Effective date: May 2, 2026
Last updated: May 2, 2026
These Terms of Service ("Terms") govern your access to and use of the website at superiorpayments.com (the "Site"), the merchant portal at portal.superiorpayments.com, and any related services, products, applications, content, and tools made available by Superior Payments ("Superior Payments," "we", "us", or "our") (collectively, the "Services").
Please read these Terms carefully. They include important provisions affecting your legal rights, including a mandatory arbitration agreement and class action waiver in Section 18 (Dispute Resolution and Arbitration). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Acceptance of Terms
By accessing the Site, creating an account, or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity, and references to "you" in these Terms include that entity.
2. Definitions
- "Card Brand Rules" means the operating regulations and rules issued by Visa, Mastercard, American Express, Discover, and other card networks, as amended from time to time.
- "Cardholder Data" means information related to a payment card holder as defined under PCI DSS.
- "Chargeback" means the reversal of a payment card transaction initiated by an issuer or cardholder.
- "Merchant" means a business or person that uses the Services to accept payment card or other electronic transactions.
- "Merchant Services Agreement" means the separate agreement between Superior Payments (or a sponsor bank or acquirer) and a Merchant that governs merchant processing services.
- "PCI DSS" means the Payment Card Industry Data Security Standard.
- "Reserve" means funds held by Superior Payments or a sponsor bank to cover potential chargebacks, refunds, fees, fines, and other liabilities.
- "Superior AI" means our proprietary machine-learning and large-language-model technology used for fraud detection, cost optimization, and chargeback review.
3. Relationship to the Merchant Services Agreement
Use of the Services as a Merchant for live transaction processing is subject to a separate Merchant Services Agreement between you, Superior Payments, and (where applicable) a sponsor bank or acquirer. The Merchant Services Agreement may contain additional or different terms relating to processing, fees, reserves, chargebacks, and termination. In the event of a conflict between these Terms and an executed Merchant Services Agreement, the Merchant Services Agreement controls with respect to live processing matters.
4. Eligibility and Account Registration
The Services are intended for use by businesses and individuals who are at least 18 years old and legally capable of entering into a binding contract. To use certain Services, you must complete registration, provide accurate and complete information, complete identity verification, and (for Merchants) successfully complete underwriting. We may refuse registration, suspend, or terminate accounts at our sole discretion, including for failure to meet underwriting, compliance, sanctions, or risk requirements.
You are responsible for maintaining the confidentiality of your login credentials, multi-factor authentication factors, and account; for all activities that occur under your account; and for promptly notifying us of any unauthorized access. We are not liable for losses arising from your failure to safeguard your credentials.
5. Description of Services
Superior Payments offers a merchant processing gateway, ISO and merchant services (including merchant onboarding, reserve management, and chargeback support), B2B payment solutions, integrated fraud detection and risk management, and Superior AI capabilities including transaction-level scoring, predictive cost-savings analysis, and automatic chargeback review and representment support. The features, availability, and functionality of the Services may change over time.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in compliance with these Terms, all applicable laws and regulations, and the Card Brand Rules. You will not:
- use the Services to engage in fraud, money laundering, terrorist financing, sanctions evasion, or any other illegal activity;
- circumvent or attempt to circumvent security or authentication mechanisms, rate limits, or access controls;
- reverse engineer, decompile, or disassemble any part of the Services, except to the extent expressly permitted by law;
- introduce malicious code, conduct denial-of-service attacks, or interfere with the integrity, availability, or security of the Services;
- scrape, harvest, or otherwise extract data from the Services except through documented APIs and within published rate limits;
- use the Services to compete with Superior Payments, benchmark, or develop a competing product;
- resell, sublicense, or redistribute access to the Services without our prior written consent;
- misrepresent your identity, affiliation, or the nature of your business; or
- violate the rights of any third party, including intellectual property, privacy, or publicity rights.
7. Prohibited Businesses and Transactions
The Services may not be used for, and we may decline, terminate, suspend, or hold funds related to, businesses or transactions that we determine to be high-risk or prohibited, including but not limited to:
- businesses or transactions prohibited by the Card Brand Rules, federal or state law, or applicable sanctions programs (including OFAC-administered programs);
- unlawful gambling, illegal pharmaceuticals, illegal substances, or controlled goods;
- child sexual abuse material, illegal adult content, or content prohibited by law;
- shell entities, unlicensed money transmission, pyramid or Ponzi schemes, and unregistered investment activity;
- businesses identified by Superior Payments' underwriting, risk, or compliance teams as inconsistent with our risk appetite, sponsor bank requirements, or Card Brand Rules.
