Terms of Service

1. Acceptance of Terms

By accessing or using the Optec Payments website located at optecpay.com (the "Site"), the Optec Payments online portals or mobile application (together with the Site, the "Platform"), submitting any contact form, rate analysis request, merchant application, or agent onboarding application, or uploading any documents through the Platform, you ("you," "user") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Platform or submit any information through it. Optec Payments reserves the right to modify these Terms at any time. Modifications are effective immediately upon posting to the Site. Your continued use of the Platform after any changes constitutes acceptance of the updated Terms.

2. Description of Services

Optec Payments is a payment processing ISO that provides merchant services including payment processing, POS systems, credit card terminals, payment gateways, dual pricing programs, and cost consulting for businesses across the United States. The Site provides information about our services and allows prospective merchants, clients, and sales agent applicants to submit inquiries, request rate analyses, and apply to our partner programs. The Platform additionally provides account portals and a mobile application through which approved agents and partners manage leads, submit merchant applications, and track their activity, and through which merchants may complete applications and sign agreements. The Site itself does not process payments or conduct financial transactions; merchant payment processing is provided under separate merchant processing agreements with our acquiring bank partners.

3. Submission of Personal Information — Merchants and Clients

When you submit a contact form, rate analysis request, or any other inquiry through the Site, you agree to the following:

• You consent to Optec Payments collecting, storing, and using the personal and business information you provide for the purpose of evaluating your service needs and responding to your inquiry.
• You represent that the information you submit is accurate, complete, and belongs to you or a business entity you are authorized to represent.
• Submission of a contact form or rate analysis request does not constitute an application for a merchant account or a guarantee of service eligibility. All merchant accounts are subject to approval and underwriting by our acquiring bank partners.
• Actual merchant services, pricing, and terms are governed by separate merchant processing agreements that will be provided upon account approval. Nothing on this Site constitutes a binding pricing commitment.
• Rate estimates, savings projections, and other financial information provided through the Site are for informational purposes only and do not constitute guarantees of future savings or performance.

4. Submission of Personal Information — 1099 Agent Applicants

When you submit an agent onboarding application through the Platform — including uploading personal identification documents, tax forms, and banking documents — you agree to the following:

• Consent to collection of sensitive documents. You expressly consent to Optec Payments collecting, storing, and processing copies of your government-issued photo identification, IRS Form W-9, and voided check or bank letter. These documents are collected for identity verification, 1099 tax reporting, and compensation payment purposes only.
• Accuracy of submitted information. You represent and warrant that all information and documents you submit are true, accurate, complete, and authentic. Submitting fraudulent, forged, or falsified documents is a violation of federal and state law and these Terms.
• No guarantee of acceptance. Submission of an agent application does not guarantee acceptance into the Optec Payments agent or partner program. All applications are subject to review and approval at Optec Payments' sole discretion.
• Independent contractor status. If approved, you will be engaged as an independent contractor — not an employee — of Optec Payments. You are responsible for all taxes on your own compensation. Optec Payments will issue IRS Form 1099-NEC for earnings that meet applicable reporting thresholds.
• Confidentiality of program information. Information about commission structures, pricing, merchant relationships, and internal business processes shared with you as part of the agent program is confidential. You agree not to disclose such information to third parties.
• Compliance with applicable law. You agree to comply with all applicable federal, state, and local laws and regulations in your activities as an agent or partner, including but not limited to those governing solicitation, advertising, and financial services.

5. Consent to Electronic Signatures and Records

Certain agreements — including participation agreements and merchant service agreements — may be presented for signature electronically through the Platform or through a third-party electronic signature service such as DocuSign. By signing a document electronically, you agree that:

• Your electronic signature (whether typed, drawn, or applied through a signature service) has the same legal force and effect as a handwritten signature, consistent with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law
• You consent to receive agreements, disclosures, and records relating to your relationship with Optec Payments electronically, including by email and through the Platform
• We will retain the executed record — including your signer name, the date and time of signing, and the document version — as evidence of the agreement
• You may request a paper copy of any executed agreement, or withdraw your consent to electronic records for future documents, by contacting us at Sales@optecpay.com; withdrawing consent may delay or prevent completion of applications that require signed documents

