Terms & Privacy

Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the PayWavez website, online merchant application, and related services (together, the “Services”), operated by PayWavez, LLC (“PayWavez,” “we,” “us,” or “our”), based in Gulf Shores, Alabama. By accessing the website, submitting a merchant application, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

If you are accepting these Terms on behalf of a business, you represent that you have the authority to bind that business, and “you” refers to both you individually and the business.

2. Description of Services

PayWavez provides a self-service platform that allows U.S.-based small businesses to apply for merchant payment processing, request point-of-sale (POS) terminal placement, and manage related account information online, without requiring a sales call. Actual card and payment processing, underwriting, and settlement are performed by our payment processing partners and their sponsor bank(s), not by PayWavez directly. Your use of processing services is also subject to the separate merchant processing agreement and terms you accept from our processing partner upon approval.

The Services are currently offered only to businesses located and operating in the United States. We may expand availability to additional countries in the future; this section will be updated if and when we do.

3. Eligibility

To use the Services, you must be at least 18 years old, able to form a legally binding contract, operating a legitimate U.S.-based business, and authorized to submit an application on that business's behalf. We reserve the right to refuse service, decline an application, or terminate an account at our discretion, including where we suspect fraud, misrepresentation, or a violation of these Terms.

4. Merchant Application, Verification & Approval

4.1 Self-service application. You may submit a merchant application directly through our website at any time. Submitting an application does not guarantee approval, specific pricing, or specific terms.

4.2 Identity and bank account verification. As part of the application process, you will be asked to complete identity and bank account verification through Plaid or a similar verification provider. This step exists to protect you and PayWavez against fraud and to satisfy know-your-customer (“KYC”) requirements applicable to payment processing. You consent to PayWavez and its processing and verification partners collecting, using, and verifying the information you provide for these purposes. Use of the verification provider's services is also subject to that provider's own terms and privacy policy.

4.3 Underwriting and final approval. All applications are subject to review, underwriting, and final approval by our processing partner and its sponsor bank. Final pricing, rates, fees, reserve requirements, and account terms are determined during underwriting and disclosed to you in your merchant processing agreement before your account goes live. We do not guarantee approval, specific rates, or a specific timeline.

4.4 One account, one business. Each approved merchant receives its own dedicated merchant identification number (“MID”) in the business's own name — accounts are not shared or aggregated across unrelated businesses.

4.5 Fraud prevention. We actively monitor applications for signs of fraud or misrepresentation, including through identity and bank verification. We reserve the right to deny, suspend, or terminate any application or account we reasonably believe involves fraudulent, inaccurate, or misleading information, and to report suspected fraud to applicable payment networks, our processing partners, and law enforcement as required or permitted by law.

5. Fees

Processing rates, monthly fees, equipment costs (including any free-terminal placement program terms), and any other charges applicable to your account will be disclosed to you in writing before your account is activated, as part of your merchant processing agreement. Fees are subject to change with notice as provided in that agreement. Nothing on this website is a binding rate quote until confirmed in your signed merchant agreement.

6. Equipment Placement & Ownership

Any hardware provided to the merchant at no upfront cost remains the sole property of PayWavez and is licensed exclusively for processing through our network. Upon account termination, all provided equipment must be returned in good, working condition within ten (10) days. Failure to return the equipment within this timeframe, or returning damaged equipment, will result in an automatic replacement fee equivalent to the full retail value of the hardware being charged to the merchant's account.

7. Promotional Offers

From time to time PayWavez may offer promotions, referral credits, rate-review programs, or other incentives (“Promotions”). Any Promotion is subject to its own specific terms, eligibility criteria, and availability, which will be disclosed at the time the Promotion is offered, and may be modified or discontinued at any time. Participation in a Promotion does not guarantee any specific financial outcome.

8. Merchant Referral Program

To qualify for the $500 referral statement credit, the referred business must be a new customer, actively process a minimum of $5,000 in volume, and remain in good standing for 30 days. Self-referrals are strictly prohibited. PayWavez reserves the right to withhold or revoke referral credits if fraud or abuse is suspected, and retains the right to modify or terminate this program at any time.

9. SMS / Text Messaging Terms

Program description. PayWavez may send SMS text messages related to your application, account, and customer support (for example: application status updates, verification reminders, and requested links) to the mobile number you provide, and — only if you separately opt in — occasional account or promotional updates.

Consent. By providing your mobile number and opting in (including by checking a consent box on our application form or by texting us first), you consent to receive SMS messages from PayWavez at that number, including messages sent using automated technology. Consent to receive SMS messages is not required as a condition of purchasing any goods or services, except where SMS is the verification method you selected.

