Terms of Service

Provider: BAXPAY SARL, RCS Lille Métropole 979 498 706, capital €7,500, registered office 679 Avenue de la République, 59800 Lille, France (“BaxPay”, “we”, “us”).

“Personal services” means consumer/personal BaxPay experiences. “Business services” means merchant and freelancer tools (dashboard, mobile, POS, SoftPOS, payment links, online shop, invoicing, settlements, team, integrations, APIs). “You” means the individual or legal entity using the services.

“Open beta” means early-access services that may evolve; features, limits, and pricing may change with notice as described below.

Partner terms (especially Stripe Connect, Terminal, Issuing, and Identity) may apply in addition to these Terms when you activate those features.

If you accept payments with BaxPay Business or Freelancer, the BaxPay Merchant Terms (baxpay.com/legal/merchant-terms) also apply to you. If they conflict with these Terms, the Merchant Terms prevail.

BaxPay provides software and related services for account management, payments acceptance, transfers (where enabled), card products (where enabled), biometric payment at participating terminals, merchant operations, and developer integrations.

BaxPay is building towards authorisation as a payment institution under French and EU law (ACPR supervision). Until full authorisation is granted, regulated payment activities are provided with licensed partners (today primarily Stripe for acquiring and related services) or under interim arrangements. We will not claim a licence or PCI certification we do not hold.

Banking rails such as dedicated IBANs, SEPA Instant, or Wero may be marketed as roadmap or gated capabilities; availability depends on partner go-live and your KYC tier. Features marked Preview Access or capability-gated may be limited by country, plan, or invitation.

Marketing pages describe capability in good faith; they are not a warranty that every feature is available to every user at every moment.

You must be legally capable of contracting and meet our eligibility and KYC/KYB requirements. We may refuse, suspend, or limit an account for law, risk policy, or these Terms.

You must provide accurate information and keep it updated. Safeguard credentials, devices, passkeys, and PINs. Report suspected unauthorised access to [email protected].

Business (company) accounts require valid company details, authorised representatives, and beneficial ownership information as required by AML rules.

Freelancer / sole-trader accounts are verified as individuals (or the applicable local sole-prop form) without inventing a corporate UBO board. Some Business features (for example certain team Issuing or salary-advance products) may be limited to incorporated businesses — the dashboard and plan pages control access.

Electronic payments are subject to Strong Customer Authentication (SCA) under PSD2 where applicable, using at least two factors (knowledge, possession, inherence).

A payment is authorised when you complete the authentication steps we present (or an applicable exemption applies). After authorisation and submission to networks or bank rails, you may not reverse the instruction except as provided by law or scheme rules (refunds, chargebacks, recalls).

You must not circumvent SCA, share authentication secrets, or enroll biometric data you are not entitled to use.

Fingerprint payment is optional and based on your explicit consent. Enrollment stores an ISO/IEC 19794-2 minutiae template, not a raw image, as described in the Privacy Policy.

You may withdraw biometric consent in the app; we delete templates as described in the Privacy Policy. Withdrawal does not cancel your account or other payment methods.

Biometric matching is probabilistic. You remain responsible for supervising terminals and for offering alternate payment methods where required.

Card acquiring, Terminal, and related services are provided with Stripe. By activating Business/Freelancer payments you agree to applicable Stripe Connected Account, Terminal, Services, and (where relevant) Issuing or Identity terms presented during onboarding or in the dashboard.

Stripe’s privacy and service documentation applies to data Stripe processes as an independent controller or as our/your processor depending on the product. Conflicts between Stripe’s merchant terms and these Terms for scheme compliance are resolved in favour of mandatory scheme/partner rules for that payment.

We may change acquiring partners with notice where required; continued use after notice may constitute acceptance of successor partner terms presented in-product.

For standard Connect direct charges, you (the merchant) are generally the merchant of record toward your customer. You are responsible for product/service delivery, consumer information, VAT display where required, refunds you owe, and chargebacks or disputes under card-scheme and banking rules.

Procedures for refunds and disputes are available in the Business dashboard. Fees, fines, and scheme assessments may be passed through as stated in your fee schedule.

You must not submit transactions you know or should know are fraudulent or illegal.

Stripe Connect payout schedules for BaxPay merchants are configured as manual where our controlled-settlements model applies. BaxPay calculates eligibility and may initiate payouts to your linked bank account on the cadence you select (or on demand), subject to available funds, policy delays, risk holds, and caps.

Funds on a Stripe connected account are not described here as safeguarded e-money or as an escrow account operated by BaxPay. They remain subject to Stripe, scheme, and legal constraints (including maximum time funds may remain on Connect in your region).

We may delay, split, or hold payouts for risk, disputes, refunds, AML, or legal reasons; Instant payouts may require higher trust levels and carry additional fees. We may set off amounts you owe us against amounts we owe you where permitted by law and your agreement.

Compliance reviews. When transaction monitoring or a legal obligation (including anti-money-laundering and counter-terrorist-financing rules, French Monetary and Financial Code Art. L561-1 et seq.) requires us to review activity on your account, we may (a) hold the payment or payments under review and (b) suspend all payouts from your account while the review is open. You can keep accepting payments during a review: other payments continue to clear on the normal schedule and are paid out once payouts resume. Held amounts are released when the review ends, unless a competent authority instructs otherwise or the law requires us to keep holding them. We aim to complete reviews promptly, and we may be unable to tell you the reason for a review where the law prohibits it.

