fails to provide requested documents;
- Customer creates legal, payment, fraud, security, regulatory, financial, or reputational risk;
- Customer’s payment partner account is suspended, restricted, or terminated;
- Customer has excessive disputes, chargebacks, refunds, ACH returns, or failed payments;
- Customer uses ArcPay for prohibited activity;
- Customer’s account appears compromised;
- law, court order, regulator, bank, card network, ACH operator, law enforcement, or payment partner requirement requires suspension or termination.
Archarina will use reasonable efforts to provide notice where practical, unless notice is prohibited by law or may create security, fraud, legal, or risk concerns.
Upon termination, Customer must stop using ArcPay. Pending transactions may be completed, rejected, reversed, or held depending on payment partner rules. Customer remains responsible for all Fees, refunds, chargebacks, disputes, ACH returns, reversals, penalties, negative balances, collection costs, indemnity obligations, confidentiality obligations, and payment obligations.
Archarina may retain records as required for legal, tax, audit, fraud prevention, accounting, payment partner, security, regulatory, or dispute purposes.
ArcPay may provide payment data, fee data, settlement data, reconciliation data, reports, dashboards, alerts, automated workflows, or AI-assisted features. These features are provided to support Customer’s business operations.
ArcPay does not provide legal, tax, accounting, audit, financial, investment, compliance, or payment advisory services.
Customer is responsible for reviewing all ArcPay outputs with its own qualified advisors before relying on them for tax filings, financial statements, accounting entries, legal compliance, audit responses, customer disputes, or business decisions.
ArcPay is provided on an “as is” and “as available” basis, except as expressly stated in a signed written agreement.
Archarina does not warrant that ArcPay will be uninterrupted, error-free, completely secure, free from fraud, free from chargebacks, free from disputes, free from failed payments, or compatible with every Customer system.
Archarina does not warrant that every payment will be approved, every payment will settle, every payment will be routed to the lowest-cost provider, every fee will be reduced, every transaction will be reconciled automatically, every dispute or chargeback will be won, every ACH transaction will be completed, every payment partner will remain available, or every report will be complete or error-free.
Customer’s use of ArcPay is at Customer’s own risk, subject to any express commitments in an applicable Order Form.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including loss of revenue, loss of goodwill, loss of business, loss of data, payment delays, failed transactions, ACH returns, chargebacks, refunds, disputes, settlement delays, processor holds, or business interruption, even if advised of the possibility of such damages.
Except for Excluded Claims, each party’s total aggregate liability arising out of or relating to ArcPay will not exceed the fees paid by Customer to Archarina for ArcPay during the twelve months before the event giving rise to liability.
“Excluded Claims” means Customer’s payment obligations, refund obligations, chargeback obligations, ACH return obligations, reversal obligations, penalty obligations, negative balance obligations, indemnity obligations, breach of confidentiality, misuse of intellectual property, fraud, willful misconduct, and obligations that cannot be limited under Applicable Law.
Archarina will not be liable for acts or omissions of payment partners, banks, card networks, ACH operators, processors, financial institutions, telecommunications providers, hosting providers, Customer systems, payer banks, issuers, or other third parties.
Customer will indemnify, defend, and hold harmless Archarina, its affiliates, officers, directors, employees, contractors, licensors, service providers, and payment partners from and against any claims, losses, liabilities, damages, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Customer’s use of ArcPay;
- Customer’s products or services;
- Customer’s invoices, billing, refunds, disputes, or customer communications;
- Customer’s violation of Applicable Law;
- Customer’s violation of payment partner terms, Card Network Rules, ACH rules, or these Terms;
- unauthorized, fraudulent, deceptive, or illegal transactions;
- refunds, chargebacks, disputes, ACH returns, reversals, or negative balances;
- Customer Data;
- Customer’s failure to obtain required consents or authorizations;
- Customer’s tax, accounting, consumer protection, privacy, or regulatory obligations;
- Customer’s negligence, fraud, willful misconduct, or breach of these Terms.
Archarina will indemnify Customer against third-party claims alleging that ArcPay, as provided by Archarina and used in accordance with these Terms, infringes a U.S. intellectual property right, except to the extent the claim arises from Customer Data, Customer systems, third-party services, payment partners, Customer modifications, unauthorized use, or use after Archarina provides a non-infringing alternative.
