PAYFULL
TERMS OF SERVICE
Effective Date: March 9, 2026
Last Updated: March 9, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE OR OUR SERVICES.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 21, WHICH AFFECT YOUR LEGAL RIGHTS. BY USING OUR WEBSITE OR SERVICES, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. PLEASE READ SECTION 21 CAREFULLY.
1. AGREEMENT TO TERMS
These Terms of Service ("Terms," "Terms of Service," or "Agreement") constitute a legally binding agreement between you ("you," "your," or "User") and NV PIF ENTERPRISES LLC, a Nevada limited liability company, doing business as PAYFULL ("PAYFULL," "Company," "we," "us," or "our"), with its principal address at 1057 Whitney Ranch Dr, Suite 350, Henderson, NV 89014.
These Terms govern your access to and use of: (a) our website located at payfull.com and any related subdomains (collectively, the "Website"); (b) our proprietary platform, dashboard, tools, and integrations (the "Platform"); and (c) all consulting, advisory, and support services provided by PAYFULL (collectively with the Website and Platform, the "Services").
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you must not access or use the Services.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on our Website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. You are responsible for reviewing these Terms periodically.
2. ELIGIBILITY
To access or use the Services, you must:
● Be at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
● Have the legal capacity and authority to enter into a binding agreement;
● If using the Services on behalf of a business entity, have the authority to bind that entity to these Terms;
● Not be prohibited from using the Services under any applicable law or regulation;
● Not have been previously suspended or removed from the Services by PAYFULL.
By using the Services, you represent and warrant that you meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Services.
3. DESCRIPTION OF SERVICES
3.1 What We Do
PAYFULL is a consulting firm that provides advisory, integration, and support services related to third-party financing solutions, including buy now, pay later ("BNPL") platforms. Our Services may include, but are not limited to:
● Education and guidance regarding financing and funding structures;
● Consulting on the setup, configuration, and integration of third-party BNPL solutions;
● Operational and workflow consulting;
● Strategic advisory related to funding eligibility and positioning;
● Ongoing consulting, technical support, and advisory services;
● Access to our proprietary Platform for transaction facilitation and management.
3.2 What We Are NOT
IMPORTANT DISCLAIMER: You expressly acknowledge and agree that:
● PAYFULL IS NOT a lender, bank, credit union, financing company, credit card issuer, BNPL provider, funding source, or any other type of financial institution;
● PAYFULL DOES NOT underwrite, approve, deny, issue, guarantee, fund, or service any financing, funding, loan, or credit product;
● PAYFULL DOES NOT make credit decisions or determine creditworthiness;
● PAYFULL DOES NOT act as a broker, agent, or intermediary in the extension of credit;
● PAYFULL HAS NO authority, control, or influence over any third-party financing or funding provider's decisions, rates, terms, approvals, denials, or any other aspect of their services;
● All financing and funding decisions are made solely by independent third-party providers.
WE PROVIDE CONSULTING SERVICES ONLY. We help businesses integrate and optimize third-party financing solutions; we do not provide the financing itself.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation
To access certain features of the Services, you may be required to create an account ("Account"). When creating an Account, you agree to:
● Provide accurate, current, and complete information;
● Maintain and promptly update your Account information to keep it accurate, current, and complete;
● Maintain the security and confidentiality of your login credentials;
● Notify us immediately of any unauthorized use of your Account or any other breach of security;
● Accept responsibility for all activities that occur under your Account.
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials. You agree not to share your login credentials with any third party. PAYFULL will not be liable for any loss or damage arising from your failure to maintain the security of your Account.
4.3 Account Termination
We reserve the right to suspend, disable, or terminate your Account at any time, with or without notice, for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of fees; or (d) conduct that we determine, in our sole discretion, to be harmful to PAYFULL, other users, third parties, or the integrity of the Services.
5. FEES AND PAYMENT TERMS
5.1 Fees
Access to certain Services requires payment of fees as set forth in a separate Consulting Agreement or Order Form executed between you and PAYFULL. All fees are quoted in United States Dollars (USD) unless otherwise specified.
5.2 Payment Terms
You agree to pay all fees in accordance with the payment terms specified in your Consulting Agreement or Order Form. Unless otherwise agreed in writing:
● One-time fees are due upon execution of the applicable agreement;
● Recurring fees (such as transaction fees) are billed monthly;
● All fees are non-refundable except as expressly provided in your Consulting Agreement.
5.3 Late Payments
Late payments shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less, from the due date until paid in full. You shall be responsible for all costs of collection, including reasonable attorneys' fees and court costs.
5.4 Taxes
All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for paying all such taxes, levies, or duties, excluding only taxes based on PAYFULL's net income.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 PAYFULL's Intellectual Property
All right, title, and interest in and to the Services, including but not limited to the Website, Platform, software, algorithms, tools, dashboards, integrations, documentation, methodologies, processes, trade secrets, trademarks, service marks, logos, and all other intellectual property rights therein (collectively, "PAYFULL IP"), are and shall remain the sole and exclusive property of PAYFULL and/or its licensors.
