Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Easy Pay Direct LLC, doing business as EPD.com (“EPD.com,” “we,” “us,” or “our”), a Texas limited liability company located at 2028 E Ben White Blvd 240-2006, Austin, Texas 78741. They govern your access to and use of EPD Commerce, our commerce and payments software platform, including its websites, dashboards, checkout pages, payment links, APIs, integrations, and related services (together, the “Platform”).

By creating an account, clicking to accept these Terms, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

PLEASE READ SECTION A15 (DISPUTE RESOLUTION) CAREFULLY. IT INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

How These Terms Are Organized

These Terms are one agreement made up of the following parts:

• Part A - General Terms. Apply to everyone who uses the Platform.
• Part B - Merchant Terms. Apply to businesses that use the Platform to sell products or services and accept payments.
• Part C - Payment Services Terms. Apply to your use of payment processing, payment methods, and payment-related features through the Platform.
• Part D - Partner Terms. [Reserved - to be drafted.] Apply to referral, reseller, and white-label partners.
• Part E - Developer Terms. [Reserved - to be drafted.] Apply to use of our APIs, SDKs, webhooks, and developer tools.

The following policies are incorporated into these Terms by reference: our [Privacy Policy], [Acceptable Use and Prohibited Businesses Policy], [Data Processing Addendum], and any feature-specific terms we present to you (together, “Policies”). If a feature-specific term conflicts with these Terms for that feature, the feature-specific term controls for that feature.

How the agreements fit together.

1. These Terms govern the EPD Commerce Platform, your use of it, Platform Fees, and EPD.com’s rights and obligations.
2. Processor Agreements, accepted separately through the processor onboarding flow, govern card processing, underwriting, settlement, reserves, chargebacks, Payment Fees, and other processing obligations.
3. Terms for Third-Party Payment Services, when you enable them, govern those services.

EPD.com is not responsible for obligations that belong to a Payment Partner under a Third-Party Agreement.

Independent agreements. You may also enter into separate agreements directly with Payment Providers and Third-Party Payment Service providers, such as a merchant processing agreement you sign electronically during onboarding, or terms you accept when you enable a payment method (each a “Third-Party Agreement”). Third-Party Agreements are separate from these Terms and are not reproduced here. You are bound by each Third-Party Agreement you accept. Section C2 explains how these Terms relate to Third-Party Agreements.

Part A - General Terms

A1. What EPD Commerce Is

EPD Commerce is a software platform that helps businesses sell online, accept payments, manage customers and subscriptions, and analyze their business. EPD Commerce connects your business to one or more third-party payment processors, acquiring banks, gateways, and payment method providers (each a “Payment Provider”).

EPD.com is a technology provider. Under the Payment Services currently offered through the Platform, EPD.com does not act as the merchant of record, payment processor, acquiring bank, or settlement entity, and is not a bank or money transmitter. Payment processing and settlement of funds are performed by Payment Providers under your agreements with them, as described in Part C. If EPD.com offers a Payment Service under a different structure in the future, additional or different terms will be presented to you before you use that service.

A2. Definitions

• “Account” means your EPD Commerce account and any sub-accounts.
• “Customer” means a person or business that buys from you or pays you through the Platform.
• “Merchant,” “you,” or “your” means the business that registers for an Account, and, where the context requires, the individual accepting these Terms on its behalf.
• “Payment Provider” has the meaning in Section A1. Payment Providers process card and other core payment transactions (for example, processors, acquiring banks, and gateways).
• “Payment Partner” means any Payment Provider or any provider of a Third-Party Payment Service.
• “Payment Services” means the services Payment Partners provide, including authorization, processing, settlement, funding, underwriting, risk decisions, chargeback handling, and Third-Party Payment Services.
• “Third-Party Payment Services” means payment methods, wallets, financing, and payment sources provided by a third party and made available through the Platform, including but not limited to Apple Pay, Google Pay, PayPal, Venmo, buy now, pay later and installment products, ACH and bank payments, and any other third-party payment source.
• “Processor Agreement” means any agreement between you and a Payment Provider, including merchant processing agreements and merchant applications.
• “Third-Party Agreement” has the meaning in “How These Terms Are Organized” above, and includes Processor Agreements and the terms of any Third-Party Payment Service.
• “Network Rules” means the rules of Visa, Mastercard, American Express, Discover, Nacha, and any other payment network or scheme.
• “Platform Fees” means only the recurring subscription fees (and any add-on fees we expressly designate as Platform Fees) that you pay EPD.com for access to and use of the Platform software. Platform Fees do not include Payment Fees.
• “Payment Fees” means all fees, charges, and amounts for or relating to Payment Services, whether charged by EPD.com or a Payment Partner, and whether collected directly or on someone else’s behalf. (Payment Partners and Third-Party Payment Services describe who provides a service; Payment Fees describe what you pay for it.) Payment Fees include interchange, card network assessments, any markup on interchange or assessments, discount rates, per-transaction and authorization fees, gateway fees, chargeback and retrieval fees, reserve-related amounts, refund fees, payout or settlement fees, currency conversion fees, network fines and penalties, and fees for any Third-Party Payment Service. Any revenue EPD.com earns from payment processing, including residuals or revenue share from Payment Providers, is not a Platform Fee.
• “Your Data” means data you or your Customers submit to the Platform, including product, order, customer, and transaction information.