6. AI-Generated Content

Parts of the Platform use artificial intelligence to generate summaries, insights, recommendations, and chat responses — for example, daily activity overviews, prospect insights, and AI-assisted chat features. You acknowledge and agree that:

• AI-generated content is provided for informational and convenience purposes only and may be incomplete, outdated, or inaccurate
• AI-generated content does not constitute financial, legal, tax, or other professional advice, and is not a binding pricing commitment, savings guarantee, or eligibility determination
• You are responsible for independently verifying any AI-generated information before relying on it or communicating it to a customer or merchant
• Optec Payments disclaims all liability arising from reliance on AI-generated content to the fullest extent permitted by law

7. Mobile Application

Optec Payments offers a mobile application for approved agents and partners. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the mobile application on devices you own or control, solely for your authorized activities as an agent or partner. You agree that:

• You will not copy, modify, reverse engineer, or distribute the application, or use it for any purpose other than your authorized program activities
• Device permissions the application requests (such as camera, photo library, and push notifications) are optional and can be managed in your device settings; declining a permission may limit related features
• Documents and photos you upload through the application are handled as described in our Privacy Policy
• Your use of the application is also subject to the terms of the app marketplace from which you downloaded it (such as the Apple App Store or Google Play), and those marketplaces are not responsible for the application or its content
• We may update, modify, or discontinue the application, or suspend access, at any time

8. White-Label Partner Programs

The Platform also powers branded portals and mobile experiences operated by partner organizations under their own names, logos, and domains ("Partner Programs"). If you access the Platform through a Partner Program:

• Your program relationship — including commissions, approvals, communications, and program rules — is with the partner organization that operates that Partner Program, and is governed by the agreements you enter into with that organization
• Optec Payments provides the underlying technology and processes information on the partner organization's behalf, as described in our Privacy Policy
• These Terms govern your use of the underlying Platform technology; the partner organization is responsible for the content, offers, and representations made under its own branding
• Optec Payments is not a party to, and is not responsible for, commitments made to you by a partner organization

9. Permitted Use of the Platform

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Platform in any way that violates any applicable federal, state, or local law or regulation
• Submit false, misleading, fraudulent, or inaccurate information through any form on the Platform
• Upload documents that are forged, altered, or do not belong to you
• Attempt to gain unauthorized access to any portion of the Platform, our servers, or our databases
• Use any automated system, bot, scraper, or spider to access the Platform
• Interfere with or disrupt the Platform or servers or networks connected to the Platform
• Upload malicious code, viruses, or other harmful content through any form or upload feature
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

10. Intellectual Property

All content on the Platform — including text, graphics, logos, icons, images, software, and design — is the property of Optec Payments or its licensed content providers and is protected by United States and international copyright, trademark, and intellectual property laws. You may not reproduce, distribute, modify, publicly display, or create derivative works of any Platform content without our prior written consent. Use of the Optec Payments name, logo, or branding in any manner not expressly authorized by us is strictly prohibited.

11. Privacy

Your use of the Platform and submission of personal information is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the data practices described in the Privacy Policy.

12. Disclaimer of Warranties

The Platform and all information, content, and services provided through the Platform are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Optec Payments does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components. Rate estimates, savings projections, AI-generated content, and other financial information provided are for informational purposes only and do not constitute guarantees of future performance or savings.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Optec Payments and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of profits, revenues, data, goodwill, or business opportunities — arising out of or related to your access to or use of the Platform, submission of personal information, or reliance on any content provided through the Platform. Our total aggregate liability to you for any claim arising under these Terms shall not exceed one hundred dollars ($100.00).

14. Indemnification

You agree to indemnify, defend, and hold harmless Optec Payments and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your submission of false, inaccurate, or fraudulent information or documents; (d) your activities as an agent or partner; or (e) your violation of any applicable law or the rights of any third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Optec Payments is domiciled, without regard to conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the parties agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association, conducted on an individual (non-class) basis. Nothing in this section prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Optec Payments regarding your use of the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties. Separate merchant processing agreements, agent agreements, or partner program agreements — when executed — govern the respective business relationships and supplement but do not replace these Terms.

18. Contact Information

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