Terms of Service

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Effective Date: June 2, 2025

These Terms of Service (“Terms”) govern your access to and use of the services provided by Paywhale (“we,” “our,” or “us”). By using our services, you confirm that you have read, understood, and agreed to be legally bound by these Terms, which are governed by Dutch law. If you do not accept any part of these Terms, you must refrain from using our services.

1. Scope of Services

Paywhale provides an integrated suite of operational support solutions for merchants. Our offerings include, but are not limited to:

Order and fulfillment coordination
Payment and transaction oversight
First-line customer service management
Compliance and website review assistance
Dispute and chargeback support
Operational improvement and business performance monitoring

These services are designed to help businesses scale efficiently while maintaining high standards of customer satisfaction and legal compliance.

2. Merchant Obligations

By using our services, you agree to the following responsibilities:

You must provide accurate, complete, and up-to-date information during onboarding and throughout your engagement with Paywhale.
You are responsible for ensuring that your business activities comply with all applicable laws, including but not limited to consumer protection, financial regulations, and data privacy laws such as the GDPR.
You agree to maintain the confidentiality and security of your account credentials and internal business data shared through our systems.

Paywhale reserves the right to request updated information or documentation at any time to verify compliance.

3. Use Restrictions

To ensure the quality and legality of our services, you agree not to:

Use Paywhale’s services for any unlawful, misleading, or unethical purpose.
Circumvent, interfere with, or attempt to disrupt our operations, systems, or any other connected infrastructure.
Engage in any form of activity that may harm Paywhale’s reputation, including excessive disputes, intentional chargebacks, or fraudulent orders.
Misuse or manipulate reporting systems, compliance tools, or communication channels provided by us.

Violations may result in immediate suspension or termination of services without notice.

4. Fees and Payment Terms

Our services are provided under a performance-based fee model. By default, Paywhale charges an 8% fee on the total gross revenue processed through our system. This includes access to all core services unless stated otherwise in a customized agreement.

All payments are due as outlined in your signed merchant agreement or as communicated during onboarding. Late payments or unpaid invoices may result in service interruption or additional charges, including statutory interest and recovery costs under Dutch law.

5. Account Suspension and Termination

We reserve the right to suspend or terminate your account at our sole discretion if we detect:

Breaches of these Terms
Repeated customer complaints or non-fulfillment of orders
Involvement in high-risk or non-compliant business activities
Actions that threaten the integrity of our platform or the interests of our partners

Upon termination, you remain liable for any outstanding fees or obligations incurred up to that point.

6. Limitation of Liability

To the fullest extent permitted by Dutch law, Paywhale shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use—or inability to use—our services, including but not limited to lost profits, reputational harm, or data loss.

We do not warrant uninterrupted access to our services, nor can we guarantee the accuracy of reporting or specific business outcomes.

7. Modifications to These Terms

We may revise these Terms from time to time to reflect changes in our services, legal obligations, or business practices. When material changes are made, we will notify you via email or through our platform.

Your continued use of the services after such updates constitutes your acceptance of the modified Terms.

8. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from or relating to these Terms shall be submitted to the competent court in Amsterdam, unless mandatory law prescribes otherwise.