TERMS AND CONDITIONS

Welcome to Dark Horse Payments. These Terms and Conditions (“Terms”) govern your access to and use of the Dark Horse Payments website (the “Site”) and any information, features, or services made available through the Site.

Throughout these Terms, “Dark Horse Payments,” “Dark Horse,” “we,” “us,” and “our” refer to Dark Horse Payments and, where applicable, its affiliates. “You” and “your” refer to any individual or entity accessing or using the Site.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Use of the Site

Dark Horse Payments provides this Site to offer information about our company, payment-related products and services, equipment, technology solutions, and other services that may be available to businesses.

You agree to use the Site only for lawful purposes and in accordance with these Terms.

You may not:

• Use the Site in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Site, servers, accounts, systems, or networks connected to the Site.
• Introduce viruses, malware, malicious code, or other harmful technology.
• Interfere with or disrupt the operation or security of the Site.
• Use automated tools, bots, scrapers, or similar technology to access or collect information from the Site without our written permission.
• Impersonate another person or business or provide materially false or misleading information.
• Use the Site to engage in fraudulent, deceptive, abusive, or unlawful conduct.
• Copy, reproduce, modify, distribute, or commercially exploit Site content except as permitted by law or with our prior written permission.

We reserve the right to restrict or terminate access to the Site when we reasonably believe these Terms have been violated.

2. Payment Processing Products and Services

Dark Horse Payments provides information regarding payment-processing solutions, equipment, software, technology, and related services.

Availability, pricing, features, eligibility requirements, processing capabilities, and other terms may vary depending on the particular product or service, merchant business, financial institution, processing partner, technology provider, or other applicable third party.

Information presented on the Site is provided for general informational purposes and does not, by itself, constitute approval for merchant services, equipment, financing, rates, pricing, or any other product or service.

Certain services may require a separate application, underwriting review, merchant agreement, equipment agreement, processing agreement, or other contractual documentation.

Where a separate agreement applies to a particular product or service, the terms of that agreement will govern that product or service.

3. Merchant Applications and Information

If you submit information through the Site to request information, begin an application, or inquire about Dark Horse Payments services, you agree to provide information that is accurate and complete to the best of your knowledge.

Submitting information through the Site does not guarantee approval, pricing, account activation, equipment availability, or access to any particular product or service.

Additional documentation or verification may be required before services can be provided.

4. Third-Party Products and Services

Some products or services available through or referenced by Dark Horse Payments may be provided, processed, supported, or fulfilled by third-party financial institutions, payment processors, technology providers, equipment manufacturers, software providers, or other service providers.

Those third parties may maintain their own agreements, terms of service, privacy policies, fees, eligibility requirements, and operating procedures.

Dark Horse Payments is not responsible for the content, availability, security, privacy practices, or independent actions of third-party websites or services except to the extent required by applicable law or an applicable agreement.

Links to third-party websites are provided for convenience and do not necessarily constitute an endorsement of all information, products, or services offered by those parties.

5. Accounts and Login Credentials

Certain features or services may require access to an account, portal, or third-party platform.

If login credentials are provided to you, you are responsible for maintaining their confidentiality and for activity conducted using your credentials.

You should promptly notify the appropriate service provider or Dark Horse Payments if you believe your account credentials have been lost, stolen, compromised, or used without authorization.

Access to merchant portals or third-party platforms may also be governed by separate terms and conditions established by the applicable provider.

6. Communications

When you provide contact information to Dark Horse Payments, you authorize us to communicate with you regarding your inquiry, application, account, services, customer support requests, and other matters related to your relationship with Dark Horse Payments, subject to applicable law and your communication preferences.

Where you separately consent to receive SMS/text messages, those communications will be governed by the applicable consent language and our Privacy Policy.

Message and data rates may apply. Message frequency may vary.

You may opt out of eligible SMS communications by replying STOP. For assistance, you may reply HELP or contact us directly.

Consent to receive marketing SMS messages is not a condition of purchasing goods or services.

7. Intellectual Property

Unless otherwise indicated, the Site and its original content, branding, graphics, logos, designs, text, software, and other materials are owned by or licensed to Dark Horse Payments and are protected by applicable intellectual-property laws.

Nothing contained on the Site grants you ownership of or a license to use Dark Horse Payments trademarks, logos, branding, copyrighted material, or other intellectual property except as expressly authorized in writing.

Third-party trademarks, product names, logos, and other intellectual property displayed on the Site remain the property of their respective owners.

8. Website Content and Availability

We strive to provide accurate and current information; however, information presented on the Site may occasionally contain errors, omissions, or outdated information.

Products, services, equipment, software integrations, features, pricing, and availability may change.

We reserve the right to modify, update, suspend, or discontinue portions of the Site at any time, subject to applicable contractual and legal obligations.

We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.

9. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND INFORMATION AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

DARK HORSE PAYMENTS DISCLAIMS WARRANTIES REGARDING THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED.

Nothing in these Terms excludes warranties, rights, or remedies that cannot legally be waived or limited.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DARK HORSE PAYMENTS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE.

This limitation does not apply where liability cannot legally be excluded or limited.

Separate agreements governing merchant services, processing services, equipment, software, or other products may contain additional limitations of liability applicable to those services.

11. Privacy

Your privacy is important to us.

Our collection and use of personal information through the Site are described in the Dark Horse Payments Privacy Policy, which is incorporated into these Terms by reference.

Please review the Privacy Policy for additional information about our privacy practices.

12. Security

You may not attempt to bypass, disable, interfere with, or compromise security features associated with the Site or any systems connected to it.

Although Dark Horse Payments uses reasonable measures designed to protect its systems and information, no internet-based system or electronic transmission can be guaranteed to be completely secure.

13. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Dark Horse Payments and its affiliates, officers, employees, agents, and representatives from claims, liabilities, damages, losses, and reasonable expenses arising from your unlawful use of the Site, your material violation of these Terms, or your infringement of the rights of another party.

14. Changes to These Terms

We may update these Terms periodically to reflect changes in our Site, services, business practices, or applicable legal requirements.

When changes are made, we will update the “Last Updated” date at the top of this page.

Your continued use of the Site following the effective date of revised Terms constitutes acceptance of those Terms to the extent permitted by applicable law.

15. Governing Law

These Terms will be governed by the laws of [INSERT APPROPRIATE STATE/JURISDICTION], without regard to its conflict-of-law principles, except where otherwise required by applicable law.

Any dispute-resolution, arbitration, venue, or jurisdiction requirements applicable to specific Dark Horse Payments products or services may also be governed by the separate agreements associated with those services.

16. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms and the Privacy Policy constitute the agreement between you and Dark Horse Payments regarding your use of this Site.

Separate merchant processing, equipment, software, financial institution, or other service agreements may apply to products or services you obtain through Dark Horse Payments. Those agreements remain separate from these website Terms and will govern the applicable services where their provisions conflict with these Terms.

18. Contact Us

If you have questions about these Terms and Conditions, please contact:

Dark Horse Payments