AuxPAY Terms of Use

These Terms of Use (“Terms”) govern your access to and use of AuxPAY, including our websites, mobile applications, dashboards, payment tools, payment links, invoice tools, merchant tools, support services, and related products and services (collectively, the “Services”).

These Terms are between you and norinext (“AuxPAY,” “we,” “us,” or “our”). If you access or use the Services on behalf of a business, merchant, organization, partner, or other entity, you represent that you are authorized to accept these Terms on behalf of that entity. In that case, “you” and “your” refer to both you and that entity.

By accessing or using AuxPAY, you agree to these Terms. If you do not agree, do not use the Services.

1. Business Use Only

AuxPAY is intended for approved business users, merchants, partners, contractors, and authorized personnel. AuxPAY is not intended for personal, household, consumer wallet, peer-to-peer payment, banking, lending, investment, or stored-value use.

You may only use AuxPAY if you are at least 18 years old and legally able to enter into a binding agreement.

2. Approved Merchant Access

Access to AuxPAY and its payment-related features is not automatic. Certain features may require merchant approval, underwriting, identity verification, processor approval, bank approval, gateway setup, payment provider onboarding, device eligibility, regional availability, risk review, and other configuration steps.

We may approve, deny, limit, restrict, suspend, or terminate access to any feature based on risk, compliance, processor direction, provider direction, legal requirements, card network rules, suspected fraud, account activity, device security, or business needs.

3. Relationship to Merchant Processing Agreements

Your use of payment processing services may also be governed by separate merchant agreements, merchant processing terms, bank terms, gateway terms, card network rules, payment provider terms, underwriting documents, fee schedules, addenda, and related agreements.

If there is a conflict between these Terms and a specific merchant processing agreement for payment processing, settlement, reserves, fees, chargebacks, reversals, refunds, card network rules, funding, risk controls, or underwriting, the merchant processing agreement controls for those payment-processing matters.

These Terms govern your use of the AuxPAY app, dashboard, website, mobile tools, and related services. They do not replace any merchant processing agreement, bank agreement, card network rule, or provider agreement that applies to your merchant account or transaction activity.

4. No In-App Purchases for Digital Goods

AuxPAY does not sell digital content, digital subscriptions, virtual credits, coins, digital gift cards, donations, premium app content, or premium in-app features through the iOS app.

Payment activity through AuxPAY is intended for approved merchants collecting payment for real-world goods and services outside the app. Those payments are processed through the applicable merchant account, processor, bank, gateway, card network, and supported payment technology provider.

AuxPAY should not be used to sell digital content or digital services inside the iOS app unless AuxPAY expressly supports that use and the required Apple rules are satisfied.

5. Third-Party Payment Providers

AuxPAY may work with third-party providers, including payment processors, acquiring banks, sponsoring banks, gateways, payment facilitators, independent sales organizations, risk providers, fraud tools, Tap to Pay providers, SMS providers, email providers, cloud providers, analytics providers, support tools, and other vendors.

These providers may have their own terms, privacy notices, security requirements, onboarding steps, fees, limitations, certifications, approval rules, and compliance requirements. You agree to comply with all applicable third-party terms when using features powered by those providers.

AuxPAY is not responsible for delays, declines, outages, holds, reserves, risk decisions, funding timing, chargebacks, account closures, device restrictions, transaction limits, certification requirements, or other actions controlled by third-party providers, processors, banks, card networks, regulators, carriers, or Apple.

6. Tap to Pay and Contactless Payment Features

Where available, AuxPAY may allow approved merchants to access supported in-person and contactless payment tools, including Tap to Pay on iPhone.

Tap to Pay on iPhone and other contactless payment features may be enabled through supported third-party payment provider integrations, including NearPay, Dejavoo/iPOSpays, processors, gateways, and other supported providers, depending on merchant setup.

Availability depends on merchant approval, processor support, provider configuration, compatible device, operating system, region, transaction type, network availability, Apple requirements, provider requirements, certification requirements, and applicable laws.

AuxPAY does not represent itself as Apple, a card network, an issuing bank, an acquiring bank, or the certifying entity for Tap to Pay on iPhone unless expressly stated in writing. Apple is not responsible for merchant transactions, processing, settlement, refunds, chargebacks, underwriting, merchant support, risk decisions, account approvals, or provider availability.

7. Payment Links, Invoices, and Receipts

AuxPAY may allow approved merchants to create, send, view, manage, or track payment links, invoices, receipts, payment requests, payment reminders, and transaction activity through SMS, email, dashboard tools, mobile app tools, or other approved channels.