If you, or a counterparty of a payment, match a sanctions or asset-freeze list, we must freeze the funds concerned and cannot process further transactions for that person until the competent authority allows it.

Settlement timing is not a guarantee of same-day bank credit; bank rails and holidays apply.

Tips collected through BaxPay POS or register tools are business-owned settlement proceeds of the merchant account unless a separate written agreement says otherwise.

Tip attribution to staff is a reporting aid for the merchant. BaxPay does not act as the employer’s payroll provider by default. Tax and social treatment of tips is the merchant’s responsibility; in-product defaults are not tax advice.

Use BaxPay only for lawful activity. Comply with consumer, tax, AML, and payments law applicable to you. Keep terminal and dashboard credentials confidential.

You are responsible for amounts charged, receipts, and customer-facing disclosures required of you as a merchant.

If you invite team members, you are responsible for their actions under your account, for assigning least-privilege roles, and for till PIN hygiene. Notify us if a staff member should lose access immediately.

Hardware orders (readers, kits, accessories) may be fulfilled by BaxPay and/or Stripe Hardware. Shipping, activation, and returns follow the checkout terms shown at purchase and any Stripe Reader / Terminal policies.

Stripe Terminal and Apps-on-Devices software run on certified devices; you must keep device software updated and not tamper with security mechanisms.

BaxPay POS diagnostics (Crashlytics / Performance; optional Analytics) are described in the Privacy Policy and POS Settings.

SoftPOS lets compatible phones accept contactless payments where Preview Access or your plan and country allow. Device OS, NFC, and regional certification requirements apply; we do not claim device certifications we have not been granted.

You must use SoftPOS only on devices you control, keep the OS updated, and not root/jailbreak devices used for acceptance.

Online shops and payment links are tools for you to sell. You are responsible for catalogue accuracy, prohibited goods/services, pricing, VAT, shipping, and consumer cancellation rights where applicable.

Do not use BaxPay shops or links for illegal content, IP infringement, or sanctioned parties. We may suspend links or shops that create legal or scheme risk.

E-invoicing features help you create and, where configured, exchange electronic invoices. You remain solely responsible for the tax and accounting correctness of invoices and for filings with tax authorities.

BaxPay is not your tax advisor or statutory auditor. Partner access-point or public-annuaire connectivity, when offered, depends on third parties and regulatory timelines (including French e-invoicing reform dates).

Connecting an ERP authorises BaxPay to exchange data with that system as configured. You must have rights to share that data. BaxPay is not liable for ERP downtime, data model mismatches, or actions taken inside the ERP.

API keys, OAuth tokens, and webhooks must be kept secret; you are responsible for rotations and for events caused by leaked credentials.

API access is subject to rate limits, livemode/testmode separation, and acceptable use. Do not attack, scrape abusively, or probe other merchants’ data.

Webhook endpoints you register must use HTTPS and validate signatures. You are responsible for replay handling on your side.

When Stripe Issuing / BaxPay expense cards are enabled for your account, cardholder and spend-control rules presented at issuance apply in addition to these Terms and Stripe Issuing terms.

You must only issue cards to eligible persons, set appropriate controls, and remain responsible for card spend under your programme.

Open-beta list prices appear on Business/Freelancer pricing pages or in the dashboard. Binding fees are those in your signed schedule or in-product acceptance — not marketing examples alone.

You are responsible for taxes on your sales; we are responsible for taxes on our fees income as applicable.

We aim for high availability but do not guarantee uninterrupted service during open beta. Maintenance and force majeure may affect access.

Support: [email protected]. Security issues: [email protected].

BaxPay marks include INPI deposit no. 4985966. You receive a limited, revocable, non-exclusive licence to use our interfaces solely to access the services.

You retain rights in your content; you grant us a licence to process it to provide the services and as described in the Privacy Policy. Stripe and other partner marks remain their property.

Nothing excludes liability that cannot be limited under applicable law (including fraud, or death/personal injury caused by negligence where prohibition applies).

Subject to the foregoing, to the maximum extent permitted by law: (a) we are not liable for indirect, consequential, or lost-profit damages; (b) our aggregate liability arising out of the services in any twelve-month period is limited to the greater of (i) fees you paid us for the services in that period and (ii) one hundred euros (€100), except where mandatory consumer law provides otherwise.

Partner rails (Stripe, banks, telecom SMS) have their own outages and rules; we are not liable for losses caused solely by partner failures beyond our reasonable control, without prejudice to mandatory law.

You are responsible for losses from compromised credentials where you failed to take reasonable care, except as PSD2 or other mandatory rules allocate liability for unauthorised payment transactions.

You may close your account through the product or by contacting support, subject to settling obligations and legal retention of certain records.

We may suspend or terminate immediately for fraud, legal risk, breach, or regulatory requirement. Where practicable and lawful, we will notify you.

Survival: fees owed, liability limits, IP, settlements set-off, governing law.

These Terms are governed by the laws of France, without prejudice to mandatory consumer protections of your country of residence in the EEA.

Courts of Lille (Tribunal judiciaire de Lille) have jurisdiction, subject to mandatory rules allowing consumers to sue in their place of residence.

Consumers may use the European ODR platform. When we appoint a payment mediator (médiateur) required for payment services, we will publish the entity’s contact details on baxpay.com/legal.

We may update these Terms for legal, security, or product reasons. We will post the new version with an updated date and, for material changes, give reasonable prior notice via the service or email where appropriate.

If you do not agree to material changes, stop using the services and close your account before they take effect. Continued use after the effective date constitutes acceptance, except where mandatory law requires a different mechanism.