Acceptable Use Policy
This Acceptable Use Policy ("AUP") lists prohibited and restricted businesses and practices for ZenythPay merchants. The authoritative source of these restrictions is the card network operating regulations, the sponsor bank , and the processor engaged by ZenythPay, Inc. (“ZenythPay”), all of which may change their requirements at any time without notice. This AUP should be read as reflecting those requirements, and ZenythPay retains discretion to apply additional risk, compliance, underwriting, and legal requirements to the fullest extent permitted by applicable law, card brand regulations, and its processor and sponsor-bank agreements.
1. Purpose and Scope
This AUP describes businesses, activities, and transaction practices that are prohibited or restricted when applying for, accessing, or using ZenythPay services. It applies to all merchants, applicants, and authorized users of the ZenythPay website located at www.zenythpay.com (the “Website”), dashboard, mobile application, and payment-acceptance services, and this AUP supplements and is incorporated into the ZenythPay Terms of Use and your Merchant Processing Agreement, and any violation of this AUP is deemed a material breach of those agreements.
If there is a conflict between this AUP and the card network operating regulations, applicable law, the sponsor bank's requirements, or your Merchant Processing Agreement, those documents, regulations, or applicable law control. ZenythPay may update this AUP at any time without prior notice to reflect changes in card network rules, sponsor-bank or processor requirements, applicable law, or ZenythPay's risk, compliance, or underwriting standards. You are responsible for checking this AUP for any updates or amendments to this AUP and for ensuring that your business, products, services, transactions, marketing, disclosures, sales channels, and processing activity comply at all times with the then-current AUP, applicable law, card brand regulations, sponsor-bank requirements, processor requirements, and your Merchant Processing Agreement.
2. How These Restrictions Are Determined
ZenythPay provides payment-related services through its processor and sponsor-bank relationships. Final merchant eligibility, approval, and ongoing acceptance are determined by the sponsor bank, the processor, and the card networks under their operating regulations and risk requirements. Sanctions screening (including OFAC) and certain risk and compliance screening are performed by the processor and sponsor bank as the authoritative parties. ZenythPay applies a good-faith fit assessment consistent with these requirements and does not independently override them, and any review, approval, underwriting, monitoring, guidance, or failure to identify a prohibited or restricted activity by ZenythPay does not constitute legal advice, a compliance determination, a waiver, or an assumption of liability by ZenythPay.
3. Prohibited Businesses
You may not apply for, access, or use ZenythPay services to process payments for, or operate, any of the following, directly or indirectly, and you are solely responsible for determining whether your business, products, services, transactions, customers, sales channels, jurisdictions, and marketing practices fall within any prohibited category. This list reflects card network rules and sponsor-bank requirements and is not exhaustive.
Federally illegal cannabis, marijuana, and CBD-restricted products and related businesses;
Adult content, adult-oriented services, escort services, sexually explicit products or services, and any business involving non-consensual, exploitative, or unlawful sexual content;
Online or internet gambling, betting, lottery, gaming, sweepstakes, fantasy sports, and related activities, except where expressly approved in writing by the sponsor bank and processor;
Multi-level marketing, pyramid schemes, and "get rich quick" schemes;
Debt collection, debt consolidation, debt settlement, credit repair, foreclosure rescue, mortgage modification, and similar credit or debt-relief services;
Unregistered, deceptive, or outbound telemarketing operations;
Firearms, ammunition, and related regulated weapon sales;
Any business that is illegal under applicable federal, state, or local law, or that sells illegal goods or services;
Sale of counterfeit goods, unauthorized branded goods, or goods or services that infringe, misappropriate, or otherwise violate the intellectual property, publicity, or privacy rights of others;
Money services businesses, money transmitters, check cashers, stored-value or prepaid access providers, and virtual-currency, crypto-asset, token, wallet, exchange, custody, mining, staking, or digital-asset businesses, except where the business is properly licensed and expressly permitted in writing by ZenythPay, the sponsor bank, and the processor. The sponsor bank or processor may prohibit these categories outright;
Acting as a payment facilitator, payment aggregator, marketplace, or sub-merchant aggregator, or otherwise processing or submitting transactions on behalf of, for the benefit of, or as agent for any third party, without the prior written approval of ZenythPay, the sponsor bank, and the processor;
Sale of controlled substances, illegal drugs, drug paraphernalia, or prescription drugs or devices without all licenses, registrations, prescriptions, authorizations, disclosures, age-verification, and compliance controls required by applicable law and card brand regulations;
Shell companies, businesses concealing beneficial ownership, and businesses unable to satisfy Know Your Customer and beneficial-ownership requirements;
Any business, beneficial owner, principal, officer, director, control person, counterparty, or transaction appearing on or involving a party on a sanctions list or located in, organized under the laws of, or ordinarily resident in a comprehensively sanctioned jurisdiction;
Other business categories prohibited by the card networks, the sponsor bank, or the processor from time to time.