You are responsible for making sure that payment requests are accurate, lawful, authorized, and connected to valid goods, services, invoices, donations, balances, or other legitimate business activity.

You may not send false, deceptive, unauthorized, fraudulent, misleading, abusive, spam, or unlawful payment requests.

8. SMS and Text-to-Pay

If you use AuxPAY to send SMS messages, Text-to-Pay links, receipts, reminders, alerts, or other customer communications, you are responsible for obtaining all required customer consent and complying with all applicable laws, carrier rules, messaging rules, privacy laws, and anti-spam rules.

You must not upload, import, or use phone numbers that were obtained unlawfully or without proper permission. You must honor opt-out requests where required.

We may suspend, restrict, or terminate SMS features if we detect abuse, fraud, spam, excessive complaints, carrier issues, prohibited content, compliance concerns, or unlawful activity.

Message delivery is not guaranteed. SMS and email delivery may depend on carriers, providers, spam filters, network availability, customer devices, customer settings, provider systems, and third-party services.

9. ACH, Card Payments, Refunds, Voids, and Other Payment Features

ACH payments, card-present transactions, card-not-present transactions, pre-authorizations, refunds, voids, receipts, device management, terminal management, settlement reporting, and other payment features may not be available to all merchants.

Feature availability may vary based on processor, bank, gateway, payment provider, risk approval, merchant account type, card network rules, transaction type, location, device, app version, operating system, and legal requirements.

You are responsible for using payment features only as permitted by your merchant agreements, processor rules, card network rules, banking rules, provider terms, and applicable laws.

10. Fees, Settlement, Reserves, Holds, and Chargebacks

Fees, settlement timing, reserves, rolling reserves, holds, chargebacks, retrievals, reversals, returns, refunds, penalties, assessments, and other financial terms may be governed by your merchant processing agreement, fee schedule, processor terms, bank terms, provider terms, or other written agreements.

AuxPAY may display transaction or account information for convenience, but final settlement, funding, chargeback, reserve, fee, adjustment, and risk decisions may be made by processors, banks, card networks, payment providers, or other third parties.

You are responsible for chargebacks, refunds, disputes, returns, reversals, penalties, fraud losses, negative balances, and other amounts owed under your merchant agreements and applicable rules.

11. Prohibited Use

You may not use AuxPAY for:

We may restrict, suspend, or terminate access if we believe you have violated these Terms or created unacceptable risk.

12. Account Security

You are responsible for keeping your login credentials, devices, passwords, PINs, biometric access, API keys, account access, user roles, and authorized users secure.

You must notify us promptly if you believe your account, device, credentials, API keys, customer data, transaction data, or merchant access has been compromised.

We may require multi-factor authentication, device checks, reauthentication, identity verification, security review, password reset, API key rotation, or other security steps.

13. Device and App Requirements

Some features may require a compatible iPhone, current operating system, supported app version, internet access, enabled device security, approved merchant profile, approved provider account, and third-party provider configuration.

You may not use AuxPAY on jailbroken, rooted, tampered, compromised, or insecure devices. We may restrict access from devices, networks, locations, or environments that present security, fraud, compliance, or operational risk.

14. Service Security, Certifications, Backups, and Data Controls

AuxPAY uses secure infrastructure and internal controls designed to protect merchant, payment, invoice, account, support, and customer information.

AuxPAY maintains PCI DSS certified and hardened payment infrastructure, HIPAA-compliant security controls where applicable, and SOC 2 certified controls. These controls may include encryption, secure authentication, role-based access, least-privilege permissions, secure tokens, system monitoring, audit logging, incident response procedures, vulnerability management, vendor controls, backup procedures, disaster recovery controls, and security review processes.

We maintain backup and recovery practices designed to support business continuity and disaster recovery. We may purge, archive, delete, de-identify, or retain information based on operational needs, legal requirements, tax and accounting obligations, processor requirements, card network rules, fraud prevention, dispute handling, chargeback obligations, security needs, and compliance requirements.

No security program can guarantee absolute protection. You are responsible for keeping your own devices, login credentials, passwords, PINs, biometric access, API keys, systems, networks, and authorized users secure.

15. Privacy and Data

Your use of AuxPAY is also governed by our Privacy Policy. By using the Services, you acknowledge that we and our service providers may collect, use, share, retain, protect, delete, archive, and process data as described in the Privacy Policy.

