Granum Merchant Terms and Conditions
These Merchant Terms and Conditions (the “Agreement”) are a legal contract between you (the “Merchant”, also referred to as “you” or “your”) and Granum, LLC (formerly SingleOps, LLC) (“Granum,” also referred to as “we”, “us” or “our”). This Agreement governs your use of Granum’s payment processing services (the “Services”) and is effective when you agree to these terms or first use the Services.
By clicking “I Agree” (or similar), signing up for or using the Services, or otherwise agreeing to this Agreement, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree, you may not use the Services.
Please note that this Agreement is separate from any other agreement you may have with Granum for non‑payment software or platform services. For example, your use of Granum’s general software platform or other SaaS offerings (if any) remains governed by your existing software services, subscription or other agreement with Granum. This Agreement solely covers the payment processing Services described herein. In the event of any conflict between this Agreement and any other terms with Granum, this Agreement will govern with respect to the payment processing Services.
1. Definitions. For the purposes of this Agreement:
a. “Chargeback” means a challenge to a payment by a Customer or the Customer’s bank/card issuer, resulting in a reversal of the payment amount (and possibly fees).
b. “Customer” means a person or entity who purchases your goods or services and from whom you accept payment through the Services.
c. “Network Rules” means the rules and guidelines of payment networks/associations (e.g., Visa, MasterCard, American Express, Discover, NACHA) applicable to your acceptance of payments.
d. “Payment Method” means a method of payment accepted by the Services, such as credit card, debit card, ACH or bank transfer, electronic wallet, or other supported payment form.
e. “Payout” means the payment of funds owed to you from processed Transactions, paid to your designated account after processing.
f. “Processor” means any third‑party payment processor, acquiring bank, financial institution, or payment services provider that Granum utilizes to process transactions on your behalf.
g. “Prohibited Business” means any category of business or activity that Granum or its Processors prohibit from using the Services, as identified by Granum from time to time.
h. “Reserve” means an amount of your funds Granum elects to hold to cover potential future Chargebacks, refunds, or other liabilities.
i. “Services” means Granum’s payment processing and related services that enable you to accept payments from your customers (including card payments, bank transfers, or other payment methods) through the Granum platform, including associated software, APIs, websites, and support.
j. “Transaction” means a payment authorization or charge initiated by a Customer for the purchase of your goods or services through the Services.
2. Services and Role of Granum
Our Role. Granum provides a software platform that enables you to accept payments from Customers. Granum facilitates payment transactions between you and your Customers by providing technical integration to Processors and financial partners. We are not a bank or money transmitter; we do not take possession of your funds in the flow of a transaction. When a Customer pays you using the Services, funds are processed by our Processor and related banking partners, and net amounts (after fees and other permitted deductions) are settled to your account. By using the Services, you appoint Granum as your limited agent for the sole purpose of communicating and managing payment instructions to the Processor and related institutions.
Underlying Transactions. You are solely responsible for the nature, quality, and delivery of the products or services you provide to Customers and for fulfilling all obligations to Customers. Customers’ payments processed through our Services are transactions solely between you and your Customer. Granum does not provide warranties for your products or services and is not responsible for any obligations you owe to Customers.
Third‑Party Service Providers. Granum may utilize third‑party service providers, Processors, financial institutions, or other partners to perform some or all payment processing functions. Granum may change or add processing partners at its discretion. You agree to comply with applicable laws, Network Rules, and any terms required by those partners as communicated to you.
No Endorsement; Independent Contractors. Using the Services does not imply that Granum endorses or guarantees your business, goods, or services. You shall not state or imply any such endorsement. Granum and Merchant are independent parties. Nothing in this Agreement creates a partnership, joint venture, employer‑employee, or franchise relationship. Granum is not a fiduciary, trustee, or escrow holder with respect to your funds.
3. Onboarding and Eligibility
Eligibility Requirements. To use the Services, you must: (a) operate a lawful business in a supported jurisdiction; (b) not engage in a Prohibited Business; (c) have capacity and authority to enter this Agreement; and (d) provide all information and documentation required for KYC and underwriting. You represent and warrant that all information provided is truthful, current, and complete.