A complete list of restricted business categories is provided upon onboarding and may be updated from time to time.
8. Fees and Payment
Fees for the Services are set forth in your Merchant Services Agreement, applicable order form, schedule, or pricing addendum. Fees may include processing fees, gateway fees, monthly minimums, statement fees, chargeback fees, fines from card networks, and other fees as disclosed. Unless otherwise stated, fees are exclusive of taxes, which are your responsibility.
You authorize Superior Payments and its sponsor bank to debit and credit your designated bank account for amounts owed to you and amounts owed by you under the Services, including processing fees, chargebacks, refunds, fines, reserves, and other liabilities. We may set off amounts owed to you against amounts you owe us. You agree to maintain sufficient funds in your designated bank account to cover obligations under the Services.
Fees may change from time to time. We will provide notice of fee changes as required by your Merchant Services Agreement and applicable law. Your continued use of the Services after the effective date of a fee change constitutes acceptance of the new fees.
9. Reserves and Chargebacks
Superior Payments and its sponsor bank may establish, increase, maintain, or release Reserves at any time to cover potential liabilities, including chargebacks, refunds, fees, fines, and other obligations. Reserve structures and amounts are determined based on factors including processing volume, ticket size, MCC, chargeback history, financial health, and risk profile, and may be adjusted at any time in our reasonable discretion or as required by sponsor banks or card networks.
You are liable for all chargebacks, refunds, returns, and related fees and fines associated with transactions processed through your account. We may, but are not required to, contest chargebacks on your behalf using Superior AI's automatic representment workflows. Submission of representment evidence does not guarantee a successful outcome. You agree to cooperate fully in chargeback disputes, including providing requested documentation within applicable response windows.
10. Compliance with Laws and Card Brand Rules
You agree to comply with all applicable federal, state, and local laws and regulations and with all Card Brand Rules, including those relating to consumer protection, anti-money laundering, sanctions, taxation, privacy, and electronic fund transfers. You are solely responsible for the legality of your business, your goods and services, your contracts with cardholders and customers, and your tax obligations.
You agree to provide Superior Payments and its sponsor banks, acquirers, processors, and regulators with information and cooperation reasonably requested to demonstrate compliance, including in connection with audits, examinations, investigations, and risk reviews.
11. PCI DSS Compliance
You acknowledge that PCI DSS applies to any party that stores, processes, or transmits Cardholder Data. To the extent your integration causes you to handle Cardholder Data, you agree to maintain PCI DSS compliance at the level applicable to your transaction volume, complete required self-assessment questionnaires or audit reports, undergo network scans, and promptly remediate identified vulnerabilities. You agree to notify Superior Payments without undue delay of any actual or suspected security incident affecting Cardholder Data.
12. Confidentiality
In the course of using the Services, you may receive non-public information about Superior Payments, including pricing, technical details, product roadmaps, security practices, and Superior AI methodologies ("Confidential Information"). You agree to keep Confidential Information confidential, to use it only as necessary to use the Services, and not to disclose it to third parties without our prior written consent. This obligation survives termination of these Terms.
13. Intellectual Property
The Services, including all software, technology, content, text, graphics, logos, trademarks, designs, and Superior AI models, are owned by Superior Payments or its licensors and are protected by U.S. and international intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during the term of these Terms. All rights not expressly granted are reserved.
You retain ownership of the data and content you submit to the Services ("Customer Data"). You grant Superior Payments a worldwide, royalty-free, non-exclusive license to use, reproduce, process, modify, and transmit Customer Data as necessary to operate, secure, and improve the Services, comply with law, prevent fraud, and (in de-identified or aggregated form) to develop and improve Superior AI and other products.
You may submit feedback, comments, and suggestions about the Services ("Feedback"). You grant Superior Payments an unrestricted, perpetual, irrevocable, royalty-free license to use Feedback for any purpose without obligation or compensation to you.
