Applicable to Merchants Enabling Brand Wallet Services
Last Updated: June 2, 2026
Version: 2.1
These Merchant Wallet Payment Terms (“Merchant Terms”) govern a Merchant’s acceptance of Wallet Payments through the PayBito Platform.
These Merchant Terms supplement the Merchant Agreement, Terms of Service, and any other agreements governing the Merchant’s use of the Platform.
By enabling Wallet Payments through the Platform, the Merchant agrees to these Merchant Wallet Payment Terms.
For purposes of these Merchant Wallet Payment Terms, the following terms have the meanings set forth below. Capitalized terms not defined in these Merchant Wallet Payment Terms have the meanings given in the PayBito Wallet Services Agreement or other applicable agreements incorporated by reference.
“Brand Wallet” means the merchant-branded presentation of a User’s Platform Wallet made available through the Merchant’s checkout experience. References to a Brand Wallet refer to the User’s underlying Platform Wallet as presented under the Merchant’s brand. Through the Brand Wallet, a User may use existing Wallet Assets to make Merchant Payments and, where the Merchant has enabled Crypto Buy, may fund the Platform Wallet using supported Funding Methods before separately authorizing a Merchant Payment.
“Card Wallet Funding” means Wallet Funding initiated by a User using a supported payment card through a Wallet Funding Partner.
“Crypto Buy” means the optional functionality available within Brand Wallet that permits an eligible User to acquire supported Wallet Assets using one or more supported Funding Methods before separately authorizing a Merchant Payment. The Merchant may enable or disable Crypto Buy through the Platform.
“Direct Processor Payment” means a payment made by a User through a processor-supported Payment Method under which the Merchant has been directly approved or underwritten by the applicable Merchant Acquiring Partner. Direct Processor Payments are separate from Pay with Crypto and do not use Brand Wallet, External Wallet, or Guest Checkout.
“External Wallet” means a digital asset wallet not maintained through the Platform that may be connected to the Pay with Crypto Payment Method to initiate a Merchant Payment.
“Guest Checkout” means a payment option available under Pay with Crypto that permits a User to make a Merchant Payment from a compatible external digital asset wallet without connecting or using a Platform Wallet.
“Merchant” means the business or other legal entity that has enabled one or more Payment Methods through the Platform and accepts payments from Users for goods, services, subscriptions, digital products, or other lawful offerings.
“Merchant Acquiring Partner” means a payment processor, acquiring institution, independent sales organization, payment facilitator, or other financial service provider that directly approves or underwrites a Merchant for Direct Processor Payments.
“Merchant Balance” means the total amount of Wallet Assets credited to the Merchant through Merchant Payments and other supported Platform activities, subject to any lawful corrections, refunds, reversals, adjustments, chargebacks, fees, or other debits.
“Merchant Payment” means an authorized transfer of Wallet Assets from a User’s Platform Wallet, External Wallet, or other supported wallet source to a Merchant pursuant to the User’s Payment Instruction for the purchase of goods or services.
“Pay with Crypto” means the Payment Method made available through the Platform under which a Merchant may accept Merchant Payments using one or more Wallet Payment Options, including Brand Wallet, External Wallet, Guest Checkout, and any additional wallet-based payment options supported by the Platform.
“Payment Instruction” means an instruction submitted and authorized by a User directing the Platform to process a Merchant Payment using the payment details selected or approved by the User.
“Payment Method” means a payment capability made available by the Merchant through the Platform, including Pay with Crypto, Direct Processor Payments, and any other payment products or services supported by the Platform.
“Pending Balance” means the portion of the Merchant Balance that is temporarily ineligible for external withdrawal under the Platform Risk Controls then applicable to the Merchant.
“Platform” means the PayBito technology platform, including its websites, software, applications, APIs, checkout services, Wallet Services, transaction systems, merchant console, and related infrastructure.
“Platform Risk Controls” means the fraud prevention, transaction-aging, chargeback exposure, compliance, security, operational, regulatory, and other risk-management procedures used by PayBito to determine transaction processing, Merchant Balance availability, Withdrawal Eligibility, and access to Platform services.