Except for the limited license granted herein, nothing in these Terms shall be construed as granting you any right, title, or interest in or to the PAYFULL IP. You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the PAYFULL IP without our prior written consent.
6.2 Limited License
Subject to your compliance with these Terms and payment of all applicable fees, PAYFULL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes as contemplated by these Terms and any applicable Consulting Agreement.
6.3 Restrictions
You shall not, and shall not permit any third party to:
● Copy, modify, or create derivative works of the Services or any component thereof;
● Reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Services;
● Sublicense, resell, rent, lease, transfer, assign, or otherwise dispose of the Services;
● Remove, alter, or obscure any proprietary notices, labels, or marks on the Services;
● Use the Services to develop a competing product or service;
● Access the Services for purposes of competitive analysis, benchmarking, or building a similar product or service;
● Use the Services in any manner that violates applicable law or these Terms.
6.4 Feedback
If you provide any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby assign to PAYFULL all right, title, and interest in and to such Feedback, and PAYFULL shall be free to use, disclose, reproduce, license, and otherwise exploit such Feedback without restriction or compensation to you.
7. USER CONDUCT AND ACCEPTABLE USE
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:
● Use the Services in any way that violates any applicable federal, state, local, or international law or regulation;
● Use the Services for any fraudulent, deceptive, or illegal purpose;
● Provide false, inaccurate, or misleading information in connection with your use of the Services;
● Impersonate or attempt to impersonate PAYFULL, a PAYFULL employee, another user, or any other person or entity;
● Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Services;
● Attempt to gain unauthorized access to any portion of the Services, other users' accounts, or any systems or networks connected to the Services;
● Use any robot, spider, scraper, or other automated means to access the Services without our prior written consent;
● Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
● Interfere with, disrupt, or create an undue burden on the Services or the networks or systems connected to the Services;
● Use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
● Use the Services in any manner that could disable, overburden, damage, or impair the Services.
8. THIRD-PARTY SERVICES AND PROVIDERS
8.1 Third-Party BNPL Providers
The Services may involve integration with or access to third-party BNPL providers, financing sources, payment processors, and other third-party services (collectively, "Third-Party Providers"). You acknowledge and agree that:
● Third-Party Providers are independent entities and are not controlled by, affiliated with, or endorsed by PAYFULL;
● Your use of Third-Party Provider services is subject to the terms, conditions, and privacy policies of those Third-Party Providers;
● PAYFULL has no control over and assumes no responsibility for Third-Party Providers' content, privacy policies, practices, approval criteria, underwriting standards, rates, terms, or any other aspect of their services;
● PAYFULL makes no representations or warranties regarding Third-Party Providers or their services;
● PAYFULL is not responsible for any actions, decisions, delays, denials, disputes, or changes made by Third-Party Providers.
8.2 Third-Party Links
The Website may contain links to third-party websites or resources. These links are provided solely for your convenience. PAYFULL is not responsible for the content, products, or services of any linked websites and does not endorse any content, opinions, or recommendations expressed therein.
9. DISCLAIMER OF PROFESSIONAL ADVICE
9.1 Not Financial, Legal, or Tax Advice
THE SERVICES, INCLUDING ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SERVICES, ARE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.
PAYFULL is not a registered investment adviser, broker-dealer, financial planner, certified public accountant, or attorney. Nothing in the Services should be construed as:
● An offer, solicitation, or recommendation to buy or sell any securities, financial instruments, or investments;
● Personalized financial, investment, or tax advice;
● Legal advice or legal opinion;
● A guarantee of any particular outcome or result.
9.2 Consult Qualified Professionals
You should consult with qualified financial advisors, attorneys, accountants, and other professionals before making any financial, legal, or business decisions. You are solely responsible for evaluating the merits and risks of any financing arrangements, business decisions, or transactions you undertake.
9.3 No Fiduciary Relationship
Nothing in these Terms or the Services creates a fiduciary relationship between PAYFULL and you. PAYFULL does not owe you any fiduciary duties.
10. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
PAYFULL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
● IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
● WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
● WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
● WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES;
● WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
PAYFULL DOES NOT WARRANT OR GUARANTEE:
● THAT YOU WILL BE APPROVED FOR FINANCING OR FUNDING FROM ANY THIRD-PARTY PROVIDER;
● ANY PARTICULAR CREDIT LIMIT, INTEREST RATE, REPAYMENT TERMS, OR FUNDING AMOUNT;
● THE AVAILABILITY OR CONTINUITY OF ANY THIRD-PARTY FINANCING PROGRAM;
● ANY SPECIFIC BUSINESS RESULTS, REVENUE, CONVERSIONS, OR PERFORMANCE IMPROVEMENTS;
● ANY PARTICULAR TRANSACTION VOLUME, APPROVAL RATE, OR CHARGEBACK RATE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such cases, PAYFULL's warranties shall be limited to the minimum extent permitted by applicable law.