Message frequency. Message frequency varies based on your application status and your interactions with our team.

Message and data rates. Message and data rates may apply, depending on your mobile carrier and plan. PayWavez is not responsible for carrier charges.

Opt-out. You can opt out of SMS messages at any time by replying STOP to any message from us. After you text STOP, we will send one final confirmation message that you have been unsubscribed, and you will not receive further messages from that program.

Help. Reply HELP to any message for assistance, or contact us at info@paywavez.com or 888-869-2291.

No third-party sharing of SMS data. Your phone number and SMS opt-in status will not be sold or shared with third parties or affiliates for their own marketing purposes. Your consent to receive SMS from PayWavez is specific to PayWavez and is not shared with unaffiliated third parties for their marketing use.

Carriers. Carriers are not liable for delayed or undelivered messages.

10. Intellectual Property

The PayWavez name, logo, and all website content, trademarks, and other intellectual property are owned by PayWavez or its licensors. You may not copy, reproduce, distribute, or create derivative works from any of it without our prior written consent.

11. Acceptable Use

You agree not to: (a) use the Services for any unlawful purpose, including submitting a merchant application for a fraudulent, misrepresented, or prohibited business; (b) attempt to gain unauthorized access to our systems or another user's account; (c) interfere with or disrupt the Services; (d) submit false, inaccurate, or misleading information in an application; or (e) use automated means (bots, scrapers) to access the Services without our permission.

12. Third-Party Links and Services

Our website may link to or integrate with third-party services (for example, identity verification, analytics, or payment processing providers). We do not control and are not responsible for the content, security, or privacy practices of third-party services. Your use of those services is governed by their own terms and privacy policies.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY APPLICATION WILL BE APPROVED.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PAYWAVEZ AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING FROM YOUR USE OF THE SERVICES, DENIAL OF AN APPLICATION, OR ANY TRANSACTION PROCESSED THROUGH OUR PROCESSING PARTNERS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PAYWAVEZ'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED FIVE HUNDRED DOLLARS ($500) OR THE AMOUNT OF FEES YOU PAID DIRECTLY TO PAYWAVEZ (EXCLUDING PROCESSING FEES REMITTED TO OUR PROCESSING PARTNERS) IN THE SIX MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER.

Nothing in these Terms limits liability where prohibited by applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless PayWavez and its officers, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Services, or information you submit that is false or misleading.

16. Dispute Resolution; Arbitration Agreement; Class Action Waiver

Please read this section carefully — it affects your legal rights.

16.1 Informal resolution first. Before filing any claim, you agree to contact us at info@paywavez.com and attempt to resolve the dispute informally for at least 30 days.

16.2 Binding arbitration. If a dispute is not resolved informally, you and PayWavez agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding, individual arbitration administered by a recognized arbitration provider (such as the American Arbitration Association) under its applicable rules, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.

16.3 Class action waiver. You and PayWavez agree that any arbitration or claim will be conducted only on an individual basis and not as a class, consolidated, or representative action. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) may be brought in court, with the rest of this section still applying to all other claims.

16.4 Opt-out. You may opt out of this arbitration agreement by emailing info@paywavez.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration.

16.5 Governing law. These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles, except where a dispute must be arbitrated as described above, in which case the Federal Arbitration Act governs.

17. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, including for suspected fraud or violation of these Terms. Sections that by their nature should survive termination (including Sections 6, 10, and 13–16) will survive. In particular, the equipment ownership and return obligations in Section 6 survive termination regardless of the reason for termination.

18. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new “Effective Date.” Continued use of the Services after changes take effect means you accept the updated Terms.

19. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with any merchant processing agreement you sign, are the entire agreement between you and PayWavez regarding the Services.

20. Contact Us

Questions about these Terms? Contact us at info@paywavez.com, or 888-869-2291.

Privacy Policy

1. Overview

This Privacy Policy explains how PayWavez collects, uses, shares, and protects information when you visit our website or submit a merchant application. It applies to our website and self-service application flow. It does not apply to processing of transaction data that occurs after your account is live, which is governed by your merchant processing agreement and our processing partner's own privacy practices.

2. Information We Collect

• Application & identity information: name, business name, business type, address, email, phone number, and information provided during identity verification (which may include government ID information processed by our verification provider).
• Bank account information: collected through our verification provider (Plaid) to confirm your business bank account for settlement purposes. We do not store your online banking credentials — those are handled directly by the verification provider under its own security and privacy practices.
• Business/financial details: estimated processing volume, business type, and similar details you provide in your application.
• Communications data: records of calls, emails, form submissions, and SMS messages (including opt-in/opt-out status) between you and PayWavez.
• Website usage data: pages visited, browser/device type, approximate location (from IP address), and referral source, collected automatically through analytics tools and cookies.