A3. Eligibility and Accounts

Business use only. The Platform is for business use. You may not use it for personal, family, or household purposes. By accepting these Terms, you confirm that you are at least 18 years old, that you are acting on behalf of a business, and that you have authority to bind that business to these Terms.

Location. [The Platform is currently available only to businesses organized and operating in the United States.]

Accurate information. You must provide accurate, complete, and current information during registration and keep it up to date. This includes business, ownership, banking, and contact information.

Account Owner and users. The business that registers is the Account Owner. You may invite users to your Account. You are responsible for all activity under your Account, including activity by your users, and for setting each user’s permissions.

Security. You must keep login credentials, API keys, and other access credentials confidential and notify us promptly at [[email protected]] of any unauthorized access or suspected security incident.

Waitlist and access. We may limit access to the Platform, including through a waitlist, invitation, or beta program, and may decline to open or continue an Account at our discretion.

A3A. Electronic Signatures and Records

Consent to electronic transactions. You agree to do business with EPD.com electronically. You agree that agreements, disclosures, notices, and other records may be provided to you, and signed or accepted by you, electronically.

Adopted signature. During signup or onboarding, you may be asked to adopt an electronic signature. You authorize EPD.com to apply your adopted electronic signature to any agreement, application, or other document that you accept through the Platform by clicking “Agree,” “Accept,” or a similar button. This includes these Terms, Third-Party Agreements, and applications for Payment Services. Each time you accept a document this way, that acceptance is your signature on that document, with the same legal effect as a handwritten signature.

Authority to sign. Each time you accept a document through the Platform, you confirm that you are authorized to sign it on behalf of your business. Some documents, such as processor applications or personal guarantees, must be accepted by an owner, officer, or guarantor. You agree that only a person with the required authority will accept those documents.

Sharing signed documents. You authorize EPD.com to deliver documents you sign through the Platform, together with your adopted signature and acceptance record, to the Payment Partner or other party to that document.

Records and copies. We keep a record of each acceptance, including the document version, the signer’s identity, and the date and time. You may access copies of documents you have signed through your Account [or by contacting [email protected]]. You may request a paper copy at any time.

A4. Platform Fees and Payment Fees

Platform Fees. You agree to pay the Platform Fees for your selected plan, as shown on our [pricing page] or in your Account when you subscribe. We keep a record of the plan, Platform Fees, billing frequency, and any trial or promotional terms you accepted, along with the date and time you accepted them. That record controls what you signed up for.

Payment Fees are separate. Payment Fees are not Platform Fees. Payment Fees are set by, and may change under, the applicable Third-Party Agreement or the fee schedule presented to you for that payment service. Payment Fees may be charged or collected by EPD.com, a Payment Provider, or a Third-Party Payment Service provider, depending on your setup.

Billing and renewal. Platform Fees are billed in advance on a monthly basis [or annual basis if selected] and automatically renew until you cancel. You authorize us to charge Platform Fees to your payment method on file as described in Section A4A.

Failed payments. If a payment fails, we may retry the charge, ask you to update your payment method, and suspend your Account until the balance is paid.

Changes to Platform Fees. We may change Platform Fees or plan features with at least 30 days’ notice. Changes take effect at the start of your next billing period after the notice period. If you do not agree to the change, you may cancel before it takes effect.