Identity Verification and Underwriting. You authorize Granum, Processors and other partners and providers to perform due diligence and screening, including verification of beneficial owners, credit checks, sanctions screening, and risk assessment. Granum may deny, condition, suspend, or terminate Services, or impose Reserves, limits, or other controls at any time in its discretion.
Account Setup. You must connect a valid deposit bank account in your name for Payouts and maintain secure login credentials. You are responsible for maintaining account security and notifying Granum immediately of any unauthorized access or security incident.
Additional Agreements. You may be required to accept separate terms from our Processor or other parties during onboarding. This Agreement is between you and Granum; it does not relieve you of obligations you owe to the Processor or networks.
Changes in Your Business. You must promptly update Granum regarding material changes (ownership, business model, legal name, address, insolvency). Granum may reassess eligibility and risk at any time.
Legal Compliance. You are responsible for compliance with all laws and regulations applicable to your business and use of the Services, including tax, consumer protection, privacy/data protection, AML/CTF, and any industry‑specific requirements.
Business Use. You acknowledge the Services are for business use; consumer protections may not apply.
4. Merchant Representations and Warranties. You represent, warrant and covenant on a continuing basis that:
Legality of Business. You operate a bona fide, lawful business and will use the Services solely for legitimate transactions with your Customers.
Prohibited Activities. You are not engaged in any Prohibited Business or activities that violate Network Rules. Regulated or high‑risk activities must be disclosed to Granum and approved in advance.
Accuracy of Information. All information you provide is true, accurate, and complete; you will promptly update it as needed. You will not impersonate another business or misrepresent the nature of your transactions.
Authority. If you accept this Agreement on behalf of an entity, you have authority to bind it; the entity is duly organized and authorized to enter this Agreement.
Compliance with Laws and Network Rules. You will comply with all applicable laws and Network Rules (e.g., card acceptance practices, receipts, refunds/cancellations, and PCI obligations). You are liable for any network fines arising from your conduct.
No Payment Facilitation. You will only process transactions for your own goods/services and will not act as a payment intermediary or allow others to use your account.
Customer Relationships. You are solely responsible for your relationships with Customers, including complaints, warranties, returns, and service obligations.
No Harmful Use. You will not misuse the Services, introduce malware, probe or circumvent security, overload systems, or engage in fraudulent activity.
Financial Solvency. You are not insolvent and can pay debts as they come due; you will notify Granum of insolvency events.
Ongoing Nature. These warranties are deemed reaffirmed each time you process a Transaction.
5. Use of the Services and Restrictions
Proper Use. You may only use the Services only for legitimate transactions, in accordance with Granum’s documentation. You are responsible for secure configuration and appropriate use.
Illegal Transactions and Fraud. You may not use the Services for any illegal, fraudulent, or prohibited activity. If you violate the foregoing, Granum may suspend or terminate you access and use of the Services and may report suspected illicit activity to authorities.
Card Network Requirements. If you accept cards, you must follow card Network Rules, including honoring valid cards, proper display of marks, providing receipts, maintaining a fair refund/cancellation policy, complying with any surcharge rules, cooperating in network audits, and securing cardholder data. Any surcharges or convenience fees must comply with applicable law and Network Rules (and are prohibited where not permitted).
Prohibited Uses. You will not process transactions involving IP infringement, illegal gambling, prohibited weapon or controlled items sales, debt repayment transactions that violate Network Rules, payment laundering/factoring, or transactions you know, suspect or should know are unauthorized.
Timing of Charges. You may only charge Customers when goods or services are provided or will be provided as agreed, and you must disclose all deposits and prepayments clearly to Customers. You bear the risk of Chargebacks, including, without limitation, for non‑delivery or quality disputes.
Use of Granum Platform Only. You must submit transactions through the Granum platform and may not circumvent the Service.