“Platform Wallet” means a custodial wallet account maintained through the Platform for a User and governed by the PayBito Wallet Services Agreement.
“Processor Chargeback” means a dispute, retrieval request, chargeback, pre-arbitration, arbitration, reversal, or similar process initiated under the rules or procedures of a Merchant Acquiring Partner, card network, issuing institution, or other payment processor in connection with a Direct Processor Payment.
“Refund” means a Merchant-authorized return of value to a User in connection with a completed payment, processed through the refund method applicable to the original Payment Method.
“Refund Destination” means the Platform Wallet, external digital asset address, payment account, or other destination to which a Refund may be sent. For Brand Wallet payments, the User’s Platform Wallet may serve as the Refund Destination. For External Wallet or Guest Checkout payments, the User may be required to provide a valid refund address where one is not available to the Platform.
“Supported Asset” means a Wallet Asset designated by the Platform and enabled by the Merchant for use with Pay with Crypto or another supported Platform service.
“User” means an individual or legal entity that uses a Payment Method made available by a Merchant through the Platform.
“Wallet Asset” means any supported fiat currency, digital asset, stablecoin, cryptocurrency, tokenized asset, or other representation of value that may be held, transferred, settled, refunded, or otherwise used through the Platform.
“Wallet Funding” means a transaction that increases the balance of a User’s Platform Wallet using a supported Funding Method.
“Wallet Funding Partner” means a payment processor, financial institution, payment service provider, or other authorized service provider that facilitates Wallet Funding through one or more supported Funding Methods.
“Wallet Payment Option” means a payment option available under Pay with Crypto, including Brand Wallet, External Wallet, Guest Checkout, and any additional wallet-based payment option supported by the Platform.
“Wallet Services” means the services made available through the Platform that permit Users to hold, fund, receive, transfer, withdraw, trade, refund, or otherwise use supported Wallet Assets.
“Withdrawable Balance” means the portion of the Merchant Balance that is currently eligible for withdrawal from the Platform after application of the applicable Platform Risk Controls.
“Withdrawal Eligibility” means the amount and portion of the Merchant Balance that the Platform determines may be withdrawn at a particular time based on the applicable Platform Risk Controls.
These Merchant Terms apply whenever a Merchant enables one or more Wallet Payment Services through the Platform.
Wallet Payment Services may include, where available:
These Merchant Terms supplement:
Where an inconsistency exists, these Merchant Terms govern solely with respect to Wallet Payment Services.
By enabling Wallet Payment Services, the Merchant authorizes PayBito to facilitate Wallet Payments initiated by Users through the Platform.
Wallet Payments are initiated solely upon the User’s Payment Instruction.
Where Wallet Funding Services are enabled, Users may fund their Platform Wallet using one or more Funding Methods supported by the Platform before authorizing a Wallet Payment.
The Merchant acknowledges that Wallet Funding is a separate transaction governed by separate agreements between the User and PayBito.
The Merchant acknowledges that every Wallet Payment is initiated by the User through a separate Payment Instruction.
The Merchant shall not represent that Wallet Funding itself constitutes payment for goods or services.
The Merchant remains solely responsible for:
Nothing in these Merchant Terms transfers such responsibilities to PayBito.
PayBito provides:
PayBito does not become:
solely by facilitating Wallet Payments or Wallet Funding.
Upon successful processing of a Merchant Payment, the applicable Wallet Assets shall be credited to the Merchant’s Merchant Balance maintained by the Platform.
The Merchant Balance represents the total Wallet Assets credited to the Merchant through Merchant Payments and other supported Platform activities.
Crediting Wallet Assets to the Merchant Balance does not, by itself, make such Wallet Assets immediately eligible for withdrawal from the Platform.
The Platform determines the portion of the Merchant Balance that is eligible for withdrawal (“Withdrawable Balance”).
Only the Withdrawable Balance may be withdrawn from the Platform using withdrawal methods supported by the Platform from time to time.