Changes to Payment Fees. Payment Fees may change according to the terms of the applicable Third-Party Agreement, including any notice period that agreement provides. The 30-day notice period above does not apply to Payment Fees. Where EPD.com receives notice of a Payment Fee change that affects you, we will make reasonable efforts to pass that notice on to you.

Taxes. Platform Fees do not include taxes. You are responsible for all applicable taxes on Platform Fees, other than taxes on EPD.com’s income.

Refunds. Except where required by law or expressly stated in writing, Platform Fees are non-refundable, and we do not provide refunds or credits for partial billing periods. [Optional: First-month refund within [30] days.]

Cancellation. You may cancel your plan at any time in your Account settings or by contacting [[email protected]]. Cancellation takes effect at the end of your current billing period.

A4A. Amounts You Owe and Payment Authorization

Payment methods on file. You must keep a valid payment card and a valid business bank account for ACH debits on file with EPD.com.

Authorization. You authorize EPD.com to charge your payment card on file, or to debit your bank account on file by ACH, for any amount you owe under these Terms. This includes Platform Fees, reimbursement amounts under Section C5A, and indemnification amounts under Section A14. This authorization covers one-time and recurring debits, and stays in effect until all amounts you owe are paid, even after these Terms end. You agree that these Terms are your written authorization for ACH debits under Nacha rules. We may also invoice you, but are not required to.

Notice. Where practicable, we will notify you before charging or debiting amounts other than regularly scheduled Platform Fees.

Failed payments. If a charge or debit fails or is reversed, we may retry it, use another payment method on file, suspend your Account, and pursue collection. You are responsible for reasonable collection costs, including attorneys’ fees.

A5. Acceptable Use

You agree not to, and not to allow others to:

• use the Platform in violation of law, Network Rules, your Processor Agreements, or our Policies;
• sell products or services listed in our Acceptable Use and Prohibited Businesses Policy, or that a Payment Provider has not approved for your Account;
• submit transactions that do not reflect a genuine sale of goods or services by you to a Customer, including factoring, laundering, or processing on behalf of another business;
• use transaction splitting, micro-billing, card testing, or other tactics to evade fraud controls, risk monitoring, or network thresholds;
• access, copy, reverse engineer, or interfere with the Platform except as these Terms allow;
• use the Platform to build a competing product, or to benchmark it for publication without our written consent; or
• upload malicious code or attempt to gain unauthorized access to the Platform or other accounts.

A6. Ownership and Licenses

Our Platform. EPD.com and its licensors own the Platform, including all software, designs, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform for your internal business purposes during your subscription.

Your Data. You own Your Data. You grant EPD.com a non-exclusive, worldwide, royalty-free, perpetual license to host, copy, process, transmit, display, analyze, modify, and otherwise use Your Data to provide, secure, maintain, improve, and develop the Platform and EPD.com’s other products and services, including developing, training, and improving artificial intelligence and machine learning models. This license is subject to applicable law, Network Rules, Third-Party Agreements, and our Privacy Policy.

Aggregated data. We may create aggregated or de-identified data from Your Data and use of the Platform, and may use it for any lawful purpose.

Your branding. You grant us a license to display your name, logos, and branding as needed to operate your checkout pages and storefronts. [Optional: and to identify you as a customer in marketing, unless you opt out by contacting us.]

Feedback. If you send us suggestions or feedback, we may use them without restriction or compensation.

A7. Privacy, Data Security, and PCI

Privacy. Our Privacy Policy explains how we handle personal information. Where we process personal information about your Customers on your behalf, our Data Processing Addendum applies.

Security. We maintain administrative, technical, and physical safeguards designed to protect Your Data. Payment card data is stored and tokenized through PCI DSS compliant vault providers.

Your obligations. You are responsible for your own compliance with PCI DSS and applicable data protection laws for any systems you control, for obtaining any notices and consents required from your Customers, and for not sending raw card data to the Platform except through the payment fields and tools we provide.

A8. Third-Party Services and Integrations

The Platform can connect with third-party services, such as shopping carts, CRMs, marketing tools, and accounting software (“Third-Party Services”). Third-Party Services are governed by their own terms and privacy policies. We do not control them and are not responsible for their availability, accuracy, security, or results. When you connect a Third-Party Service, you authorize us to exchange Your Data with it as needed to perform the integration.

