Last updated Nov 19, 2024
Welcome to TM Payments LLC ("TM Payments," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of TM Payments' services, website, and related applications (collectively, the "Services"). Please read these Terms carefully before using our Services.
By accessing or using our Services, you ("User," "you," or "your") agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services. Your access to and use of our Services is also conditioned upon your acceptance of and compliance with our Privacy Policy, which is incorporated by reference into these Terms.
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, via email, or by other reasonable means at least 30 days before the changes take effect. Your continued use of our Services after such modifications constitutes your binding acceptance of the updated Terms.
We may require you to provide explicit consent before continuing to use our Services for material changes related to financial services or regulatory requirements. If you disagree with the modified Terms, you must stop using our Services.
To use our Services, you must meet the following eligibility requirements:
(a) Age and Capacity
(b) Location and Registration
(c) Documentation Requirements
(d) Compliance Requirements
2.1 Description of Services
TM Payments provides comprehensive financial services designed to meet the diverse needs of our clients. Our core services include cross-border payments, which enable international money transfers with real-time exchange rate information and complete payment tracking capabilities. Through our advanced platform, we facilitate mass payout solutions that streamline bulk payment processing and automated disbursement services, allowing efficient management of multiple recipients and scheduled payments.
Our wholesale foreign exchange (FX) services offer competitive currency exchange rates and sophisticated FX risk management tools, including forward contracts where available. Additionally, we provide USD checking accounts with robust digital management capabilities, comprehensive transaction monitoring, and detailed reporting features. These accounts seamlessly integrate with our other payment services to provide a comprehensive financial solution.
2.2 Service Availability
Our digital platform operates 24 hours a day, 7 days a week, ensuring continuous access to account information and service features. However, transaction processing occurs during regular business hours, Monday through Friday, from 9:00 AM to 5:00 PM EST. We conduct system maintenance during scheduled windows, providing advance notice to minimize user disruption. Our customer support team is available during standard business hours EST to assist with any queries or concerns.
Service availability may vary by geographic location and is subject to local regulations and requirements. While we strive to provide consistent service across all authorized jurisdictions, specific features or services may be limited in certain regions due to regulatory requirements or risk considerations. We reserve the right to modify service availability based on compliance requirements or other operational factors.
2.3 Service Limitations
Transaction limits are implemented based on account type and verification level, with specific daily and monthly volume restrictions. These limits ensure compliance with regulatory requirements and risk management protocols. Standard transactions typically follow a T+1 settlement timeline, though processing times may be extended for high-value transactions, first-time transfers to new beneficiaries, or situations requiring additional verification.
We reserve the right to adjust transaction limits based on account history, risk assessment, and compliance requirements. Certain transactions, particularly those involving specific countries or regions or those requiring enhanced due diligence, may be subject to extended processing times. These limitations are in place to maintain the security and integrity of our services while ensuring compliance with applicable regulations.
2.4 Account Requirements
To maintain an account with TM Payments, users must provide and maintain current documentation, including government-issued identification, recent proof of address, and, for business accounts, appropriate business registration documents and tax identification numbers. We may also require documentation verifying the source of funds for certain transactions or account activities.
Account maintenance requirements include regular information updates, annual account reviews, and periodic verification checks to ensure compliance with our security and regulatory obligations. All accounts must maintain active two-factor authentication and adhere to our password security requirements. Regular security updates and device verification may be required to maintain account access and ensure the safety of our services.
2.5 Prohibited Activities
TM Payments strictly prohibits using our services for any illegal activities, including but not limited to money laundering, terrorist financing, fraudulent transactions, or any violations of applicable laws and regulations. Users may not engage in activities involving unlicensed gambling operations, illegal goods or services, or unauthorized financial services. Additionally, we restrict activities in certain business categories defined by our banking partners and regulatory requirements.
