Terms of Service
These Terms of Service (these "Terms") constitute a binding agreement between you ("You" or "Merchant") and Clear Gate Finance Inc. (the "Company"), governing your access to and use of Clear Gate Finance's products and services (the "Services"). By registering for an account or using the Services, you agree to be bound by these Terms.
1. Service Introduction
Clear Gate Finance offers an integrated suite of payment products that allow you to accept and process end-user payments. The Services described in these Terms include:
- Brick: a global credit card processing platform that enables You to accept payments via major card networks, including Visa, Mastercard, American Express, and Discover.
- PayAlto: a local and alternative payment methods platform, enabling You to accept local cards, e-wallets, bank transfers, mobile payments, and other region-specific payment methods.
- Gateway: a unified payment gateway that allows You to route transactions across multiple merchant accounts and processing relationships through a single integration.
2. Your Clear Gate Account
To use the Services, You must register for a Clear Gate Finance account and provide accurate, current, and complete information, including your business name, address, contact details, business identification, website URL, nature of business, and beneficial ownership information. Accounts remain preliminary until reviewed and approved by Clear Gate Finance. You are responsible for maintaining the accuracy of your account information and for all activity that occurs under your account.
3. Account Validation and Underwriting
Clear Gate Finance may, at any time, request additional documentation to validate your identity and business, including invoices, identification documents, licenses, and financial statements. Clear Gate Finance may also obtain information about You from third parties, including credit history and risk-related data, for the purpose of underwriting and ongoing risk management. Failure to provide requested information may result in suspension or termination of your account.
4. Fees and Charges
Use of the Services is subject to the fees set out in your applicable pricing schedule, which may include transaction processing fees, cross-border or currency conversion fees, and other charges associated with your use of the Services. Clear Gate Finance may revise its fees from time to time upon reasonable notice to You.
5. User Responsibilities
You are responsible for ensuring that your use of the Services complies with all applicable laws and payment network rules, for maintaining accurate account information, for safeguarding your account credentials, and for promptly notifying Clear Gate Finance of any material change to your business, including changes in ownership, financial condition, or the nature of the goods or services You offer.
6. Intellectual Property Rights
Clear Gate Finance and its licensors retain all right, title, and interest in and to the Services, including all related software, trademarks, and documentation. You may not copy, modify, distribute, or create derivative works based on the Services except as expressly permitted under these Terms. You represent that You own or have the necessary rights to any content, trademarks, or materials You make available in connection with your use of the Services.
7. Termination
Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within a reasonable period. Clear Gate Finance may immediately suspend or terminate your account in the event of fraudulent, unlawful, or otherwise harmful activity. Upon termination, Clear Gate Finance may withhold or delay payment of any outstanding balances for a reasonable period to account for chargebacks, refunds, or other liabilities.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CLEAR GATE FINANCE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLEAR GATE FINANCE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. CLEAR GATE FINANCE'S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO CLEAR GATE FINANCE FOR THE SERVICES GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Clear Gate Finance, its affiliates, processors, and licensors from and against any claims, losses, liabilities, and expenses, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law or third-party right, or your use of the Services.
11. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of laws principles. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Clark County, Nevada.