Terms of Service

Terms of Service

InclusivePay — A DBA of Inclusive Holdings

Effective Date: May 11, 2026 | Last Updated: May 11, 2026

inclusivepay.com

IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service constitute a legally binding agreement between you and Inclusive Holdings (operating as InclusivePay). By submitting an application, using our website, or engaging our services in any way, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Parties & Relationship

InclusivePay is a registered DBA of Inclusive Holdings (“Company,” “we,” “us,” or “our”). “You” or “Merchant” refers to the business entity or individual submitting an application or using our Services.

InclusivePay operates as an Independent Sales Organization (ISO). We are a third-party intermediary that markets payment processing services on behalf of acquiring banks and payment processors. We do not directly process transactions, hold merchant funds, or issue merchant accounts. All merchant accounts are issued by and held with our acquiring bank partners.

This means:

Our role is to evaluate your application, match your business with an appropriate banking partner, and facilitate the onboarding process
The ultimate decision to approve or decline your application rests solely with the acquiring bank, not with InclusivePay
Once approved, your merchant agreement is a direct relationship between you and the acquiring bank, governed by that bank’s separate merchant agreement
InclusivePay may continue to provide account management, support, and gateway configuration services under a separate service arrangement

2. Scope of Services

2a. What We Provide

InclusivePay provides the following services (“Services”):

Merchant application review: Evaluating your business, product type, processing history, and risk profile to determine placement eligibility
Bank placement: Submitting your application to one or more acquiring banks on your behalf
Gateway configuration: Assisting with setup of payment gateways, including Authorize.Net, NMI, and alternative processing rails such as eDebit/ACH where applicable
Account management support: Ongoing assistance with account health, chargeback inquiries, and processor communications
Consultation: Guidance on compliance requirements, product-specific restrictions, and processing best practices for high-risk verticals

2b. What We Do Not Provide

Legal advice. Nothing in our communications constitutes legal counsel. Consult a licensed attorney for questions about regulatory compliance, product legality, or contract obligations
Guarantee of approval. Submitting an application does not guarantee merchant account approval. Acquiring banks maintain the sole right to approve, decline, or terminate accounts at their discretion
Financial advice. We do not advise on business finances, investment decisions, or tax obligations
Card network processing for cannabis. We do not place cannabis or dispensary merchants on Visa/Mastercard card rails. We do offer ACH/eDebit solutions for licensed cannabis dispensaries — contact us to discuss eligibility

3. Eligibility & Application Requirements

3a. Eligibility

To use our Services, you must:

Be at least 18 years of age and have legal authority to bind the business entity you represent
Operate a legal business in the United States (or in a jurisdiction where our banking partners accept applications)
Sell products or services in a category we support (CBD, hemp, delta-8, peptides, nootropics, supplements, adult content, or other high-risk verticals we accept)
Not be located in a jurisdiction sanctioned by OFAC or prohibited by our banking partners
Not have been terminated for cause from a prior merchant account due to fraud, excessive chargebacks, or violations of card network rules within the past 5 years, unless disclosed upfront

3b. Application Information

You agree that all information submitted as part of your merchant application is:

Accurate and complete: You will not omit material facts, misrepresent your business type, product descriptions, or anticipated processing volumes
Current: You will notify us promptly of any material changes to your business, products, ownership, or processing activity
Authorized: You have authority to provide all business documents, financial records, and personal information submitted on behalf of principals and owners

Misrepresentation on your application is grounds for immediate termination of services and may be reported to acquiring banks, card networks, and applicable regulatory bodies.

3c. Required Documentation

We or our banking partners may request any of the following during underwriting:

Government-issued photo ID for all principals with 25%+ ownership
Business formation documents (Articles of Incorporation, LLC Operating Agreement, etc.)
EIN documentation and business bank statements (typically 3 months)
Processing history statements from prior processors (typically 3–6 months)
Business tax returns (required by some banks for higher monthly volumes)
Product documentation: Certificates of Analysis (CoA), lab results, LegitScript certification, or equivalent compliance documentation
Website review, including terms, refund policy, and product descriptions

Failure to provide requested documentation within a reasonable timeframe may result in withdrawal of your application.

4. Fees & Payment Terms

4a. Application & Review Fees

Some banking partners charge non-refundable application or underwriting review fees. Where applicable, these fees will be disclosed to you before submission. By authorizing submission to a bank that charges such fees, you acknowledge and accept:

Application fees are non-refundable regardless of the outcome of the underwriting review
Payment of an application fee does not guarantee approval, account activation, or any specific processing terms
InclusivePay does not retain application fees paid directly to acquiring banks; those fees are collected and held by the bank

4b. ISO / Residual Compensation

InclusivePay is compensated through residual income shared by acquiring banks based on your processing volume. This compensation structure is standard in the ISO industry. You are not charged separately by InclusivePay for placement services unless otherwise agreed in writing.

