Merchant terms — Get paid with Xpat

1. Who can be a merchant

ⓘ Individuals and businesses can get paid with Xpat once they finish onboarding and pass our checks.

Individuals and registered businesses can apply to be merchants. To get paid, you must complete merchant onboarding, which includes:

1. verifying your mobile number;
2. completing US identity verification for yourself and, for a business, for each owner, controller or representative we ask about;
3. opening an Xpat Cash Plus Account, which is where you receive settlements; and
4. giving us accurate business details — such as your legal and trading name, business type, what you sell, your website or social pages, your expected volumes, and for a business its registration and tax details and its beneficial owners.

We may ask for more information at any time and verify it with third parties. Approval is at our discretion. We may approve you with conditions — such as lower limits, longer settlement times or a reserve — and may change those conditions as we learn more about your business.

You must keep your information accurate and up to date and tell us promptly about any material change, including a change in what you sell, how you sell it, ownership or control, or your business address. Some details, such as your mobile number and email, can only be changed through support.

You may use these services only for the business you described to us and only for genuine sales of goods or services, or genuine requests for money owed to you. You may not accept payments on behalf of anyone else, act as a payment facilitator or aggregator, or let anyone else use your merchant account.

2. How your customers can pay

ⓘ Customers can pay from their Xpat Cash Plus Account, from a US bank by ACH, or by card through Stripe.

When your customer pays you through “Pay with Xpat”, they may be offered one or more of these methods. We decide which methods are available for your account and for each payment.

A payment is not final when your customer completes checkout or when it appears in your activity. Every payment may be reviewed, delayed, refused or reversed, as these terms describe. You bear the risk of any payment that is later reversed, returned or disputed (section 9).

You may not use Xpat to accept a payment from yourself, from an account you control, or to move money between your own accounts so it appears to be a sale. You may not split a single sale into several payments to avoid limits or review.

3. Payment links, requests and API keys

ⓘ You can request money with links and requests or through our API — and you’re responsible for everything done with your keys.

Payment links and requests

You can create payment links and payment requests that describe what the customer is paying for and how much. Each link or request must describe the goods or services accurately and match the price you actually charge. You are responsible for links you create, even if they are forwarded.

API keys

If we give you API keys, they identify your account. Keep your secret keys secret. Store them only on your servers — never in a website, app, public repository or message — and tell us immediately if you think a key has been exposed.

You are responsible for all activity carried out with your keys, whether or not you authorized it, until you have told us the key is compromised and we have had a reasonable chance to disable it. We may revoke, rotate or limit keys at any time to protect you, your customers or us.

Webhooks and redirect URLs

If you receive webhooks (notifications we send to your server), you must verify each webhook using the signing secret we provide before acting on it, use HTTPS, and handle repeated or out-of-order notifications safely. Don’t ship goods or release services based only on a redirect back to your site or on an unverified message — confirm the payment status with us first.

Redirect and callback URLs you register must be on domains you own and control, use HTTPS, and not point to any third-party or malicious site. We may refuse or disable URLs we consider unsafe.

You must follow our documentation and rate limits, and must not reverse engineer, scrape, overload or probe our services for vulnerabilities without our written permission.

4. Businesses and products we don’t support

ⓘ Some businesses and products can’t use Xpat — using it for them can freeze your funds and close your account.

You may not use Xpat to accept payments for, or in connection with, any of the following. We may add to this list at any time, and we decide whether an activity falls within it.

Illegal or harmful

• anything illegal where you or your customer is located;
• drugs, drug paraphernalia, controlled or prescription-only substances, and online pharmacies;
• weapons, firearms, firearm parts, ammunition, explosives and fireworks;
• stolen or counterfeit goods, and items that infringe anyone’s intellectual property or other rights;
• human trafficking, sexual services, adult content and services, or anything that sexualizes minors;
• content or services that promote violence, hate, terrorism or self-harm.

Financial and high-risk

• money transmission, currency exchange, payment facilitation, cheque cashing, or accepting payments for third parties;
• cryptocurrency and digital assets, including exchanges, wallets, mining, token sales and NFTs;
• securities, unregistered investment advice, binary options and forex trading;
• lending, payday loans, debt collection, debt relief and credit repair;
• pyramid schemes, multi-level marketing and schemes promising guaranteed returns;
• the sale of cash, cash equivalents, prepaid cards or gift cards in bulk;
• gambling, lotteries, sweepstakes, fantasy sports and games of chance for money, unless we have approved them in writing and they are licensed;
• crowdfunding or charity fundraising unless we have approved it in writing and you meet all registration requirements.

