Anton Payments

Legal

Terms of Service

Last updated: January 2024

1. Agreement to Terms

By accessing or using Anton Payments services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you disagree with any part of these terms, you may not access or use our services. These terms constitute a legally binding agreement between you and Anton Payments, Inc. ("Anton Payments," "we," "us," or "our").

If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms, in which case the terms "you" or "your" shall refer to such entity.

2. Description of Service

Anton Payments provides a comprehensive payment processing infrastructure platform that enables businesses to facilitate global payouts to recipients worldwide. Our services include, but are not limited to:

  • Payment processing and routing services (ACH, Wire, Card, Check, and other payment methods)
  • Multi-currency foreign exchange (FX) services
  • Smart routing to multiple payment providers and networks
  • Batch payment processing and file upload capabilities
  • API access for programmatic payment management
  • Merchant onboarding and KYC/KYB compliance tools
  • Payee vaulting and secure data storage
  • Webhook notifications for real-time payment status updates
  • Balance management and pre-funding services
  • Compliance and regulatory reporting tools
  • Referral partner management systems

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you.

3. Account Registration and Eligibility

To use our services, you must create an account and provide accurate, complete, and current information. You must be at least 18 years old and have the legal capacity to enter into binding contracts. You represent and warrant that:

  • All information you provide is accurate, current, and complete
  • You will maintain and promptly update your account information
  • You are authorized to use the payment methods and bank accounts you link to your account
  • You will not create multiple accounts to circumvent our policies or limits
  • You are not located in a country subject to U.S. or international sanctions
  • You are not on any list of prohibited or restricted parties

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

4. Acceptable Use

You agree not to use our services to:

  • Violate any applicable laws, regulations, or industry standards
  • Process payments for illegal activities, including but not limited to:
    • Money laundering, terrorist financing, or other financial crimes
    • Fraud, theft, or other criminal activities
    • Sale of illegal goods or services
    • Gambling or gaming activities where prohibited by law
    • Adult content or services where prohibited by law
  • Engage in any activity that violates the rights of others, including intellectual property rights
  • Interfere with or disrupt our services, servers, or networks
  • Attempt to gain unauthorized access to our systems, accounts, or data
  • Use automated systems (bots, scrapers) to access our services without authorization
  • Reverse engineer, decompile, or disassemble any part of our services
  • Transmit viruses, malware, or other harmful code
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Collect or harvest information about other users without their consent
  • Use our services in a manner that could damage, disable, or impair our services

We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including reporting to law enforcement authorities.

5. Fees and Payment Terms

Our fees are disclosed at the time of service and may vary based on the type of transaction, payment method, currency, and other factors. You agree to pay all applicable fees for services rendered. Fees may include:

  • Transaction processing fees (per transaction or percentage-based)
  • Foreign exchange (FX) fees and currency conversion charges
  • Monthly or annual subscription fees for platform access
  • API usage fees
  • Chargeback and dispute fees
  • Account maintenance fees
  • Expedited processing fees

Pre-Funding Requirement: You must maintain sufficient funds in your account balance to cover all pending and processed payouts, plus applicable fees. We may require you to pre-fund your account before processing payouts.

Payment Authorization: By initiating a payout, you authorize us to debit your account balance or linked payment method for the payout amount plus applicable fees.

Non-Refundable Fees: All fees are non-refundable unless otherwise stated in writing or required by law. Refunds of transaction fees may be provided at our sole discretion in cases of service errors or technical failures.

Tax Obligations: You are solely responsible for determining and paying any taxes applicable to your use of our services. We may be required to collect and remit taxes in certain jurisdictions.