11. LIMITATION OF LIABILITY
11.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYFULL, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
● INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
● LOSS OF PROFITS, REVENUE, SALES, BUSINESS, OR BUSINESS OPPORTUNITIES;
● LOSS OF DATA OR DATA BREACH;
● LOSS OF GOODWILL OR REPUTATION;
● COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
● ANY OTHER INTANGIBLE LOSSES,
ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF PAYFULL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
● Essential Cookies: Required for basic website functionality and security
● Functional Cookies: Remember your preferences and settings
● Analytics Cookies: Help us understand how visitors use our website
● Performance Cookies: Monitor and improve website performance
11.2 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYFULL'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO PAYFULL IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
11.3 Exceptions
The limitations of liability set forth in this Section 11 shall not apply to: (a) your breach of Section 6 (Intellectual Property Rights); (b) your indemnification obligations under Section 12; (c) your payment obligations; or (d) either party's gross negligence, willful misconduct, or fraud.
11.4 Essential Purpose
THE LIMITATIONS OF LIABILITY IN THIS SECTION 11 ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PAYFULL. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PAYFULL, NV PIF Enterprises LLC, and their respective members, managers, officers, directors, employees, agents, contractors, affiliates, licensors, and service providers (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
● Your access to or use of the Services;
● Your breach of these Terms or any representation, warranty, or covenant made by you herein;
● Your violation of any applicable law, regulation, or third-party right;
● Your business operations, practices, or interactions with your customers, clients, or end users;
● Any content, data, or information you provide through the Services;
● Any dispute between you and any third party, including any Third-Party Provider;
● Any chargebacks, refunds, reversals, or disputed transactions arising from your use of the Services;
● Any claims arising from your use or misuse of financing or funding solutions obtained through or in connection with the Services;
● Any regulatory, compliance, disclosure, or consumer protection issues related to your business.
PAYFULL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PAYFULL's defense of such claim.
13. CONFIDENTIALITY
You acknowledge that, in connection with your use of the Services, you may receive or have access to confidential and proprietary information of PAYFULL, including but not limited to business plans, strategies, pricing, technology, processes, customer information, and other non-public information ("Confidential Information").
You agree to:
● Maintain the confidentiality of all Confidential Information;
● Not disclose Confidential Information to any third party without PAYFULL's prior written consent;
● Use Confidential Information solely for the purposes contemplated by these Terms;
● Take reasonable measures to protect the confidentiality of Confidential Information.
The obligations in this Section 13 shall survive termination of these Terms for a period of three (3) years.
14. PRIVACY
Your privacy is important to us. Our collection, use, and disclosure of personal information in connection with the Services is governed by our Privacy Policy, which is available on our Website and incorporated herein by reference. By using the Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
You represent and warrant that any personal information you provide to us, including information about your customers or end users, has been collected in compliance with all applicable privacy laws and that you have obtained all necessary consents and authorizations to share such information with PAYFULL.
15. DATA SECURITY
PAYFULL implements reasonable administrative, technical, and physical security measures designed to protect the information we collect and maintain. However, no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
You are responsible for maintaining the security of your Account credentials and for any activities that occur under your Account. You agree to notify us immediately of any unauthorized access to or use of your Account.
16. ELECTRONIC COMMUNICATIONS AND SIGNATURES
16.1 Consent to Electronic Communications
By using the Services, you consent to receive electronic communications from PAYFULL, including but not limited to emails, text messages, in-app notifications, and notices posted on the Website or Platform. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
16.2 Electronic Signatures
In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA), you agree that your electronic signature, whether by clicking an "I Accept," "I Agree," or similar button, checking a box, or typing your name, has the same legal effect as your handwritten signature and creates a legally binding agreement.
16.3 Text Messaging
If you provide your mobile phone number and opt in to receive text messages, your receipt of SMS communications from PAYFULL is governed by Section 24 (SMS Messaging Terms) of these Terms and our Privacy Policy.
17. TERM AND TERMINATION
17.1 Term
These Terms are effective upon your first access to or use of the Services and shall continue until terminated by either party.
17.2 Termination by You
You may terminate these Terms at any time by ceasing all use of the Services and, if applicable, closing your Account. Termination does not relieve you of any obligations that accrued prior to termination, including payment obligations.
17.3 Termination by PAYFULL
PAYFULL may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:
● Breach of these Terms;
● Fraudulent, abusive, or illegal activity;
● Non-payment of fees;
● Discontinuation of the Services;
● Any other reason at PAYFULL's sole discretion.