Deceptive or unfair

• goods or services you don’t deliver or don’t have the right to sell, or drop-shipping where you can’t control delivery;
• deceptive marketing, fake reviews, “free trials” that become charges without clear consent, and negative-option billing;
• pseudo-pharmaceuticals, miracle cures and products with unproven health claims;
• impersonation of any person, business or authority, including services that imply official government status;
• anything that facilitates or forms part of a scam, including romance, investment, job or advance-fee scams.

Restricted parties and places

• any person, business, country or region subject to US sanctions (including those administered by OFAC) or other sanctions that apply to us or our partners;
• shell companies or businesses that hide who owns or controls them;
• any business we reasonably consider to present unacceptable legal, regulatory, reputational, fraud or credit risk.

If you aren’t sure whether your business is allowed, ask us before you accept payments.

5. Your responsibilities to your customers

ⓘ You sell to your customers, not us — so you deliver what you sold, explain your refund policy and handle complaints.

You are the seller of record. Your customers buy from you, not from Xpat, and Xpat is not a party to your sale. You are responsible for:

• the goods and services you sell, including their quality, safety, legality, delivery and any warranty;
• describing them accurately, with the total price (including any taxes and charges) shown before the customer pays;
• having a clear refund and cancellation policy that customers can see before they pay, and honoring it;
• giving receipts and any other information the law requires;
• customer service, complaints and resolving disputes with your customers, and giving them a way to contact you;
• complying with all consumer protection, advertising, pricing, licensing and other laws that apply to your business.

You must not suggest that Xpat endorses, guarantees or provides your goods or services, or use Xpat’s name or logo except the “Pay with Xpat” badge we provide.

6. Fees

ⓘ Any fees for getting paid are shown in the app; card fees are shown to your customer.

Merchant pricing is shown during merchant onboarding or set out in your commercial agreement with us. Any fees that apply to your account will be shown in the app or our fee schedule before they apply to you. Card fees charged to the payer are shown to the payer before they pay.

We may also charge you for costs you cause, where the fee schedule says so — for example for disputes, chargebacks or returned payments — and we may deduct fees from settlements or from your Cash Plus Account. Fees are not refundable when a payment is refunded, reversed or disputed, unless we say otherwise.

We may change our fees by giving you notice in the app or by email. If you don’t accept a change, you may stop using these services before it takes effect.

7. Settlement to your Cash Plus Account

ⓘ Payments you receive are settled to your Cash Plus Account, after any fees, refunds and amounts you owe are taken off.

We settle the payments you receive to your Xpat Cash Plus Account, less any fees, refunds, reversals, disputes, reserves and other amounts you owe us. Settlement typically takes 1–3 business days, subject to the payment method, our banking partners, risk review, ACH returns, disputes, reserves, weekends and bank holidays, and we may delay settlement where a transaction needs compliance, fraud, sanctions or risk review. Timing can differ by payment method — ACH payments, for example, may settle only after they have cleared — and the expected time is shown in the app.

Settlement times are estimates, not guarantees, and may be delayed by bank holidays, partner processing, reviews or the reasons in section 8.

Settled funds can still be recovered from you later under sections 9 and 10 if a payment is reversed, refunded or disputed.

You must review your activity and settlements regularly and tell us about any error promptly, and in any case within 30 calendar days after the applicable settlement date or the date the relevant settlement statement is made available. We may, at our discretion, investigate issues reported later, and we will investigate or correct issues after that period where the law requires. If you don’t, to the extent the law allows, you give up any claim about that item, and we won’t be responsible for losses that could have been avoided by reporting it earlier.

If we pay you more than you were owed, for example by mistake, you must return the excess and we may recover it from your Cash Plus Account or future settlements.

8. Holds, reserves and limits

ⓘ When we see risk we may hold your settlements, keep a reserve or limit your payments to cover what you might owe.

To protect you, your customers and us, we may hold settlements, delay payouts, set limits or require a reserve at any time, including without notice where notice would increase risk or isn’t allowed by law. We may do this if, for example:

• you are new, or your volume, average sale, refund rate or dispute rate changes sharply or is higher than we expect;
• we receive or expect complaints, disputes, chargebacks or ACH returns;
• you sell goods or services delivered in the future, such as pre-orders or events;
• we suspect fraud, a breach of these terms, a prohibited activity or a sanctions or legal issue;
• your account information is incomplete, inaccurate or out of date;
• a payment partner, card network, bank or authority requires it.

A reserve is an amount we keep back from your settlements, or ask you to fund, to cover refunds, disputes, chargebacks, returns, reversals, fees and other amounts you may owe. We set the amount and form of the reserve — for example a fixed amount, a percentage of your payments held for a period, or a delay in settlement — based on our assessment of risk, and we may change it as that risk changes. You don’t earn interest on a reserve.

We will release held funds and reserves once we reasonably consider the risk has passed, which may be after your account is closed and after the time in which your customers can dispute or return payments has ended. We may use held funds and reserves to pay any amount you owe us.

