Terms of Service

1. Introduction & Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the websites, software, products, services, platforms, equipment programs, merchant services, hosted systems, CRM infrastructure, applications, and related offerings provided by Day One Payment (“Day One Payment,” “Company,” “we,” “our,” or “us”).

By accessing, browsing, purchasing, submitting applications through, or using any Day One Payment services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Services.

2. Services Provided

Day One Payment provides business, technology, payment, software, automation, and merchant-related solutions which may include:

• Merchant payment processing solutions
• Credit and debit card acceptance services
• Point-of-sale (POS) systems
• Payment terminals and hardware
• Gateway and software integrations
• Merchant onboarding systems
• Hosted business websites
• CRM platforms
• AI-assisted tools and automation
• Marketing and lead generation tools
• QR code and NFC solutions
• Digital payment technologies
• Hosted applications and dashboards
• Equipment provisioning
• Domain and hosting services
• Business support services
• Future products, services, or integrations

Some services may be provided directly by Day One Payment, while others are facilitated through third-party providers, processors, financial institutions, software vendors, or partners.

3. Merchant Services & Financial Disclaimer

Day One Payment is not a bank, card network, or financial institution.

Merchant accounts, payment processing services, funding timelines, underwriting decisions, and risk approvals are controlled by third-party:

• Acquiring banks
• Payment processors
• Underwriting institutions
• Card networks
• Financial partners

Merchant approvals are not guaranteed.

Day One Payment does not independently:

• Approve merchant accounts
• Guarantee approvals
• Guarantee funding timelines
• Control underwriting decisions
• Guarantee processor acceptance

All merchant services remain subject to underwriting review, identity verification, risk assessment, compliance review, and ongoing monitoring.

Day One Payment may operate as a registered ISO/MSP in connection with certain payment processing programs.

4. Independent Agent & Partner Programs

Day One Payment may offer referral programs, agent programs, partner programs, residual programs, equipment resale opportunities, and marketing opportunities.

Participants operate as independent businesses or independent representatives. Nothing within these Terms creates employment, partnership, franchise rights, joint venture, or exclusive territory rights.

Participants are solely responsible for their marketing practices, regulatory compliance, client communications, sales activities, and business operations. Earnings, commissions, residuals, or incentives are not guaranteed.

5. Equipment, Hardware & Software

Day One Payment may provide or facilitate access to POS systems, card terminals, hardware devices, software applications, mobile applications, cloud-based systems, and hosted services.

Availability, pricing, specifications, compatibility, and supported features may change without notice. Certain hardware, software, or integrations may require additional agreements, third-party approvals, ongoing subscriptions, or separate licensing terms.

Day One Payment does not guarantee continuous compatibility, hardware availability, software uptime, or third-party integration reliability. Users are responsible for proper operation of equipment, Internet connectivity, security practices, and compliance with manufacturer requirements.

6. Hosted Websites, CRM & Platform Services

Day One Payment may provide hosted websites, agent websites, CRM systems, merchant intake systems, dashboards, automation tools, and AI-assisted systems.

Users remain solely responsible for website content, communications, marketing claims, merchant interactions, uploaded materials, and regulatory compliance.

Day One Payment retains ownership of platform infrastructure, backend systems, proprietary workflows, automation systems, software architecture, and CRM infrastructure. Users may not reverse engineer systems, replicate proprietary technology, resell the Platform itself, circumvent security protections, or misuse hosted systems.

7. Domain & Hosting Services

Day One Payment may assist with domain registration, DNS configuration, SSL provisioning, hosting management, and website deployment. Domains or hosted assets connected to Day One Payment systems may remain managed within Day One Payment infrastructure for operational and security purposes.

Failure to maintain payments may result in website suspension, DNS interruption, hosting termination, or restricted platform access. Transfer requests may require verification procedures, administrative review, and applicable transfer or administrative fees where permitted by law.

8. AI & Automation Features

Day One Payment may provide AI-generated content tools, automated workflows, messaging assistance, suggested responses, and automation systems.

AI-generated outputs may contain inaccuracies, require user review, and should not be relied upon without verification. Users remain solely responsible for reviewing content, compliance obligations, final communications, and business decisions. Day One Payment does not guarantee the accuracy, legality, or effectiveness of AI-generated outputs.

