Terms of Service

Last updated: March 2026

These Terms of Service ("Terms") constitute a binding legal agreement between you (referred to herein as "you," "your," or "User") and AsherPay, Inc ("AsherPay," "we," "us," or "our"). By accessing, registering for, or using any portion of the AsherPay platform, mobile application, website, or services (collectively, the "Services"), you agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, do not access or use our Services.

1. Eligibility

By accessing the Services, you represent and warrant that you are at least 18 years of age, possess full legal capacity to enter into a binding contract, and are not prohibited from accessing or using the Services under any applicable law or regulation. You further affirm that all information you provide to AsherPay is accurate, complete, and up to date.

2. Scope of Services

AsherPay provides a financial technology platform through which users may load funds into an AsherPay wallet using available credit from eligible credit cards and request disbursements to a verified bank account on file. Access to services is subject to verification, compliance review, risk monitoring, and program limits. Services are provided on an "as is" and "as available" basis.

2.1 Role of AsherPay

AsherPay acts solely as a technology provider and program manager that facilitates access to services made available by third-party financial institutions and service providers. AsherPay does not hold user funds, control transaction settlement, or exercise discretion over the approval, processing, timing, reversal, or completion of any transaction.

3. Account Registration and Security

In order to use our Services, you must register for an account, provide required personal and financial information, and undergo verification procedures in accordance with our compliance obligations, including Know Your Customer (KYC) and Anti-Money Laundering (AML) regulations.

You agree to keep your account credentials confidential and to notify us immediately in the event of any unauthorized access or use. You are solely responsible for all activities conducted under your account.

We reserve the right to suspend or terminate any account that provides false, incomplete, or outdated information, or that we reasonably suspect is engaged in fraudulent or unlawful activity.

4. Fees and Payments

AsherPay may charge service fees in connection with wallet loads, expedited processing, or other features of the Services. These fees are clearly disclosed to you at the time of transaction, via our Fee Schedule, or within the mobile web application.

By using the Services, you authorize AsherPay to charge your designated payment method for applicable fees and related charges. Failure to remit payment when due may result in account suspension, legal recovery efforts, and assessment of interest and penalties as permitted by law.

You are responsible for all taxes associated with your use of the Services, excluding taxes based on AsherPay's income.

4.3 Cardholder Agreement Responsibility

You acknowledge that your relationship with your card issuer, including all terms, rates, fees, and conditions, is governed exclusively by your cardholder agreement. AsherPay does not alter, override, or assume any obligations arising from that agreement. If your issuing bank reclassifies or re-categorizes a transaction, such determinations are solely between you and your card issuer. AsherPay has no authority over those decisions and is not responsible for any fees, penalties, interest, or adverse effects that may result.

5. License Grant and Use Restrictions

Subject to these Terms, AsherPay grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business use. You may not:

Any unauthorized use of the Services terminates the rights granted to you under these Terms and may result in legal action.

6. Intellectual Property

All content, graphics, user interface, visual interfaces, software, algorithms, and code contained in or made available through the Services, and all related rights, including trademarks, copyrights, and trade secrets, are the exclusive property of AsherPay or its licensors.

Except as expressly stated herein, no rights or licenses are granted to you under any intellectual property rights, whether by implication, estoppel, or otherwise. You agree not to use the AsherPay name, logo, or proprietary marks without prior written permission.

7. Privacy and Data Use

By using the Services, you acknowledge and agree that we will collect, store, and use your personal information in accordance with our Privacy Policy. You further consent to the use of data for lawful purposes, including compliance, fraud prevention, risk analysis, and regulatory reporting.

For more details on your rights and how your data is handled, refer to our full Privacy Policy.

8. Third-Party Services

The Services may incorporate or facilitate access to third-party platforms, such as payment processors, verification providers, or banking institutions. AsherPay is not responsible for the performance, privacy practices, or terms of service of third-party services. Your use of such services is at your own risk and subject to separate terms.

