Terms of Service

1. Services and Third-Party Platforms

Collect facilitates payment processing by connecting your device to your Stripe, Inc. (“Stripe”) account.

• Third-Party Reliance: Our Services rely on third-party platforms and hardware (such as card readers). We are not responsible for the performance, availability, or security of Stripe or any third-party hardware manufacturers.
• Compliance: You agree to comply with all applicable third-party terms, including the Stripe Services Agreement and Connected Account Agreement.

2. Fees and Payments

• Fees: A standard application fee of 1.3% applies to all transactions processed through any of our products (including Web Forms, Invoices, TextPay, etc.) unless otherwise agreed in writing.
• Deduction: Fees are typically deducted automatically at the time of transaction.
• Refunds: Application fees are non-refundable, including in cases where you refund the underlying transaction to your customer.

3. Usage and Responsibilities

• Transactions: You are solely responsible for the products or services you sell. CFS Interactive, LLC has no liability for underlying transactions, customer disputes, chargebacks, or your relationship with your customers.
• Taxes and Compliance: You are responsible for all taxes, including VAT/sales tax. You agree to use the Services only for lawful purposes and in compliance with all export laws and trade sanctions.

4. Data and Privacy

Collect acts as a pass-through for transaction data. We do not store sensitive payment details on our servers. Your use of the Services is subject to our Privacy Policy.

5. Intellectual Property

All software, graphics, and content comprising the Services are the exclusive property of CFS Interactive, LLC. Your license to use the Services is limited, non-exclusive, and revocable.

6. Disclaimer and Limitation of Liability

The Services are provided “as is” without warranties of any kind. To the maximum extent permitted by law:

• CFS Interactive, LLC disclaims all liability for any indirect, incidental, or consequential damages.
• Our total aggregate liability for any claim arising from these terms or the services shall not exceed the total fees paid by you to us in the preceding twelve (12) months.

7. Indemnification

You agree to indemnify, defend, and hold CFS Interactive, LLC and its affiliates harmless from any claims, losses, or legal fees arising from your use of the Services, your transactions, or your violation of these Terms.

8. Governing Law, Arbitration, and Class Action Waiver

• Governing Law: These Terms are governed by the laws of the State of Texas.
• Disputes: Any dispute shall be resolved via binding arbitration in Austin, Texas, under JAMS rules.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

9. Miscellaneous

• Entire Agreement: These Terms (and the Privacy Policy) constitute the entire agreement between the parties.
• Severability: If any part of these Terms is held invalid, the remainder remains in full force.
• Modifications: We may update these Terms by posting a revised version. Continued use constitutes acceptance.