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XREDIT Pay Merchant Services Agreement

Version 2026-11-11 · effective November 11, 2026

This agreement is between XREDIT LLC, doing business as XREDIT Pay ("XREDIT," "we," "us"), and the business that signs up to use XREDIT Pay ("you," the "merchant"). The store's owner accepts it for the business in the XREDIT Pay back office by typing their name, which is their electronic signature. We keep a record of who accepted it, when, and which version.

1. What XREDIT Pay is

XREDIT Pay is point-of-sale software and the online services behind it (together, the "Service"): the registers on your devices, the owner back office at xreditpay.com/app, XREDIT Cloud (which keeps your registers in sync and stores your data), your online ordering page, customer texts and emails, reports, and the connections to other apps you choose to link. This agreement also covers the terminals XREDIT provides to run it (section 8).

This agreement covers the POS software and terminals. Card processing is separate. XREDIT is an independent sales agent, not a bank or a payment processor. Your card payments are processed by the processing bank set up for your business, under the merchant processing agreement you sign with them. That agreement, not this one, is subject to credit approval and controls everything about processing: your rates and fees, your pricing program (such as dual pricing, cash discount, surcharging or a flat rate), deposits, chargebacks and reserves. XREDIT Pay shows your pricing program in the register and back office as it's set up for your processing account. Card numbers are read by the processor's certified payment app on the device; XREDIT never receives or stores full card numbers.

2. Your account and your team

  • You're responsible for everyone you add to your account and for what they do with it.
  • Keep logins and PINs private, give each person their own PIN, and remove people who leave.
  • Tell us right away at support@xredit.com if you think someone is using your account without permission.
  • XREDIT Pay only works on devices XREDIT has approved for your store. A device that isn't approved can't be used to sign in or take payments.
  • We may also require two-step sign-in to protect your account.

3. No charge for XREDIT Pay or its terminals

XREDIT doesn't charge you for XREDIT Pay. There's no software or subscription fee for the Service, and no fee to buy, rent or lease the terminals we provide. The only charges under this agreement are the terminal charges in section 8 (for a terminal that's lost, stolen, damaged beyond normal wear or not returned, and related shipping and handling).

If we ever decide to charge for XREDIT Pay or its terminals, we'll tell you by email at least 30 days before any charge starts, and you can end this agreement before then without paying it.

Card processing fees, rates and pricing are not part of this agreement: they're set by your merchant processing agreement with your processing bank, and changes to them follow that agreement. Other companies charge their own fees (for example, delivery app commissions and phone carrier fees for texting), and those are between you and them.

4. What you're responsible for

XREDIT Pay gives you tools. You remain responsible for running your business lawfully, including:

  • Pay and tips. Wages, overtime, breaks, tip pooling and tip reporting. Our hours, overtime and tip reports follow the rules described in the back office, but you must check them before you run payroll and apply anything they don't cover (such as union contracts or special agreements).
  • Taxes. Setting the right sales tax rates, and collecting and filing the taxes you owe.
  • Age-restricted sales. Checking ID for alcohol, tobacco and similar products. ID checks in the register help you, but the person making the sale is responsible for it.
  • Customer messages. Only texting or emailing customers who agreed to hear from you, honoring STOP and unsubscribe requests, and following the rules for texts and marketing email (including the TCPA and CAN-SPAM). XREDIT Pay stops messages to people who opt out.
  • Your menu and prices. Keeping items, prices, allergens and hours accurate, including on Uber Eats and your ordering page.
  • Pricing programs. Using cash discount, dual pricing or surcharges only as card brand rules and your state's law allow, with the required signs.
  • Orders. Answering online and delivery orders, and having the register on, signed in and connected while you take them.

5. Apps and services you connect

When you connect another service (for example Uber Eats, QuickBooks, Xero, FreshBooks, Mailchimp, Klaviyo, Constant Contact, Google or Meta), you authorize XREDIT Pay to send it the information described where you connect it, and to act for you within that connection (for example, accepting an Uber Eats order when you press Accept). Those services are run by other companies under their own terms. We aren't responsible for their outages, decisions or changes, and a connection may stop working if they change their service. You can disconnect any of them at any time.

6. Your data

  • It's yours. Your sales, menu, team and customer information belong to you. We use them only to run, secure, support and improve the Service, and as the law requires. We don't sell your data or your customers' data.
  • Customer information. For your customers' information, we act as your service provider. You are responsible for having the right to collect it and for telling your customers how you use it.
  • Security. We protect your data with access controls, encryption in transit, separate access for each store, and records of sensitive changes. If we learn that your data was accessed without permission, we'll tell you promptly and help you respond.
  • Getting it out. You can download your reports at any time. When this agreement ends, you can ask for an export of your data within 30 days. After that we delete it, except records we must keep by law (for example, age-check and compliance records) for as long as the law requires.