The Merchant acknowledges that the Withdrawable Balance may differ from the Merchant Balance.
The portion of the Merchant Balance that is not currently eligible for withdrawal shall be reflected by the Platform as the Merchant’s Pending Balance.
The Pending Balance remains part of the Merchant’s Merchant Balance but is temporarily ineligible for withdrawal until it becomes eligible under the Platform’s applicable risk management procedures.
The Platform applies risk management procedures to determine Withdrawal Eligibility.
Withdrawal Eligibility may be determined based upon one or more factors including, without limitation:
The Merchant acknowledges that Platform Risk Controls may change from time to time in response to operational, regulatory, security, fraud prevention, or business requirements.
The Merchant acknowledges that certain portions of the Merchant Balance may be temporarily restricted from withdrawal while Platform Risk Controls are applied.
Such temporary withdrawal restrictions do not affect the Merchant’s Merchant Balance and shall not, by themselves, constitute a forfeiture of the Merchant’s Wallet Assets.
Withdrawal restrictions shall be removed in accordance with the Platform’s applicable operational procedures and risk management policies.
Subject to the functionality made available by the Platform, the Merchant may use Wallet Assets credited to the Merchant Balance for supported Platform activities.
Availability of specific Platform activities remains subject to the Platform’s applicable operational procedures, compliance requirements, and Platform Risk Controls.
The Merchant may issue refunds to Users using Wallet Assets maintained within the Merchant Balance, subject to the functionality made available by the Platform.
The Merchant acknowledges that the existence of a Pending Balance does not necessarily prevent the Merchant from issuing refunds through the Platform.
Nothing in these Merchant Terms obligates PayBito to issue refunds on behalf of the Merchant.
The Merchant acknowledges that refunds, reversals, corrections, adjustments, chargebacks, fraud recoveries, compliance actions, or other lawful debits may result in a negative Merchant Balance.
Where a negative Merchant Balance occurs, the Merchant remains responsible for promptly satisfying the resulting deficiency in accordance with the Merchant Agreement and any applicable Platform policies.
Subject to Withdrawal Eligibility and the Platform’s operational procedures, the Merchant may withdraw Wallet Assets using one or more withdrawal methods supported by the Platform from time to time.
Supported withdrawal methods may include transfers to an eligible Platform account, transfers to supported external wallets, withdrawals to designated bank accounts, or other withdrawal methods made available by the Platform.
Availability of any withdrawal method may vary depending upon jurisdiction, supported Wallet Assets, compliance requirements, Platform functionality, and other applicable operational requirements.
The Merchant acknowledges that crediting Wallet Assets to the Merchant Balance does not create a right to immediate withdrawal.
The timing and availability of withdrawals are determined by the Merchant’s Withdrawable Balance as calculated by the Platform under its applicable Platform Risk Controls.
The Merchant remains solely responsible for determining whether a Refund should be issued to a User in connection with the Merchant’s goods or services.
Nothing in these Merchant Terms obligates PayBito to approve, deny, authorize, or fund Refunds on behalf of the Merchant except to the extent the Platform provides the technical functionality to facilitate Merchant-authorized Refunds.
The method by which a Refund is processed depends upon the Payment Method and, where applicable, the Wallet Payment Option originally used by the User.
The Merchant acknowledges that Refund procedures may differ depending upon the applicable payment flow.
Where the User completed a Merchant Payment using the Brand Wallet Wallet Payment Option, the Merchant may authorize a Refund through the Platform.
Unless otherwise supported by the Platform, the Refund shall be credited to the User’s Brand Wallet.
Where the User completed a Merchant Payment using the External Wallet Wallet Payment Option, the Refund shall be sent to the applicable Refund Destination.
If the Platform does not possess a valid Refund Destination, PayBito may request the User to provide a compatible refund wallet address before facilitating the Refund.
The Merchant acknowledges that processing of the Refund may be delayed until a valid Refund Destination has been provided.
Where the User completed a Merchant Payment using the Guest Checkout Wallet Payment Option, the Refund shall be sent to the applicable Refund Destination.
