Acceptable Use Policy

This Acceptable Use Policy (the “AUP” or “Policy”) is issued by Phoenix Ecommerce Technologies LLC (“Phoenix,” “Company,” “we,” or “us”) and governs use of the Phoenix payment gateway, payment-related software, and other services we make available to merchants and other customers (collectively, the “Services”).

This AUP applies to all visitors and users of any Phoenix website or product page on which it is posted and all persons and entities that access or use the Services under a Phoenix Software as a Service Agreement, merchant agreement, sub-merchant agreement, order form, or other written agreement with Phoenix. Compliance with this AUP is a material condition to access and use of the Services. Any breach of this AUP shall constitute a material breach of the Agreement.

Customer is solely responsible for the lawfulness, accuracy, and integrity of its business, its disclosures to consumers, and the activities of its affiliates, agencies, call centers, fulfillment providers, lead sources, processors, and other third parties acting for or on Customer’s behalf.

• Provide accurate, complete, and current business information.
• Maintain clear customer-facing subscription billing, refund, cancellation, privacy, shipping, and delivery policies.
• Comply with PCI DSS as applicable and safeguard cardholder data.
• Maintain controls to detect and prevent fraud, unauthorized transactions, and abuse.
• Maintain chargeback, fraud, and return rates at or below applicable card-network and processor thresholds.

Customer shall not, and shall not permit or facilitate any third party to, use the Services for unlawful, fraudulent, deceptive, misleading, unauthorized, or evasive activity, or any activity that violates applicable law, card-network rules, or sponsor-bank or processor requirements.

• Charging a consumer without valid authorization, charging after cancellation, or charging for goods or services not ordered.
• Transaction laundering, factoring, pass-through processing, aggregation on behalf of undisclosed third parties, or use of shell companies, nominee entities, or multiple merchant accounts to conceal the true merchant or evade monitoring or restrictions.
• Sale or distribution of counterfeit goods, content that infringes the intellectual property rights of a third party, or material that exploits or sexualizes minors (zero tolerance).
• Money laundering, terrorist financing, or any transaction involving sanctioned persons, entities, or jurisdictions.
• Marketing that violates the FTC Act, the Telemarketing Sales Rule, ROSCA, CAN-SPAM, the TCPA, state auto-renewal or negative-option laws, or comparable laws in any applicable jurisdiction.

Phoenix may, in its reasonable discretion, decline to onboard, restrict, condition, or impose enhanced diligence on any Customer or activity that Phoenix considers heightened risk.

• Subscription, continuity, free-trial, auto-renewal, and other negative-option offers.
• Outbound telemarketing and affiliate-driven or lead-generation marketing programs.
• Gambling, sweepstakes, and contests, where lawful and only with prior written approval.
• Cryptocurrency, digital-asset exchange, adult-oriented goods, CBD, nutraceuticals, supplements, debt relief, credit repair, and other regulated or heightened-risk activities.

Phoenix may monitor Customer transaction activity, fraud indicators, chargeback rates, and dispute volumes consistent with applicable card-network monitoring expectations and Phoenix’s internal risk standards.

Phoenix may request additional information or remediation; require reserves, holdbacks, or delayed settlement; restrict, suspend, or condition the Services; block payouts; terminate the Agreement; or report activity to a sponsor bank, processor, card network, regulator, or law-enforcement authority. Phoenix shall have no liability to Customer for any good-faith action taken under this AUP.

Phoenix may update or supplement this AUP from time to time to reflect changes in law, card-network rules, sponsor-bank or processor requirements, or Phoenix’s risk standards. Customer’s continued use of the Services after the effective date of an update constitutes acceptance of the updated AUP.