6. Compliance and Regulatory Requirements

As a payment processor, we are subject to various laws and regulations, including but not limited to:

  • Anti-Money Laundering (AML) laws and regulations
  • Know Your Customer (KYC) and Know Your Business (KYB) requirements
  • Office of Foreign Assets Control (OFAC) sanctions compliance
  • Bank Secrecy Act (BSA) requirements
  • Payment Card Industry Data Security Standard (PCI DSS)
  • General Data Protection Regulation (GDPR) and other data protection laws
  • State and federal money transmitter licensing requirements

You are responsible for complying with all applicable laws and regulations in your jurisdiction and the jurisdictions where you operate. You agree to:

  • Provide accurate and complete information for identity verification
  • Cooperate with our compliance and due diligence requests
  • Notify us immediately of any changes to your business or regulatory status
  • Maintain appropriate records as required by law
  • Not use our services to evade taxes or other legal obligations

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated any applicable law or regulation or pose a compliance risk.

7. Payment Processing and Settlement

Processing Times: Payment processing times vary by payment method, destination country, and other factors. Estimated processing times are provided for informational purposes only and are not guaranteed.

Payment Routing: We use smart routing technology to select payment providers and networks. We reserve the right to route payments through any provider or network we deem appropriate, subject to your preferences where applicable.

Failed Payments: If a payment fails due to incorrect recipient information, insufficient funds, or other reasons, we will attempt to notify you. You are responsible for ensuring the accuracy of recipient information. We are not liable for payments sent to incorrect recipients based on information you provide.

Reversals and Refunds: Once a payment is processed, it generally cannot be reversed except in cases of fraud, error, or as required by law. Refund requests must be submitted through our platform and are subject to our review and approval.

8. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by Anton Payments or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes in accordance with these terms. This license does not include any right to:

  • Resell or sublicense our services
  • Use our services to build a competing product or service
  • Copy, modify, or create derivative works of our services
  • Remove any proprietary notices or labels
  • Use our trademarks, logos, or other proprietary information without our written consent

9. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these terms by reference. We collect, use, and protect your data in accordance with our Privacy Policy and applicable data protection laws.

You grant us a worldwide, royalty-free license to use, store, and process your data as necessary to provide our services, comply with legal obligations, and improve our services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANTON PAYMENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your use or inability to use our services
  • Any unauthorized access to or use of our servers or data
  • Any interruption or cessation of transmission to or from our services
  • Any bugs, viruses, trojan horses, or similar items transmitted through our services
  • Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services
  • Delays, failures, or errors in payment processing
  • Actions or inactions of third-party payment providers or networks

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Anton Payments and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our services
  • Your violation of these terms
  • Your violation of any law or regulation
  • Your violation of any third-party rights
  • Any content or data you submit, post, or transmit through our services
  • Any payments you initiate or receive through our services

12. Termination

Termination by You: You may terminate your account at any time by contacting us or using the account termination features in our platform. Upon termination, you remain responsible for all fees and charges incurred prior to termination.

Termination by Us: We may terminate or suspend your account and access to our services immediately, without prior notice, for any breach of these Terms of Service, violation of applicable laws, or for any other reason we deem necessary, including but not limited to:

  • Non-payment of fees
  • Fraudulent or illegal activity
  • Violation of compliance requirements
  • Extended period of account inactivity
  • Threats to the security or integrity of our services

Effect of Termination: Upon termination, your right to use our services will immediately cease. We may delete your account and data, subject to our data retention policies and legal obligations. Outstanding balances and fees remain due and payable.

13. Dispute Resolution

Governing Law: These terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to these terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

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.

14. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of any material changes by:

  • Posting the new Terms of Service on this page
  • Updating the "Last updated" date
  • Sending you an email notification (for material changes)
  • Displaying a notice in our platform

Your continued use of our services after such modifications constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you must stop using our services and terminate your account.

15. General Provisions

Entire Agreement: These terms, together with our Privacy Policy and any other legal notices published on our platform, constitute the entire agreement between you and Anton Payments regarding our services.

Severability: If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain 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.

Assignment: You may not assign or transfer these terms or your rights hereunder, in whole or in part, without our prior written consent. We may assign these terms or any rights hereunder without your consent.

Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or failures of third-party service providers.

16. Contact Information

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

Anton Payments, Inc.
Email: [email protected]
Support: [email protected]