If the Platform does not possess a valid Refund Destination, PayBito may request the User to provide a compatible refund wallet address before facilitating the Refund.
The Merchant acknowledges that processing of the Refund may be delayed until a valid Refund Destination has been provided.
Where the User completed a Direct Processor Payment, Refunds shall be processed in accordance with the procedures and capabilities of the applicable Merchant Acquiring Partner.
Where supported, the Platform may provide technical functionality allowing the Merchant to initiate a Refund through the Platform using the applicable processor’s integration.
Where such functionality is unavailable, the Merchant remains responsible for processing Refunds directly through the applicable Merchant Acquiring Partner or its designated systems.
Nothing in these Merchant Terms modifies the refund procedures, rights, or obligations established by the Merchant’s agreement with the applicable Merchant Acquiring Partner.
Subject to the Platform’s operational procedures, the Merchant may authorize Refunds using Wallet Assets maintained in the Merchant Balance, including amounts reflected as Pending Balance.
The existence of a Pending Balance does not, by itself, prevent the Merchant from issuing a Refund through the Platform.
Where supported by the Platform, the Merchant may authorize full or partial Refunds.
The amount, timing, and basis for any Refund remain solely the responsibility of the Merchant.
The Platform may maintain records relating to Refunds for operational, accounting, fraud prevention, compliance, audit, dispute resolution, security, and regulatory purposes.
The Merchant authorizes PayBito to maintain such records in accordance with applicable law and the Platform’s record retention policies.
Nothing in this Article modifies the Merchant’s obligations relating to:
The Merchant remains solely responsible for determining whether a Refund should be issued and for complying with all applicable laws governing Refunds.
The Merchant acknowledges that Users may raise questions, complaints, or disputes relating to goods or services purchased from the Merchant, regardless of the Payment Method used.
The Merchant remains solely responsible for resolving disputes relating to:
Nothing in these Merchant Terms transfers responsibility for such matters to PayBito.
Processor Chargebacks apply only to Direct Processor Payments and shall be governed by the applicable Merchant Acquiring Partner’s merchant agreement, operating rules, payment network requirements, and dispute procedures.
Where supported by the applicable Merchant Acquiring Partner, the Platform may provide technical functionality enabling the Merchant to access, respond to, or manage Processor Chargebacks.
Nothing in these Merchant Terms modifies the Merchant’s obligations under the applicable Merchant Acquiring Partner agreement.
Merchant Payments processed through the Pay with Crypto Payment Method are not subject to Processor Chargeback procedures solely by virtue of being Merchant Payments.
Nothing in this Section limits a User’s ability to request a Refund from the Merchant or otherwise exercise rights available under applicable law.
The Merchant agrees to cooperate with PayBito in connection with:
Upon reasonable request, the Merchant shall promptly provide documentation or information reasonably necessary to investigate or respond to a Payment Dispute, Processor Chargeback, fraud investigation, compliance review, or regulatory inquiry.
Such documentation may include:
The Merchant shall maintain complete and accurate records relating to transactions processed through the Platform for the period required by applicable law or for such longer period as reasonably necessary to support Payment Disputes, Processor Chargebacks, fraud investigations, compliance reviews, or regulatory inquiries.
The Merchant acknowledges that PayBito maintains independent records relating to Wallet Funding, Merchant Payments, Refunds, Payment Instructions, transaction authorizations, and other Platform activity.
The Merchant agrees that such records may be used by PayBito, Merchant Acquiring Partners, Wallet Funding Partners, Custody & Settlement Partners, financial institutions, regulatory authorities, payment networks, dispute resolution bodies, or courts as evidence relating to Payment Disputes, Processor Chargebacks, fraud investigations, compliance reviews, or legal proceedings.
The Merchant acknowledges and agrees that:
The Merchant agrees to cooperate with reasonable requests made by PayBito relating to:
Nothing in this Article limits PayBito’s rights under these Merchant Terms, the Merchant Agreement, or applicable law to:
The Merchant agrees to cooperate with PayBito in connection with the operation, security, compliance, and administration of the Payment Methods made available through the Platform.
