This agreement (“Agreement”) is between MeshPay US, Inc., (“Mesh”, “we”, or “our”) having an address at 26 Broadway st.
Last Updated: 26 April 2021
This agreement (“Agreement”) is between MeshPay US, Inc., (“Mesh”, “we”, or “our”) having an address at 26 Broadway st.
- Mesh Services
Mesh will provide secure data transmission and data processing for multiple business-to-business payment methods under this Agreement (the “Mesh Services”). Mesh Services are a data transfer and storage service and do not include Payment Transactions. Payment Transactions are supplied by Payments Providers (e.g. an Issuer) and are governed pursuant to separate Payments Provider Agreements (e.g. a Cardholder Agreement) between User and its Payments Provider. The Mesh Services may provide reporting and analytics concerning Payment Transactions accessible via the Account.
- User Account
Mesh shall grant User a unique digital Account and access codes to use the Mesh Services. User shall not disclose such codes or permit any third party to use them, other than as expressly set forth in this Agreement. User has full responsibility for use of its Account, access codes, and any Transactions within the Account
- Cardholder Agreements
The Mesh Services may permit User to accept the terms of a Cardholder Agreement and other Payments Provider Agreements. When User accepts such agreements, they become binding agreements on their terms between User and the Issuer or other Payments Provider.
- Payment Transactions
As per User preferences entered in the Account, Mesh Services data Transactions may result in Payments Provider receiving, acting on or sending Data concerning the following Payment Transactions:
(a) Card Load. User may transfer funds to their Balance by wire, ACH, or by instructing the Issuer to debit the User Financial Account through ACH, or any other method made available by Mesh or Issuer, each subject to the Cardholder Agreement. The Balance shall be applied to one Card, multiple Cards or no Cards, as per User preferences. Mesh reserves the right to instruct Issuer to place a hold on funds paid into the Balance by card in order to mitigate against potential fraud or other losses to User, Mesh or Issuer.(b) Card Processing. User may use their Card to spend funds pursuant to the Cardholder Agreement and the Rules. If the payment processor for a payee on a Card Payment Transaction settles to the payee in a currency that is not U.S. dollars, or is located outside of the U.S., then the Payment Transaction amount may be reduced as a result of the applicable exchange rate.(c) Other Payment Transaction. User may direct Issuer to transmit Balance funds to a payee by ACH, wire or such other means as Mesh may permit, all subject to the Cardholder Agreement.(d) Reimbursement. Balance funds that have not been spent may be returned to User by ACH or wire, all subject to the Cardholder Agreement.User shall not attempt Payment Transactions that are greater than the available Balance.
User appoints Mesh as its agent to deliver Data to, from and between User, Mesh and third parties. Such Data may be delivered by integrations that could be with Payments Providers, such as banks, payment processors or with other Third Party Servicers such as accounting platforms, mobile wallet providers or data gateways. Mesh is not, however, party to any Payment Transactions nor liable under Third Party Servicer Agreements or responsible for the performance of Third Party Servicers. Mesh never takes possession or control of Payment Transaction funds. Such funds are in the possession and control of the applicable Payments Provider of the User. Mesh may add or remove integrations, at its discretion, as indicated on the Site or in the Account from time to time.
- Recurring Transactions
If instructed through the Account, Transactions may operate on recurring bases (“Recurring Transactions”). Recurring Transactions will result in Mesh delivering multiple, periodic instructions for Payment Transactions in identical or varying amounts to the corresponding Payments Providers or other Third Party Servicers, as the case may be. User immediately inform Mesh if it wishes to terminate or modify any such instructions.
- User Data Transactions
Unless otherwise disclosed and accepted by User in the Account or otherwise, Mesh does not charge fees for Mesh Services. Payment Transactions settled to a payee in a currency that is not U.S. dollars may be increased on account of foreign exchange conversion costs. For fees charged by Payments Providers or other Third Party Servicers, please refer to User’s agreements with those third parties.