You understand that this is not an exhaustive list of prohibited businesses, and you understand and agree that it is your sole responsibility to determine if a business is a prohibited business under applicable law, card brand regulations, sponsor-bank requirements, processor requirements, and the Merchant Processing Agreement, and you will indemnify, defend, and hold harmless ZenythPay and its officers, directors, employees, agents, affiliates, processor, sponsor bank, and service providers from and against all claims, losses, liabilities, damages, fines, assessments, penalties, chargebacks, refunds, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to any prohibited business or your failure to make that determination.
4. Restricted Businesses
Some businesses are permitted only with additional review, documentation, monitoring, reserves, transaction limits, delayed funding, enhanced due diligence, indemnities, compliance certifications, remediation obligations, or other conditions, as determined by ZenythPay, the sponsor bank, or processor in their sole discretion. These commonly include, without limitation:
Future-delivery, subscription, recurring-billing, free-trial, continuity, negative-option, and auto-renewal models, including any model subject to California automatic-renewal requirements;
Travel, tour operators, airlines, and event or ticket sales;
Nutraceuticals, supplements, and weight-loss products;
Tobacco, e-cigarettes, vaping, and related products;
Online pharmacies, prescription fulfillment, and telehealth;
Dating and companionship services;
Precious metals, coins, and bullion;
Firearms accessories and related regulated goods (where permitted at all);
High-ticket electronics, gift cards, and stored-value products;
Businesses with elevated chargeback or fraud history;
Other categories the sponsor bank, processor, or card networks treat as high-risk from time to time.
You understand that this is not an exhaustive list of restricted businesses, and you understand and agree that it is your sole responsibility to determine if a business is a restricted business under applicable law, card brand regulations, sponsor-bank requirements, processor requirements, and the Merchant Processing Agreement, and you will not process restricted business transactions unless ZenythPay, the sponsor bank, and the processor have approved them in writing. ZenythPay may request additional information and may decline, condition, limit, suspend, or terminate acceptance based on sponsor-bank or processor requirements, applicable law, card network rules, or ZenythPay's risk, compliance, underwriting, or reputational standards.
5. Prohibited Transaction Practices
Regardless of your business category, you may not, and may not permit any third party to, and you remain fully liable for the acts and omissions of your owners, officers, directors, employees, agents, contractors, customers, service providers, affiliates, and any third party acting on your behalf:
Submit transactions that do not result from a bona fide, lawful, arms-length sale of goods or services between you and your customer for the amount authorized by that customer;
Process or submit transactions on behalf of another business or person, or for goods or services not sold by you (including "laundering," "factoring," or "transaction aggregation"), unless expressly disclosed to and approved in writing by ZenythPay, the sponsor bank, and the processor;
Submit transactions for any purpose, merchant category, website, location, product, service, descriptor, or sales channel other than those disclosed to and approved by ZenythPay, the sponsor bank, and the processor;
Process cash advances, or provide cash to a cardholder except as expressly permitted by the card networks;
Split a single transaction into multiple transactions to evade limits or controls;
Re-enter, retry, or resubmit a declined transaction except as expressly permitted by card network rules and ZenythPay's then-current requirements;
Add surcharges, fees, or pricing that violate card network rules or applicable law, including cash discount or dual pricing practices that do not comply with applicable rules and signage requirements;
Submit false, inflated, deceptive, unauthorized, fraudulent, or illegal transactions, or transactions you know or should know are unauthorized, disputed, uncollectible, noncompliant with card brand regulations, or likely to result in chargebacks, fraud reports, fines, assessments, penalties, or regulatory scrutiny;
Use the services to facilitate money laundering, terrorist financing, or evasion of sanctions.