Our Privacy Policy explains more about how we handle information.

7. Availability and support

We work to keep XREDIT Pay running and to fix problems quickly, and registers keep working without the internet for in-person sales, then catch up when they reconnect. We can't promise it will always be available or free of errors: online ordering, delivery orders, card payments and syncing need a working internet connection and the other companies involved. We may update the Service and its features over time, and we'll tell you ahead of changes that remove something you rely on. For help, use Get help in the back office or the register, email support@xredit.com or call (702) 722-4330.

8. Terminals

XREDIT provides the terminals XREDIT Pay runs on. We choose the make and model for your business, and we decide how each terminal is set up, managed and kept up to date.

Each terminal has the following value, which is what it costs us to replace:

  • SUNMI D3 Pro with its 10.1" NFC customer screen: $799.00
  • KOZEN P8 handheld: $299.00

For any other model we provide, we'll tell you its value in writing when we send it.

  • Ours to manage. We install and update the software on the terminals, can change their settings remotely, and can lock, block, reset or wipe a terminal (for example, if it's lost or stolen, the account is suspended or this agreement ends). We may replace a terminal with a different model when we decide it's needed, and we'll tell you before we do.
  • Ownership. Terminals are loaned to you at no charge. They always remain XREDIT's property, and you may not sell, lend, pledge or give one to anyone else.
  • Use it only for XREDIT Pay. Don't install other apps, change its system settings, open it, root or unlock it, or connect it to another payment service or processor. Card payments on the terminal are processed under your merchant processing agreement.
  • Look after it. Keep it secure and in good condition, and use it as the maker intends. Tell us right away if one is lost, stolen, damaged or looks tampered with, so we can block it. Repairs for normal wear are on us. If a terminal is lost or stolen, we may charge its value above. If it's damaged beyond normal wear, we may charge the cost of the repair, up to its value above. In either case we may also charge shipping and handling for the repair or replacement.
  • Giving it back. When this agreement ends, or when we replace a terminal, return it within 30 days in the packaging or with the shipping label we send. If a terminal isn't returned within those 30 days, we may charge its value above, plus a late fee of $199.00 per terminal and any shipping and handling.
  • Unpaid charges. Terminal charges (for loss, theft, damage, late return, or shipping and handling) are due when we bill them. If they go unpaid, we may send the amount to a collection agency or take other legal action to recover it, and you agree to pay the reasonable costs of collecting it, where the law allows.

9. Fair use

Don't use XREDIT Pay for anything illegal, to send messages people didn't agree to, to sell prohibited products, to interfere with the Service or other merchants, or to copy or reverse-engineer it.

10. Ending this agreement

You can end this agreement at any time with 30 days' notice by email. We can end it with 30 days' notice for any reason, including if providing the Service to your business is no longer profitable or commercially worthwhile for us. We can also suspend or end it sooner if charges go unpaid, if your account is used for fraud or illegal activity, if your processing partner ends your merchant account, or if continuing would put other merchants or the Service at risk. When it ends, return XREDIT's terminals as described in section 8. Ending this agreement doesn't end your merchant processing agreement, which ends under its own terms, and doesn't cancel anything you already owe us. Sections 4, 6, 8 (returning and paying for terminals, and unpaid charges), 11 and 12 continue after it ends.

11. Warranties and liability

Except as stated in this agreement, the Service is provided "as is." To the fullest extent the law allows, XREDIT disclaims implied warranties, and isn't liable for lost profits, lost sales or indirect, incidental or consequential damages. Because XREDIT Pay is provided at no charge, XREDIT's total liability under this agreement is limited to $500, or what you paid XREDIT under this agreement in the 12 months before the claim, whichever is more.

This limit doesn't apply where the law doesn't allow liability to be limited, such as for gross negligence, willful misconduct or fraud. It also doesn't limit what you owe under section 8 (terminal charges and unpaid charges) or under the next sentence.

You agree to cover XREDIT's reasonable losses from claims caused by your breach of this agreement or your violation of the law.

12. Law and disputes

This agreement is governed by the laws of the State of Nevada. Before going to court, each of us will try to resolve a dispute by talking it through for at least 30 days after written notice. Any lawsuit will be in the state or federal courts located in Clark County, Nevada.

13. Changes to this agreement

We may update this agreement. We'll email the owner at least 30 days before a change that matters takes effect, and ask the owner to accept the new version in the back office. If you don't agree, you can end this agreement before the change takes effect.

14. Everything else

This agreement, your plan details and the policies it mentions are the whole agreement about the Service. If a part of it can't be enforced, the rest still applies. Neither of us can transfer it without the other's consent, except to a company that takes over the business. Notices to you go to the owner's email; notices to us go to support@xredit.com.