Such cooperation shall include responding to reasonable requests for information, documentation, confirmations, or assistance relating to transactions processed through the Platform.
Upon reasonable request, the Merchant shall promptly provide information or documentation relating to transactions processed through the Platform, including, where applicable:
The Merchant agrees to cooperate with PayBito in connection with:
The Merchant shall cooperate with reasonable requests made by PayBito relating to:
Where a Payment Method involves a Merchant Acquiring Partner, Wallet Funding Partner, Custody & Settlement Partner, financial institution, payment processor, blockchain infrastructure provider, or other authorized service provider, the Merchant agrees to cooperate with reasonable requests made through PayBito in connection with the services provided by such parties.
Nothing in this Section creates a direct contractual relationship between the Merchant and any third-party service provider except as provided under a separate agreement.
The Merchant shall maintain complete and accurate records relating to transactions processed through the Platform for the period required by applicable law or such longer period as reasonably necessary to satisfy compliance obligations, respond to Payment Disputes, Processor Chargebacks, fraud investigations, audits, or regulatory inquiries.
The Merchant agrees to respond to reasonable requests made by PayBito within a commercially reasonable period.
Failure to provide requested information may result in delays in transaction processing, Withdrawal Eligibility, Refund processing, access to certain Payment Methods, or other actions reasonably necessary to protect the Platform or comply with applicable legal or regulatory obligations.
The Merchant shall cooperate with PayBito in good faith to facilitate the secure, lawful, and efficient operation of the Platform.
Nothing in this Article obligates PayBito to disclose confidential fraud detection procedures, proprietary risk models, security measures, or other confidential information the disclosure of which could reasonably impair the effectiveness of the Platform’s security or compliance programs.
Nothing in this Article limits PayBito’s rights under these Merchant Terms, the Merchant Agreement, applicable Platform policies, or applicable law to:
PayBito may maintain records relating to Payment Methods, Wallet Funding, Merchant Payments, Refunds, Processor Chargebacks, Payment Instructions, transaction authorizations, Merchant Balances, Withdrawal Eligibility, Platform Risk Controls, and other activities conducted through the Platform.
Such records may be maintained in electronic form.
The Merchant shall maintain complete and accurate records relating to transactions processed through the Platform, including records relating to:
The Merchant shall retain records for the period required by applicable law or such longer period as reasonably necessary to:
The Merchant acknowledges that electronic records maintained by the Platform may be used for operational, accounting, audit, compliance, fraud prevention, dispute resolution, security, regulatory, and legal purposes.
Electronic records maintained by the Platform shall have the same evidentiary value as other business records to the extent permitted by applicable law.
The Merchant acknowledges that the Platform may maintain records including, where applicable:
The Merchant agrees that records maintained by the Platform may be used by PayBito in connection with:
The Merchant remains responsible for ensuring that information submitted through the Platform is complete, accurate, and current.
The Merchant shall promptly correct any information known to be inaccurate.
Records maintained by the Platform shall be treated in accordance with the applicable Privacy Policy, Merchant Agreement, applicable law, and reasonable security practices.
Nothing in this Article requires PayBito to disclose confidential fraud prevention procedures, proprietary security measures, internal risk models, or other confidential information protected by law or legitimate business interests.
The obligations contained in this Article shall survive termination of these Merchant Terms to the extent reasonably necessary to satisfy legal, regulatory, accounting, audit, dispute resolution, fraud prevention, or record retention obligations.
The Merchant acknowledges that PayBito maintains Platform Risk Controls designed to protect the integrity, security, compliance, and lawful operation of the Platform.
Platform Risk Controls may be applied before, during, or after the processing of transactions made available through the Platform.
Where reasonably necessary, PayBito may:
The Merchant acknowledges that Withdrawal Eligibility is determined by the Platform through the application of Platform Risk Controls.
Withdrawal Eligibility may be determined based upon one or more factors including, without limitation:
The Merchant acknowledges that:
PayBito may review Merchant activity for purposes including:
The Merchant agrees to cooperate with any such review.