6. Chargebacks, Fraud, and Risk Monitoring
Your account is subject to ongoing chargeback, dispute, refund, fraud, transaction, security, sanctions, and compliance monitoring by ZenythPay, the processor, the sponsor bank, and the card networks. Excessive chargebacks, excessive fraud, or participation in a card network chargeback- or fraud-monitoring program (such as the Visa and Mastercard excessive chargeback and fraud programs) is on its own a basis for additional review, monitoring, conditions, reserves, holds, suspension, or termination, consistent with your Merchant Processing Agreement and card network rules. You are solely responsible for managing your chargeback and fraud rates, promptly reimbursing, indemnifying, defending, and holding harmless ZenythPay and its officers, directors, employees, agents, affiliates, processor, sponsor bank, and service providers for chargebacks, refunds, reversals, fines, assessments, penalties, claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your business, transactions, products, services, data-security practices, legal or card-brand noncompliance, or use of the Services to the fullest extent permitted by your Merchant Processing Agreement and applicable law, and cooperating with any remediation plan required by ZenythPay, the processor, the sponsor bank, or a card network.
7. Security and System Conduct
You must comply with the security requirements in the Terms of Use and your Merchant Processing Agreement, including applicable Payment Card Industry Data Security Standards, card network data-security rules, the Privacy Policy, and all applicable privacy, data-security, breach-notification, and consumer-protection laws, and you are solely responsible for all unauthorized access, data compromise, security incident, privacy violation, or cardholder-data misuse arising from or relating to your systems, personnel, vendors, customers, or processing activity. You may not attempt to gain unauthorized access to, probe, or interfere with ZenythPay systems or the systems of our partners, or introduce malware or harmful code.
8. Consequences of Violation
If we, the sponsor bank, the processor, or a card network determine or reasonably suspect that you have violated this AUP, the card network rules, applicable law, or your Merchant Processing Agreement, or that your activity presents unacceptable legal, compliance, reputational, chargeback, fraud, security, regulatory, consumer-protection, or operational risk, ZenythPay may act immediately without prior notice and without liability to you, and the consequences may include, consistent with your Merchant Processing Agreement and card network rules:
Immediate suspension, restriction, or termination of your access to the Services, onboarding, settlement, and payment processing;
Holds, reserves, delayed funding, transaction limits, refunds, chargeback reversals, recoupment, or offsets on funds, including reserves sufficient to cover anticipated chargebacks, refunds, fines, assessments, penalties, fees, investigations, remediation costs, and other losses, as permitted under your Merchant Processing Agreement;
Reporting to the card networks, sponsor bank, processor, law enforcement, regulators, or industry databases, including possible listing on the Mastercard MATCH system or equivalent, where permitted or required by applicable rules or law;
Notification to regulators or law enforcement where required or, in ZenythPay's reasonable judgment, appropriate to address suspected unlawful, fraudulent, or sanctionable activity.
ZenythPay does not control merchant funds; funding holds and reserves are administered by the sponsor bank and processor under your Merchant Processing Agreement, and ZenythPay may instruct, request, or support such actions where permitted by the Merchant Processing Agreement, ZenythPay’s agreement with its processor, card network rules, or applicable law, without liability to you for any suspension, hold, reserve, delay, offset, refund, reporting, termination, or other action taken in good faith to address actual or suspected risk, noncompliance, fraud, chargebacks, sanctions exposure, or unlawful activity.
9. Changes to This Policy
We may update this AUP from time to time to reflect changes in card network rules, sponsor-bank or processor requirements, law, or ZenythPay's risk, compliance, underwriting, or operational standards. When we make material changes, we will update the "Last updated" date and provide notice where required by applicable law or the Terms of Use, and your continued use of the Services after the effective date of an update constitutes acceptance of the updated AUP; if you do not agree to an updated AUP, you must immediately stop using the Services, and ZenythPay may suspend or terminate access to the Services without liability.
10. Contact Us
Questions about this Acceptable Use Policy:
ZenythPay, Inc.
9405 Brighton Way, Suite 26,
Beverly Hills, CA 90210
+1 (833) 993-6984
support@zenythpay.com