OptiPay360, a platform operated by Optimum Payment Solutions
Effective Date: June 23, 2026 | Last Updated: June 23, 2026
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the OptiPay360 platform ("OptiPay360," the "Platform," or the "Service"), operated by Optimum Payment Solutions ("Optimum," "we," "us," or "our"). By creating an account or using the Service, you ("Merchant," "you," or "your") agree to these Terms. If you do not agree, do not use the Service.
2. Description of Service
OptiPay360 is a payment and business management platform that enables Merchants to create and send invoices and estimates, accept card payments (including in person and via payment links), manage customers and appointments, process refunds and voids, view settlement and transaction reporting, and use related business tools. Payment processing is provided through third-party payment gateways and processors.
3. Eligibility & Accounts
You must be a business or authorized representative of a business, at least 18 years old, and able to form a binding contract. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current, and complete information and to keep it updated.
4. Payment Processing
Payment processing is performed by third-party payment gateways and processors, subject to their terms and to applicable card-network rules. You are responsible for:
- Maintaining any required merchant processing accounts and gateway credentials
- Compliance with all applicable card-network rules, PCI DSS, and payment laws
- The accuracy of transactions, invoices, refunds, and the amounts charged
- Any chargebacks, disputes, fees, and reserves associated with your processing
Optimum is not the payment processor of record unless expressly stated and does not guarantee approval of any transaction.
5. Dual Pricing / Surcharging
Where you enable dual pricing, surcharging, or similar fee programs, you are solely responsible for ensuring such programs comply with applicable card-network rules and federal, state, and local law. You are responsible for proper disclosure to your customers.
6. Merchant Responsibilities & Acceptable Use
You agree not to use the Service to:
- Violate any law, regulation, or card-network rule
- Process transactions that are fraudulent, unauthorized, or for prohibited products/services
- Send messages without required consent (see Messaging Terms)
- Infringe the rights of others or upload malicious code
- Attempt to gain unauthorized access to the Service or interfere with its operation
You are responsible for your own customers' data that you process through the Platform, including having a lawful basis and appropriate consents.
7. Communications & Messaging
By using the Service, you authorize the Platform to send communications related to your transactions and account. Your use of SMS/text features is governed by our Messaging Terms and requires that you obtain and maintain valid consent from your customers. You are responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and related laws.
8. Fees
Fees for use of the Platform are as agreed between you and Optimum (or your reseller). Payment processing fees are separate and governed by your processing agreement. Fees are non-refundable except as required by law or expressly stated.
9. Intellectual Property
The Platform, including its software, design, and content, is owned by Optimum and its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service per these Terms. You may not copy, modify, reverse engineer, resell, or create derivative works except as expressly authorized in writing.
10. Third-Party Services
The Service integrates with third-party services (payment gateways, communications providers, and others). Your use of those services may be subject to their terms. We are not responsible for third-party services.
11. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMUM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE [TWELVE (12)] MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify and hold harmless Optimum and its affiliates from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, your violation of any law or card-network rule, or your handling of your customers' data and consent.
14. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms, risk or compliance concerns, or as required by law or our processing partners. You may stop using the Service at any time. Provisions that by their nature should survive termination will survive.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-laws principles. [Any dispute resolution / arbitration / venue provisions to be specified.]
16. Changes to These Terms
We may modify these Terms from time to time. Material changes will be indicated by updating the "Last Updated" date and, where appropriate, additional notice. Continued use after changes constitutes acceptance.
17. Contact
Optimum Payment Solutions — OptiPay360
Indianapolis, IN 46236
Email: support@optipay360.com
This document is provided as a general template and does not constitute legal advice. We strongly recommend review by qualified legal counsel before reliance, particularly given payment processing, dual pricing, and reseller activities.