User may receive “Incentives” for referrals of other users or referral partners. “Referred Entities” are users that User or its referral partners referred to Mesh. The amount of Incentives is set out in an “Incentive Structure” disclosed on the Site, in the Account or by other means acceptable to Mesh. Incentives may be a function of whether Referred Entities carry out payment transactions, whether they are referred by User or a referral partner and other conditions disclosed in the Incentive Structure. Mesh is not liable for Incentives in respect of a Referred Entity referred to Mesh prior to User acceptance of this Agreement or referred to Mesh by any other Person prior to User’s referral. When soliciting potential Referred Entities, User shall be clear that it is a third party of Mesh and not authorized to bind Mesh to agreements.Incentives, if any, are the only compensation to which User is entitled hereunder. No Incentives shall be payable for any Referred Entity Mesh Service Transaction under USD$500. Mesh shall pay Incentives no more frequently than once every three (3) months or at such other frequency as Mesh may determine, in its sole discretion. User must have a Mesh Services Account to earn Incentives. Incentives shall be payable through the Mesh Services only. For any given Transaction, only one Incentive shall be payable, if any. Incentives shall be paid so long as: (a) this Agreement is still in effect between User and Mesh; (b) User and Referred Entity are not in default under their respective Agreements or any other agreement with Mesh or any of its Affiliates; (c) no regulatory agency, such as a Payment Network, and no bank or other entity having authority over Mesh or User has intervened in any way to prevent the payment of Incentives; and (d) Mesh is continuing to receive its compensation from its suppliers in respect of the Referred Entity.
- User Representations
User hereby represents and warrants to Mesh that:
a) Compliance with Applicable Laws. User will conduct its business affairs in compliance with Applicable Laws and regulations; and
b) Solely for Business Purposes. User shall use the Mesh Services exclusively for business purposes and not for personal, family, or household purposes
- Intellectual Property
The Mesh Services are protected by copyright, trade secret and all other Intellectual Property Rights. Mesh owns all Intellectual Property Rights in the Mesh Services. Nothing in this Agreement grants User any ownership rights in the Mesh Services or other software or Intellectual Property Rights of Mesh. Mesh reserves all rights not expressly granted to User in this Agreement. User shall access Mesh Services only through the Site or such other means as Mesh shall expressly enable. User shall not use the names, logos or marks of Mesh other than as expressly permitted by Mesh in writing.
Each party acknowledges that it may directly or indirectly disclose Confidential Information to the other party in the course of negotiation of and performance of this Agreement. All such Confidential Information disclosed hereunder shall remain the sole property of the disclosing party (or other third party), and the receiving party shall have no interest in, or rights with respect thereto, except as set forth herein. Each party agrees to treat such Confidential Information with the same degree of care and security as it treats its most confidential information, but in no event with less than a reasonable degree of care. Each party may disclose such Confidential Information to employees and agents who require such knowledge to perform services under this Agreement provided such employees and agents have agreed to abide by the confidentiality provisions set forth herein. Except as otherwise contemplated by this Agreement, neither party shall disclose the Confidential Information of the other party to any third party without the prior written consent of the disclosing party.For the purposes of this Agreement, “Confidential Information” means all proprietary, secret or confidential information or data relating to either party and its Affiliates, operations, employees, products or services, clients or customers. Confidential Information, to be such, must be of a nature that it is reasonably expected to be kept confidential. Confidential Information shall include customer lists, Cardholder account numbers, pricing information, computer access codes, instruction and/or procedural manuals, software, APIs, Data, and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent, but only to the extent, that such information: (i) is already known to the receiving party free of any restriction at the time it is obtained; (ii) is subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) becomes publicly available through no wrongful act of the receiving party; (iv) is independently developed by the receiving party without reference to any Confidential Information of the other; or (v) is required to be disclosed by law. Mesh Data includes, without limitation, pricing hereunder, the terms of this Agreement, all information provided to User concerning or through the Mesh Services and information concerning integrations of Mesh Services. Mesh shall have the right to collect and use anonymized User Data to improve its services and for fraud and risk screening. Without limitation, Mesh Data shall be Confidential Information of Mesh. Notwithstanding the foregoing, Mesh can disclose User Confidential Information to Third Party Servicers and other third parties as necessary to provide the Mesh Services and for such Third Party Servicers to provide their services.
User shall defend, indemnify and hold harmless Mesh and its Affiliates, and their respective directors, officers and employees from any third-party liability, damages, losses, claims, demands, actions, causes of action and costs (including attorneys’ fees and expenses) arising out of or resulting from: (i) User’s failure to comply with its obligations under this Agreement; and (ii) any negligent or willful acts (including, but not limited to, fraud) or omissions of User, User’s agents and/or employees.