A9. AI Features

The Platform includes features that use artificial intelligence, including the Professor, our AI assistant, and other agentic features that can analyze data, answer questions, build reports, and take actions in your Account (“AI Features”).

Models. AI Features may be powered by models that EPD.com hosts or operates, including open-source models, or by models provided through third-party AI or cloud providers. We may change the models and providers we use at any time. These Terms apply to AI Features no matter which model or provider is used.

Data used by AI Features. AI Features process Your Data, including inputs you provide and outputs they generate. EPD.com’s use of that data is governed by Section A6.

Review and approval. AI outputs may be inaccurate or incomplete. You are responsible for reviewing outputs before relying on them. AI Features that take actions in your Account or connected systems require your approval before those actions are carried out, unless you explicitly configure otherwise. Once you approve or configure an action, you are responsible for it.

Not professional advice. AI outputs are not legal, tax, accounting, or financial advice.

Payment credentials. [AI Features do not receive full payment card numbers or other sensitive payment credentials.]

A10. Beta Features

We may offer features identified as beta, preview, early access, or closed beta (“Beta Features”). Beta Features are provided as is, may change or be discontinued at any time, may have limited support, and are excluded from any service-level commitments.

A11. Suspension and Termination

By you. You may stop using the Platform and cancel your plan at any time under Section A4. Cancelling your plan does not terminate your Processor Agreements, which you must close separately with each Payment Provider.

By us. We may suspend or terminate your Account, or any feature, with notice where practical, if:

• you breach these Terms, our Policies, or a Processor Agreement;
• a Payment Provider requests suspension or terminates your processing;
• we reasonably suspect fraud, illegal activity, excessive chargebacks, or risk to the Platform, Customers, or Payment Providers;
• required by law, Network Rules, or a government authority; or
• you fail to pay Platform Fees.

We may also terminate these Terms for convenience with [30] days’ notice.

Effect of termination. On termination, your right to use the Platform ends and unpaid Platform Fees become due. For [30] days after termination, you may request an export of Your Data in a standard format. Transfer of stored payment tokens is covered in Section C9. After that period, we may delete Your Data, except where we must retain it by law, Network Rules, or Payment Provider requirements.

Survival. Sections that by their nature should survive termination will survive, including fees owed, ownership, disclaimers, limitation of liability, indemnification, and dispute resolution.

A12. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EPD.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY TRANSACTION WILL BE APPROVED, OR THAT FRAUD TOOLS, DECLINE RECOVERY, OR ROUTING FEATURES WILL ACHIEVE ANY PARTICULAR RESULT. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF PAYMENT PROVIDERS, PAYMENT NETWORKS, OR THIRD-PARTY SERVICES.

A12A. Platform Services vs. Payment Partner Matters

EPD.com provides and operates the Platform subject to the disclaimers in Section A12 and the limits in Section A13. The Platform is separate from the Payment Services performed by Payment Partners.

The handoff point. Once a Payment Partner receives a payment instruction from the Platform, or once a transaction is initiated outside EPD Commerce checkout, payment links, or API (for example, directly through a third-party cart connected to a gateway), everything that happens next is a “Payment Partner Matter.” Payment Partner Matters include:

• underwriting, merchant approval, account closure, and credit decisions;
• authorizations, declines, and authorization outcomes;
• settlement, funding, and payout timing;
• holds, reserves, and withheld funds;
• chargebacks, disputes, and refund decisions;
• Payment Fees, fines, and assessments;
• outages, errors, or delays in a Payment Partner’s systems or in payment networks; and
• a Payment Partner’s performance or breach of a Third-Party Agreement.

No liability for Payment Partner Matters. EPD.com has no liability for Payment Partner Matters, even if the transaction was submitted through the Platform or the outcome appears in your dashboard.

Reporting and analytics. Dashboards, reports, analytics, forecasts, AI-generated summaries, and other reporting features are provided for information only. They may be delayed, estimated, rounded, or incomplete. Your Payment Partner’s records and statements are the official record of your transactions, settlements, and Payment Fees. If you believe reporting is inaccurate, tell us and we will use reasonable efforts to correct it.

Help with Payment Partner Matters. We will use reasonable efforts to provide transaction logs and records we hold, help you contact the right Payment Partner, and escalate issues through our partner channels. Doing so does not make EPD.com responsible for the outcome.

