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Acceptable Use Policy (AUP)

Effective Date: January 30, 2024

1. Introduction and Scope

This Acceptable Use Policy ("AUP") governs the use of all services, platforms, software, and APIs (collectively, the "Services") provided by Chargehive Limited ("Chargehive," "we," "us," or "our") to you, the merchant, and your authorized users ("Merchant," "you," or "your"). This AUP is incorporated by reference into your Merchant Agreement with Chargehive.

By using Chargehive's Services, you agree to comply with this AUP. If you do not agree with this AUP, you may not use the Services. This AUP is designed to protect Chargehive, its partners, its merchants, cardholders, and the integrity of the payment networks.

Chargehive reserves the right to amend this AUP at any time, with such amendments becoming effective upon posting to our website or direct notification to you. Your continued use of the Services after any such amendment constitutes your acceptance of the new AUP.

2. Prohibited Activities

You may not use the Services for any illegal, fraudulent, harmful, or unauthorized purpose, or in any manner that could damage, disable, overburden, or impair Chargehive's Services, reputation, or network infrastructure.

Prohibited activities include, but are not limited to, the following:

2.1. Illegal Activities:

  • Any activity that violates any applicable local, state, national, or international law or regulation.
  • Money laundering, terrorist financing, or any activities related to financial crime.
  • Facilitating or participating in any form of fraud.
  • Sale or distribution of illegal goods, services, or substances (e.g., illegal drugs, child pornography, unlicensed firearms).

2.2. Infringement of Rights:

  • Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, trade secrets) of Chargehive or any third party.
  • Violation of privacy or data protection rights.

2.3. Harmful and Disruptive Conduct:

  • Transmission of viruses, malware, worms, Trojan horses, or any other malicious or destructive code.
  • Engaging in denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks, or any activity that disrupts the availability or performance of the Services.
  • Unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network.
  • Phishing, pharming, or any activity designed to deceive users into revealing sensitive information.
  • Sending unsolicited commercial email (spam) or engaging in other forms of abusive messaging.

2.4. Prohibited Business Models and Practices:

  • Sale of counterfeit or unauthorized goods.
  • Unregulated or unlicensed financial services (e.g., unlicensed money transmission, payday loans in prohibited jurisdictions).
  • Merchants should consult with Chargehive's prohibited business list, which may be updated periodically.
  • Examples often include: certain gambling activities (unless properly licensed and approved by Chargehive and its partners), high-risk pharmaceuticals, multi-level marketing schemes that are primarily pyramid schemes, hate speech or discriminatory products/services, etc.
  • Operating or engaging in any business that Chargehive, in its sole discretion, deems to be high-risk, unethical, or potentially harmful to its reputation or the payment ecosystem.
  • Deceptive marketing practices, including hidden fees, unclear subscription terms, or false advertising.
  • Transactions for goods or services that are not bona fide or that have a high likelihood of resulting in chargebacks or disputes.

2.5. Misuse of Services:

  • Using the Services for any purpose other than for legitimate payment processing for bona fide goods and services provided by you.
  • Attempting to circumvent any security measures or usage restrictions.
  • Providing false, inaccurate, or misleading information to Chargehive or during the transaction process.
  • Using the Services in a manner that violates the rules and regulations of any payment network (e.g., Visa, Mastercard, American Express), acquiring bank, or other financial institution.

3. Merchant Responsibilities and Compliance

3.1. Compliance with Laws and Regulations:

You are solely responsible for ensuring that your use of the Services, and the products/services you offer, comply with all applicable laws, regulations, and card scheme rules (including, but not limited to, those issued by Visa, Mastercard, American Express, and other relevant payment networks).

3.2. Data Security (PCI DSS):

  • You must comply with the Payment Card Industry Data Security Standard (PCI DSS) applicable to your business and your integration method with Chargehive.
  • You are responsible for the security of any Cardholder Data you handle, store, process, or transmit outside of Chargehive's secure environment.
  • You must not store raw magnetic stripe, card validation code or value (CAV2, CID, CVC2, CVV2), or PIN block data.
  • You must maintain secure systems for handling customer data and protect your Chargehive account credentials and API keys from unauthorized access.

3.3. Recurring Transactions:

  • Explicit Consent: You must obtain explicit, clear, and verifiable consent from the cardholder before initiating any recurring transaction. This consent must include the amount, frequency, duration of the recurring charge, and the cancellation policy.
  • Clear Communication: You must provide cardholders with a clear and conspicuous summary of the recurring transaction terms before they agree. You must also provide an easy and accessible method for cardholders to cancel their recurring subscriptions and an acknowledgement of the cancellation.
  • Transaction Receipts: You must provide cardholders with a receipt for each recurring transaction, or a method to access this information.
  • Pre-Notification (if applicable): For recurring transactions where the amount or date changes, you must notify the cardholder in advance according to card scheme rules.