LIMITATION OF LIABILITYNOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES. IN NO EVENT SHALL MESH’S LIABILITY EXCEED USER’S DIRECT DAMAGES IN AN AMOUNT OF THE GREATER OF $100,000 OR THE AGGREGATE AMOUNT OF INCENTIVES PAID TO USER DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.THE MESH SERVICES ARE PROVIDED ON AN AS-IS BASIS AND MESH DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.Mesh, its Affiliates, agents and licensors shall not be liable for any loss resulting from the activities of User or a third party, or any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond the reasonable control of Mesh including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, pandemics, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment.
- Term and Termination
(a) Term and Termination. The Term of this Agreement begins on the Effective Date and ends when it is terminated by either party. User can terminate this Agreement by closing their Account. Mesh may terminate or suspend the Mesh Services if Mesh believes in its reasonable sole discretion that (i) User is in material breach hereof and such breach may result in an unacceptable level of risk for Mesh or its service providers; or (ii) termination is required by Applicable Law or Issuer.
(b) Procedure upon Termination. Upon any termination of this Agreement, User shall no longer be entitled to use the Account or any other part of the Mesh Services. Termination of this Agreement shall not relieve the User of its obligations to settle any liabilities to Mesh that accrued under this Agreement. For up to 180 days following termination, Mesh shall permit User to download from the Account User Data stored therein in a format prescribed by Mesh.
- Prohibited Users and Prohibited Activities
(a) Prohibited Users. The following Persons are prohibited from using the Mesh Services: (i) Persons who appear on the United States Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN), other similar lists or who are nationals or residents of Cuba, Iran, North Korea, Sudan, or Syria; (ii) Persons who are less than 18 years of age; (iii) Persons, or their Affiliates who have been subject to an Account termination by Mesh for cause.
(b) Prohibited Activity. User shall not use, or permit or assist any third party to use, the Mesh Services for or in relation to any Prohibited Activity.
a) Notices. All notices under this Agreement shall be delivered by email. Notices to the User shall be delivered to the email last indicated as current in the Account. Notices to Mesh shall be sent to email@example.com. Notices shall be deemed received within two (2) business days of the sending thereof.
b) Electronic Communication. User agrees that Mesh may provide agreements and disclosures related to Mesh Services to you electronically (via email, on the Site or in the Account) instead of in paper form. During the term that User maintains an Account with Mesh, User shall provide Mesh with and maintain a valid email address for information that will be delivered by email and User shall promptly notify Mesh of any change in email address. User understands that Mesh’s ability to provide User information by email is dependent upon the maintenance of a valid email address. For information that will only be provided via the Site or the Account, such as periodic Transaction histories, it is User’s responsibility to check the Account for current information.
c) Independent Contractor. Neither party has any right to create any obligations on the part of the other party, without the other’s prior written consent. Nothing in this Agreement or the course of dealing of the parties shall be construed to constitute the parties hereto as partners, joint ventures or as agents or employees of one another or as authorizing either party to obligate the other in any manner.
d) Amendments to this Agreement. From time to time Mesh will post amendments or revisions to this Agreement on the Site, by e-mail or through the Account. Mesh will provide notice of these amendments or revisions to User through the Site, by e-mail or through the Account. Such amendments share take effect thirty (30) days following being posted to the Site or the Account or such shorter time as may be necessary to comply with Applicable Law or Payment Network rules. Other than as provided in this section, this Agreement may not be amended except by express consent of both parties through the Site or by such other means as Mesh may reasonably prescribe. Notwithstanding the foregoing, Mesh reserves the right, without any prior notice or consent, to change the method of access to Mesh Services or the Account. In the event of an emergency, Mesh reserves the right to suspend access the Mesh Services.
e) Assignment. None of User or any of its successors may assign this Agreement, or any rights hereunder, directly or by operation of Applicable Law, without the prior written consent of Mesh which consent may be withheld for any reason, at Mesh’s sole discretion. Mesh may assign any of its rights or obligations hereunder without prior notice to or consent of User. Mesh reserves the right to perform some of all of its obligations under this Agreement through subcontractors.
f) Successors. This Agreement and the provisions hereof shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
g) Severability. If any provision of this Agreement is held invalid or unenforceable by an arbitrator, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable and binding on the parties.
h) Governing Law. This Agreement shall be governed exclusively pursuant to the laws of the State of New York, without giving effect to its conflicts of laws rules.