Where the law requires us to freeze or turn over funds — for example under a court order, levy or sanctions — we will do so.

9. Refunds, disputes, chargebacks and reversals

ⓘ You pay for every refund, dispute, chargeback, ACH return and reversal on payments you receive — not Xpat.

Your liability

You are liable for the full amount of every payment you received that is later refunded, disputed, charged back, returned or reversed, together with any related fees, fines or penalties imposed by a card network, bank or partner, and our losses and costs. This is true whatever the reason — including if the payer was a fraudster using someone else’s card or bank account, if the payer’s bank returns an ACH debit (for example for insufficient funds or as unauthorized), if a card network decides against you, or if we reverse a payment because it breached these terms or the law.

Refunds you give

You may refund a payment through Xpat up to the original amount, within the time allowed in the app. Refunds are paid from your available Cash Plus Account balance or deducted from settlements. You must not refund more than was paid, refund to a different person or payment method than the original, or give cash refunds for payments made through Xpat. Once issued, a refund can’t be cancelled. If your balance doesn’t cover a refund, the refund may fail or create a negative balance you owe us.

Disputes and chargebacks

A payer can dispute a card payment with their card issuer (a “chargeback”), dispute an ACH debit with their bank, or raise a complaint or error claim with us. When this happens, we may immediately deduct the disputed amount, plus any fees, from your Cash Plus Account, settlements or reserve while the dispute is resolved.

We’ll tell you about a dispute and how to respond. You must cooperate and provide accurate, complete evidence within the time we give you — such as receipts, proof of delivery, communications with the customer and your refund policy. We may decide not to contest a dispute we reasonably think would fail. The final decision rests with the card network or the payer’s bank, and we don’t guarantee any outcome. If a dispute is decided in your favor, we’ll return the amount we deducted, less any non-refundable fees.

Excessive disputes

If your disputes, chargebacks, returns or refunds are high compared with your payments, or above any threshold set by a card network or partner, we may require a reserve, limit payment methods, add conditions, or suspend or close your account.

10. How we recover what you owe

ⓘ If you owe us money, we can take it from your balances and future payments or collect it in other lawful ways.

Any amount you owe us under these terms — including refunds, disputes, chargebacks, ACH returns, reversals, fees, fines and losses — is due immediately. You authorize us, to the extent the law allows, to recover it by:

• deducting it from your settlements, held funds and reserves;
• debiting your Xpat Cash Plus Account or any other balance you hold with us, including balances in other accounts you own or control with us;
• debiting a bank account you have linked to Xpat, under the ACH authorization you have given us;
• charging a card you have added, where you have authorized it; and
• asking you to pay it directly, and, if you don’t, using other lawful means — including sending it to a collection agency, reporting it where permitted, and taking legal action.

If your Cash Plus Account goes into a negative balance, you must bring it back to zero immediately. We may apply any money that later comes into your account against the negative balance.

You will also pay our reasonable costs of collection, including legal fees, to the extent the law allows.

11. Fraud prevention and security

ⓘ Take reasonable steps to prevent fraud and keep your account secure; we can stop payments we think are risky.

You must take reasonable steps to detect and prevent fraud, including checking unusual orders and following any guidance we give you.

You must keep your Xpat login, devices and one-time codes secure, use strong security on any systems connected to Xpat, and tell us immediately at support@xpat.money or through in-app chat if you suspect unauthorized access, a data breach, or fraud involving your account. We will never ask you for your one-time codes or secret keys.

We may refuse, delay, hold or reverse any payment, or limit any feature, if we reasonably think it is fraudulent, unauthorized, prohibited or illegal, and may share information about suspected fraud with partners, card networks, fraud-prevention services and authorities as the law allows.

Our fraud tools are there to protect Xpat. They don’t guarantee that any payment is legitimate, and you remain liable for fraudulent payments under section 9 even if our checks did not flag them.

12. Customer data and privacy

ⓘ Protect your customers’ information, use it only to run your business lawfully, and tell them how you use it.

Through Xpat you may receive information about your customers, such as their names, contact details and what they bought. You must:

• use it only to complete the transaction, provide your goods or services, handle refunds and disputes, and meet your legal obligations — not to market to them without their consent, sell it, or build profiles;
• have and follow a privacy notice that tells your customers what you collect and how you use and share it, and get any consent the law requires;
• keep it secure with reasonable administrative, technical and physical safeguards, and limit access to people who need it;
• never store full card numbers, card security codes, bank login details or one-time codes, and never ask customers to send them to you;
• comply with privacy and data security laws that apply to you, including US state privacy laws and, where you handle data of people in India, the Digital Personal Data Protection Act, 2023; and
• tell us promptly about any breach affecting data you received through Xpat, and cooperate with us in responding to it.

