Terms of Service

Last updated: September 28, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SurcoPay ("Company," "we," "our," or "us") concerning your access to and use of the SurcoPay platform and services.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

2. Eligibility

To use SurcoPay, you must:

Be at least 18 years of age
Have the legal capacity to enter into binding contracts
Provide accurate and complete registration information
Comply with all applicable laws and regulations
Not be prohibited from using our services under applicable laws

3. Account Registration and Security

3.1 Account Creation

You must create an account to use our services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your account for violation of these Terms, fraudulent activity, excessive chargebacks, or legal requirement. Suspension stops new sales and disables your storefront immediately.

3.4 Deleting Your Account

You can delete your account yourself from the dashboard settings. Deletion deactivates the account immediately; for 30 days you can restore it by logging back in, after which your personal data is permanently deleted as described in our Privacy Policy. Transaction and tax records are retained as required for financial compliance.

4. Use of Services

4.1 Platform Services

SurcoPay provides a platform for selling digital products. We facilitate payment processing, file delivery, and transaction management but do not own, control, or endorse the products sold through our platform.

You are the seller of record. When a buyer purchases through SurcoPay, the sale is a contract between you and the buyer. You — not SurcoPay — are the merchant of record, and you are solely responsible for: the accuracy and legality of your product and its description; sales, VAT, and any other applicable taxes on your sales; refunds, chargebacks, and buyer disputes; product warranties and any consumer-law obligations that apply where your buyers are located; and compliance with the Stripe Services Agreement, which you accept when you connect your Stripe account. SurcoPay provides the checkout, the file delivery, and the tools; the business is yours.

4.2 Acceptable Use

You agree not to:

Use our services for any illegal or unauthorized purpose
Sell illegal, counterfeit, stolen, or fraudulent products
Infringe upon intellectual property rights of others
Transmit viruses, malware, or harmful code
Engage in fraudulent transactions or chargebacks
Harass, abuse, or harm other users
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the operation of our services

4.3 Prohibited Products

You may not list products or services that fall in any category listed on our Prohibited Products page. That policy incorporates Stripe's Prohibited and Restricted Businesses list and adds our own limits; it is part of these Terms by reference. If you're unsure whether your product is allowed, contact us at support@surcopay.com before listing it.

5. Payment Terms

5.1 Platform Fees

There is no monthly fee. To sell on SurcoPay you connect your own Stripe account; buyers pay you through your Stripe account, and Stripe pays out to your bank on your Stripe schedule. SurcoPay never holds anyone's money.

SurcoPay charges a commission on card sales, calculated on the product price only — never on sales tax you collect — collected as a Stripe application fee. The current rate is disclosed in your dashboard before any sale settles. Sales taken through PayPal and ATH Móvil currently carry no SurcoPay fee; those providers' own rates apply and go to them. When you refund a sale, SurcoPay returns its application fee proportionally. We may change fees with 30 days' notice; changes never apply retroactively to completed sales.

5.2 Payment Processing

All payments are processed through third-party payment providers. You must comply with their terms of service. We are not responsible for any fees, charges, or issues arising from payment provider services.

5.3 Refunds and Chargebacks

You are responsible for managing refunds to your customers. Excessive chargebacks may result in account suspension. Because SurcoPay never holds funds, we don't "hold funds" as an enforcement tool — we may instead suspend your storefront, disable new sales, or terminate your SurcoPay account. Stripe may independently take action on your Stripe account under its own agreement, which is outside SurcoPay's control.

5.4 Buyer's contract

When a buyer purchases through SurcoPay, the sale is a contract between the buyer and the seller. SurcoPay is not a party to that contract. Buyers in the European Union and United Kingdom expressly consent to immediate delivery of the digital product upon payment and acknowledge that this consent means the right to withdraw for change of mind under EU/UK distance-selling rules is lost once delivery has started. Refund and warranty claims are handled by the seller, subject to applicable consumer-protection law.

6. Intellectual Property

6.1 Your Content

You retain all rights to the digital products and content you upload. By using our services, you grant us a limited license to host, store, and deliver your content to facilitate sales.

6.2 Our Platform

The SurcoPay platform, including all software, code, designs, and trademarks, is our property and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of our platform.

6.3 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. Notices of alleged copyright infringement, counter-notices, our designated agent's contact details, and our repeat-infringer policy are set out on our Copyright Policy page, which forms part of these Terms.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURCOPAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claims arising from your use of our services shall not exceed the amount you paid to us in the 12 months preceding the claim.

8. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that our services will be uninterrupted, secure, or error-free. We do not warrant the quality, accuracy, or reliability of any products sold through our platform.

9. Indemnification

You agree to indemnify, defend, and hold harmless SurcoPay and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

10. Dispute Resolution

10.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@surcopay.com to attempt to resolve the dispute informally.

10.2 Governing Law

These Terms are governed by the laws of the Commonwealth of Puerto Rico and, where applicable, the federal laws of the United States, without regard to conflict-of-law rules. Any dispute that cannot be resolved informally shall be brought in the state or federal courts sitting in San Juan, Puerto Rico, and each party consents to the personal jurisdiction of those courts.

11. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which describes exactly what we collect — including our own cookieless analytics — and what we never do with it (sell it). By using our services, you consent to the collection and use of information as described there. Data about your buyers that we process on your behalf (emails, purchase records) belongs to your relationship with them; you are responsible for honoring their privacy requests, and we provide the tools to do so.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

13. Termination

Either party may terminate this agreement at any time:

You may close your account at any time from your dashboard
We may suspend or terminate your account for violation of these Terms
We may discontinue our services with 30 days' notice

Upon termination, access to the account ends and personal data follows the deletion process in our Privacy Policy (30-day restore window, then permanent deletion, with financial records retained as legally required). Sections of these Terms that by their nature should survive termination shall survive.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SurcoPay concerning your use of our services and supersede all prior agreements and understandings.

16. Contact Information

If you have questions about these Terms, please contact us:

[LEGAL COMPANY NAME] (doing business as SurcoPay)
[STREET ADDRESS]
[CITY], Puerto Rico [ZIP]
Email: support@surcopay.com
Legal notices: legal@surcopay.com