14. Privacy
Our collection, use, and sharing of personal information is described in our Privacy Policy, which is incorporated into these Terms.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERIOR PAYMENTS DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUPERIOR PAYMENTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
SUPERIOR AI OUTPUTS, INCLUDING FRAUD SCORES, COST-SAVINGS RECOMMENDATIONS, AND CHARGEBACK WIN-RATE PREDICTIONS, ARE PROBABILISTIC AND PROVIDED FOR INFORMATIONAL AND DECISION-SUPPORT PURPOSES ONLY. YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS AND RESULTS, INCLUDING WHETHER TO ACCEPT, DECLINE, OR ACT ON ANY SUPERIOR AI OUTPUT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SUPERIOR PAYMENTS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) ANY LOSS OF PROFITS, REVENUES, GOODWILL, BUSINESS, DATA, OR OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUPERIOR PAYMENTS' TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO SUPERIOR PAYMENTS DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (II) ONE HUNDRED U.S. DOLLARS ($100.00).
The limitations in this Section apply regardless of the form of action and even if a remedy fails of its essential purpose. Some jurisdictions do not allow exclusion or limitation of certain damages; in such jurisdictions, the limitations apply to the fullest extent permitted by law.
17. Indemnification
You agree to defend, indemnify, and hold harmless Superior Payments, its affiliates, sponsor banks, acquirers, and their respective officers, directors, employees, and agents from and against any claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms or any applicable law, regulation, or Card Brand Rule; (c) your products, services, content, or transactions; (d) chargebacks, refunds, and fines associated with your transactions; (e) your Customer Data or Confidential Information; or (f) your negligence or willful misconduct. We may, at our option, assume control of the defense and settlement of any matter subject to indemnification, and you agree to cooperate reasonably in such defense.
18. Dispute Resolution and Arbitration
18.1 Informal resolution
Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to these Terms or the Services informally for at least sixty (60) days. Notice of dispute must be sent to legal@superiorpayments.com and to the address in Section 22.
18.2 Binding arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Consumer Arbitration Rules (where applicable). The arbitration will be conducted by a single arbitrator and held in Pinellas County, Florida, or via remote/virtual proceedings as the arbitrator may direct. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
18.3 Class action waiver
You and Superior Payments agree to bring claims against each other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this Section is found unenforceable, the entirety of Section 18 (Dispute Resolution and Arbitration) will be void.
18.4 Exceptions
Notwithstanding the foregoing, either party may bring an individual action in small claims court for qualifying claims and may seek injunctive or equitable relief in court to protect intellectual property rights or to enforce confidentiality obligations.
18.5 Opt-out
You may opt out of the arbitration provision in this Section by sending written notice of your decision to opt out to legal@superiorpayments.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.
19. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflicts-of-law principles, and by applicable federal law. Subject to Section 18 (Dispute Resolution and Arbitration), you and Superior Payments consent to the exclusive jurisdiction of the state and federal courts located in Pinellas County, Florida for any matters not subject to arbitration.
20. Term and Termination
These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including violation of these Terms, sponsor bank or card network direction, regulatory or compliance requirements, fraud or security concerns, or non-payment. You may terminate your account at any time by contacting us, subject to any outstanding obligations under your Merchant Services Agreement.
Upon termination, your right to access and use the Services ceases immediately. Sections that by their nature should survive termination (including Sections 8, 9, 12, 13, 15, 16, 17, 18, 19, and 22) will survive.
21. Changes to These Terms
We may modify these Terms at any time by posting a revised version with an updated effective date. Material changes will be communicated as required by law (for example, by email or by posting a notice in the merchant portal). Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Services.
22. Miscellaneous
22.1 Entire agreement
These Terms, together with the Privacy Policy and any executed Merchant Services Agreement, order forms, or addenda, constitute the entire agreement between you and Superior Payments with respect to the Services and supersede all prior or contemporaneous agreements, communications, and proposals.
22.2 Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
22.3 No waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or our right to enforce it later.
22.4 Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets without notice to you.
22.5 Force majeure
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, government actions, network failures, or third-party service-provider outages.
22.6 Notices
We may provide notices to you by email, through the merchant portal, or by posting on the Site. Notices to Superior Payments must be sent in writing to:
Superior Payments
Attn: Legal
1901 Ulmerton Rd Suite 625 PMB1046
Clearwater, FL 33762
Email: legal@superiorpayments.com
22.7 No agency
These Terms do not create any agency, partnership, joint venture, or employment relationship between the parties.
23. Contact
For questions about these Terms, contact us at:
Superior Payments
1901 Ulmerton Rd Suite 625 PMB1046
Clearwater, FL 33762
Email: legal@superiorpayments.com
Phone: 727-263-1891