Sole remedy for Platform issues. If the Platform does not function as documented, your sole and exclusive remedy, and EPD.com’s sole obligation, is for EPD.com to use commercially reasonable efforts to correct the issue and, where possible, resubmit or reverse the affected transaction. Any other liability is subject to Section A13.

A13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) EPD.COM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY; AND

(b) EPD.COM’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE PLATFORM FEES YOU PAID TO EPD.COM IN THE [THREE (3)] MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. PAYMENT FEES, AND ANY REVENUE EPD.COM EARNS FROM PAYMENT PROCESSING OR THIRD-PARTY PAYMENT SERVICES, ARE NOT COUNTED IN THIS AMOUNT.

As stated in Section A12A, EPD.com has no liability for Payment Partner Matters.

Exceptions. The limits in this Section A13 do not apply to: (i) your obligation to pay Platform Fees, Payment Fees, or other amounts owed; (ii) your indemnification obligations under Section A14; (iii) your breach of Section A5 (Acceptable Use), Network Rules, or a Third-Party Agreement; (iv) a party’s fraud, gross negligence, or willful misconduct; or (v) liability that cannot be limited by law.

of Platform Fees or a fixed dollar amount), aligned to EPD’s cyber insurance limits. Consider whether to make the general cap mutual to support enforceability. Kajabi caps at the greater of one month’s fees or $200; Kajabi Payments caps at the lesser of one month’s fees or $100.]

A14. Indemnification

You will defend, indemnify, and hold harmless EPD.com, its affiliates, and their officers, employees, and agents, and the Payment Providers, from any claims, losses, fines, penalties, assessments, and expenses (including reasonable attorneys’ fees), whether brought by a third party or imposed on EPD.com by a Payment Partner or payment network, to the extent arising from:

• (a) your products, services, or business;
• (b) your transactions;
• (c) your conduct, or the conduct of your users;
• (d) claims by your Customers or relating to your Customers;
• (e) chargebacks, reversals, refunds, or unauthorized or fraudulent transactions attributable to you or your transactions;
• (f) your violation of Network Rules;
• (g) your breach of these Terms or a Third-Party Agreement;
• (h) your violation of applicable law;
• (i) Your Data; or
• (j) your use of Third-Party Services.

This Section does not mean EPD.com assumes any chargeback, merchant-loss, or processing obligation. It protects EPD.com when such an obligation of yours is asserted against EPD.com.

A15. Dispute Resolution

Scope. This Section covers disputes between you and EPD.com about the Platform, Platform Fees, or these Terms. Disputes about payment processing, settlement, reserves, or chargebacks are governed by the dispute resolution terms in the applicable Processor Agreement. Disputes between you and your Customers are solely between you and your Customers.

Informal resolution first. Before filing a claim, you agree to send written notice to [[email protected]] describing the dispute and the resolution you want. We will try in good faith to resolve it within 30 days.

Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.

Venue. Any claim not resolved informally must be brought exclusively in the state or federal courts located in Travis County, Texas, and both parties consent to their jurisdiction. Either party may bring a qualifying claim in small claims court.

Jury trial waiver. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM.

Class action waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Time limit. Any claim must be brought within one year after it arises.

A16. Changes to These Terms

We may update these Terms from time to time. Changes to Payment Fees are governed by Section A4, not this Section. If a change to these Terms is material, we will notify you by email or in your Account at least [30] days before it takes effect, unless the change is required by law, a Payment Partner, or Network Rules, in which case it may take effect sooner, subject to Section C11. Continued use of the Platform after the effective date means you accept the updated Terms.

A17. General

• Notices. We may send notices by email to your Account Owner address or through the Platform. You agree that electronic notices satisfy any requirement that notices be in writing. Legal notices to us go to Easy Pay Direct LLC dba EPD.com, 2028 E Ben White Blvd 240-2006, Austin, TX 78741, with a copy to [[email protected]].
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of Payment Providers, payment networks, or hosting providers.
• Independent parties. The parties are independent contractors.
• No third-party beneficiaries. Except for Payment Providers as stated in Sections A14 and C2, these Terms do not create rights for any third party, including your Customers.
• Entire agreement. These Terms and the Policies are the entire agreement between you and EPD.com about the Platform. They do not replace, and are not replaced by, any Third-Party Agreement.
• Severability and waiver. If any provision is unenforceable, the rest remain in effect. Failure to enforce a provision is not a waiver.
• Export and sanctions. You represent that you are not located in a sanctioned country or listed on a U.S. government restricted-party list.