Geographic/Use Limits. You must abide by any geographic, method‑specific or other limits communicated by Granum.
Reservation of Rights. Granum may refuse, reverse, or delay any Transaction or Payout that violates this Agreement, appears suspicious, or poses unacceptable risk. Granum is not liable for declines, reversals, or delays undertaken in accordance with this Agreement.
6. Reserves and Risk Mitigation
Risk Monitoring. Granum may monitor transactions for risk, fraud, and abuse and may implement risk controls.
Reserve. Granum may require a Reserve at any time. A Reserve may be a fixed amount, rolling percentage, time‑based holdback, or combination, determined by Granum’s risk assessment. Granum will notify you of any Reserve and may adjust its amount or duration. Funds in Reserve may be used to cover amounts you owe (Chargebacks, refunds, fees, fines). Remaining Reserve funds will be released when risk subsides, in Granum’s sole discretion, or after termination once liabilities are resolved.
Delays or Suspensions of Payouts. Granum may delay or suspend Payouts in its discretion (e.g., pending review, verification, suspicion of fraud, legal requirements), including while Granum or its Processor investigates unusual activity or potential non‑compliance. Granum is not liable for reasonable delays consistent with this Agreement.
Security Interest. To the extent allowed by law, you grant Granum a security interest in and lien on all funds processed and held for your benefit, including any Reserve, as collateral for amounts you owe. You will execute documents and take actions needed to perfect/enforce this interest upon Granum’s request.
Set‑Off and Debit Authorization. Granum may set off any amounts you owe against any Payouts or other amounts we hold. If insufficient, you authorize Granum to debit any bank account you provide for amounts owed (fees, Chargebacks, negative balances, Reserve replenishment). Multiple attempts may be made if an ACH debit fails. You are responsible for bank fees arising from such debits. You are liable for Granum’s reasonable costs of collection, including attorneys’ fees, where permitted by law. You authorize Granum and its agents to initiate ACH debits and credits to any bank account you provide for amounts you owe under this Agreement, including variable amounts. You may revoke this authorization by providing at least 3 business days’ written notice before the next debit.
Financial Information and Audit Rights. Upon request, you will provide financial statements and other information, permit reasonable inspections, and cooperate with audits required by Granum, its partners, or networks.
Insurance. You are encouraged to maintain appropriate business insurance. Granum may request proof of specific coverage for higher‑risk categories.
Services Fees. You agree to pay the applicable fees communicated by Granum (processing fees, monthly fees if any, Chargeback fees, and other applicable charges). Granum or the Processor may deduct fees and other amounts owed from Transaction proceeds before Payout. Negative balances must be repaid immediately; Granum may use set‑off or bank debits.
Changes to Fees. Granum may change fees with advance notice (generally 30 days unless shorter is required due to third‑party or legal changes). Continued use constitutes acceptance; you may terminate before changes take effect. Chargeback fees, NSF fees, and any pass‑through network or regulatory fees may apply as communicated. Original processing fees are typically not returned upon refunds.
Taxes. Fees are exclusive of taxes. You are responsible for taxes on your sales. Granum is not responsible for determining, collecting, or remitting your taxes unless required by law and agreed in writing.
Billing and Settlement Errors. You must notify Granum of fee or settlement discrepancies within 30 days or you waive related disputes to the extent permitted by law.
8. Settlement and Payouts
Settlement. After processing and clearance, Granum (via the Processor) will settle funds to your designated account on a communicated schedule, minus fees and permitted deductions. Settlement is subject to delays described in this Agreement.
Merchant Bank Account. You must maintain a valid checking account for Payouts and authorize credits and debits to that account. You must keep banking details current. Granum is not responsible for misdirected payments caused by incorrect information.
Reporting. Granum will provide access to transaction and Payout reports. You are responsible for reconciliation and timely notice of discrepancies.
Operational Holdbacks. Granum may hold recent funds briefly for normal operational reasons (e.g., confirming voids/adjustments) before including them in Payouts.
