Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and uPayments LLC, operating under the product name FinMI ("Financial Merchant Intelligence"). By accessing or using the FinMI platform, dashboard, APIs, or any related services (collectively, the "Services"), you agree to be bound by these Terms and by our Privacy Policy, Acceptable Use Policy, Refund Policy, Disclaimer, and Data Use Policy. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business. If you do not agree to these Terms, do not use the Services.

2. Description of Services

FinMI is a merchant operations dashboard that connects to your existing payment gateway (currently NMI). Features include hosted checkout pages, embeddable payment forms, invoicing, subscriptions, customer-vault management, dunning, dispute response (DisputeProof), reporting, and webhook delivery. FinMI is not itself a payment processor; payment authorization, capture, settlement, and PCI-scope responsibilities for cardholder data sit with the connected gateway.

3. Accessibility Statement

uPayments LLC is committed to making FinMI accessible to everyone, including individuals with disabilities, and strives to ensure that the dashboard, marketing site, and customer-facing payment surfaces are user-friendly and easy to navigate. In accordance with the Americans with Disabilities Act (the "ADA") and Web Content Accessibility Guidelines (WCAG) 2.1 Level AA targets, we have implemented features including resizable text, alternative text for images, keyboard navigation, focus management, screen-reader compatibility, and skip-to-content links. If you encounter an accessibility barrier, contact legal@finmi.io and we will work to remediate it.

4. Account Registration

You must be 18 years or older and authorized to enter into legally binding agreements on behalf of any business you represent. You are responsible for the accuracy of registration information, the security of your credentials, and any activity under your account. Notify us immediately if you suspect unauthorized access. We may suspend or terminate accounts where required by law, for material breach, or to protect the integrity of the Services.

5. Fees and Billing

Subscription fees are described on our pricing page and any order form you sign. All fees are stated and charged in U.S. dollars. Fees are billed in advance for the term you choose and are non-refundable except as described in our Refund Policyor as required by law. We may change fees on at least 30 days' notice for the next renewal. Payment-processing fees charged by the gateway (NMI) and card networks are governed by your separate agreement with the gateway, not by these Terms. Past-due accounts may be suspended; we may charge interest at the lesser of 1.5% per month or the maximum permitted by law, plus reasonable collection costs.

6. Acceptable Use

You agree to use the Services in compliance with our Acceptable Use Policy, all applicable laws (including card-network rules and PCI requirements that apply to your business), and the terms of your gateway and bank agreements.

7. Customer Data and Privacy

You retain ownership of customer and transaction data you process through FinMI. You grant us a limited, non-exclusive license to process this data solely to provide the Services, including aggregating and anonymizing it for product improvement and benchmarking. You are responsible for providing your end customers with a privacy policy that accurately describes your data practices and for obtaining any consents required by law.

8. Intellectual Property

FinMI, the FinMI logo, the uPayments name, and the Services (including software, design, documentation, and content) are owned by uPayments LLC and protected by intellectual-property laws. We grant you a non-exclusive, non-transferable license to access and use the Services during your subscription term, subject to these Terms. You may not reverse-engineer, scrape at scale, resell, or build competing services from the platform. All rights not expressly granted are reserved.

9. Beta Features and Early Access

From time to time we may make features available on a pre-release, beta, alpha, or early-access basis ("Beta Features"). Beta Features are provided strictly "as is," may change, become unavailable, or be removed without notice, and are excluded from any service-level commitments. You agree to provide reasonable feedback if requested and not to rely on Beta Features for production-critical workflows.

10. Electronic Communications and Consent to Contact

You consent to receive Communications relating to your use of the Services electronically, including by email, in-app message, or, where you have opted in, SMS or push notification. When you provide contact information, you grant us permission to contact you at those addresses or numbers about your accounts and our products and services. You may withdraw consent for non-essential communications by following unsubscribe instructions in the message; some operational and security communications cannot be opted out of while you maintain an active account. You have the right to receive a free paper copy of any Communication by contacting us.

11. Third-Party Services

The Services connect to third-party services that you choose to authorize, including your gateway (NMI), CRMs, accounting tools, analytics providers, and the like. We are not responsible for the availability, accuracy, content, policies, or practices of those services. Your use of any third-party service is governed by that provider's own agreement and privacy policy. Links from the Services to third-party sites do not constitute an endorsement.

12. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, error-free, or that all defects will be corrected. We are not responsible for the acts or omissions of third-party providers (including your gateway, card networks, and acquirers). Additional disclaimers are set out in our Disclaimer.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL. EXCEPT FOR YOUR PAYMENT OBLIGATIONS, A PARTY'S INDEMNIFICATION OBLIGATIONS, AND BREACHES OF CONFIDENTIALITY, EACH PARTY'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The foregoing limitations apply even if a remedy fails of its essential purpose.

14. Indemnification

You agree to defend, indemnify, and hold harmless uPayments LLC and its affiliates, officers, managers, directors, employees, contractors, and subcontractors from and against any and all claims, demands, causes of action, judgments, regulatory-agency costs, court costs, and reasonable attorneys' fees arising out of or related to: (a) your use of the Services; (b) your violation of these Terms or any incorporated policy; (c) any misrepresentation by you in connection with the Services; (d) your violation of any law or third-party right; or (e) any dispute between you and an end customer, employee, partner, or other third party in connection with your business. We will give you prompt notice of any covered claim and reasonable cooperation in the defense.

15. Termination

You may cancel your subscription at any time from the dashboard. We may suspend or terminate the Services for material breach, non-payment, suspected fraud or abuse, or as required by law. On termination, your right to use the Services ends; we will make a reasonable effort to provide an export of your data for 30 days. Sections 5 (fees), 7 (data), 8 (IP), 12–14 (disclaimers/liability/indemnification), 17 (governing law), and 19 (general) survive termination.

16. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, pandemic, labor disputes, internet/telecommunications outages, or failures of upstream providers (including the gateway, card networks, or hosting infrastructure).

17. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles. Subject to any binding arbitration provision adopted by separate written agreement, the parties agree that any dispute will be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, and waive any objection to that venue. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Each party irrevocably waives any right to a jury trial. Each party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

18. Notices and Assignment

We may give notices to you by email to the address on file or by posting in the dashboard. You must give legal notices to us by email to legal@finmi.io with a copy by mail to uPayments LLC, Attention: Legal, Albuquerque, NM. You may not assign these Terms without our prior written consent; we may assign in connection with a merger, acquisition, or sale of substantially all assets.

19. General

These Terms (together with the policies they incorporate) are the entire agreement between you and uPayments LLC regarding the Services and supersede any prior or contemporaneous agreements on the same subject. If any provision is held unenforceable, the rest remains in effect. Failure to enforce a right is not a waiver. We may update these Terms; material changes will be communicated by email or through the dashboard, with continued use following the change constituting acceptance.

20. Copyright Complaints

If you believe in good faith that any material on the Services infringes your copyright, please send a notice meeting the requirements of the Digital Millennium Copyright Act (DMCA) to legal@finmi.iowith the subject "DMCA Notice," or by mail to uPayments LLC, Attention: DMCA Agent, Albuquerque, NM, United States.

21. Contact

For questions about these Terms, contact us at: legal@finmi.io.

uPayments LLC
Attention: Legal
Albuquerque, NM, United States