4c. Processing Rates & Fees

Your processing rates, interchange fees, monthly minimums, gateway fees, chargeback fees, and rolling reserve requirements are determined by your acquiring bank and outlined in your Merchant Processing Agreement with that bank. InclusivePay is not a party to that fee schedule and has limited ability to modify terms set by the acquiring bank.

Always review your Merchant Processing Agreement carefully before signing. Contact us if you have questions before executing any agreement.

4d. Chargebacks

You are solely responsible for all chargebacks, retrieval requests, and dispute fees incurred on your merchant account. You acknowledge:

Chargebacks at or above 1.0% of monthly transaction volume may trigger account review, reserve increases, or termination by your acquiring bank
InclusivePay does not absorb or indemnify you against chargeback losses
Maintaining a chargeback ratio below 0.8% is strongly recommended to protect long-term account stability
You are responsible for responding to retrieval requests and chargeback disputes within the timeframes set by your processor and card networks

5. Merchant Obligations & Acceptable Use

5a. Legal Compliance

You are solely responsible for ensuring your business, products, and marketing comply with all applicable federal, state, and local laws and regulations, including but not limited to:

FDA regulations governing product claims, labeling, and marketing (particularly for CBD, hemp, peptides, and nutraceuticals)
FTC rules on advertising, endorsements, and deceptive practices
Card network rules (Visa, Mastercard) governing high-risk merchant categories
State-specific licensing requirements for your product type and business location
Age verification requirements for adult content or age-restricted products

InclusivePay assumes no liability for your failure to comply with applicable law. Non-compliance that results in account termination, fines, or card network penalties is your sole responsibility.

5b. Website & Marketing Requirements

Your website must, at minimum:

Clearly identify your business name and contact information
Display a compliant refund/return policy
Display these Terms of Service and a Privacy Policy
Accurately describe products sold, including all material characteristics
Avoid claims that violate FDA guidance (e.g., disease cure claims for CBD or supplement products)
Include age verification for adult content or age-restricted product categories
Display cardholder data security disclosures as required by PCI-DSS

5c. Prohibited Activities

You agree not to use InclusivePay’s Services, directly or indirectly, to facilitate any of the following:

Processing cannabis transactions on Visa, Mastercard, or any other card network rails. (Note: ACH/eDebit processing for licensed dispensaries is available — see Section 2a)
Pyramid schemes, multi-level marketing violations, or fraudulent business models
Processing transactions for any business type not disclosed in your application
Money laundering, fraud, or processing transactions on behalf of undisclosed third parties
Sale of controlled substances (as classified under the DEA Controlled Substances Act) without proper licensing and disclosures
Gambling or sweepstakes without required licensing
Any activity that violates Visa, Mastercard, or applicable card network Operating Regulations

Important: Engaging in prohibited activities will result in immediate termination of services and may be reported to acquiring banks, card networks, and FinCEN as required by law.

5d. Chargeback Management

You agree to actively manage chargebacks by:

Responding to all dispute requests within required timeframes
Maintaining clear transaction records, delivery confirmations, and customer communication logs
Implementing fraud screening and AVS/CVV verification where available
Notifying us promptly if your chargeback rate approaches 0.75% in any rolling 30-day period

6. No Guarantee of Approval or Continued Service

Submitting an application through InclusivePay does not guarantee merchant account approval. Acquiring bank decisions are final and at the bank’s sole discretion. InclusivePay has no authority to override, reverse, or compel any approval or denial decision made by an acquiring bank.

Additionally, InclusivePay does not guarantee:

Specific processing rates, terms, or reserve requirements
Continuous or uninterrupted payment processing services
That any approved account will remain approved indefinitely
Placement within any specific timeframe, though we target 24–48 hours for eligible CBD/hemp merchants

Acquiring banks and payment processors may terminate merchant accounts at any time for risk-related reasons, regulatory changes, or card network compliance requirements. InclusivePay is not liable for losses resulting from account termination by a banking partner.

7. Confidentiality

In the course of our relationship, both parties may have access to confidential business information. You agree:

Not to disclose any proprietary information about InclusivePay’s banking relationships, placement strategies, underwriting criteria, or pricing structures that we share with you in confidence
That any non-public information we share about acquiring bank requirements or program specifics is confidential and may not be shared with third parties without our written consent

We agree to maintain the confidentiality of your business information in accordance with our Privacy Policy, except as required for placement and underwriting purposes.