9. Subscription Billing & Payments

Certain Day One Payment services may require setup fees, subscription billing, monthly or annual payments, equipment payments, add-on purchases, or usage-based fees. By purchasing services, users authorize recurring billing where applicable.

Day One Payment reserves the right to modify pricing, change plans, add or remove features, and adjust service offerings with reasonable notice where applicable. Failure to pay may result in suspension, restricted access, account termination, website deactivation, or service interruption.

10. Refund Policy

All payments made to Day One Payment are non-refundable unless otherwise stated in writing.

This includes: setup fees, subscription fees, software access fees, website provisioning fees, domain-related fees, equipment-related fees, customization services, and add-on purchases. Because many services involve immediate provisioning, labor allocation, software deployment, account setup, infrastructure allocation, or digital access, refunds are not provided once services have begun or access has been granted.

Chargebacks or payment disputes submitted in bad faith may result in immediate suspension, permanent termination, collections activity where permitted by law, and recovery of associated costs and fees.

11. Acceptable Use

Users may not use Day One Payment services to:

• Engage in illegal activity
• Commit fraud
• Process unauthorized transactions
• Misrepresent products or services
• Spam or send unauthorized marketing
• Upload malicious software
• Violate financial or advertising regulations
• Infringe intellectual property rights
• Mislead merchants or consumers
• Abuse platform infrastructure

Day One Payment reserves the right to suspend or terminate services for prohibited conduct.

12. Compliance Responsibilities

Users are solely responsible for compliance with payment industry regulations, card network requirements, advertising laws, email and SMS marketing laws, consumer protection laws, data privacy laws, and applicable business regulations.

Users may not guarantee merchant approvals, misrepresent financial relationships, make deceptive earnings claims, or falsely represent affiliations with financial institutions.

13. Communications Consent

By using Day One Payment services, users consent to receive emails, SMS communications, notifications, billing reminders, account alerts, support messages, and operational announcements. Standard message and data rates may apply. Users may opt out of certain non-essential communications where permitted.

14. Third-Party Services

Day One Payment services may integrate with or rely on third-party providers including payment processors, acquiring banks, hosting providers, cloud providers, analytics providers, CRM integrations, domain registrars, AI service providers, hardware vendors, and POS systems.

Day One Payment is not responsible for third-party outages, API failures, processor interruptions, integration failures, hosting downtime, or service disruptions beyond reasonable control.

15. Intellectual Property

All Day One Payment systems, software, branding, workflows, infrastructure, automation systems, and proprietary materials remain the exclusive property of Day One Payment unless otherwise stated. Users receive a limited, revocable, non-transferable license to access and use Day One Payment services while maintaining compliance with these Terms. No ownership rights are transferred.

16. Platform Availability & Modifications

Day One Payment does not guarantee uninterrupted access to websites, CRM systems, hosted services, AI tools, dashboards, integrations, or automation systems. Features and services may change, be modified, be discontinued, or become temporarily unavailable without notice or liability. Day One Payment reserves the right to modify or discontinue services at any time.

17. Disclaimer of Warranties

All Day One Payment services are provided “as is” and “as available.”

Day One Payment makes no warranties regarding merchant approvals, revenue generation, business growth, processing performance, earnings potential, continuous uptime, service reliability, or sales results. Use of the Services is at your own risk.

18. Limitation of Liability

To the fullest extent permitted by law, Day One Payment shall not be liable for lost profits, lost revenue, business interruption, data loss, indirect damages, consequential damages, or third-party claims. Day One Payment’s total liability shall not exceed the fees paid by the user during the six (6) months preceding the event giving rise to the claim.

19. Indemnification

Users agree to indemnify and hold Day One Payment harmless from any claims, damages, liabilities, losses, costs, or expenses arising from business activities, merchant disputes, regulatory violations, misrepresentations, fraudulent conduct, uploaded content, or violations of these Terms.

20. Suspension & Termination

Day One Payment may suspend or terminate services at any time for violations of these Terms, fraud or suspicious activity, non-payment, abuse of systems, security concerns, or regulatory or compliance risks.

Upon termination, platform access may end, websites may be disabled, CRM access may be revoked, hosted services may terminate, and data may eventually be removed subject to operational and legal retention needs.

21. Governing Law

These Terms are governed by the laws of the State of California. Any disputes arising under these Terms shall be resolved in the courts located in Los Angeles County or San Diego County, California.