PayBito may require the Merchant to provide additional documentation or information before processing transactions, completing withdrawals, restoring services, or modifying Withdrawal Eligibility.
Failure to provide requested information may result in delays, withdrawal restrictions, suspension of one or more Payment Methods, or other reasonable actions permitted under these Merchant Terms.
The Merchant acknowledges that Platform Risk Controls may be modified from time to time in response to:
PayBito may implement such modifications without prior notice where reasonably necessary to protect the Platform or comply with applicable obligations.
PayBito shall administer Platform Risk Controls in good faith and in a commercially reasonable manner consistent with the secure, lawful, and efficient operation of the Platform.
Nothing in these Merchant Terms requires PayBito to disclose confidential fraud prevention procedures, proprietary risk models, security measures, or other confidential information the disclosure of which could reasonably compromise the effectiveness of the Platform’s security or compliance programs.
Nothing in this Article limits PayBito’s rights under these Merchant Terms, the Merchant Agreement, applicable Platform policies, or applicable law to take any action reasonably necessary to protect the Platform, its Users, Merchants, Merchant Acquiring Partners, Wallet Funding Partners, Custody & Settlement Partners, payment networks, financial institutions, or other participants in the payment ecosystem.
PayBito may suspend, disable, or restrict one or more Payment Methods or Wallet Payment Options made available to the Merchant where reasonably necessary to:
During a suspension, PayBito may:
Suspension does not relieve the Merchant of obligations arising before the suspension became effective.
The Merchant may discontinue the use of Wallet Payment Services by disabling the applicable Payment Methods through the Platform or by otherwise terminating such services in accordance with the Merchant Agreement.
Termination shall not affect transactions, Refunds, Processor Chargebacks, Payment Disputes, investigations, or other obligations arising before the effective date of termination.
PayBito may terminate the Merchant’s access to one or more Payment Methods or Wallet Payment Options where:
Termination of these Merchant Terms shall not:
Wallet Assets, Merchant Balances, and Withdrawable Balances shall continue to be administered in accordance with these Merchant Terms, the Merchant Agreement, applicable Platform policies, and applicable law.
The provisions relating to:
shall survive the suspension or termination of these Merchant Terms to the extent permitted by applicable law.
The Merchant represents and warrants that:
The Merchant represents and warrants that it conducts only lawful business activities and shall use the Platform solely for lawful purposes.
The Merchant shall not use the Platform in connection with any prohibited, fraudulent, deceptive, or unlawful activity.
The Merchant represents and warrants that it complies with all applicable:
The Merchant represents and warrants that all information, documentation, and materials provided to PayBito are accurate, complete, and not misleading.
The Merchant shall promptly notify PayBito of any material change affecting such information.
The Merchant represents and warrants that:
The Merchant represents and warrants that its products, services, content, trademarks, trade names, logos, intellectual property, and other materials made available through the Platform do not knowingly infringe the rights of any third party.
The Merchant represents and warrants that it shall maintain commercially reasonable administrative, technical, and organizational measures to protect its accounts, credentials, systems, and access to the Platform.
The Merchant shall promptly notify PayBito upon becoming aware of any unauthorized access, security incident, or suspected compromise affecting its use of the Platform.
The representations and warranties contained in this Article are continuing in nature and shall remain true throughout the Merchant’s use of the Platform.
The Merchant shall promptly notify PayBito if any representation or warranty becomes materially inaccurate.
The Platform provides technology and related services to facilitate Payment Methods made available by the Merchant.
Except as expressly provided in these Merchant Terms or required by applicable law, PayBito does not guarantee uninterrupted availability of the Platform or any Payment Method.
PayBito is not responsible for:
The Platform may rely upon services provided by Merchant Acquiring Partners, Wallet Funding Partners, Custody & Settlement Partners, payment processors, financial institutions, blockchain infrastructure providers, telecommunications providers, cloud service providers, and other third-party service providers.