We process personal information about you, your owners and your customers as described in our Privacy Policy.

13. Compliance, sanctions and taxes

ⓘ You must pass our identity and business checks, follow the law, and handle your own taxes — we may report payments to the IRS.

Know your customer and business

We and our partners must verify who you are and, for a business, who owns and controls it (KYC and KYB), and monitor activity under anti-money-laundering, counter-terrorist-financing and sanctions laws. You must provide what we ask for promptly and truthfully. If you don’t, we may suspend payments or settlements until you do.

Sanctions

You confirm that neither you nor anyone who owns, controls or acts for you is a sanctioned person or in a sanctioned place, and you won’t accept payments from anyone who is.

Licenses and laws

You are responsible for holding any license or registration your business needs, and for complying with every law that applies to your business and your sales.

Records

Keep accurate records of your sales, deliveries, refunds and customer communications for as long as the law requires and payments could be disputed, and give them to us promptly when we ask.

Taxes

You are responsible for determining, collecting, reporting and paying all taxes on your sales and income, including sales and use taxes. We don’t give tax advice.

Where the law requires, we may report the payments you receive to the IRS and state tax authorities, including on Form 1099-K, and send you a copy. You must give us accurate tax information, such as a Form W-9 with your taxpayer identification number. If you don’t, we may withhold amounts the law requires (backup withholding), hold your settlements, or limit your account.

14. Suspension and termination

ⓘ Either of us can end these merchant services; we can suspend you sooner if there is risk, and you stay liable for what you owe.

You may stop using Get paid at any time by deactivating your payment links and API keys and telling us. Closing your merchant services doesn’t automatically close your Cash Plus Account.

We may suspend or end your access to these services, or any part of them, at any time and for any lawful reason — including with immediate effect and without prior notice where we reasonably believe:

• you have broken these terms, our Terms of Service or the law, or engaged in a prohibited activity;
• there is fraud, unauthorized activity, or high levels of disputes, refunds or returns on your account;
• you gave us false or incomplete information, or didn’t provide information when asked;
• a partner, card network, bank or authority requires it; or
• your account presents an unacceptable legal, financial, regulatory or reputational risk.

When your merchant services end: you must stop using Xpat checkout, links and keys; we may cancel pending payments and refund your customers; and we may hold your funds for as long as reasonably needed to cover disputes, chargebacks, returns, reversals and other amounts you may owe, which can be several months. You remain liable for all amounts you owe, including those arising after termination.

Terms that by their nature should continue, such as sections 9, 10, 12, 15 and 16, survive termination.

15. Indemnity

ⓘ If your business, your sales or your breach of these terms causes us a loss or a claim, you cover it.

To the extent the law allows, you will defend, indemnify and hold harmless Xpat, Remit2Any Inc., our affiliates and partners, and our and their directors, officers, employees and agents, from all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or related to:

• your goods, services, sales, marketing or business;
• refunds, disputes, chargebacks, returns or reversals of payments to you;
• your breach of these terms, the Terms of Service or any law, or of any rights of a third party;
• your handling of customer data, or any security incident involving your systems, keys or credentials; and
• the acts or omissions of anyone using your account, keys or credentials.

You may not settle a claim that affects us without our written consent.

16. Disclaimers and limits on our liability

ⓘ We provide these services as they are and limit what we can be responsible for, as far as the law allows.

To the extent the law allows, these services are provided “as is” and “as available”. We don’t promise that they will be uninterrupted, error-free or available at any particular time, that any payment method will be available, or that any payment will be approved, settled or protected from reversal.

To the extent the law allows, we are not liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, sales, goodwill or data, even if we were told they were possible. We are not responsible for the acts or omissions of your customers, card networks, banks, Stripe or other third parties, or for events outside our reasonable control.

To the extent the law allows, our total liability to you for all claims arising out of or related to these terms or the merchant services is limited to the fees you paid us under these terms in the 12 months before the event giving rise to the claim.

Nothing in these terms limits liability that the law doesn’t allow to be limited.

17. Changes, disputes and contact

ⓘ We may update these terms with notice, disputes go through the Terms of Service process, and here’s how to reach us.

We may change these terms by posting the new version and, for material changes, giving you notice in the app or by email before they take effect, except where a change is needed quickly for legal, security or fraud reasons. If you keep using the services after a change takes effect, you accept it.

These terms are part of, and incorporate, our Terms of Service. Any dispute about these terms or the merchant services is resolved under the Terms of Service — including its arbitration agreement and class-action waiver — and its governing-law terms. You agree to receive notices electronically under our Electronic communications terms.

You may not assign these terms without our written consent. If any part can’t be enforced, the rest still applies.

Questions or concerns? Write to support@xpat.money, chat with us in the app, or call +1 866-421-4888.