ACH Merchants' TERMS OF USE

Last Updated: July 2025

 

1. ACCEPTANCE OF TERMS

 

By accessing, registering for, or utilizing the payment processing services (the “Services”) provided by ACH MERCHANTS (operated by AAA SOFTWARE SOLUTIONS) (“Company,” “we,” “us,” or “our“), you (either an individual or a legal entity, “you,” “your,” or “User“) irrevocably agree to be legally bound by these Terms of Use (“Terms“), along with any incorporated policies, guidelines, or amendments.

If you do not unconditionally accept all provisions herein, you are strictly prohibited from accessing, using, or deriving any benefit from the Services and must immediately cease all usage.

We expressly reserve the right, at our sole and absolute discretion, to modify, amend, or replace these Terms at any time without prior notice. Your continued use of the Services following such changes constitutes your explicit acceptance of the revised Terms.

 

2. SERVICES DESCRIPTION & ELIGIBILITY

 

2.1. Service Offerings

ACH MERCHANTS provides payment processing solutions, including but not limited to:

  • ACH (Automated Clearing House) transactions
  • Credit/debit card payment processing
  • Related financial and compliance services

You can access our services via proprietary technology and third-party payment Partners.

 

2.2. Eligibility Requirements

 

To qualify for and maintain access to the Services, you must:

 Be at least 18 years of age (or the legal age of majority in your jurisdiction).

 Operate as a legally registered business entity in good standing under applicable laws.

 Comply fully with all U.S. federal, state, and local laws, including but not limited to:

  • NACHA Operating Rules
  • OFAC (Office of Foreign Assets Control) sanctions
  • Anti-Money Laundering (AML) regulations
  • Know Your Customer (KYC) requirements
  • Consumer Financial Protection Bureau (CFPB) guidelines

We retain the unrestricted right, at any time and without liability, to:

 Reject, suspend, or terminate your account for any reason, including but not limited to:

  • Suspected fraudulent activity
  • Violations of these Terms
  • High-risk business operations (e.g., unlicensed gambling, adult content, and CBD sales without proper licensing)
  • Excessive chargebacks or disputes
  •  Withhold funds pending investigation of suspicious transactions.

 

3. INTELLECTUAL PROPERTY RIGHTS

 

3.1. Ownership

All content, features, functionality, software, algorithms, databases, interfaces, text, graphics, logos, trademarks, service marks, and other materials (collectively, “Proprietary Materials“ ) provided through the Services are the exclusive property of ACH MERCHANTS (POWERED BY AAA SOFTWARE SOLUTIONS), or their respective licensors, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

 

3.2. Limited License

Subject to your full compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use the Services solely for internal business purposes.
  • Download or print portions of the content strictly for non-commercial use.

Any unauthorised use, including but not limited to:

 Reproduction, modification, distribution, or commercial exploitation

 Reverse engineering, decompiling, or disassembling the software

 Creating derivative works

 Using automated scripts, bots, or scrapers

constitutes a material breach of these Terms and may result in immediate termination of your access, legal action, and pursuit of statutory damages.

 

4. USER RESPONSIBILITIES & PROHIBITED ACTIVITIES

 

4.1. General Obligations

You agree and warrant that:

 You will provide accurate, current, and complete information at all times.

 You will maintain the security of your account credentials and notify us immediately of any unauthorised access.

 You will not use the Services in any manner that:

  • Violates applicable laws or regulations
  • Infringes third-party rights
  • Facilitates fraud, money laundering, or terrorist financing
  • Circumvents security measures

 

4.2. Prohibited Uses

 

You are forbidden from engaging in, or permitting others to engage in, the following:

 Illegal Transactions:

  • Money laundering
  • Terrorist financing
  • Unlicensed gambling
  • Sale of prohibited goods (e.g., drugs, weapons, counterfeit items)

 Fraudulent Activity:

  • Phishing, spoofing, or identity theft
  • Chargeback fraud
  • False or misleading merchant representations

 High-Risk Violations:

  • Unregistered CBD/hemp sales
  • Adult content without age verification
  • Pyramid or Ponzi schemes

 System Abuse:

  • Spamming, hacking, or DDoS attacks
  • Automated data scraping
  • Bypassing rate limits

Consequences of Violation:

  • Immediate account suspension/termination
  • Forfeiture of withheld funds
  • Reporting to law enforcement
  • Liquidated damages (see Section 18)

 

5. INDEMNIFICATION & HOLD HARMLESS

 

You agree to defend, indemnify, and hold harmless ACH MERCHANTS (POWERED BY AAA SOFTWARE SOLUTIONS), their affiliates, Payment Partners, officers, directors, employees, and agents (collectively, “Indemnified Parties“) from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

 Your breach of these Terms

 Your misuse of the Services

 Violations of law or third-party rights

 Fraudulent or unauthorised transactions

 Chargebacks, disputes, or regulatory penalties

The Indemnified Parties reserve the right to assume exclusive defence of any matter subject to indemnification, at your expense. You must cooperate fully in such a defence.

This indemnification obligation survives termination of these Terms.

 

6. DISCLAIMERS & LIMITATION OF LIABILITY

 

6.1. No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

 Merchantability

 Fitness for a particular purpose

 Non-infringement

 Accuracy, completeness, or reliability

 

6.2. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACH MERCHANTS (POWERED BY AAA SOFTWARE SOLUTIONS), OR THEIR AFFILIATES, BE LIABLE FOR:

 Indirect, incidental, consequential, special, or punitive damages

 Lost profits, revenue, data, or business opportunities

 Damages arising from third-party actions (e.g., bank delays, fraud)

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE PREVIOUS SIX (6) MONTHS.

 

7. GOVERNING LAW & DISPUTE RESOLUTION

 

7.1. Governing Law

These Terms shall be governed by and construed under the laws of the State of New York, excluding its conflict of law principles.

 

7.2. Mandatory Arbitration

We will resolve any dispute arising from these terms exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

YOU WAIVE THE RIGHT TO:

  • A jury trial
  • Class or collective actions
  • Litigation in court

 

7.3. Venue

If arbitration is unenforceable, any legal action must be brought in the state or federal courts located in New York County, New York.

 

8. TERMINATION & SURVIVAL

 

We may terminate or suspend your access immediately, without notice, for:

 Breach of these Terms

 Suspected illegal activity

 Regulatory compliance risks

Surviving Sections:

  • Indemnification
  • Limitation of Liability
  • Governing Law
  • Intellectual Property Rights

 

9. GENERAL PROVISIONS

 

  • Entire Agreement: These Terms constitute the entire agreement between you and us.
  • Severability: If any provision is invalid, the remainder remains enforceable.
  • No Waiver: Failure to enforce a right does not constitute a waiver of future enforcement.

 

10. CONTACT INFORMATION

 

For inquiries regarding these Terms, please contact:

 Email: info@achmerchants.com

 Phone: 888-885-5819

 Website: https://achmerchants.com