Last Modified: 2025-03-06

Introduction

1. This Acceptable Use Policy (“AUP”) outlines the rules and guidelines for using KasaPay’s services, including access to Market Pay’s payment acceptance platform and Elavon’s acquiring services. By using our services, you (“Merchant”) agree to comply with this policy.
2. This AUP is incorporated into and forms part of the KasaPay General Terms of Service.

Purpose and Scope

1. The purpose of this AUP is to ensure the responsible, secure, and ethical use of our services, to protect our users, employees, and company assets, and to comply with all applicable laws, regulations, and Card Scheme Rules.
2. This policy applies to all users of KasaPay’s services, including but not limited to Merchants, their employees, contractors, and any other party accessing or using the services on their behalf.

General Guidelines

• Legal Compliance: Users must comply with all applicable local, state, federal, and international laws and regulations.
• Ethical Conduct: Users are expected to conduct themselves in an ethical and professional manner when using our services.
• Resource Conservation: Users should use our resources efficiently and avoid unnecessary consumption of bandwidth, storage, or processing power.
• Compliance with Card Scheme Rules: Merchants must adhere to all applicable Card Scheme Rules, including those related to prohibited transactions, security, and data protection.
• Compliance with Elavon’s rules and regulations: Merchants must adhere to all applicable Elavon’s rules and regulations related to merchant acquiring.

Unacceptable Use

The following activities are strictly prohibited:

• Illegal Activities: Use of the services for any illegal purpose or in furtherance of any illegal activity, including but not limited to fraud, money laundering, and the sale of illegal goods or services.
• High-Risk Businesses: Use of the services to process transactions for businesses or activities that are considered high-risk, as determined by KasaPay, Market Pay, Elavon, or the Card Schemes. These may include, but are not limited to:
  • Online gambling
  • Adult entertainment
  • Sale of controlled substances
  • Unlicensed financial services
• Violation of Card Scheme Rules: Any activity that violates Card Scheme Rules, including but not limited to:
  • Circumventing transaction limits
  • Engaging in excessive chargebacks
  • Using the services to process transactions for a business that is not properly registered with the Card Schemes
• Intellectual Property Infringement: Infringing on the intellectual property rights of others, including but not limited to copyright, trademark, and patent infringement.
• Misleading Practices: Engaging in deceptive or unfair business practices, including but not limited to:
  • False advertising
  • Misleading pricing
  • Failure to disclose material information to your customers
• Security Violations: Attempting to circumvent security measures, gain unauthorized access to systems or data, or disrupt the services.
• Data Security Violations: Failure to comply with PCI DSS standards or otherwise protect cardholder data.
• Excessive Chargebacks: Maintaining a chargeback ratio exceeding acceptable limits as defined by KasaPay, Market Pay, Elavon, or the Card Schemes.
• Financial Crimes: Engaging in money laundering, fraud, or other financial crimes.
• Harmful Content: Transmitting or storing content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Activities that damage or disrupt KasaPay’s services, Market Pay’s platform or Elavon’s acquiring services.
• Any other activity that KasaPay reasonably determines to be harmful to its business, reputation, or customers.

User Responsibilities

1. Password Protection: Users are responsible for maintaining the confidentiality of their passwords and taking appropriate measures to prevent unauthorized access to their accounts.
2. Security Awareness: Users should be aware of common security threats and take precautions to protect their systems and data.
3. Reporting Security Breaches: Users must promptly report any suspected security breaches or violations of this AUP to KasaPay to [email protected]
4. Compliance with Policies: Users are responsible for complying with this AUP and all other applicable KasaPay policies.
5. Data Protection: The Merchant must comply with all applicable data protection laws and regulations, including but not limited to GDPR.

Monitoring and Enforcement

KasaPay has the right to monitor transactions and activities for compliance with this AUP.  KasaPay may take action against any user who violates this AUP, including but not limited to:

• Warning the user
• Suspending the user’s account
• Terminating the user’s agreement
• Reporting the user to law enforcement authorities

KasaPay may also take any other action that it deems necessary to protect its business, reputation, or customers.  KasaPay will fully cooperate with law enforcement authorities in the investigation of any suspected illegal activity.

Consequences of Violations

Failure to comply with this AUP may result in penalties, including but not limited to:

• Suspension of services
• Termination of the agreement
• Legal action

KasaPay reserves the right to pursue any and all remedies available to it at law or in equity for violations of this AUP.

Amendments

KasaPay may amend this AUP at any time by posting the amended AUP on its website or by providing other written notice to the Merchant.  The amended AUP will be effective 30 days after posting or notice. The Merchant’s continued use of the Services after the effective date constitutes acceptance of the amended AUP.