Users must maintain honest and transparent account conduct, which prohibits providing false or misleading information, creating unauthorized multiple accounts, or attempting to circumvent account limits or restrictions. Sharing account access credentials is strictly forbidden. Users may not structure transactions to avoid reporting requirements, process transactions for unauthorized third parties, or engage in suspicious transaction patterns that may indicate attempts to abuse our services.
The use of automated systems without explicit authorization attempts to breach or test system security, or interference with other users' access to services is prohibited. Any attempt to reverse engineer our technology or systems will result in immediate account termination. Violations of these prohibitions may result in immediate suspension or termination of services, reporting to relevant authorities, legal action, forfeiture of funds or fees, and permanent exclusion from our services.
TM Payments reserves the right to monitor transactions for prohibited activities, request additional information or documentation, hold or cancel suspicious transactions, and update our list of prohibited activities without prior notice. We may take any necessary action to maintain service integrity and compliance with applicable regulations and requirements.These prohibitions and restrictions are essential to maintaining the security and integrity of our services, protecting our users, and ensuring compliance with all applicable laws and regulations. We encourage all users to familiarize themselves with these restrictions and to contact our support team with any questions regarding permitted activities.
3.1 Account Registration
You must complete our comprehensive registration process to establish an account with TM Payments. This process begins with submitting basic identification information, including your full legal name, date of birth, and contact details. We require additional documentation for business accounts, including business registration certificates, ownership information, and tax identification numbers.
During the registration process, we conduct necessary due diligence in accordance with regulatory requirements. This includes identity verification through our Know Your Customer (KYC) procedures and screening against relevant sanctions lists. You must provide accurate, current, and complete information during registration. Any misleading, false, or incomplete information may result in immediate account rejection or subsequent termination.
Your account registration approval remains at TM Payments' discretion, and we reserve the right to decline any application that does not meet our requirements or risk assessment criteria. Upon successful registration, you will receive confirmation of your account activation and detailed instructions for account setup and security measures.
3.2 Account Security
Your account security is paramount to protecting your financial assets and personal information. You are responsible for maintaining the confidentiality of your login credentials and ensuring that access to your account remains secure. We require the implementation of strong passwords that meet our minimum security requirements, including a combination of uppercase and lowercase letters, numbers, and special characters.
Two-factor authentication (2FA) is mandatory for all accounts and must be activated before conducting financial transactions. We support multiple 2FA methods, including authenticator apps and secure SMS verification. You must immediately notify us of any unauthorized access or suspicious activity on your account. TM Payments monitors account activity for potential security breaches but relies on your vigilance in maintaining secure access to your account.
Your account will be subject to regular security audits, and you may be required to update your security settings periodically or verify your identity to maintain account access. We employ industry-standard encryption and security protocols to protect your data, but your cooperation in maintaining security best practices is essential.
3.3 Account Information
You are required to maintain accurate and up-to-date account information at all times. This includes promptly updating any changes to your contact information, business details, or regulatory status. We conduct periodic reviews of account information and may request updated documentation or additional verification at any time.Account statements and transaction histories are available through our secure online portal. As required by applicable regulations, these records are maintained for a minimum period, and you are responsible for reviewing them regularly for accuracy. Any discrepancies should be reported to our customer support team immediately.
We retain the right to modify account information requirements based on regulatory updates or risk assessment findings. You will be notified of any changes to information requirements, and failure to provide updated information within specified timeframes may result in account restrictions or suspension.
3.4 Account Termination
Account termination may occur either through your voluntary request or through action taken by TM Payments. To voluntarily terminate your account, you must submit a formal request through our designated channels and ensure all pending transactions are completed and fees are settled. We will process your termination request within a reasonable timeframe, subject to final compliance checks and settlement of any outstanding obligations.
TM Payments reserves the right to terminate any account for violations of these Terms, suspicious activity, or compliance concerns. Grounds for immediate termination include, but are not limited to:
Upon termination, any remaining funds will be returned to you according to our standard procedures and applicable regulations, less any fees or charges owed to TM Payments. We maintain records of terminated accounts as required by law and reserve the right to refuse future services to previously terminated accounts.