8. Intellectual Property

All content on inclusivepay.com, including text, graphics, logos, and service materials, is owned by Inclusive Holdings or its licensors and protected by applicable intellectual property laws.

You may not reproduce, copy, modify, distribute, or commercially exploit any content from our site without prior written permission. You retain ownership of all business documents and materials you submit to us.

9. Disclaimers

9a. Services Provided “As Is”

InclusivePay provides Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

9b. No Legal, Financial, or Compliance Advice

Nothing in our communications, website content, or application process constitutes legal, financial, tax, or regulatory compliance advice. You are responsible for ensuring your business operations comply with all applicable laws independent of any guidance we may offer.

9c. Third-Party Banking Partners

We are not responsible for the decisions, actions, systems, or service quality of our acquiring bank partners, gateway providers, or any third-party processors. Any disputes regarding processing terms, account holds, reserve requirements, or account terminations must be addressed directly with the relevant bank or processor.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUSIVE HOLDINGS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES — INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In all cases, our total cumulative liability to you for any claim arising out of or relating to these Terms or our Services shall not exceed the lesser of:

The total fees paid by you directly to InclusivePay (not to acquiring banks) in the twelve (12) months preceding the claim, or
Five Hundred Dollars ($500.00)

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Inclusive Holdings, its officers, directors, employees, agents, and banking partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

Your violation of these Terms
Your violation of any applicable law, regulation, or card network rule
Any misrepresentation in your merchant application or related documents
Your products, services, marketing claims, or business operations
Any third-party claims arising from your merchant account activity, including fraud claims and chargebacks
Your infringement of any third-party intellectual property or privacy rights

12. Term & Termination

12a. Term

These Terms are effective upon your first use of our Services or submission of an application, and remain in effect until terminated by either party.

12b. Termination by You

You may discontinue use of our Services at any time by notifying us in writing at [email protected]. Termination of your relationship with InclusivePay does not terminate your Merchant Processing Agreement with your acquiring bank. You must contact your bank directly to close your merchant account.

12c. Termination by InclusivePay

We may suspend or terminate our Services to you immediately upon written notice if:

You materially breach these Terms and fail to cure the breach within 10 business days of notice
You provide false or misleading information in your application
Your merchant account is terminated by an acquiring bank for cause
Your chargeback ratio exceeds acceptable thresholds and you fail to take remediation steps
You engage in prohibited activities as outlined in Section 5c
Continued association poses regulatory, reputational, or financial risk to InclusivePay or its banking partners
We cease to offer services to your business category

12d. Effect of Termination

Upon termination: our obligation to provide Services ceases; any pending applications may be withdrawn; provisions of these Terms that by their nature should survive (including Sections 9, 10, 11, and 13) will survive termination.

13. Dispute Resolution

13a. Informal Resolution

Before filing any formal claim, you agree to contact us at [email protected] and give us 30 days to attempt informal resolution. Most concerns can be resolved this way.

13b. Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration will take place in the state of our principal place of business unless otherwise agreed
The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
You waive any right to participate in a class action lawsuit or class-wide arbitration against InclusivePay

13c. Exceptions

Either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, without waiving the right to arbitrate all other claims.

13d. Governing Law

These Terms are governed by and construed in accordance with the laws of the state in which Inclusive Holdings is registered, without regard to conflict of law principles.

14. General Provisions

14a. Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between you and InclusivePay regarding your use of our Services and supersede all prior agreements, understandings, and communications.

14b. Modifications

We may update these Terms at any time. Material changes will be communicated by email or prominent notice on our website at least 14 days before taking effect. Continued use of our Services after the effective date constitutes acceptance of the revised Terms.

14c. Severability

If any provision of these Terms is found unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable. All other provisions remain in full force and effect.

14d. No Waiver

Our failure to enforce any provision of these Terms at any time does not constitute a waiver of our right to enforce that provision in the future.

14e. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets without restriction.

14f. Force Majeure

InclusivePay is not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, government actions, card network policy changes, banking regulatory changes, or internet outages.

14g. Electronic Agreement

You agree that submitting an application, clicking “I Agree,” or otherwise engaging our Services electronically constitutes your valid, binding acceptance of these Terms with the same legal effect as a written signature.

15. Contact Information

Questions about these Terms? Contact us:

InclusivePay / Inclusive Holdings

Email: [email protected]

Website: inclusivepay.com