PayBito shall not be responsible for delays, interruptions, errors, failures, or unavailability resulting from services provided by such third parties.
PayBito does not guarantee that any transaction will be:
where such outcome depends upon factors outside PayBito’s reasonable control or the application of Platform Risk Controls.
To the maximum extent permitted by applicable law, PayBito shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or similar damages, including loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, business interruption, or other commercial losses arising from or relating to these Merchant Terms or the Merchant’s use of the Platform.
To the maximum extent permitted by applicable law, the aggregate liability of PayBito arising out of or relating to these Merchant Terms shall not exceed the total fees paid by the Merchant to PayBito for the applicable Wallet Payment Services during the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this Article limits liability that cannot lawfully be limited under applicable law.
The Merchant agrees to take commercially reasonable steps to mitigate any loss or damage arising from events relating to the Platform or these Merchant Terms.
The limitations and exclusions contained in this Article apply regardless of the legal theory asserted, including contract, tort, negligence, strict liability, statutory claims, or otherwise, and survive termination of these Merchant Terms to the maximum extent permitted by applicable law.
The Merchant shall defend, indemnify, and hold harmless PayBito, its affiliates, officers, directors, employees, agents, contractors, licensors, successors, and assigns from and against any claims, demands, actions, proceedings, damages, liabilities, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
PayBito shall promptly notify the Merchant of any claim for which indemnification is sought, provided that any delay in providing such notice shall not relieve the Merchant of its indemnification obligations except to the extent materially prejudiced by such delay.
The Merchant shall cooperate in good faith with PayBito in the defense or resolution of such claims.
The Merchant shall not settle any claim affecting PayBito without PayBito’s prior written consent where such settlement:
The Merchant shall have no obligation to indemnify PayBito to the extent a claim results directly from PayBito’s gross negligence, willful misconduct, or violation of applicable law as finally determined by a court of competent jurisdiction.
The obligations contained in this Article shall survive termination of these Merchant Terms until all applicable claims, proceedings, investigations, or liabilities have been finally resolved.
PayBito may amend these Merchant Terms from time to time to reflect changes in applicable law, regulatory requirements, Platform functionality, Payment Methods, Platform Risk Controls, security practices, operational procedures, or business operations.
Material amendments shall become effective upon publication on the Platform or by other legally sufficient notice.
The Merchant’s continued use of the applicable Payment Methods following the effective date of revised Merchant Terms constitutes acceptance of the revised Merchant Terms to the extent permitted by applicable law.
The Merchant may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Merchant Terms without the prior written consent of PayBito.
PayBito may assign or transfer its rights and obligations under these Merchant Terms to an affiliate, successor, purchaser, or other entity in connection with a merger, acquisition, corporate reorganization, sale of assets, financing transaction, or other lawful business transaction.
Failure by PayBito to exercise or enforce any right or provision under these Merchant Terms shall not constitute a waiver of such right or provision.
Any waiver shall be effective only if made in writing by an authorized representative of PayBito.
If any provision of these Merchant Terms is held to be invalid, illegal, or unenforceable by a court or other authority of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by applicable law.
PayBito shall not be liable for any delay, interruption, failure to perform, or inability to provide services resulting from events beyond its reasonable control, including:
PayBito shall use commercially reasonable efforts to resume normal operations as soon as reasonably practicable.
The Platform may utilize services provided by Merchant Acquiring Partners, Wallet Funding Partners, Custody & Settlement Partners, financial institutions, payment processors, blockchain infrastructure providers, cloud service providers, telecommunications providers, and other third-party service providers.
Nothing in these Merchant Terms creates a contractual relationship between the Merchant and any such third party unless expressly provided under a separate agreement.
Except as expressly provided by applicable law or a separate written agreement, these Merchant Terms are intended solely for the benefit of the Merchant and PayBito.
Nothing in these Merchant Terms creates any rights in favor of any third party.
Headings are provided solely for convenience and shall not affect the interpretation of these Merchant Terms.
Unless the context otherwise requires:
These Merchant Terms are prepared in the English language.