Part B - Merchant Terms

B1. You Are the Seller

EPD Commerce is not a marketplace. Every sale made through the Platform is a direct agreement between you and your Customer. You are the seller and the merchant of record for all your transactions. EPD.com is not a party to your sales and does not sell, supply, license, or deliver your products or services.

You are responsible for your products and services, including their descriptions, pricing, delivery, quality, legality, customer support, refunds, and cancellations.

B2. Required Customer-Facing Terms and Disclosures

Your Customers do not agree to these Terms. You must provide your own customer-facing terms. On your storefront, checkout pages, or website you must clearly display:

• your business name and contact information for customer support;
• your terms of sale or terms of service;
• your refund, return, and cancellation policy;
• your privacy policy; and
• any other disclosures required by law or Network Rules for your business.

Account-level and product-level terms. The Platform lets you set default customer-facing terms and policies for your Account, which apply to all of your products, including imported products. You may override the defaults for individual products. We display the terms and policies you provide as you provide them. We do not review them, and you are responsible for their content, accuracy, and legal compliance.

You may not represent EPD.com as the seller, supplier, or licensor of your products, or as responsible for your refund decisions. Where checkout pages state that payments are processed through EPD Commerce or a Payment Provider, that statement identifies the payment technology only.

B3. Recurring Billing, Trials, and Consent

If you sell subscriptions, memberships, installment plans, free trials, or metered or usage-based plans, you are responsible for:

• clearly disclosing the price, billing frequency, trial terms, and cancellation method before the Customer agrees;
• obtaining the Customer’s express consent to recurring or future charges, and keeping a record of that consent;
• providing an easy way to cancel, and honoring cancellations promptly; and
• complying with all applicable automatic-renewal, subscription, and consumer protection laws (including the federal Restore Online Shoppers’ Confidence Act and state automatic-renewal laws) and Network Rules.

EPD Commerce provides tools to create and manage these offers. Using those tools does not shift your legal responsibility for them to EPD.com.

B4. Usage Data and Billing Instructions

When you use metered billing, invoicing, coupons, or similar features, the Platform charges Customers based on the plans, prices, and usage data you configure or submit. You are responsible for the accuracy of that configuration and data. EPD.com is not responsible for charges that result from your instructions.

B5. Customer Support, Refunds, and Disputes

You must provide customer support for your products and services and resolve Customer complaints directly with your Customers. Refund decisions are yours alone. When you instruct a refund through the Platform, the Platform submits that instruction to the applicable Payment Provider. Chargebacks are covered in Section C5.

B6. Taxes

You are responsible for determining, collecting, reporting, and remitting all taxes on your sales. Any tax calculation tools we provide are for convenience and do not make EPD.com responsible for your tax obligations.

B7. Fraud and Risk Tools

The Platform includes fraud and risk tools, such as velocity limits, address and security code checks, and blocking rules. Some tools are set by default and some you configure. These tools reduce risk but do not prevent all fraud. You are responsible for fraudulent and unauthorized transactions on your Account to the extent provided under the applicable Processor Agreement, Third-Party Payment Service terms, Network Rules, and applicable law. We may apply or adjust platform-level fraud controls at any time to protect the Platform, Payment Providers, and payment networks.

B8. Marketing and Communications to Customers

If you use the Platform to send emails, text messages, or other communications to Customers (for example, receipts, dunning notices, or abandoned-cart reminders), you are responsible for obtaining any required consent and for complying with applicable laws, including CAN-SPAM and the Telephone Consumer Protection Act.

B9. Importing Products and Content

The Platform can import products and related content, such as names, descriptions, images, pricing, variants, and inventory, from a website, store, marketplace, or other source you identify (an “Import Source”).

Authorization. When you start an import, you authorize EPD.com and its service providers to access the Import Source and to collect, copy, store, and process content from it. This may be done through automated tools, for the purpose of creating and maintaining your products on the Platform.