3.4. Chargebacks and Disputes:

You are responsible for managing and responding to chargebacks and disputes in a timely manner. You agree to maintain a low chargeback ratio as required by Chargehive and the card schemes. Excessive chargebacks may result in penalties, suspension, or termination of Services.

3.5. Accurate Information:

You must provide accurate, current, and complete information about your business, its beneficial owners, and the nature of your transactions. You must promptly notify Chargehive of any changes to this information.

3.6. Cascading Transactions:

If utilizing Chargehive's cascading features, you acknowledge that transactions may be routed through multiple gateways and acquirers. You remain responsible for ensuring that all transactions comply with this AUP and the rules of all involved parties. You must ensure your business practices do not negatively impact Chargehive's relationships with its gateway partners.

3.7. Customer Service:

You must provide adequate customer service to your customers, including clear contact information and timely responses to inquiries and complaints.

4. Monitoring, Investigation, and Enforcement

4.1. Monitoring:

Chargehive reserves the right, but not the obligation, to monitor your use of the Services and your transaction activity to ensure compliance with this AUP and applicable laws and regulations.

4.2. Investigation:

Chargehive may investigate any suspected violation of this AUP. You agree to cooperate fully with any such investigation.

4.3. Enforcement and Consequences of Violation:

If Chargehive determines, in its sole discretion, that you have violated this AUP, Chargehive may take one or more of the following actions, without prior notice and without liability to you:

  • Issue a warning.
  • Request that you take corrective action.
  • Suspend or limit your access to the Services.
  • Terminate your Merchant Agreement and access to the Services.
  • Hold or set off funds in your account as permitted by your Merchant Agreement.
  • Report the activity to law enforcement, regulatory authorities, card schemes, or other appropriate third parties.
  • Take legal action against you.
  • Charge you for costs incurred by Chargehive due to the violation (including administrative costs, fines imposed by card schemes or regulators, and legal fees).

4.4. Disclosure of Information:

Chargehive may disclose information regarding your use of the Services to third parties if required by law, regulation, or legal process, or to protect the rights, property, or safety of Chargehive, its users, or the public.

5. Reporting Violations

If you become aware of any violation of this AUP by any person, including other merchants or your own users, you agree to notify Chargehive immediately. Please report suspected violations to abuse@chargehive.com.

6. Disclaimer

This AUP is not exhaustive. Chargehive reserves the right to take appropriate action against any conduct that it deems, in its sole discretion, to be harmful to its Services, reputation, merchants, users, or the payment ecosystem, even if such conduct is not explicitly prohibited in this AUP.

7. Limitation of Liability

7.1. Disclaimer of Warranties:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR FREEDOM FROM DEFECTS, BUGS, VIRUSES, OR HARMFUL CODE. CHARGEHIVE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY AND PAYMENT PROCESSING THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION, DATA, AND PROPERTY.

7.2. Exclusion of Indirect Damages:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHARGEHIVE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CHARGEHIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:

  • (a) YOUR USE OR INABILITY TO USE THE SERVICES;
  • (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
  • (c) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE ACTIONS OF PAYMENT GATEWAYS, ACQUIRING BANKS, OR CARD SCHEMES);
  • (d) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT;
  • (e) ANY ACTION TAKEN OR NOT TAKEN BY CHARGEHIVE IN CONNECTION WITH THE ENFORCEMENT OF THE ACCEPTABLE USE POLICY (AUP) OR THE MERCHANT AGREEMENT; OR
  • (f) ANY OTHER MATTER RELATING TO THE SERVICES OR THIS AUP.

7.3. Cap on Direct Damages:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CHARGEHIVE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES, THIS AUP, OR THE MERCHANT AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO CHARGEHIVE FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

7.4. Basis of the Bargain:

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTIES SET FORTH IN THIS AGREEMENT (INCLUDING THIS AUP) ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CHARGEHIVE, AND CHARGEHIVE WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT SUCH LIMITATIONS.

7.5. Exclusions:

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT (INCLUDING THIS AUP) SHALL LIMIT OR EXCLUDE CHARGEHIVE'S LIABILITY FOR:

  • (a) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE (AS DEFINED BY APPLICABLE LAW);
  • (b) FRAUD OR FRAUDULENT MISREPRESENTATION BY CHARGEHIVE; OR
  • (c) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

7.6. Scope:

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 7 APPLY TO ALL CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.

8. Governing Law

This AUP shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

9. Severability

If any provision of this AUP is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10. Contact Information

If you have any questions about this AUP, please contact Chargehive at:

Chargehive Limited

Larch House, Parklands Business Park, Denmead, Hampshire, United Kingdom, PO7 6XP

legal@chargehive.com