Terms of Service

1. Legal Status and Nature of Services

Finoment LLC (USA), collectively referred to as “the Company” or “FinTEM,” operates exclusively as a technical infrastructure and software-as-a-service (SaaS) provider.

• 1.1. Technical Intermediary: FinTEM is not a bank, a licensed Money Service Business (MSB), a Payment Service Provider (PSP), or a financial fiduciary.
• 1.2. Scope of Service: Our services are strictly limited to providing a technical orchestration layer and API connectivity that allows Merchants to transmit transaction data to third-party financial institutions.
• 1.3. No Custody of Funds: FinTEM does not enter the flow of funds. We do not hold, manage, or take custody of Merchant or End-User funds at any point in the transaction lifecycle.

2. Direct Contractual Relationship with Financial Institutions

• 2.1. Independent Contracting: The Merchant must enter into separate, direct legal agreements with licensed PSPs or Banks (the “Financial Partners”) to enable payment processing.
• 2.2. Settlement Liability: All matters related to fund settlements, rolling reserves, chargebacks, frozen accounts, or transaction delays are the sole responsibility of the Financial Partner. FinTEM shall not be held liable for any financial loss resulting from the actions, omissions, or insolvency of any third-party Financial Partner.

3. Compliance, AML, and Merchant Conduct

• 3.1. Licensing Warranty: The Merchant represents and warrants that it holds all necessary licenses and authorizations (e.g., Forex, iGaming, E-commerce) required by the jurisdictions in which it operates.
• 3.2. Technical Suspension: As part of our commitment to global anti-money laundering (AML) standards, FinTEM reserves the right to suspend technical access immediately and without prior notice if the Merchant is flagged for suspicious activity, fraud, or breach of international sanctions.
• 3.3. Due Diligence: The responsibility for Know Your Customer (KYC) verification of End-Users rests solely with the Merchant and their respective licensed PSP.

4. Operational Continuity and Regional Risks

• 4.1. Regional Infrastructure: The Merchant acknowledges that payment stability in emerging markets (including but not limited to the CIS, Middle East, and Africa) is subject to the localized banking infrastructure. FinTEM provides no guarantee of specific “Acceptance Rates” or uninterrupted uptime for regional gateways.
• 4.2. Smart Routing Disclaimer: Any automated routing logic provided by FinTEM is a technical tool based on Merchant-defined parameters. The final choice of routing and the associated financial risks remain with the Merchant.

5. Data Security and PCI Compliance Scope

• 5.1. Tokenization and Redirection: FinTEM utilizes Hosted Payment Pages (HPP) and secure redirection via licensed partners. Consequently, sensitive cardholder data (Full PAN or CVV) is never stored or processed within FinTEM’s internal servers.
• 5.2. API Integrity: The Merchant is solely responsible for securing their API credentials and CRM environment. Any data breach originating from the Merchant’s side shall not be attributable to FinTEM.

6. Indemnification and Limitation of Liability

• 6.1. Third-Party Claims: The Merchant shall indemnify and hold FinTEM harmless against any claims, losses, or legal fees arising from disputes between the Merchant and its End-Users.
• 6.2. Liability Cap: To the maximum extent permitted by law, FinTEM’s total cumulative liability for any technical failure or breach of contract shall be limited to the total amount of service fees paid by the Merchant to FinTEM during the three (3) months immediately preceding the event giving rise to the claim.

7. Termination and Governing Law

• 7.1. Termination: Either party may terminate this agreement upon written notice. Upon termination, all technical access to the API and Dashboard will be revoked.
• 7.2. Jurisdiction: This Agreement shall be governed by the laws of the State of Wyoming (for international contracts) or the Republic of Turkey (for domestic contracts), without regard to conflict of law principles. Any disputes shall be settled in the competent courts of the respective jurisdiction.