Terms of Service

1. Acceptance of Terms

By accessing or using HiSettly's services, APIs, or website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Services. These Terms constitute a legally binding agreement between you and HiSettly, Inc.

2. Definitions

"Platform" refers to HiSettly's payment infrastructure, including ACH processing, card issuing, and treasury services. "User" or "You" refers to any individual or entity that accesses or uses the Services. "API" refers to HiSettly's application programming interfaces and related documentation.

3. Eligibility

You must be at least 18 years old and a legal entity organized in the United States to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements and have the authority to enter into these Terms on behalf of your organization.

4. Use of Services

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for all activity under your account, including maintaining the confidentiality of your API keys and credentials. You must not use the Services for any illegal activities, money laundering, terrorist financing, or any prohibited transactions.

5. Payment Terms

Fees for the Services are described on our Pricing page and may be updated from time to time. All fees are non-refundable except as expressly stated in these Terms. We will provide at least 30 days' notice before implementing any fee changes. Transaction fees are charged based on actual usage and billed monthly in arrears.

6. Data Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that HiSettly processes personal and financial data in accordance with applicable laws and regulations, including but not limited to the Gramm-Leach-Bliley Act.

7. Intellectual Property

The Services, including all content, features, and functionality, are owned by HiSettly and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

8. Limitation of Liability

To the maximum extent permitted by law, HiSettly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from your use of the Services. HiSettly's total liability shall not exceed the fees paid by you in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless HiSettly, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services, your violation of these Terms, or your violation of any applicable laws or regulations.

10. Termination

Either party may terminate these Terms at any time with 30 days' written notice. HiSettly may suspend or terminate your access immediately if you violate these Terms or engage in prohibited activities. Upon termination, your right to use the Services ceases immediately, and any outstanding fees become due.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in San Francisco, California.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Services. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, please contact us at legal@hisettly.com.