If translated into another language, the English version shall govern to the extent permitted by applicable law in the event of any inconsistency.
The following documents are incorporated into and form part of these Merchant Terms:
These Merchant Terms, together with the documents incorporated by reference, constitute the complete agreement between the Merchant and PayBito relating to the Merchant’s use of the Wallet Payment Services made available through the Platform and supersede all prior discussions, understandings, representations, and agreements relating to the same subject matter.
Questions regarding these Merchant Terms may be directed to PayBito using the contact information published on the Platform.
These Merchant Terms and any dispute, claim, or controversy arising out of or relating to these Merchant Terms, the Platform, or the Merchant’s use of the Payment Methods shall be governed by and construed in accordance with the laws specified in the applicable Merchant Agreement, without regard to conflict of law principles.
Any dispute arising under or relating to these Merchant Terms shall be resolved in accordance with the dispute resolution procedures specified in the applicable Merchant Agreement.
Nothing in these Merchant Terms limits either party’s right to seek temporary, preliminary, or permanent injunctive or equitable relief where necessary to protect intellectual property, confidential information, security interests, or other rights for which monetary damages would be an inadequate remedy.
Unless otherwise required by applicable law or agreed by the parties, the Merchant shall continue to perform its obligations under these Merchant Terms during the resolution of any dispute.
The Merchant acknowledges and agrees that acceptance of these Merchant Terms through the Platform constitutes the Merchant’s legally binding electronic acceptance of these Merchant Terms.
The Merchant consents to the creation, maintenance, storage, and use of electronic records relating to these Merchant Terms, transactions, Merchant Payments, Refunds, Payment Methods, Merchant Balances, Withdrawal Eligibility, and other Platform activities.
The Merchant consents to receive notices, disclosures, agreements, amendments, operational communications, compliance requests, and other communications electronically through the Platform, email, API, or other electronic means supported by the Platform.
To the fullest extent permitted by applicable law, electronic acceptances, electronic signatures, click-through acknowledgements, and other electronic authorizations submitted through the Platform shall have the same legal force and effect as handwritten signatures.
PayBito may maintain records of the Merchant’s acceptance of these Merchant Terms, including the applicable agreement version, date and time of acceptance, IP address, device information, browser information, session identifiers, Merchant account information, and other information reasonably necessary to evidence acceptance.
These Merchant Terms become effective upon the earliest of:
These Merchant Terms remain in effect until terminated in accordance with these Merchant Terms or the applicable Merchant Agreement.
By enabling one or more Payment Methods through the Platform, the Merchant acknowledges and agrees that it has read, understood, and accepted these Merchant Terms.
The Merchant acknowledges that the Platform may make available multiple Payment Methods, each of which may operate under different operational procedures, contractual relationships, settlement processes, Refund procedures, dispute mechanisms, and third-party service providers.
The Merchant further acknowledges that different Payment Methods may be governed by different agreements, processor requirements, operational policies, and applicable legal obligations.
Where the Merchant enables the Pay with Crypto Payment Method, the Merchant acknowledges that:
Where the Merchant enables one or more Direct Processor Payment Methods, the Merchant acknowledges that such Payment Methods remain subject to the applicable Merchant Acquiring Partner agreements, payment network rules, processor operating procedures, and other applicable third-party requirements.
The Merchant acknowledges that it remains solely responsible for:
Nothing in these Merchant Terms transfers such responsibilities to PayBito.
The Merchant acknowledges that PayBito provides the technology and Platform services necessary to facilitate Payment Methods made available through the Platform.
Except as expressly provided in these Merchant Terms or applicable law, PayBito does not become the seller, supplier, distributor, reseller, fulfillment provider, or provider of the Merchant’s goods or services solely by facilitating Payment Methods.
The Merchant acknowledges that these Merchant Terms, together with the documents incorporated by reference, establish the contractual framework governing the Merchant’s use of the applicable Payment Methods made available through the Platform.
The Merchant further acknowledges that continued use of such Payment Methods constitutes continuing acceptance of these Merchant Terms.
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