Your rights and responsibilities. You confirm that:

• you own or control the Import Source, or have permission from its owner to import its content;
• you have the rights needed to use the imported content on the Platform, and to grant the license in Section A6; and
• importing the content does not violate the terms of the Import Source or any platform it is hosted on (for example, an ecommerce or marketplace platform), or anyone else’s rights.

Accuracy. Imported content may not transfer completely or accurately. You are responsible for reviewing imported products, including prices, descriptions, and availability, before you offer them for sale. Unless you turn on a feature that keeps products synced, imported content is not updated automatically when the Import Source changes.

Imported content is Your Data. Imported content is treated as Your Data under these Terms. We may refuse to import, or remove, content that violates these Terms or our Policies.

Part C - Payment Services Terms

C1. Our Role in Payments

EPD Commerce provides software that lets you route, manage, and report on payments processed by Payment Providers. Depending on your setup, we may help with:

• submitting your applications to Payment Providers, and supporting underwriting;
• sending transaction instructions to Payment Providers on your behalf;
• tokenizing and storing payment credentials through our vault providers;
• routing and retrying transactions across Payment Providers you are approved to use; and
• reporting, reconciliation, and analytics.

You appoint EPD.com as your agent for the limited purpose of transmitting your transaction instructions and data to your Payment Providers. EPD.com does not take possession of your settlement funds.

C2. Payment Providers and Processor Agreements

Separate agreements. To accept payments, you must be approved by, and enter a Processor Agreement with, one or more Payment Providers. Each Payment Provider decides independently whether to approve you and on what terms. The Payment Providers available through the Platform may change over time.

How you receive them. You apply to Payment Providers and accept Processor Agreements separately, through the processor onboarding flow presented on the Platform. Processor Agreements are signed electronically as described in Section A3A, and a copy is provided to you. Terms for Third-Party Payment Services are presented when you enable the service. You are responsible for reviewing and complying with every Third-Party Agreement you accept. [You can access copies or links to your Third-Party Agreements in your Account.]

Order of precedence. If these Terms conflict with a Third-Party Agreement on a matter of payment processing, settlement, reserves, chargebacks, credit decisions, or Payment Fees, the Third-Party Agreement controls. Network Rules control over both. These Terms control on all matters about the Platform and Platform Fees.

EPD.com is not a party. Unless EPD.com signs a Third-Party Agreement as a party, we are not a party to it and are not liable for the third party’s performance under it. Payment Providers may rely on Section A14 (Indemnification) and this Section C2.

C3. Underwriting, Verification, and Information Sharing

You authorize EPD.com to collect information about your business, its owners, and its principals, and to share that information with Payment Providers, identity and business verification services, and fraud prevention services. This is for underwriting, verification, compliance, risk monitoring, and fraud prevention. You authorize us and Payment Providers to obtain credit and background reports about your business and its principals where permitted by law.

You must provide additional information or documents we or a Payment Provider reasonably request, including ongoing monitoring information. You must notify us promptly of material changes to your business, including changes in ownership, products, business model, or processing volume.

C4. Funds, Settlement, and Reserves

Payment Providers settle funds to your designated bank account under their Processor Agreements. Settlement timing, holds, reserves, and payout schedules are set by your Payment Providers. A Payment Provider may establish a reserve, delay settlement, or withhold funds as permitted by its Processor Agreement. EPD.com is not responsible for funds held or delayed by a Payment Provider.

C5. Chargebacks, Refunds, and Fines

You are responsible for all chargebacks, reversals, refunds, and related fees, fines, penalties, and assessments imposed by Payment Providers or payment networks on your transactions. You must maintain chargeback and fraud rates within the thresholds set by Network Rules and your Payment Providers. Excessive chargeback or fraud rates may result in fines, enrollment in network monitoring programs, reserves, suspension, or termination by a Payment Provider or by us.

The Platform may help you receive chargeback notices, submit evidence, and use chargeback prevention tools. EPD.com does not guarantee any chargeback outcome.

C5A. Reimbursement of Amounts Charged to EPD.com

If a Payment Partner or payment network charges, assesses, debits, or offsets against EPD.com any amount arising from your transactions, your conduct, or your breach of a Third-Party Agreement or Network Rules, you must reimburse EPD.com for that amount. This applies to the extent the amount would otherwise be your responsibility under the applicable Third-Party Agreement, Network Rules, or these Terms. Examples include chargebacks, reversals, refunds, fines, assessments, and negative balances.

