Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, website, and portal (collectively, the "Services") provided by Cosairus Payment Services LLC ("Cosairus," "we," "us," or "our"). By using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services. If you have questions, contact us at info@cosairuspay.com.

1. Eligibility and Account Registration

You must be at least 18 years old and have the legal authority to enter into these Terms. To access certain features, you must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.

2. Payment Processing Services

Cosairus Payment Services provides payment processing services through Elavon, Inc. (a wholly owned subsidiary of U.S. Bancorp). We are not a bank. Funds are held and transferred in accordance with Elavon's terms and your merchant agreement. Settlement times, reserves, and fees are as disclosed in your merchant agreement.

3. Acceptable Use

You agree not to use our Services to:

• Process payments for illegal goods or services, or in violation of card network rules.
• Engage in fraud, money laundering, or other unlawful activity.
• Transmit viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to our systems or other users' accounts.

4. Fees and Charges

Fees for our Services are set forth in your merchant agreement or applicable pricing schedule. You authorize us to deduct fees from settlement funds or charge your designated account. Failure to pay fees may result in suspension or termination of your account.

5. Intellectual Property

All content, software, and materials on our website and portal are owned by Cosairus Payment Services LLC or our licensors and are protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

6. Disclaimers and Limitation of Liability

Our Services are provided "as is" without warranties of any kind, express or implied. To the fullest extent permitted by law:

• We disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.
• We are not liable for indirect, incidental, special, consequential, or punitive damages.
• Our total liability arising out of or relating to these Terms or your use of the Services will not exceed the total fees you paid to us in the twelve (12) months preceding the claim.

7. Indemnification

You agree to indemnify and hold harmless Cosairus Payment Services LLC and our officers, directors, employees, and agents from any claims, damages, liabilities, and expenses arising out of your use of the Services, your breach of these Terms, or your violation of any law or third-party rights.

8. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including breach of these Terms. You may close your account by contacting us. Upon termination, your right to use the Services ceases immediately, but provisions related to payment, liability, and indemnification survive.

9. Arbitration and Class Action Waiver

Any dispute arising out of or relating to these Terms or our Services will be resolved through binding arbitration in Atlanta, Georgia, administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive any right to participate in a class action or class-wide arbitration. This arbitration agreement does not prevent you from filing a claim with a government agency.

10. Governing Law and Venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict of laws principles. Any legal action not subject to arbitration must be brought in the state or federal courts located in Fulton County, Georgia.

11. Changes to These Terms

We may modify these Terms from time to time. We will post the updated Terms on this page with a revised effective date. Material changes will be communicated to registered users via email or through the portal. Your continued use of the Services after changes constitutes acceptance.

12. Contact Us

Cosairus Payment Services LLC
3525 Piedmont Road NE, Building 8, Suite 400
Atlanta, GA 30305
info@cosairuspay.com
+1 (404) 348-0645