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 and Acceptable Use Policy. If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

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. 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.

4. Fees and Billing

Subscription fees are described on our pricing pageand any order form you sign. Fees are billed in advance for the term you choose, are non-refundable except as required by law, and may change 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.

5. 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.

6. Customer Data and Privacy

You retain ownership of customer and transaction data you process through FinMI. You grant us a limited license to process this data solely to provide the Services. 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.

7. Intellectual Property

FinMI, the FinMI logo, 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.

8. 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).

9. 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 AND EITHER PARTY'S INDEMNIFICATION OBLIGATIONS, 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.

10. Termination

You may cancel your subscription at any time from the dashboard. We may suspend or terminate the Services for material breach, non-payment, 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 4 (fees), 6 (data), 7 (IP), 8–9 (disclaimers/liability), 11 (governing law), and 12 (general) survive termination.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws principles. 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.

12. General

These Terms (together with the Privacy Policy and Acceptable Use Policy) are the entire agreement between you and uPayments LLC regarding the Services. If any provision is held unenforceable, the rest remains in effect. Failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign in connection with a merger or sale. We may update these Terms; material changes will be communicated by email or through the dashboard, with continued use constituting acceptance.

13. Contact

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

uPayments LLC
Albuquerque, NM, United States