MERCHANT TERMS OF SERVICE
Last Updated: March 12, 2025
1. INTRODUCTION
These Terms of Service ("Terms") constitute a legally binding agreement between you, the merchant ("Merchant," "you," or "your") and SuperLekker LLC dba GiveGorilla ("Company," "we," "us," or "our") governing your use of our payment processing services, software, and related products (collectively, the "Services").
By applying for, accessing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Services.
2. SERVICE DESCRIPTION
The Company provides payment processing services that enable you to accept credit card, debit card, and other payment methods from your customers. Our Services include transaction processing, settlement of funds, chargeback management, reporting tools, and other related services as may be offered from time to time.
3. MERCHANT ACCOUNT REGISTRATION
3.1 Eligibility
To use our Services, you must:
Be at least 18 years of age
Have a valid business registration in your jurisdiction
Maintain a valid bank account
Meet our underwriting requirements
Comply with all applicable laws and payment network rules
3.2 Application Process
You must provide complete and accurate information during the application process. We may request additional information to verify your identity and business details. We reserve the right to decline any application without providing a reason.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.
4. FEES AND PAYMENTS
4.1 Fee Structure
You agree to pay all applicable fees as outlined in your Merchant Agreement. Fees may include, but are not limited to:
Transaction processing fees
Monthly service fees
Chargeback fees
PCI compliance fees
Equipment fees
Early termination fees
4.2 Fee Changes
We reserve the right to modify our fee structure upon thirty (30) days' written notice. Your continued use of our Services after such notice constitutes acceptance of the new fees.
4.3 Payment of Fees
Fees will be automatically deducted from your settlement funds. If settlement funds are insufficient, you authorize us to debit the bank account on file.
5. TRANSACTION PROCESSING
5.1 Authorization
You must obtain authorization for each transaction according to the payment network rules. Obtaining an authorization does not guarantee payment.
5.2 Settlement
We will transfer settlement funds to your designated bank account according to the schedule specified in your Merchant Agreement, less applicable fees and reserves.
5.3 Processing Limitations
We may impose processing limitations based on your processing history, risk factors, or requirements imposed by payment networks or regulatory authorities.
6. MERCHANT OBLIGATIONS
6.1 Compliance with Laws and Rules
You must comply with all applicable laws, regulations, and payment network rules, including but not limited to:
Anti-money laundering laws
Data protection and privacy laws
Consumer protection laws
Card association rules and regulations
PCI DSS requirements
6.2 Prohibited Activities
You may not use our Services for transactions related to:
Illegal goods or services
Counterfeit or unauthorized goods
Adult content or services
Gambling without proper licensing
Pyramid or Ponzi schemes
Any business or practice deemed high-risk by payment networks
Any goods or services that infringe on intellectual property rights
6.3 Transaction Documentation
You must maintain complete and accurate records of all transactions for at least two (2) years, or longer if required by applicable law.
6.4 Data Security
You must comply with the Payment Card Industry Data Security Standard (PCI DSS) and implement reasonable security measures to protect cardholder data.
7. CHARGEBACKS AND DISPUTES
7.1 Chargebacks
A chargeback occurs when a customer disputes a transaction with their card issuer. You are responsible for all chargebacks, regardless of the reason.
7.2 Chargeback Management
You must respond promptly to chargeback notices and provide requested documentation within the specified timeframe. Failure to respond may result in automatic loss of the dispute.
7.3 Excessive Chargebacks
If your chargeback ratio exceeds thresholds established by payment networks or our internal policies, we may:
Increase your fees
Impose additional reserves
Suspend or terminate your account
Assess compliance program fees
8. RESERVES
8.1 Establishment of Reserves
We may establish a reserve account to secure your performance of obligations under these Terms. Funds in the reserve account remain our property until released to you.
8.2 Reserve Calculation
The reserve amount may be calculated based on:
Your processing volume
Chargeback history
Business model risk
Time in business
Other risk factors we deem relevant
8.3 Release of Reserves
Reserves will be released according to the schedule specified in your Merchant Agreement, provided there are no outstanding obligations.
9. TERM AND TERMINATION
9.1 Term
These Terms commence on the date your application is approved and continue until terminated in accordance with these Terms.
9.2 Termination by Merchant
You may terminate these Terms by providing thirty (30) days' written notice. Early termination fees may apply as specified in your Merchant Agreement.
9.3 Termination by Company
We may terminate these Terms immediately if:
You breach any provision of these Terms
You engage in prohibited activities
Your chargeback ratio exceeds acceptable thresholds
We are required to do so by law or payment network rules
We determine, in our sole discretion, that your use of our Services poses unacceptable risk
9.4 Effect of Termination
Upon termination:
You must cease using our Services
All outstanding fees become immediately due
We may withhold funds for a reasonable period to cover potential chargebacks
Sections that by their nature should survive will survive termination
10. REPRESENTATIONS AND WARRANTIES
10.1 Merchant Representations
You represent and warrant that:
You have the right and authority to enter into these Terms
Your business complies with all applicable laws and regulations
All information provided to us is accurate and complete
You will fulfill all obligations to your customers
10.2 Company Representations
We represent and warrant that:
We will provide the Services in accordance with industry standards
We will comply with applicable laws in providing the Services
11. LIMITATION OF LIABILITY
11.1 Limitation
IN NO EVENT SHALL OUR LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE LESSER OF $1,000 OR THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.2 Exclusion of Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to:
Your breach of these Terms
Your violation of any law or the rights of a third party
Your use of our Services
Transactions processed through your account
13. CHANGES TO TERMS
We may modify these Terms at any time by posting the revised Terms on our website or providing notice to you. Your continued use of our Services after such notice constitutes acceptance of the modified Terms.
14. CONFIDENTIALITY
14.1 Confidential Information
Each party may disclose to the other certain confidential information. The receiving party shall maintain the confidentiality of such information and not disclose it to third parties without prior written consent.
14.2 Exceptions
Confidentiality obligations do not apply to information that:
Is or becomes publicly available through no fault of the receiving party
Was rightfully known to the receiving party prior to disclosure
Is independently developed by the receiving party without use of confidential information
Is required to be disclosed by law or court order
15. DATA PRIVACY
15.1 Data Collection and Use
We collect and use personal information in accordance with our Privacy Policy, which is incorporated by reference into these Terms.
15.2 Cardholder Data
You must comply with all applicable data protection laws and PCI DSS requirements when handling cardholder data.
16. INTELLECTUAL PROPERTY
16.1 Company IP
All intellectual property rights in the Services, including software, trademarks, and content, remain our exclusive property.
16.2 License
We grant you a limited, non-exclusive, non-transferable license to use our Services solely for the purposes set forth in these Terms.
17. GENERAL PROVISIONS
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law principles.
17.2 Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Boston, Massachusetts in accordance with the rules of the American Arbitration Association.
17.3 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
17.4 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control.
17.5 Notices
All notices must be in writing and will be deemed given when delivered personally, sent by confirmed email, or deposited with a nationally recognized overnight courier.
17.6 Relationship of Parties
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.
17.7 Entire Agreement
These Terms, together with the Merchant Agreement and any other documents incorporated by reference, constitute the entire agreement between the parties regarding the subject matter hereof.
17.8 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.9 Waiver
The failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
18. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
SUPERLEKKER LLC
500 Westover Dr, #2399, Sanford, NC, 27330
By applying for or using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.
