Payor Terms of Use

These Payor Terms of Use ("Terms") apply when you use a Pay Theory checkout, payment page, invoice or payment link (the "Checkout") to pay a business, school, government agency or other organization (a "Merchant"). By submitting a payment through the Checkout, you agree to these Terms. If you do not agree, do not use the Checkout.

1. Who we are and what we do

Pay Theory, Inc. ("Pay Theory," "we," "us") provides payment technology that lets Merchants accept payments. When you pay through the Checkout, you are paying the Merchant, not Pay Theory. Pay Theory is not the seller of any goods or services, is not a bank, and does not hold your money on your behalf. Payments are processed through licensed payment processors and their sponsor banks.

2. Your purchase is between you and the Merchant

The Merchant is responsible for the goods, services, fees, tuition, taxes or other amounts you are paying for, including their price, delivery, quality and cancellation. The Merchant sets its own refund and return policy. Where a Merchant provides one, it is shown in the Checkout before you pay. Questions about your purchase, refunds or cancellations should go to the Merchant first.

3. Using the Checkout

When you use the Checkout, you agree that:

• the information you provide is accurate and complete;
• you are the owner of the card or bank account you use, or you are authorized by the owner to use it;
• you are old enough to enter into a binding agreement where you live; and
• you will not use the Checkout for any unlawful, fraudulent or unauthorized purpose, and you will not enter health or medical information in payment notes, descriptions or custom fields.

4. Payment methods

• Cards. Card payments are authorized and settled through the card networks under their rules. A payment is complete only when it is authorized. A payment may be declined by your card issuer, the processor or our fraud controls.
• US bank accounts (ACH). When you pay from a US bank account, you also agree to the ACH Debit Authorization.
• Canadian bank accounts (PAD). When you pay from a Canadian bank account, you also agree to the Pre-Authorized Debit Agreement.
• Cash. Where a Merchant offers cash payment at participating retail locations, your payment is credited to the Merchant once the retail location accepts it. Keep your receipt.

5. Fees and receipts

Any fee charged in addition to the amount owed to the Merchant, such as a service or convenience fee, is shown in the Checkout before you confirm your payment. After a successful payment, you will receive a confirmation on screen and, if you provide an email address, a receipt by email.

6. Security

The Checkout encrypts your payment information in transit using Transport Layer Security (TLS). Pay Theory encrypts and tokenizes card and bank account numbers, and Merchants receive a token, not your full number. Our certifications and security practices are described on our Security page. No online system is completely secure, so protect your devices and report anything suspicious to us right away.

7. Questions, errors and disputes

• About your purchase: contact the Merchant.
• An unauthorized or incorrect charge: contact the Merchant and your card issuer or bank. You may have dispute, chargeback or error-resolution rights under card network rules, the US Electronic Fund Transfer Act and Regulation E, the Payments Canada rules, or other law. These Terms do not limit those rights.
• About the Checkout itself: email support@paytheory.com.

8. Privacy

Our Privacy Policy explains how we collect, use and share your information when you use the Checkout.

9. Prohibited conduct

You may not use the Checkout to make a payment you know is fraudulent, use another person's payment information without permission, test stolen card numbers, interfere with or reverse engineer the Checkout, or break any law.

10. Disclaimers and limitation of liability

To the fullest extent permitted by law, the Checkout is provided "as is" and "as available." Pay Theory is not responsible for a Merchant's goods, services, pricing or refund decisions. To the fullest extent permitted by law, Pay Theory is not liable for indirect, incidental, special or consequential damages arising from your use of the Checkout. Nothing in these Terms limits any right you have that cannot be limited by contract, including your rights under consumer protection, card network or electronic funds transfer rules.

11. Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict of law rules. If you live in Canada or another jurisdiction whose consumer protection laws give you rights that cannot be waived, those laws also apply and nothing in these Terms limits them.

12. Changes to these Terms

We may update these Terms from time to time. The version posted on the date of your payment applies to that payment.

13. Contact us

Pay Theory, Inc., 10549 Reading Road, Cincinnati, Ohio 45241 · support@paytheory.com