3.5 Account Suspension
TM Payments may suspend your account temporarily if we detect unusual activity, suspect security breaches, or identify potential compliance issues. During a suspension, access to your account may be restricted, and transactions may be temporarily halted. Account suspensions are implemented to protect both your interests and the integrity of our services.
Common reasons for account suspension include:
During a suspension period, we will communicate the reason for the suspension and outline the steps required to lift the restriction. You must cooperate fully with any investigations or information requests to expedite the resolution process. While suspended, your funds remain secure but may be subject to hold periods or additional verification requirements before release.
Account suspension periods vary based on the nature of the concern and your responsiveness in addressing the issue. We strive to resolve suspension matters promptly while ensuring all necessary security and compliance requirements are met. Repeated suspensions may lead to account termination or additional restrictions on your use of our services.
4.1 Fees and Charges
TM Payments maintains a transparent fee structure for all services provided. Our fees include but are not limited to, transaction fees, currency conversion charges, account maintenance fees, and special service charges.
4.2 Payment Terms
All fees and charges are due immediately upon service delivery unless otherwise specified in writing. For recurring services, such as treasury management, fees are billed monthly and must be paid within 15 days of invoice date. We automatically deduct applicable fees from your account balance or designated funding source.
You are responsible for maintaining sufficient funds in your account to cover all transactions and associated fees. If your account lacks sufficient funds, we may decline to process transactions or assess additional charges for insufficient funds. Your service agreement will outline specific payment schedules for enterprise clients with negotiated payment terms.
We reserve the right to suspend or terminate services for accounts with outstanding balances. Late payment fees may be assessed on overdue amounts according to applicable laws and regulations. Any disputes regarding charges must be submitted in writing within 30 days of the transaction date.
4.3 Currency Conversion
Currency conversions are processed using real-time exchange rates from our banking partners and wholesale foreign exchange markets. Exchange rates are dynamic and may fluctuate between when you initiate a transaction and its completion.
Each conversion is processed separately for transactions involving multiple currency conversions and may incur individual conversion fees. We provide real-time exchange rate quotes before transaction confirmation, but rates are only guaranteed for instant transfers. For scheduled or future-dated transactions, the prevailing rate will apply at the time of processing.
Forward contracts and other FX risk management tools are available for qualified business accounts, with specific terms and rates negotiated based on transfer volume and frequency. All currency conversions are subject to our daily and transaction-specific limits, which may vary based on market conditions and risk assessment.
4.4 Refund Policy
Refund eligibility is determined by the nature of the service provided and the specific circumstances of each case. For canceled transactions that have not been processed, we will refund the principal amount and associated fees, less any incurred third-party charges. Processed transactions may only be refunded in cases of demonstrable error or unauthorized activity.
Refund requests must be submitted through our designated channels within 30 days of the transaction date. Each request is reviewed individually, considering factors such as:
Processing times for approved refunds typically range from 3-5 business days but may extend longer for complex cases or international transactions. Refunded amounts will be returned in the original currency when possible or converted at the current exchange rate if necessary.
4.5 Taxes
You are solely responsible for determining and paying any applicable taxes for transactions conducted through our services. This includes but is not limited to, value-added tax (VAT), sales tax, withholding tax, and any other applicable government charges or levies.TM Payments will provide appropriate documentation to support your tax reporting obligations, including transaction histories and fee summaries. We can provide the necessary documentation for international tax reporting requirements for business accounts upon request. However, we do not provide tax advice or guarantee the tax treatment of any transaction.
Where law requires, we will collect and remit taxes on behalf of users or report transaction information to relevant tax authorities. We comply with all tax information reporting requirements in our jurisdictions. You agree to provide accurate tax information and update it as needed to ensure compliance with applicable tax laws and regulations.
Processing times for approved refunds typically range from 3-5 business days but may extend longer for complex cases or international transactions. Refunded amounts will be returned in the original currency when possible or converted at the current exchange rate if necessary.
