Terms & Conditions

Welcome to Evolve Merchant Services LLC ("Evolve Merchant Services," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website (evolvemerchants.com), services, and products. By using our website or services, you agree to comply with and be bound by these Terms.

If you do not agree with these Terms, please do not use our website or services.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and others who access or use our services.

2. Services Provided

Evolve Merchant Services provides payment processing solutions, including but not limited to:

• Credit and debit card processing
• ACH and bank transfer processing
• Point-of-sale (POS) systems and hardware
• Mobile payment solutions
• E-commerce payment integrations
• Merchant funding and financial services

All services are subject to approval and compliance with applicable laws and regulations.

3. User Obligations

As a user of our services, you agree to:

• Provide accurate, complete, and current information during registration and use
• Maintain the security and confidentiality of your account credentials
• Comply with all applicable laws, regulations, and card network rules
• Not use our services for any illegal, fraudulent, or unauthorized purposes
• Not engage in activities that could harm, disable, or impair our services
• Notify us immediately of any unauthorized use of your account

4. Payment Terms

By using our payment processing services, you agree to:

• Pay all applicable fees, including processing fees, transaction fees, and monthly service charges
• Authorize us to deduct fees from your settlement funds or charge your designated account
• Accept responsibility for chargebacks, refunds, and disputed transactions
• Maintain sufficient funds in your account to cover fees and obligations

Pricing and fee structures are outlined in your merchant agreement and may vary based on transaction volume, industry, and risk profile.

5. Intellectual Property

All content on our website, including text, graphics, logos, images, software, and trademarks, is the property of Evolve Merchant Services LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

6. Account Termination

We reserve the right to suspend or terminate your account at any time for:

• Violation of these Terms or our policies
• Fraudulent, illegal, or high-risk activities
• Excessive chargebacks or disputes
• Non-payment of fees or obligations
• Any reason we deem necessary to protect our business or other users

Upon termination, you remain responsible for all outstanding fees, chargebacks, and obligations incurred during the term of service.

7. Limitation of Liability

To the fullest extent permitted by law, Evolve Merchant Services LLC shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, errors, or delays
• Unauthorized access to or alteration of your data
• Actions or omissions of third-party service providers

Our total liability for any claims arising from our services shall not exceed the fees paid by you in the 12 months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Evolve Merchant Services LLC, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

9. Dispute Resolution and Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration in Bay County, Florida, under Florida law. The arbitration will be conducted in accordance with the rules of the Florida Lawyers for the Arts, Arts Arbitration and Mediation Service.

You waive your right to participate in class action lawsuits or class-wide arbitration. All disputes must be brought on an individual basis.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

11. Changes to Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.

12. Third-Party Links and Services

Our website may contain links to third-party websites or services that are not owned or controlled by Evolve Merchant Services. We are not responsible for the content, privacy policies, or practices of any third-party websites. You access third-party sites at your own risk.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy and any merchant agreement you have signed, constitute the entire agreement between you and Evolve Merchant Services LLC regarding the use of our services.