We disclaim any and all liability for content, functionality, or damage caused by or arising from third-party services. Your interactions with third-party providers, including card issuers and financial institutions, are governed by their respective terms of use and cardholder agreements. AsherPay does not participate in, control, or assume liability for the rates, fees, or reclassification of transactions imposed by your issuing bank. Any obligations or disputes arising from such matters remain strictly between you and your card issuer.

8.3 Transaction Processing Authority

AsherPay does not control or guarantee the approval, settlement, completion, or final disposition of any transaction. While AsherPay may, in limited circumstances, initiate a refund or reversal request through its payment gateway, all transaction execution, settlement, reversal approval, and funds movement are subject to the rules, controls, and final determination of third-party financial institutions and service providers. AsherPay is not responsible for any delay, rejection, or outcome resulting from such third-party decisions.

AsherPay is a financial technology platform and is not a bank. AsherPay provides software and payment facilitation services that allow users to access payment and money movement functionality through third-party regulated financial institutions.

9. Suspension and Termination

AsherPay reserves the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason including but not limited to: violation of these Terms, suspected fraud, breach of applicable law, or to protect the integrity of our platform.

Upon termination, your license to use the Services will be revoked, and any remaining funds or transactions may be subject to review. Termination does not relieve you of any obligations or liabilities accrued prior to such termination.

Account suspension or termination does not alter or reverse transactions already submitted for processing, except as permitted by applicable third-party providers.

9.3 Regulatory and Legal Cooperation

AsherPay may comply with lawful requests, inquiries, or directives from regulators, courts, card networks, or financial institutions without notice to you and without liability.

10. Disclaimers

The services are offered without any guarantees, either expressed or implied. AsherPay disclaims all warranties, including those related to merchantability, suitability for a specific purpose, non-infringement, availability, and reliability.

AsherPay does not guarantee that the services will be free from errors or interruptions. You acknowledge that your use of the Services involves risks and that AsherPay shall not be held responsible for the accuracy, timeliness, or completeness of any information or transactions facilitated by the Services.

AsherPay expressly disclaims responsibility for the classification or treatment of transactions by your card issuer. All determinations regarding whether a transaction constitutes a purchase, cash advance, or other category are made solely by your issuing bank in accordance with your cardholder agreement. AsherPay is not liable for, and does not indemnify you against, any fees, penalties, interest charges, or adverse consequences resulting from such classifications.

10.3 Assumptions of Risk

You assume all risks associated with your use of the Services, including decisions to access credit, the timing and amount of disbursements, cash-flow management, repayment obligations to your card issuer, and any financial consequences resulting from your use of funds.

10.4 Fiduciary or Advisory Relationship

AsherPay does not act as a fiduciary, financial advisor, lender, agent, or representative of any user. AsherPay does not provide financial, legal, or tax advice, and no such relationship is created through use of the Services.

11. Limitation of Liability

To the fullest extent allowed by law, AsherPay and its officers, directors, employees, or affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data, or business opportunities, resulting from your use of the Services.

Our total liability to you will not exceed the amount you paid to AsherPay for Services in the six months preceding the incident that led to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless AsherPay and its affiliates, officers, directors, employees, agents, and representatives from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorney's fees) arising out of or related to: (i) your use of the Services, (ii) your violation of these Terms or any law, regulation, or third-party rights, or (iii) your fraud, negligence, or willful misconduct.

13. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in Phoenix, Arizona. Judgment on the arbitration award may be entered in any court having jurisdiction.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

The provisions of this Section, together with Sections 10 (Disclaimers), 11 (Limitation of Liability), and 12 (Indemnification), shall survive termination of these Terms.

14. Modifications to Terms

AsherPay reserves the right to modify or update these Terms at any time. Material changes will be communicated via the Services or via email. Your continued use of the Services after such notice constitutes acceptance of the modified Terms. If you do not agree to the revised Terms, you must discontinue use of the Services immediately.

15. Contact Information

These Terms are incorporated by reference into, and shall be read together with, any End User Agreement, Data Sharing Disclosure, Fee Schedule, or other policies, disclosures, or agreements presented to you in connection with the Services, all of which collectively govern your relationship with AsherPay.

For questions, legal notices, or service of process, you may contact us as follows:

AsherPay, Inc.
Email: hello@asherpay.com