These Terms of Service ("Terms") govern your access to and use of the website and payments services provided by Bear Merchant ("Bear Merchant"). By using our services you agree to these Terms.
1. Acceptance of terms
By accessing the site or using the services, you agree to be bound by these Terms and any additional agreements referenced here, including any merchant services agreement executed during onboarding.
2. Eligibility & accounts
You must be a legally registered business and provide accurate information during onboarding. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
3. Payments services
Bear Merchant facilitates card, ACH, international and recurring payments through acquiring banks and card networks. Availability of specific services depends on underwriting, geography and applicable network rules.
4. Acceptable use
- You may not use the services for illegal, prohibited or restricted activities under applicable law or card-network rules.
- You must maintain compliance with PCI DSS and provide truthful information about your business and products.
- You may not attempt to circumvent risk, fraud or security controls.
5. Fees & settlement
Fees are set out in your pricing schedule. Settlement timing depends on your risk profile, acquirer and settlement configuration. Applicable taxes are your responsibility unless stated otherwise.
6. Reserves & chargebacks
We may require reserves to cover potential chargebacks, refunds or losses, on terms disclosed to you. You are responsible for chargebacks and related fees arising from your transactions.
7. Intellectual property
The site, platform, documentation and trademarks are owned by Bear Merchant or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the services as intended.
8. Disclaimers
The services are provided "as is" and "as available" without warranties of any kind to the fullest extent permitted by law, except as expressly stated in a signed agreement.
9. Limitation of liability
To the maximum extent permitted by law, Bear Merchant is not liable for indirect, incidental, special or consequential damages, and our aggregate liability is limited as set out in your services agreement.
10. Termination
Either party may terminate in accordance with the applicable services agreement. We may suspend or terminate access for violations of these Terms, legal requirements or unacceptable risk.
11. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, unless otherwise required by applicable law.
12. SMS messaging terms
Bear Merchant offers a text messaging program that sends recurring marketing and promotional messages, such as special offers, discounts and product updates, to people who have opted in.
- How you opt in: by checking the SMS consent box on a form on our website and submitting your mobile number. The box is never pre-checked, and consent is not a condition of purchase.
- Message frequency: Message frequency varies.
- Message and data rates: Message and data rates may apply.
- Opting out: Reply STOP to any message to cancel at any time. We will send one message confirming that you have been unsubscribed, and you will receive no further messages unless you opt in again.
- Help: Reply HELP to any message, or email support@bearmerchant.com.
- Carrier disclaimer: Mobile carriers are not liable for delayed or undelivered messages.
- Eligibility: You must be at least 18 years old and the account holder of the mobile number, or have the account holder's permission to enroll it.
- Privacy: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See the SMS / text messaging section of our Privacy Policy.
13. Contact us
Questions about these Terms? Email support@bearmerchant.com.