Currencies. If multi‑currency settlement is supported and chosen, currency conversion and applicable fees may apply. You bear all exchange risk.
Negative Balances. Negative balances may be carried forward, offset against future proceeds, or debited from your bank account.
Corrections. Granum may correct Payout errors by debiting or netting amounts. You agree to return or allow reversal of funds paid in error. Erroneous credits may be reversed without prior notice, to the extent permitted by law.
Unclaimed Funds. Unclaimed funds will be handled per applicable unclaimed property laws.
9. Chargebacks and Refunds
Responsibility. You are responsible for handling Customer disputes, returns, and refunds. If a Chargeback occurs, you are liable for the full transaction amount and any applicable fee, regardless of outcome.
Process. Granum or the Processor will notify you of Chargebacks and may request documentation. You must cooperate promptly. Outcomes may be determined by issuers or Networks and are not guaranteed.
Immediate Liability. Upon receipt of a Chargeback, Granum may deduct the amount and fee from balances or Payouts. If funds are insufficient, you must promptly fund the shortfall.
Excessive Chargebacks. Excessive Chargebacks may result in Reserves, delayed Payouts, remediation requirements, fines passed through to you, or termination.
Fraud/Unauthorized Transactions. You are responsible for losses from fraudulent and unauthorized transactions. Granum recommends you implement fraud‑prevention measures.
Refunds and Adjustments. You must maintain a fair refund policy and honor it. All refunds should be processed through the Services. In such events, original processing fees are typically not returned. High refund rates may be treated as elevated risk.
ACH Returns and Cancellations. ACH returns may offer limited recourse. You must follow platform procedures for voids and cancellations where available.
Reserve and Recovery. Granum may use Reserves or available funds to cover Chargebacks and related fees. You must pay any remaining amounts.
10. Security and Compliance
Merchant Data Security. You must implement appropriate security to protect Customer data. If you handle cardholder data, you must comply with PCI‑DSS and provide proof of compliance upon request. You must maintain credential confidentiality and notify Granum immediately of any security incident.
Granum Security. Granum maintains commercially reasonable safeguards for the Services, provided you acknowledge that absolute security cannot be guaranteed.
Privacy and Data Use. Each party will comply with applicable privacy laws. Granum’s Privacy Policy explains its practices. Granum may share information with processors, banks, or authorities as necessary to provide Services or comply with law. You will provide required notices and consents to Customers for your processing activities.
Network/NACHA Compliance. You must comply with card network and NACHA rules, including obtaining and retaining proper authorizations and providing required notices for recurring or variable payments. You are responsible for any assessments, fines, penalties, or other amounts imposed by payment networks, acquirers, or processors arising from your use of the Services. Granum may deduct or debit such amounts from Settlement or your bank account.
Incident Response. Each party will promptly notify the other of confirmed or reasonably suspect data breaches involving the Services and cooperate in investigations and remediation.
Audits. You agree to reasonable audits and to provide evidence of compliance upon request by Granum, its partners, or networks.
Cooperation with Authorities. Granum may share information and cooperate with regulators or law enforcement. You agree to cooperate as appropriate.
11. Suspension and Termination
Term; Termination. This Agreement begins upon acceptance and continues until terminated. Either party may terminate at any time with or without cause by notice. Granum may suspend this Agreement or the Services at any time in its discretion, including for breach of this Agreement, violation of law or Network Rules, risk concerns, inactivity, third‑party direction, non‑payment, or failure to provide requested information within the time specified by Granum.
Notice. Granum will endeavor to provide notice and guidance where practicable. During suspension, you may not process transactions and Payouts may be held. Granum is not liable for losses from suspension or termination consistent with this Agreement.
Effect of Termination. Upon termination, you must stop using the Services. Granum will determine final balances and issue a final Payout minus Reserves and amounts owed. Granum may hold a Reserve for a reasonable period to cover post‑termination liabilities. Records will be retained as required by law. Notwithstanding termination hereof, all provisions herein which by their nature should survive such termination shall remain in full force and effect.