You are responsible for ensuring that any customer data, invoice data, phone numbers, email addresses, payment information, business information, owner information, or other information you submit to AuxPAY is collected and used lawfully.

16. Compliance with Laws and Rules

You agree to comply with all applicable laws, rules, regulations, card network rules, processor rules, banking rules, sanctions laws, anti-money laundering requirements, anti-spam rules, privacy laws, consumer protection laws, data security requirements, PCI requirements, tax obligations, and other requirements that apply to your use of AuxPAY.

You are responsible for your products, services, customers, advertising, invoices, payment links, receipts, refund policies, tax treatment, surcharge practices, customer disclosures, business practices, and legal compliance.

17. Apple App Store Terms

If you download or use AuxPAY through the Apple App Store, your use may also be subject to Apple’s terms and conditions.

Apple is not responsible for providing maintenance or support for AuxPAY. Apple is not responsible for processing merchant payments, approving merchant accounts, settling funds, handling chargebacks, issuing refunds, resolving merchant disputes, underwriting merchants, providing Tap to Pay provider services, or making risk decisions.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms only to the extent required by Apple’s applicable terms.

18. Service Availability

We work to keep AuxPAY available, but we do not guarantee that the Services will always be available, uninterrupted, secure, timely, accurate, or error-free.

The Services may be unavailable, delayed, or limited due to maintenance, outages, internet issues, provider issues, processor issues, bank issues, Apple services, carrier issues, security controls, fraud controls, compliance reviews, third-party failures, or events outside our control.

19. Changes to the Services

We may update, modify, suspend, remove, or discontinue any part of the Services at any time. We may add or remove providers, features, supported payment methods, supported regions, devices, integrations, workflows, or requirements.

20. Suspension and Termination

We may suspend, restrict, or terminate your access to AuxPAY if:

Termination of app access does not remove obligations under merchant processing agreements, including chargebacks, fees, refunds, reserves, negative balances, compliance duties, or other amounts owed.

21. Intellectual Property

AuxPAY, our logos, trademarks, software, designs, documentation, workflows, APIs, dashboards, content, and related materials are owned by us or our licensors.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, scrape, misuse, or create derivative works from the Services except as allowed by law or by written permission from us.

22. Feedback

If you provide feedback, suggestions, ideas, requests, or recommendations about AuxPAY, you allow us to use them without restriction or compensation.

23. Disclaimers

The Services are provided “as is” and “as available.” To the maximum extent allowed by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, security, uninterrupted operation, and error-free performance.

We do not guarantee approval for any merchant account, payment method, transaction, settlement, refund, void, Tap to Pay feature, ACH feature, payment link, device, provider integration, processor relationship, funding timeline, or risk decision.

24. Limitation of Liability

To the maximum extent allowed by law, AuxPAY and its owners, officers, directors, employees, contractors, affiliates, providers, and agents will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, lost profits, lost revenue, lost data, business interruption, reputational harm, chargebacks, settlement delays, declined transactions, provider outages, device issues, carrier issues, or loss of goodwill.

To the maximum extent allowed by law, our total liability for claims related to the Services will not exceed the greater of: (a) the amount you paid directly to AuxPAY for use of the Services in the three months before the claim, or (b) one hundred U.S. dollars.

Some jurisdictions do not allow certain limitations, so some of these limitations may not apply.

25. Indemnification

You agree to defend, indemnify, and hold harmless AuxPAY and its owners, officers, directors, employees, contractors, affiliates, providers, and agents from any claim, loss, liability, damage, fine, penalty, assessment, cost, or expense, including reasonable attorneys’ fees, arising from:

26. Governing Law

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules.

27. Dispute Resolution

Before filing a claim, you agree to contact us and attempt to resolve the issue informally.

Any dispute that cannot be resolved informally will be handled in the state or federal courts located in Clark County, Nevada, unless a separate written agreement between you and AuxPAY requires arbitration or another dispute process.

28. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a new “Last Updated” date. Your continued use of AuxPAY after changes become effective means you accept the updated Terms.

29. Contact Us

If you have questions about these Terms, contact us at:

norinext
8871 W Flamingo Rd, Suite 14
Las Vegas, NV 89147
General Inquiries: team@auxpay.net
Support: support@auxpay.net
Accounting: accounting@auxpay.net
Support Phone: 888-667-1336
Office Phone: 702-430-6000

If your request relates to a merchant account, payment, invoice, settlement, chargeback, refund, transaction, or account access issue, please include your business name, merchant ID if available, contact information, and a clear description of the request so we can route it properly.

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