Merchant Terms of Service

Effective date: January 1, 2026  ·  Last updated: June 1, 2026

1. Acceptance of Terms

By accessing or using the SecondSwype platform ("Service"), you ("Merchant") agree to be bound by these Merchant Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that entity.

2. Description of Services

SecondSwype provides an AI-powered payment recovery platform that evaluates soft-declined transactions in real time, scores 200+ signals via the S2 Engine, and routes recovery attempts to the highest-confidence path. The Service operates on tokenized data and does not store raw Primary Account Numbers.

3. Merchant Obligations

• You must ensure your checkout integration routes declined transactions to SecondSwype via the documented API.
• You must maintain accurate account information and notify us promptly of any changes.
• You may not use the Service for any purpose that violates applicable law or card network rules.
• You are responsible for ensuring your use of the Service complies with your agreements with payment processors and card networks.

4. Fees and Settlement

Fees are charged on a success-share basis as set out in your Order Form. SecondSwype will issue invoices monthly. Settlement of recovered funds occurs according to your existing processor agreement. SecondSwype does not hold merchant funds.

5. Intellectual Property

SecondSwype retains all rights in the S2 Engine, routing models, and platform software. You retain ownership of your transaction data. You grant SecondSwype a limited license to process your transaction data solely to provide and improve the Service.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SECONDSWYPE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY MERCHANT IN THE THREE (3) MONTHS PRECEDING THE CLAIM. SECONDSWYPE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

7. Termination

Either party may terminate these Terms with 30 days written notice. SecondSwype may suspend or terminate immediately for breach of these Terms, non-payment, or conduct that poses a risk to the platform or other merchants.

8. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Disputes shall be resolved by binding arbitration under the AAA Commercial Arbitration Rules.

9. Changes to Terms

SecondSwype may update these Terms with 30 days notice. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

10. Contact

For questions about these Terms, contact legal@secondswype.com.