Terms & Conditions

Last updated: April 2025

1. Agreement to Terms

By accessing or using the services provided by TopTapPay (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services. These terms apply to all visitors, users, merchants, and others who access or use our services.

2. Services

TopTapPay provides payment processing, point-of-sale (POS) systems, hardware, payment gateways, and related merchant services. Our services are subject to the terms outlined herein, as well as any additional agreements executed between TopTapPay and the merchant.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes where practicable.

3. Merchant Accounts & Eligibility

To use TopTapPay's payment processing services, you must:

  • Be a legally operating business entity or sole proprietor
  • Provide accurate and complete business information during application
  • Comply with all applicable laws and card network rules (Visa, Mastercard, Amex, Discover)
  • Not operate in a prohibited or high-risk business category without prior written approval
  • Maintain a valid business bank account for settlement purposes

TopTapPay reserves the right to decline or terminate a merchant account at its discretion, including for violations of card network rules or applicable law.

4. Fees & Billing

Processing rates, monthly fees (if any), and any applicable equipment costs will be disclosed to you in writing before you activate services. TopTapPay is committed to transparent pricing — no hidden fees, no surprise charges.

Processing fees are deducted from your merchant deposits or billed monthly depending on your agreement. You agree to maintain sufficient funds in your business account to cover any fees, chargebacks, or adjustments.

TopTapPay operates on a month-to-month basis for processing services. No long-term processing contracts are required unless separately agreed to in writing.

5. Hardware & Equipment

Hardware provided by TopTapPay may be offered for free, at a subsidized cost, or on a rental/lease basis depending on your merchant agreement and processing volume. Specific terms for any hardware will be outlined in your merchant agreement.

You are responsible for the safe use and maintenance of any hardware provided. Damage, loss, or theft of hardware may result in charges as outlined in your individual agreement.

6. Chargebacks & Disputes

As a merchant, you are responsible for all chargebacks, disputes, and refunds arising from your transactions. TopTapPay may hold funds in reserve, deduct chargeback amounts from your account, or suspend processing in response to excessive chargeback rates.

You agree to maintain records sufficient to respond to disputes and to cooperate with TopTapPay and card networks in resolving chargebacks in a timely manner.

7. Data & Privacy

TopTapPay collects business and transaction data necessary to provide payment services. We do not sell your personal or business data to third parties for marketing purposes.

You are responsible for maintaining PCI DSS compliance within your own business environment. TopTapPay will provide PCI compliance assistance and guidance as part of our service. Cardholder data must be handled in accordance with PCI DSS standards at all times.

8. Limitation of Liability

To the fullest extent permitted by law, TopTapPay shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to lost profits, data loss, or business interruption.

Our total liability to you for any claim arising from these terms or our services shall not exceed the total fees paid by you to TopTapPay in the three (3) months preceding the claim.

9. Termination

Either party may terminate processing services at any time with written notice. TopTapPay may terminate services immediately for violations of these terms, card network rules, or applicable law.

Upon termination, any outstanding fees, chargebacks, or reserve amounts will be settled in accordance with your merchant agreement. Hardware provided on a free or subsidized basis may need to be returned depending on your agreement terms.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in Dallas County, Texas.

11. Changes to These Terms

TopTapPay reserves the right to modify these Terms and Conditions at any time. We will notify active merchants of material changes via email or through our merchant portal. Continued use of our services after any such changes constitutes your acceptance of the new terms.

12. Contact Us

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

Phone: +1 (904) 901-7616

Email: travis@toptappay.com

Offices: Tampa, FL & Dallas, TX