Reimbursement is due on demand and may be collected under Section A4A. This Section does not make EPD.com responsible for, or a guarantor of, any of your obligations to a Payment Partner, and EPD.com does not assume chargeback or processing risk by providing the Platform.

C6. Feature Availability Varies by Payment Provider and Integration

Not all Platform features are available with every Payment Provider, payment method, or integration. Availability of features such as decline recovery, authorization optimization, routing, network tokens, account updater, chargeback data, and certain fraud controls depends on the Payment Provider and how the transaction is initiated.

For example, when a transaction is initiated directly through a third-party shopping cart or gateway connection rather than through EPD Commerce checkout, payment links, or API, some features may not apply to that transaction. We describe current feature availability in our [documentation / capability matrix], which we may update from time to time.

C7. Routing, Retries, and Decline Recovery

If you enable routing, cascading, retry, or decline recovery features, you authorize the Platform to submit or resubmit transactions to your approved Payment Providers under the rules you configure and our default settings. Retries are limited by Network Rules and Payment Provider requirements, and we may restrict retry behavior to comply with them. You are responsible for making sure your Customer consent and disclosures cover these practices.

C8. Third-Party Payment Services

The Platform may let you offer Third-Party Payment Services at checkout, such as buy now, pay later and installment financing, digital wallets (for example, Apple Pay, PayPal, and Venmo), and bank payments such as ACH.

• Each Third-Party Payment Service is provided by a third party under its own terms, which you must accept before enabling it. Those terms, including their fees and how fees change, govern your use of that service.
• The provider decides whether to approve you and, for financing options, whether to extend credit to your Customer. EPD.com is not a lender, does not extend credit, and does not make credit decisions.
• The provider may impose its own fees, eligibility rules, refund and dispute processes, product restrictions, and marketing requirements.
• You must follow each provider’s requirements for how the option is presented and advertised to Customers, including any required disclosures.

C9. Tokenization and Payment Data

Vault. Payment credentials collected through EPD Commerce checkout and payment fields are tokenized and stored by our PCI DSS compliant vault providers. You receive tokens that let you charge returning Customers through the Platform.

Third-party tokens. Some Payment Providers or integrations tokenize payment credentials in their own systems. Those tokens are governed by the provider’s terms, and their portability depends on that provider.

Token portability. If you leave the Platform, on your written request we will make commercially reasonable efforts to transfer stored payment credentials that we control to a PCI DSS compliant processor or vault you designate, subject to: (a) the recipient’s written confirmation of PCI DSS compliance; (b) Network Rules and applicable law; (c) any limits in our vault provider and Payment Provider agreements; and (d) payment of a [reasonable migration fee]. Requests must be made within [30] days after termination.

C10. Changes to Payment Providers

We may add, remove, or replace Payment Providers or Third-Party Payment Services available through the Platform. If a Payment Provider or Third-Party Payment Service you use is no longer available, we will give you as much notice as reasonably practicable and may offer a substitute provider. Moving to a substitute provider may require a new application and Processor Agreement.

C11. Payment Provider and Network Requirements

Payment Services are subject to requirements set by Payment Partners and payment networks. These may include requirements for eligibility and prohibited businesses, underwriting and ongoing monitoring, transaction limits, security and technical standards, dispute and refund procedures, required Customer disclosures, and brand and marketing rules.

We may change the Platform or your checkout to comply with those requirements, and those changes may take effect sooner than the notice period in Section A16. EPD.com will not accept a new material financial obligation on your behalf. Where a Payment Partner requirement calls for your separate agreement, we or the Payment Partner may require your acceptance as a condition of continued use of that Payment Service.

Part D - Partner Terms

[Reserved. To cover referral partners, resellers, agents, and white-label licensees: eligibility, referral tracking, compensation, payout schedule and holds, FTC disclosure, prohibited marketing, use of EPD marks, data handling, and termination.]

Part E - Developer Terms

[Reserved. To cover API keys and credentials, rate limits, webhook security, permitted and prohibited uses, PCI scope for developers, app distribution, changes to and deprecation of APIs, and termination of API access.]

Contact

Easy Pay Direct LLC dba EPD.com 2028 E Ben White Blvd 240-2006 Austin, TX 78741 [[email protected]] | [[email protected]]