5.2 Transaction Limits
Transaction limits are established based on account type, verification level, and risk assessment. Standard limits are as follows:
Daily transaction limits are determined by your account tier and verification status. New accounts typically start with lower limits that may increase over time based on account history and additional verification. Business accounts may request higher limits subject to enhanced due diligence and approval.
Individual transaction maximums apply to both incoming and outgoing transfers. These limits are monitored in real-time and may be adjusted based on risk factors, market conditions, or regulatory requirements. We reserve the right to modify transaction limits anytime for security or compliance purposes.
For wholesale FX transactions and mass payouts, specialized limits may apply based on your service agreement and risk profile. All limits are subject to our banking partners' restrictions and local regulatory requirements when sending and receiving jurisdictions.
5.3 Processing Times
Standard transaction processing follows a T+1 settlement schedule for most currencies and payment types. However, actual processing times may vary based on several factors:
Cross-border payments may require additional processing time due to international banking systems and local regulations. We provide estimated completion times at the initiation of each transaction, but these estimates are not guaranteed and may be subject to change due to circumstances beyond our control.
5.4 Transaction Verification
All transactions undergo our comprehensive verification process to ensure security and regulatory compliance. This verification includes:
Initial screening against sanction lists and compliance databases occurs automatically at transaction initiation. Real-time monitoring systems assess transaction patterns and risk indicators throughout the processing cycle. Enhanced verification procedures may be required for higher-risk transactions or those exceeding certain thresholds.
We may request supporting documentation to verify the purpose of the transaction, source of funds, or beneficiary information. These requests must be satisfied before transaction processing can continue. You agree to cooperate with all reasonable verification requests and acknowledge that delays in providing requested information may impact processing times.
5.5 Failed Transactions
A transaction may fail for various reasons, including but not limited to:
In the event of a failed transaction, we will notify you promptly through your preferred communication channel with specific details about the failure reason and any required remedial actions. Funds from failed transactions will be returned to your account within 1-3 business days, less any incurred third-party fees or charges.
We will work to resolve failed transactions due to technical issues on our platform and reprocess the transaction as soon as possible. Any fees associated with failed transactions caused by our technical issues will be refunded.
If a transaction fails due to incomplete or incorrect information, you may reinitiate the transaction once the required information is corrected. Multiple failed attempts may result in additional security reviews or temporary restrictions on your account.
Recovery efforts for failed transactions are subject to our banking partners' policies and local regulations in relevant jurisdictions. While we will assist in the recovery process, we cannot guarantee the recovery of funds sent with incorrect information or violating our terms of service.
6.1 Know Your Customer (KYC) Requirements
TM Payments maintains strict Know Your Customer (KYC) procedures in compliance with federal and state regulations. All users must complete our comprehensive KYC verification process before accessing our services.
We reserve the right to request updated KYC information periodically or when circumstances warrant additional verification. Failure to provide requested KYC documentation may result in account restrictions or suspension.
6.2 Anti-Money Laundering (AML) Compliance
Our Anti-Money Laundering program adheres to the Bank Secrecy Act (BSA) and related regulations.
6.3 Data Security
We implement industry-leading security measures to protect your information and transactions.
6.4 Privacy Policy
Our commitment to protecting your privacy is fundamental to our operations. Please read our [Privacy Policy] carefully to understand how we collect, use, and safeguard your personal information.
7.1 Accurate Information
Users must provide and maintain accurate, current, and complete information in connection with their TM Payments account. This obligation extends to all personal information, business details, and transaction-related data submitted to our platform. You must promptly update any changes to your information, including contact details, business structure, ownership information, and financial status. The accuracy of your information is crucial for maintaining security, ensuring regulatory compliance, and facilitating smooth transaction processing. We reserve the right to verify your information at any time and may suspend or terminate services if we determine that any information provided is inaccurate, outdated, or incomplete.