3. How We Use Information

We use the information above to: process and underwrite your merchant application; verify your identity and bank account and prevent fraud; communicate with you about your application or account (by phone, email, or SMS where you've consented); provide customer support; improve our website and services; and comply with legal, regulatory, and payment-network obligations.

We use your information to send you service-related and, only where you've opted in, promotional communications. You can opt out of promotional communications at any time (see “Your Choices” below).

4. Identity & Bank Verification (Plaid)

We use Plaid Inc. or a similar provider to verify your identity and bank account as part of the application process. When you connect your bank account, information is shared with and processed according to Plaid's own privacy policy, available at plaid.com/legal. PayWavez does not directly store your online banking username or password.

5. How We Share Information

We do not sell your personal information. We share information only:

• with our payment processing partners and their sponsor bank(s), as necessary to underwrite and process your merchant application;
• with identity verification and fraud-prevention providers, to complete the verification steps described above;
• with service providers who help us operate our website, host data, or send communications, under confidentiality obligations;
• when required by law, subpoena, or legal process, or to protect PayWavez's rights, property, or safety, or that of others;
• in connection with a merger, acquisition, or sale of business assets, subject to this Policy continuing to apply to your information; or
• with your consent.

6. SMS / Mobile Data — No Third-Party Marketing Sharing

Consistent with our SMS Terms above: your mobile phone number and SMS consent/opt-in status are never shared with third parties or affiliates for their own marketing or promotional purposes. This information is used solely by PayWavez to communicate with you about your own application, account, and requested support.

7. Cookies & Analytics

We use cookies and similar technologies (such as Google Analytics) to understand how visitors use our website and to improve it. You can control cookies through your browser settings; disabling cookies may affect some website functionality. We do not currently respond to browser “Do Not Track” signals.

8. Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect your information, and rely on PCI-DSS-compliant processing partners and identity-verification providers for payment and banking data. No method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

9. Data Retention

We retain application and account information for as long as needed to provide the Services, comply with legal, tax, and payment-network recordkeeping requirements, resolve disputes, and enforce our agreements, after which we securely delete or de-identify it.

10. Your Privacy Choices & Rights

• Marketing opt-out: Unsubscribe from promotional emails via the link in any email, or text STOP to opt out of SMS.
• Access, correction, deletion: You may request access to, correction of, or deletion of your personal information by emailing info@paywavez.com. We will respond consistent with applicable law and any recordkeeping obligations we have as a payment-services company.
• California residents (CCPA/CPRA): If you are a California resident, you have the right to know what personal information we've collected about you, request deletion (subject to legal exceptions), correct inaccurate information, and opt out of the “sale” or “sharing” of personal information. PayWavez does not sell your personal information. To exercise these rights, contact us at info@paywavez.com. We will not discriminate against you for exercising these rights.
• Other states: Residents of other U.S. states with comprehensive privacy laws may have similar rights; contact us to make a request and we will respond consistent with applicable law.

11. Children's Privacy

Our Services are intended for business use by adults and are not directed to children under 18. We do not knowingly collect personal information from children.

12. Social Media

We may interact with you through our social media accounts (Facebook, Instagram, LinkedIn, YouTube). Interactions on those platforms are also subject to that platform's own privacy policy.

13. U.S.-Only Service Area

Our Services are currently offered only to businesses located in the United States. If we expand to other countries, we will update this Policy to describe any additional cross-border data practices.

14. Third-Party Links

Our website may link to third-party sites (including our processing and verification partners). We are not responsible for the privacy practices of those sites — review their policies separately.

15. Changes to This Policy

We may update this Privacy Policy periodically. Changes will be posted on this page with an updated “Effective Date.”

16. Contact Us

Questions about this Privacy Policy? Contact us at info@paywavez.com, or 888-869-2291.

AI-Generated Content Disclaimer

PayWavez uses AI tools to help produce some website content and imagery. Some images or copy may include AI-generated or AI-assisted elements, used for illustrative purposes. While PayWavez provides the point-of-sale systems and services described on this site, AI-generated visuals may not represent an exact physical environment. We encourage you to confirm specific equipment, rates, and program details with a PayWavez team member before making decisions. PayWavez is not liable for inaccuracies arising from AI-assisted content and will update this disclaimer as needed.