Terms of Use – XPAYE

These Terms of Use (ToU) govern access to and use of the XPAYE platform.

XPAYE is an African payment orchestration and processing infrastructure enabling merchants to accept electronic payments through licensed financial partners.

XPAYE is operated by:

• Paiement Pro SA (Côte d'Ivoire) for payment processing and redistribution services in Africa;
• Entities of the Amira Global Technologies group, depending on the jurisdictions concerned, notably for international card acquisition activities.

The applicable contracting entity depends on the service used and the merchant's location.

XPAYE does not act as an acquiring bank or financial institution for card acquisition services, which are provided by licensed partners.

Access to XPAYE services is restricted to:

• Adults (minimum 18 years) in accordance with applicable legislation;
• Legal representatives of duly registered entities.

Creating a merchant account requires providing accurate and complete information.

XPAYE acts as an orchestration and technical coordination platform.

In this capacity:

• XPAYE facilitates the transmission of transactions to acquiring partners;
• XPAYE does not sell the goods or services offered by merchants;
• XPAYE does not guarantee the products or services marketed;
• XPAYE is not responsible for the merchant's commercial obligations.

Merchants remain solely responsible for:

• The goods or services offered;
• Commercial information provided;
• Compliance with applicable laws;
• Compliance with age restrictions;
• Holding the licences required for regulated activities.

Merchants must provide clearly and accessibly before any transaction is validated:

• Essential characteristics of the goods or services;
• Applicable prices and fees, including delivery fees;
• Estimated delivery or execution times;
• Geographical or technical restrictions;
• Conditions applicable to subscriptions, where applicable.

XPAYE may suspend any account that does not comply with these obligations.

Merchants operating in regulated sectors undertake to:

• Hold the necessary authorisations;
• Comply with age restrictions;
• Comply with local and international laws.

XPAYE reserves the right to apply enhanced controls.

Disputes relating to goods or services are handled between the end customer and the merchant.

In the event of a bank chargeback:

• The procedure is governed by card network and acquiring partner rules;
• The merchant remains responsible for justifying transactions;
• Disputed amounts and associated fees may be deducted from their funds.

XPAYE acts as a technical coordinator without substituting for the merchant's obligations.

XPAYE may suspend or close an account in the event of:

• Violation of these Terms of Use;
• Fraudulent activity;
• Regulatory non-compliance;
• Excessive chargeback rate.

In the event of closure, XPAYE may process refunds for pending transactions to protect end customers and ensure compliance.

Personal data is processed in accordance with XPAYE's Privacy Policy.

Card payments are processed via certified partners.

XPAYE does not store complete bank card data.

XPAYE shall not be held liable for:

• The content, quality, legality or compliance of the goods or services offered by merchants;
• Decisions, suspensions or refusals made by financial partners, acquiring institutions or payment service providers;
• Service interruptions resulting from events beyond its control, including technical incidents, network failures or partner maintenance;
• Commercial losses, loss of revenue, loss of opportunities or indirect damage suffered by merchants or users.

XPAYE's liability is limited to the obligations strictly provided for by applicable regulations and shall not exceed, where applicable, the amounts of commissions received for the transactions concerned over a given period.

XPAYE reserves the right to modify these Terms of Use to comply with regulatory developments or the requirements of its financial partners.