7.2 Compliance with Laws
You agree to comply with all applicable laws, regulations, and rules governing financial transactions, money transmission, and international commerce. This includes adherence to anti-money laundering regulations, sanctions programs, tax laws, and any other relevant legal requirements in both your jurisdiction and the jurisdictions where you conduct transactions. You must obtain and maintain all necessary permits, licenses, and authorizations for using our services. Any applicable laws or regulations violation may result in immediate service termination and reporting to relevant authorities.
7.3 Account Security Responsibilities
Your account security is your responsibility. You must maintain strong passwords, enable required security features such as two-factor authentication, and protect your access credentials from unauthorized use. You agree to notify us immediately of any suspected security breaches, unauthorized access, or compromised credentials. Regular monitoring of your account activity is required, and you must report any suspicious transactions promptly. You are responsible for maintaining appropriate security measures on all devices used to access our services and ensuring that access to your account remains secure at all times.
7.4 Prohibited Uses
Our services may not be used for illegal, fraudulent, or unauthorized purposes. Prohibited activities include money laundering, terrorist financing, fraudulent transactions, illegal gambling, purchasing illegal goods or services, or violating sanctions programs. You may not use our services to process transactions for third parties without proper authorization or attempt to circumvent our security measures, transaction limits, or monitoring systems. Engagement in prohibited activities will result in immediate account termination and may be reported to law enforcement or regulatory authorities.
7.5 User Conduct
You must conduct all activities on our platform professionally and responsibly. This includes maintaining respectful communication with our staff and other users, cooperating with our compliance and security procedures, and responding promptly to our requests for information or documentation. You agree to use our services only for legitimate business purposes and to maintain appropriate records of your transactions. Any abusive, threatening, or inappropriate behavior will not be tolerated and may result in service termination.
8.1 Ownership Rights
All intellectual property rights in our services, including our website, mobile applications, software, trademarks, logos, and content, are owned by or licensed to TM Payments. This includes all copyrights, patents, trade secrets, and other proprietary rights. Nothing in these terms grants you any right to use our intellectual property except as explicitly provided herein. We actively monitor and enforce our intellectual property rights and will take appropriate action against any unauthorized use.
8.2 License to Use
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for their intended purposes. This license is conditioned upon your compliance with these terms and all applicable laws. The license includes the right to view and use our platform features, process transactions, and access your account information. We reserve the right to revoke this license at any time if you violate these terms or engage in unauthorized use of our intellectual property.
8.3 Restrictions
Without our written consent, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from our platform. You may not decompile, reverse engineer, or attempt to access the source code of our software. Any unauthorized use of our intellectual property may result in legal action.
8.4 Trademark Usage
Our trademarks, logos, and service marks displayed on our platform are registered or unregistered trademarks of TM Payments. You may not use, copy, reproduce, modify, or display these trademarks without our prior written consent. Any authorized use must comply with our trademark guidelines and branding requirements. We actively monitor trademark usage and will enforce our rights against unauthorized use.
8.5 User Content
Any content you submit to our platform, including feedback, suggestions, or comments, becomes our property and may be used without restriction or compensation. You grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content. You represent that you have the right to grant this license and that your content does not violate any third-party rights.
9.1 Service Warranty Disclaimers
Our services are provided "as is" and "as available" without any warranties, either express or implied. We do not warrant that our services will be uninterrupted, error-free, or completely secure. Any reliance on our services is at your own risk. We disclaim all warranties regarding accuracy, reliability, completeness, or timeliness of any information provided through our platform.
9.2 Limitation of Liability
To the maximum extent permitted by law, TM Payments shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. This includes lost profits, data loss, business interruption, or other commercial damages. Our total liability for any claim arising from or relating to these terms or our services shall not exceed the fees you paid us during the three months preceding the claim.
9.3 Indemnification
You agree to indemnify and hold TM Payments harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of our services, violation of these terms, or infringement of any third-party rights. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
9.4 Force Majeure
We shall not be liable for any failure or delay in performing our obligations if such failure or delay results from circumstances beyond our reasonable control. This includes natural disasters, acts of government, civil unrest, technological failures, or other similar events. We will make reasonable efforts to minimize the effect of such events and resume performance as soon as reasonably possible.