Reactivation. If Granum terminates this Agreement or your use of the Services, you may not re‑register for the Services without Granum’s written consent.
Right to Refuse Service. Granum may refuse service to any applicant in its discretion, consistent with law.
Other Agreements. Termination of this Agreement does not automatically terminate separate software or other service agreements, and vice versa, unless stated.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GRANUM DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET OUT HEREIN, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. Granum does not guarantee specific settlement timing; banking/system delays may occur. Granum does not warrant your products/services or represent to Customers that it has endorsed them. Granum does not warrant that your use of the Services will ensure compliance with laws applicable to you. Any beta features are provided without warranties. Granum does not warrant against loss or corruption of data. Granum is not responsible for third‑party services or failures. To the extent certain disclaimers are not permitted by law, they are limited to the minimum extent required.
13. Limitations of Liability; Indemnification
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRANUM WILL NOT BE LIABLE FOR: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA; OR (II) ANY AMOUNT EXCEEDING THE GREATER OF (1) THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY GRANUM FROM YOU UNDER THIS AGREEMENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (2) FIVE HUNDRED DOLLARS ($500). Nothing limits liability that cannot be limited by law, including gross negligence, willful misconduct, fraud, or personal injury caused by negligence, to the extent such limits are prohibited. Granum is not liable for acts or omissions of banks, networks, processors, or other third parties in the payment ecosystem.
Indemnity. You will indemnify, defend, and hold harmless Granum and its affiliates, and their officers, directors, employees, and agents from and against third‑party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of: (i) your breach of this Agreement or inaccurate representations; (ii) your violation of law or third‑party rights; (iii) transactions submitted by you (including the quality, legality, or delivery of your goods/services); (iv) your gross negligence or willful misconduct; or (v) data breaches or security incidents in your systems.
Application to Affiliates and Agents. The disclaimers and limitations in this Agreement shall apply not only to Granum, but also for the benefit of its affiliated companies, vendors, service providers, and partners, to the extent those entities would have liability to you arising out of the Services. They have the right to enforce these provisions as third-party beneficiaries. However, this Agreement does not create any rights or causes of action for any party other than you and Granum.
Definition. “Confidential Information” means any non-public information disclosed by one party (the “Discloser”) to the other party (the “Recipient”) in connection with this Agreement that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes business, technical, financial, product, customer, and security information; the terms and pricing of this Agreement; and any non-public documentation, reports, notices, and communications relating to the Services.
Use and Protection. The Recipient will: (a) use the Discloser’s Confidential Information only as reasonably necessary to perform its obligations or exercise its rights under this Agreement; (b) protect the Discloser’s Confidential Information with at least the same degree of care it uses to protect its own confidential information of like kind, and no less than reasonable care; and (c) not disclose the Discloser’s Confidential Information to any third party except as expressly permitted in this Section.
Permitted Disclosures. The Recipient may disclose Confidential Information to its and its affiliates’ employees, officers, directors, professional advisers, auditors, contractors, and service providers (including Payment Processors and other vendors engaged to support the Services) who have a need to know the information for the purposes of this Agreement and who are bound by confidentiality obligations no less protective than those in this Section. The Recipient remains responsible for any breach of this Section by any person or entity to whom it discloses Confidential Information.
Compelled Disclosure. If the Recipient is required by law, regulation, court order, subpoena, or request of a governmental or regulatory authority to disclose the Discloser’s Confidential Information, the Recipient may do so, provided that (to the extent legally permitted) it gives the Discloser prompt notice and reasonably cooperates, at the Discloser’s expense, in seeking a protective order or other appropriate remedy. Any disclosure will be limited to the minimum amount of Confidential Information required to comply with the request.
Return or Destruction. Upon the Discloser’s written request or upon termination of this Agreement, the Recipient will promptly return or destroy the Discloser’s Confidential Information in its possession or control, except that the Recipient may retain copies as required by law, regulation, bona fide internal compliance policies, routine backup and archival practices, or to administer any surviving rights or obligations. Any retained Confidential Information remains subject to this Section until destroyed.
