Terms of Use | Incoming Transact

These Terms of Use (“Terms”) govern your access to and use of the websites, dashboards, APIs, and related products and services provided by Incoming Transact (“Incoming Transact,” “we,” “our,” or “us”). By accessing or using our Services, you agree to these Terms. If you use the Services on behalf of a company or other entity, you represent that you are authorized to bind that entity to these Terms. If you do not agree, do not use the Services.

1) Who we are

Incoming Transact provides technology to facilitate payments, payouts, and related financial operations (e.g., card processing, ACH, PayPal order flows, and directory-partner Zelle® flows where available). Incoming Transact is not a bank, money transmitter, or other regulated financial institution. Certain Services may be provided by, or require onboarding with, third-party financial institutions and networks (collectively, “Partners”).

2) Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Services. If you open an account on behalf of a business, you must provide accurate company information and maintain current contact details. You authorize us and our Partners to conduct KYC/KYB, sanctions, and other compliance checks.

3) Your account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorized use. We may suspend or terminate access for security, compliance, or risk reasons.

4) Use of the Services

You will use the Services only for lawful transactions and in compliance with: (a) these Terms; (b) applicable laws and regulations (including anti-money laundering, sanctions, and consumer protection laws); and (c) applicable network/Partner rules (e.g., NACHA, card network rules, PayPal policies, Zelle® participation rules through eligible financial institutions).

Prohibited activities include, without limitation:

Illegal products/services; deceptive or unfair practices; money laundering or terrorist financing.
Adult content for sexual stimulation, illicit substances, weapons, or other high-risk activities.
Attempts to bypass security or risk controls, or to submit fraudulent or unauthorized transactions.

5) Third-party services (PayPal, ACH/NACHA, Card Networks, Zelle®)

Some functionality routes through Partners. PayPal features are subject to PayPal’s user agreements and policies. ACH transactions are subject to NACHA Operating Rules and applicable U.S. law. Card transactions are subject to card network rules and acquirer terms. Zelle® features, where available, require participation via an eligible financial institution partner program; Zelle® does not offer public APIs to independent third parties.

By initiating payments via these rails, you agree to the applicable Partner and network terms. We may refuse, reverse, delay, or hold transactions to comply with law and risk/compliance policies.

6) Authorization for payments; ACH and recurring debits

You represent and warrant that you have authorization from the payor/payee to initiate each transaction. For ACH debits, you authorize our Partners to debit/credit the designated bank account(s) and, if necessary, to make correcting entries. For recurring ACH or card debits, you must obtain and retain proper consumer or business authorization and provide required notices (e.g., for amount/frequency changes) as applicable by law and network rules.

7) Fees, refunds, chargebacks, and disputes

We may charge fees for the Services, as posted in your account or on our site. Interchange, scheme fees, or Partner fees may apply. Chargebacks, returns (e.g., ACH R01–R10), and disputes are your responsibility. You will timely respond to retrieval requests and provide evidence. We may debit your balance or designated account for fees, chargebacks, returns, fines, penalties, or negative balances.

8) Taxes

You are responsible for all taxes, duties, and withholdings related to your use of the Services. Where required, we may issue 1099 or other tax forms.

9) Data; privacy; security

Our Privacy Policy describes how we collect and use personal information. You will implement appropriate administrative, physical, and technical safeguards for your systems and data, including PCI-DSS responsibilities for card data where applicable. You will not store sensitive authentication data in violation of PCI requirements.

10) Intellectual property

The Services (including our websites, software, APIs, documentation, designs, and logos) are owned by Incoming Transact or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services as permitted by these Terms. You may not reverse engineer, decompile, or create derivative works of the Services.

11) Trademarks and notices

“Incoming Transact” and associated marks are our trademarks. Zelle® and the related marks are wholly owned by Early Warning Services, LLC and are used here under descriptive fair use. Other names and logos are the property of their respective owners.

12) Beta features; sandbox

We may provide beta features or a sandbox environment for testing. These are provided “as is,” may be modified or discontinued at any time, and are excluded from any uptime or support commitments.

13) Electronic communications; E-Sign consent

You consent to receive disclosures and communications electronically (e.g., via the dashboard, email to the address on file, or our website). You may withdraw consent by contacting us, but we may need to terminate some or all Services if electronic delivery is required by our processes.

14) Modifications

We may update these Terms by posting a revised version with a new “Last updated” date. Changes become effective upon posting unless a later date is stated. Your continued use after changes take effect constitutes acceptance.

15) Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

16) Limitation of liability

To the maximum extent permitted by law, Incoming Transact, its affiliates, officers, directors, employees, agents, and Partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our aggregate liability to you for all claims relating to the Services will not exceed the amounts paid by you to us for the Services giving rise to the claim during the three (3) months prior to the event giving rise to liability.

17) Indemnification

You will indemnify, defend, and hold harmless Incoming Transact and its affiliates, officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Services; (b) your breach of these Terms or applicable law; (c) your products/services or business; (d) any actual or alleged violation of network/Partner rules; or (e) disputes with your customers, vendors, or payees/payors.

18) Term; suspension; termination

These Terms apply from your first use of the Services and continue until terminated. We may suspend or terminate access immediately for risk, compliance, or contractual reasons. You may cease use at any time. Sections that by their nature should survive (e.g., fees, IP, data, warranty disclaimers, limitations of liability, indemnification, arbitration, and governing law) will survive termination.

19) Governing law; venue

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, and applicable U.S. federal law.

20) Mandatory arbitration; class action waiver

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The place of arbitration is Atlanta, Georgia. The language is English. Judgment on the award may be entered in any court with jurisdiction.

No Class Actions. You and Incoming Transact agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

30-Day Opt-Out. You may opt out of arbitration by sending written notice to support@incomingtransact.com within thirty (30) days after you first accept these Terms, stating that you opt out of arbitration. If you opt out, or if the arbitration agreement is found unenforceable, exclusive jurisdiction and venue will be in the state and federal courts located in Fulton County, Georgia, and you waive any objection to such jurisdiction and venue.

21) Export; sanctions; compliance

You represent that you are not located in, under the control of, or a national/resident of any country or person subject to U.S. sanctions or export restrictions. You will not use the Services in violation of export control or sanctions laws.

22) Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

23) Entire agreement; severability; waiver

These Terms (and any Service-specific terms incorporated by reference) constitute the entire agreement between you and Incoming Transact regarding the Services. If any provision is held invalid, the remainder will remain in effect. Our failure to enforce a provision is not a waiver.

24) Contact

Incoming Transact
209 TANGLEWOOD DR NE, DALTON, GA
Email: support@incomingtransact.com
Website: incomingtransact.com

This Terms of Use template is provided for convenience to align with common U.S. commercial standards for payments technology providers. Your specific business model may require additional provisions (e.g., state money transmission disclosures, partner-specific addenda, or consumer EFT disclosures). Please consult your legal advisor before publishing.

Zelle® and the Zelle® related marks are wholly owned by Early Warning Services, LLC. PayPal is a trademark of PayPal, Inc. Visa, Mastercard, and American Express are trademarks of their respective owners.