17.4 Effect of Termination
Upon termination:
● Your right to access and use the Services shall immediately cease;
● Your license to the PAYFULL IP shall immediately terminate;
● You shall remain liable for all fees and charges incurred prior to termination;
● PAYFULL may retain and use your data as permitted by our Privacy Policy and applicable law;
● Sections 6, 9, 10, 11, 12, 13, 14, 18, 19, 20, 21, 22, 23, and 24 shall survive termination.
18. GOVERNING LAW
These Terms and any dispute or claim arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
19. VENUE AND JURISDICTION
Subject to Section 21 (Arbitration and Class Action Waiver), any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Clark County, Nevada. Each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
20. WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
21.1 Agreement to Arbitrate
You and PAYFULL agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes"), shall be resolved exclusively through final and binding arbitration, rather than in court, except that: (a) either party may assert claims in small claims court if the claims qualify; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
21.2 Arbitration Rules and Forum
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration shall be conducted by a single arbitrator. The arbitration shall be held in Clark County, Nevada, or at another location mutually agreed upon by the parties. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
21.3 Authority of Arbitrator
The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this arbitration agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.
21.4 CLASS ACTION WAIVER
YOU AND PAYFULL AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE-PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). YOU AND PAYFULL EXPRESSLY WAIVE ANY RIGHT TO FILE A CLASS ACTION OR TO SEEK RELIEF ON A CLASS BASIS.
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
21.5 Waiver of Private Attorney General Actions
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING ANY DISPUTE AS A PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR IN ANY OTHER REPRESENTATIVE CAPACITY.
21.6 Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. Each party shall bear its own attorneys' fees and costs, unless the arbitrator determines that a party's claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys' fees to the prevailing party.
21.7 Opt-out
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted these Terms by sending written notice of your decision to opt out to: NV PIF Enterprises LLC d/b/a PayFull, Attn: Legal - Arbitration Opt-Out, 1057 Whitney Ranch Dr, Suite 350, Henderson, NV 89014. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply.
21.8 Severability
If any portion of this Section 21 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) the severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 21 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration.
21.9 Survival
This Section 21 shall survive termination of these Terms and your use of the Services.
22. FORCE MAJEURE
PAYFULL shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond PAYFULL's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, labor disputes, power outages, telecommunications failures, cyberattacks, or any other similar cause.
23. GENERAL PROVISIONS
23.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and PAYFULL regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof.
23.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, which shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties.
23.3 Waiver
No waiver by PAYFULL of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. PAYFULL's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
23.4 Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without the prior written consent of PAYFULL. PAYFULL may freely assign, transfer, or delegate these Terms or any of its rights or obligations hereunder without notice or consent. Any purported assignment, transfer, or delegation in violation of this Section shall be null and void. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
23.5 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
23.6 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
23.7 Independent Contractor
The relationship between PAYFULL and you is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.
23.8 Notices
All notices required or permitted under these Terms shall be in writing. Notices to PAYFULL shall be sent to: NV PIF Enterprises LLC d/b/a PayFull, Attn: Legal, 1057 Whitney Ranch Dr, Suite 350, Henderson, NV 89014, or by email to [email protected]. Notices to you shall be sent to the email address associated with your Account or any other address you provide to us.
24. SMS Messaging Terms
By providing your phone number through our website or forms and providing express consent, you agree to receive SMS messages from NV PIF ENTERPRISES LLC (operating as PayFull) related to account notifications, onboarding updates, payment alerts, and other service-related communications. Where applicable, a separate optional consent may be provided for marketing or promotional messages.
Users provide consent by entering their phone number and affirmatively checking a consent checkbox at the time of submission.
Message frequency may vary. Message and data rates may apply depending on your mobile carrier.
You can opt out of SMS messages at any time by replying STOP. For assistance, reply HELP.
Carriers are not responsible for delayed or undelivered messages.
For more information about how we collect and use your information, please review our Privacy Policy.
25. NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, pursuant to California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
26. ACCESSIBILITY
PAYFULL is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. If you have difficulty accessing any content or features on our Website or Platform, please contact us at [email protected].
27. CONTACT INFORMATION
If you have any questions, concerns, or comments about these Terms or the Services, please contact us at:
NV PIF Enterprises LLC d/b/a PayFull
1057 Whitney Ranch Dr, Suite 350
Henderson, NV 89014
Email: [email protected]
This Privacy Policy was last updated on March 9, 2026. Please retain a copy for your records.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Financing Infrastructure for High-Ticket Businesses
PAYFULL is a financing enablement and payment orchestration platform. PAYFULL is not a lender, merchant of record, or payment processor. PAYFULL does not hold client funds. Revenue projections referenced are scenario-based illustrations and are not guarantees of performance. Results depend on individual business factors including offer quality, sales execution, and compliance.