27. Governing Law and Dispute Resolution
These Terms will be governed by the laws specified in Customer’s main agreement with Archarina. If no governing law is specified, these Terms will be governed by the laws of the State of New Jersey, without regard to conflict-of-law principles.
Any dispute arising out of or relating to these Terms will be resolved according to the dispute resolution process in Customer’s main agreement with Archarina. If no process is specified, the dispute will be resolved by binding arbitration under the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action.
Archarina may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, security, systems, or payment operations.
28. Assignment, Changes, and Survival
Customer may not assign or transfer these Terms without Archarina’s prior written consent, except as part of a merger, acquisition, corporate reorganization, or sale of substantially all assets, provided the assignee agrees to be bound by these Terms and is not a competitor of Archarina or a prohibited or high-risk business.
Archarina may assign these Terms to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.
Archarina may modify ArcPay, add features, remove features, update workflows, change integrations, update documentation, change payment partners, or modify these Terms from time to time. If a change materially affects Customer’s rights or obligations, Archarina will provide notice through email, dashboard notice, service announcement, website posting, or other reasonable means. Continued use of ArcPay after an update becomes effective constitutes acceptance of the updated terms.
Any provisions relating to payment obligations, fees, taxes, refunds, disputes, chargebacks, ACH returns, reserves, set-off, records, audit, confidentiality, data rights, security, prohibited use, disclaimers, limitation of liability, indemnification, governing law, dispute resolution, and definitions will survive termination.
For questions about ArcPay or these Terms, Customer may contact Archarina at:
Archarina Software LLC
Phone: +1 (732) 705 - 7771
Email:info@archarina.io
By accessing or using ArcPay, Customer acknowledges that Customer has read, understood, and agreed to these ArcPay Terms and Conditions.
If the individual accepting these Terms is acting on behalf of a company or other legal entity, that individual represents that they have authority to bind that company or legal entity.
If Customer does not agree to these Terms, Customer must not access or use ArcPay.
ArcPay Terms & Conditions v2.0 – Owner Protection Enhancements Integrated
Nothing in these Terms creates any fiduciary, trustee, escrow, custodial, agency, partnership, joint venture, advisory, employment, or similar relationship between Archarina and Customer. Archarina acts solely as a technology and workflow provider.
Customer agrees to comply with all applicable payment partner agreements, processor requirements, bank requirements, card network rules, NACHA rules, operating regulations, underwriting requirements, risk policies, and compliance obligations, as amended from time to time.
Customer represents and warrants that it is solvent and able to satisfy chargebacks, refunds, ACH returns, reversals, penalties, reserves, fees, and obligations arising from use of ArcPay.
Customer shall indemnify Archarina from losses, penalties, assessments, fines, claims, investigations, NACHA assessments, bank penalties, processor penalties, or regulatory actions arising from Customer ACH activity.
Archarina may establish, increase, reduce, maintain, extend, or release reserves in its sole discretion. Reserves may be maintained for up to 180 days after termination, or longer if required by law, payment partner requirements, disputes, chargebacks, ACH returns, or investigations.
Customer authorizes Archarina to share Customer and transaction information with payment partners, banks, processors, networks, fraud providers, auditors, regulators, and law enforcement as reasonably necessary.
Customer shall maintain records and provide them upon request for compliance, underwriting, fraud investigations, and regulatory obligations.
Archarina retains all right, title, and interest in ArcPay and related intellectual property. Customer retains ownership of Customer Data.
Customer assigns to Archarina all rights in feedback, suggestions, enhancement requests, recommendations, comments, and ideas relating to ArcPay.
Archarina shall not be liable for failures caused by events beyond its reasonable control including cyberattacks, processor outages, bank outages, network failures, natural disasters, governmental actions, and third-party service failures.
Customer bears losses arising from fraud, account takeover, compromised credentials, social engineering, friendly fraud, or misuse of Customer systems unless directly caused by Archarina willful misconduct.
Section 27 Enhancement – Class Action and Jury Waiver
Disputes must be brought individually and not as class, collective, representative, or mass actions. Each party waives jury trial rights to the fullest extent permitted by law.
Payment obligations, reserves, chargebacks, ACH returns, indemnities, fraud obligations, and collection obligations survive termination until fully satisfied.