9.5 Third-Party Services
Our platform may integrate with or provide links to third-party services. We are not responsible for any third-party content, services, or practices, including their privacy policies or security measures. Your use of third-party services is at your own risk and subject to their respective terms and conditions. We make no warranties regarding the accuracy, reliability, or security of any third-party services integrated with our platform.
10.1 Governing Law
These Terms of Service and your relationship with TM Payments are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware. However, this does not affect any mandatory consumer protection rights that may apply in your jurisdiction of residence.
10.2 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the proceedings shall be held in Delaware or virtually, as mutually agreed. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
10.3 Class Action Waiver
You agree to resolve any disputes with TM Payments on an individual basis and waive any right to participate in a class action, class-wide arbitration, or representative action. You acknowledge that by agreeing to these terms, you are waiving your right to participate in or bring a class action lawsuit or class-wide arbitration. This waiver applies to any past, present, or future disputes arising from your use of our services.
10.4 Dispute Process
Before initiating formal dispute proceedings, you agree to attempt to resolve any disputes informally by contacting our customer support team. If the dispute cannot be resolved informally within 30 days, either party may initiate formal proceedings. All formal disputes must be submitted in writing, including a detailed description of the issue, supporting documentation, and proposed resolution. We will investigate all legitimate disputes and work in good faith to reach a fair resolution.
10.5 Time Limitation
You agree that any dispute arising from these terms or our services must be filed within one year after the cause of action arises. Any claim filed after this one-year period shall be permanently barred. This limitation applies to all claims, regardless of their nature or basis, unless prohibited by applicable law.
11.1 Electronic Communications
By using our services, you consent to receive all communications, notices, agreements, and disclosures electronically. We may provide these communications through email, platform notifications, or by posting them on our website. You agree to maintain a valid email address and to promptly update your contact information if it changes. You acknowledge that electronic communications shall have the same legal effect as if they were provided in writing.
11.2 Notices
Any notices from us will be sent to the email address associated with your account or delivered through our platform. Notices are considered received when we send or post them. Your notices must be sent through our designated communication channels or to our official mailing address. You are responsible for ensuring that your contact information remains current and monitoring all communications from us.
11.3 Customer Support
Our customer support team is available to assist you during specified business hours through our designated support channels. While we strive to respond promptly to all inquiries, response times may vary based on the nature and complexity of the issue. You agree to provide accurate and complete information when seeking support and to cooperate with our support team's requests for additional information or verification.
11.4 Marketing Communications
You may receive marketing communications from us unless you opt-out. These communications may include service updates, promotional offers, and industry news. You can manage your communication preferences through your account settings or by following the unsubscribe instructions included in our marketing emails. However, you cannot opt out of service-related communications essential to using our platform.
11.5 Recording and Monitoring
We may record and monitor your communications for quality assurance, training, security, and compliance purposes. This includes phone calls, emails, chat sessions, and other interactions with our platform and staff. You consent to such recording and monitoring by continuing to use our services. These recordings are our sole property and may be used as evidence in dispute resolution or legal proceedings.
12.1 Termination Rights
Either party may terminate this agreement at any time, with or without cause. We reserve the right to terminate or suspend your access to our services immediately without notice if we believe you have violated these terms, engaged in fraudulent activity, or posed a risk to our platform or other users. You may terminate your account by following our account closure procedures and settling any outstanding obligations.
12.2 Effect of Termination
Upon termination, your right to use our services ceases immediately. We will process any pending transactions at our discretion and return any remaining funds according to our standard procedures, less any applicable fees or charges. Termination does not relieve you of any obligations incurred prior to the termination date, including any outstanding fees, chargebacks, or liability for transactions processed through your account.
12.3 Survival
Certain provisions of these terms survive termination, including but not limited to intellectual property rights, warranties, indemnification obligations, limitations of liability, dispute resolution provisions, and any other terms that by their nature should survive termination. These surviving terms continue to be binding and enforceable even after account termination.