Injunctive Relief. The parties acknowledge that unauthorized use or disclosure of Confidential Information may cause irreparable harm for which monetary damages would be an inadequate remedy. The Discloser is entitled to seek equitable relief (including temporary, preliminary, and permanent injunctive relief) without posting bond or proving actual damages, in addition to any other remedies available at law or in equity.
Survival. With respect to trade secrets, the obligations in this Section survive for so long as the information remains a trade secret under applicable law. For all other Confidential Information, the obligations survive for three (3) years after termination of this Agreement.
15. Governing Law; Jurisdiction
Governing Law; Venue. This Agreement is governed by the laws of the State of Georgia, U.S.A., excluding its conflict‑of‑laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. This governing law applies regardless of where you reside or where the transaction is consummated, to the fullest extent allowed. For U.S. Merchants, exclusive jurisdiction and venue lie in the state or federal courts located in Atlanta, Georgia, and you consent to personal jurisdiction there. Emergency injunctive relief may be sought in any appropriate forum.
Class Action Waiver. You and Granum agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive any right to a jury trial in any action between you and Granum to the extent permitted by law.
Canadian Merchants. For Canadian Merchants, this Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein; courts in Toronto, Ontario have exclusive jurisdiction, subject to mandatory local law. Certain provisions apply only to the extent permitted by provincial law.
Changes to this Agreement. Granum reserves the right to change, modify, or update this Agreement at any time at its sole discretion. Granum will notify you of material changes by posting the updated Agreement on our website (or within the payment interface) with a new “Effective Date” or by other reasonable notice methods. It is your responsibility to review the Agreement for any changes when you make a payment. If you do not agree to the revised terms, you should not continue to use the payment services. By continuing to use Granum’s payment platform after any changes to this Agreement take effect, you are indicating your acceptance of those changes and agreement to be bound by the updated terms.
Entire Agreement. This Agreement constitutes the entire understanding between you and Granum with respect to the payment services and supersedes any prior or contemporaneous agreements or understandings on that subject. If you are also subject to other agreements or terms by virtue of using other Granum services or creating an account, those terms remain in effect for matters not addressed here. In the event of a direct conflict between this Agreement and other agreements and terms, this Agreement will control for payment-related issues.
Waiver; Severability. Granum’s failure to enforce any term of this Agreement in a particular instance will not constitute a waiver of our right to do so in the future. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Granum. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
Assignment. You may not assign this Agreement without Granum’s written consent. Granum may assign to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. This Agreement binds permitted successors and assigns.
Relationship. Nothing in this Agreement creates any agency, partnership, joint venture, or employment relationship between you and Granum. Both parties are independent entities contracting at arm’s length. Except as expressly provided in Section 2, neither party has authority to bind the other.
Third‑Party Beneficiaries. Except as expressly provided in Section 13 above (with respect to Granum’s service providers), this Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties to this Agreement.
Force Majeure. Neither party is liable for delays or failures (other than payment obligations) due to events beyond its reasonable control. If such an event continues for more than 30 days, either party may terminate on notice.
Notices. Communications and notices to you may be provided electronically (to the email or SMS number you provided when making a payment) or via the user interface when you make a payment. Keep your contact information current. Legal notices to Granum must be sent to [email protected] and by mail to: Granum, Attn: Legal Department, 1075 Peachtree Street NE, Suite 3225, Atlanta, GA 30309, USA.
Publicity. Granum may identify you as a user of the Services unless you opt out in writing.
Intellectual Property. Granum and its licensors retain all IP rights in the Services. A limited, revocable license is granted to use the Services as provided. Feedback may be used by Granum without restriction.
Headings; Interpretation. Headings are for convenience only. “Including” means “including without limitation.” References to laws include amendments/successors.
Electronic Acceptance. Electronic signatures/acceptance (e.g., checking a box, clicking “Agree”) have the same effect as a signed original.