Payment Processing Services Agreement
By using Desic Solutions, Inc. (doing business as “CollectPOS”), a Delaware corporation based in San Jose, California (“CollectPOS,” “we,” “our,” or “us”), and our partners’ payment processing services, you agree to be bound by our Terms of Service (“General Terms”) and these additional payment processing terms (“Payment Terms”).
- Company Role
CollectPOS provides point-of-sale software and integration services but is not a payment processor, bank, or financial institution. All payment processing is performed by our partner, Media Payments Group (MPG), under their Merchant Agreement. Card transactions processed through MPG are ultimately acquired and settled through Woodforest National Bank (“Acquiring Bank”). CollectPOS is not a party to any acquiring bank agreements and has no control over merchant settlement or acquiring bank decisions.
- Authorization
Customers authorize us to transmit transaction information to MPG and other service providers necessary to facilitate payments. This authorization remains effective until your account is closed or terminated.
- Third Party Payment Service Providers and Hardware
CollectPOS uses MPG for payment processing, DishOut for gateway services, and PAX for hardware. Use of these third-party services is subject to their respective terms. CollectPOS is not responsible for their actions, omissions, or data practices.
3A. Subprocessors
CollectPOS uses subprocessors to support service delivery, including:
- Stripe for subscription billing
- SendGrid for merchant-initiated email communications
- Twilio for merchant-initiated SMS communications
These providers act solely under our direction and are prohibited from independent data use. CollectPOS disclaims liability for independent actions of these subprocessors.
- Data Access and Use
CollectPOS may access merchant-entered data, including customer data, only for limited internal purposes such as platform development, testing, and security monitoring. This data is never resold or used for marketing purposes.
- Merchant Responsibility
Merchants are solely responsible for:
- Obtaining all necessary customer consents
- Compliance with applicable laws including TCPA, CAN-SPAM, CCPA/CPRA, and other state privacy laws
- Fraudulent or unauthorized activity under their accounts
- Reviewing and accepting terms of third-party service providers
- Unauthorized or Illegal Use
We may reject or suspend any transaction that we believe violates these Terms, applicable law, or exposes CollectPOS, MPG, or others to risk. Merchants may only accept payments for their own goods and services.
- Accepted Cards and Network Rules
Card acceptance is subject to MPG’s Merchant Agreement, acquiring bank policies, and card network rules. Merchants must comply with all applicable card brand regulations.
- Payouts, Access to Funds, and Availability
Settlement of funds is governed by MPG’s Merchant Agreement and subject to policies of Woodforest National Bank, the acquiring bank. CollectPOS has no control over and assumes no liability for settlement delays, holds, or reserves imposed by MPG or the acquiring bank. Service interruptions may occur due to maintenance or third-party outages.
- Privacy Law Compliance
Merchants are responsible for compliance with all applicable privacy laws. CollectPOS supports merchants in fulfilling verified privacy rights requests but does not handle requests directly from end customers.
- Third-Party Liability Disclaimer
CollectPOS integrates with third-party services to provide functionality. While we require vendors to follow security best practices, CollectPOS assumes no liability for the actions, breaches, or practices of independent third parties, including MPG or the acquiring bank.
- Taxes
Merchants are solely responsible for determining, collecting, and remitting taxes associated with their transactions. CollectPOS disclaims liability for tax obligations.
- Chargebacks and Fraud
Merchants are responsible for chargebacks and fraudulent activity on their accounts. CollectPOS may hold funds or set off amounts to cover chargebacks or losses.
- Indemnification
Merchants agree to indemnify and hold harmless CollectPOS and its affiliates from any claims, damages, or losses arising from their use of the Services, violations of this Agreement, or non-compliance with laws.
- Dispute Resolution
This Agreement is governed by the laws of California. Any disputes shall be resolved exclusively in the state or federal courts located in California.
- Right to Modify Terms
CollectPOS may update these Terms with notice to merchants. Continued use of the Services constitutes acceptance of updated Terms.
- Contact
For questions about this Agreement, contact:
Desic Solutions, Inc.
San Jose, California
Email: support@collectpos.com
Effective Date: July 27, 2025