12.4 Account Closure
To close your account, you must submit a formal closure request, complete any pending transactions, pay all outstanding fees, and comply with our account closure procedures. After account closure, we may retain certain information as required by law or for legitimate business purposes. You remain responsible for any transactions or activities that occurred before account closure.
12.5 Outstanding Obligations
After termination, you remain liable for any outstanding obligations, including fee payments, chargebacks, refunds, and any other amounts owed to TM Payments or third parties through your use of our services. We may continue to hold funds as necessary to satisfy these obligations and may pursue collection of any unpaid amounts through legal means.
13.1 Cross-Border Transactions
When using our international services, you acknowledge that transactions may be subject to different laws, regulations, and currency exchange rates in multiple jurisdictions. All cross-border transactions must comply with applicable laws in both sending and receiving countries. We maintain the right to decline any international transaction that poses compliance risks or violates applicable regulations.
13.2 Currency Conversion Rates
Currency conversion rates for international transactions are determined at the time of processing based on prevailing market rates plus our service margin. These rates may fluctuate and are subject to change without notice. You accept the conversion rates to your transactions and acknowledge that additional fees may apply for international transfers or currency conversions.
13.3 International Compliance
You must comply with all international regulations governing cross-border financial transactions, including sanctions programs, export controls, and local financial regulations. We maintain compliance programs for international services, but we may require additional documentation or impose restrictions based on regulatory requirements in different jurisdictions.
13.4 Geographic Restrictions
Our services may not be available in all countries, and certain features may be restricted in specific regions due to regulatory requirements or business decisions. We reserve the right to modify service availability by location and to impose geographic restrictions on service usage. You agree to access our services only from jurisdictions where they are legally permitted.
13.5 Export Controls
You agree to comply with all applicable export control laws and sanctions programs. Our services may not be used to conduct transactions with restricted countries, entities, or individuals subject to international sanctions. You are responsible for ensuring that your use of our services does not violate any export control regulations.
14.1 Modifications to Services
We may modify, suspend, or discontinue any aspect of our services. This includes adding or removing features, changing service functionality, or updating security requirements. We will provide reasonable notice of significant changes that affect service usage. Your continued use of our services after such modifications constitutes acceptance of the changes.
14.2 Terms Updates
We reserve the right to update these terms at any time. Material changes will be communicated to you through our standard notification channels. By continuing to use our services after such updates, you agree to be bound by the modified terms. If you do not agree with the updated terms, you must discontinue using our services and close your account.
14.3 Notice of Changes
We will provide notice of material changes to these terms or our services through email, platform notifications, or website announcements. The notice will specify the effective date of the changes and explain their significance. Non-material changes may be posted without direct notification but will be reflected in the updated terms on our website.
14.4 Continued Use
Your continued use of our services after any modifications to these terms or our services constitutes your acceptance of such changes. If you do not agree with any changes, you must stop using our services and close your account before the changes take effect. We encourage you to review these terms regularly to stay informed of any updates.
14.5 Previous Versions
Previous versions of these terms may be available upon request. However, the current version supersedes all previous versions and represents the entire agreement between you and TM Payments regarding your use of our services.
15.1 Severability
If any provision of these terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely matches the intent of the original provision within the limits of applicable law.
15.2 Assignment
You may not assign or transfer any rights or obligations under these terms without our prior written consent. We may assign our rights and obligations without notice or consent. Any attempted assignment in violation of this provision is void.
15.3 Entire Agreement
These terms constitute the entire agreement between you and TM Payments regarding your use of our services and supersede all prior agreements and understandings, whether written or oral. No modification of these terms shall be effective unless in writing and signed by both parties.
15.4 Waiver
Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. No term waiver shall be deemed a further or continuing waiver of such or any other term. Any waiver must be in writing and signed by an authorized representative of TM Payments.
15.5 Contact Information
For questions about these terms or our services, please contact us at:
TM Payments LLC
8 The Green, Suite A Dover, DE 19901.
Email: hello@tm-payments.com