i) Arbitration and Waiver of Jury Trial. Any dispute arising out of this Agreement will be settled, exclusively, by binding arbitration in English by one (1) arbitrator who is a practicing New York attorney, in New York, New York, to be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The parties each waive the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration or any other representative proceeding with respect to this Agreement; and EACH PARTY REPRESENTS THAT COUNSEL HAS BEEN CONSULTED SPECIFICALLY AS TO THIS WAIVER.
j) Whole Agreement. References to “this Agreement” include any Account preferences, Agreement schedules, supplementary agreements, addendum, appendixes and amendments and any other agreements, schedules appendixes and amendments promulgated by Mesh and furnished to User from time to time. This Agreement replaces any earlier versions hereof appearing on the Site or otherwise.
k) Survival. The following Sections shall survive termination of this Agreement: 3 Intellectual Property Rights in Services, 5 Security, 6 Prohibited Activities, 7 Prohibited Users, 14 User Representations, 16 Term and Termination, 17 Confidentiality, 18 Indemnification, 19 Limitation of Liability, 20 General and 21 No termination of this Agreement shall affect agreements formed through the Contract Formation Service.
- Regulatory Disclosure
Mesh is not a bank, provider of prepaid access, emoney issuer, payment institution, Card issuer or money transmitter. Mesh collects, stores and discloses Data as a service to the User hereunder. Notwithstanding the foregoing, Mesh operates pursuant to an anti-money laundering program and will monitor User Account activity and Transactions for compliance with such policy.
- API Integration
Subject to prior approval of Mesh, User may implement and maintain a technical integration of User’s computing platform (“User Platform”) to Mesh’s platform (the “Mesh Platform”) (such integration being, the “API Integration”). If Mesh approves User for an API Integration, then the following provisions apply.
a) License. Mesh grants User a limited, non-exclusive, non-transferable, non-sublicensable, revocable licenses to (i) use the documentation provided by Mesh with respect to implementing an API Integration (the “Documentation”) internally solely in connection with developing API Integration; (ii) copy and modify any sample code provided by Mesh (“Sample Code”) strictly for the purpose of developing API Integration; and (iii) incorporate unmodified libraries of sample data provided by Mesh (“Libraries”) and modified or unmodified Sample Code into API Integration and redistribute such Libraries and Sample Code as part of API Integration only. Use of the Documentation does not guarantee that the API Integration will work or be to the satisfaction of the User, as User carries the sole responsibility for the creation, implementation and operation of the API Integration.b)Restrictions. User covenants that User will not (and will not authorize any third party to) directly or indirectly: (i) redistribute, sell, lease, license, copy, publicly perform or display, transmit, publish, edit, adapt, create derivative works of, modify or otherwise use or exploit in any manner any portion of the Mesh Platform, the Mesh Services, the Documentation, Sample Code or Libraries or any related non-public information, except as expressly provided herein or as may be expressly approved by Mesh in advance, (ii) distribute, deploy, or otherwise utilize the API Integration for any purpose other than to facilitate User’s use of the Mesh Services, (iii) copy, frame or display any elements of the Mesh Services through the API Integration, except as expressly authorized by Mesh in writing, or (iv) access the Mesh Platform for competitive analysis or disseminate performance information (including uptime, response time and/or benchmarks) relating to the Mesh Platform or Mesh Services. If the API Integration does not meet Mesh security and compliance standards, Mesh may immediately suspend access to the API Integration without notice to User.c)Security. User is responsible for maintaining compliance with applicable Rules National Automated Clearing House Association (“NACHA”), and any other applicable network bylaws and operating regulations, including security standards, PCI Data Security Standards (“PCI DSS”), federal, state, and local laws and regulations relating to the Mesh Services and Mesh Platform, and Mesh’s procedures (as may be modified by Mesh at its sole discretion provided such modifications apply to all customers and do not alter the terms or conditions of this Agreement); provided, however, Mesh will provide Mesh’s procedures to User and will provide reasonable notice to User of any such modifications to such procedures. User shall implement reasonably appropriate security procedures designed to prevent (i) unauthorized access to the Mesh Platform through computer hardware and software systems which are owned or controlled by User; (ii) unauthorized access to or use of the Mesh Platform by the User’s current and former personnel; and (iii) use of the API Integration via harvesting bots, robots, spiders, or scrapers. User shall ensure that, throughout the Term, all communications networks and devices used by it or its Third Party Providers to receive or send Data, including the Internet and any virtual private network, shall conform to the specifications for such networks and devices as prescribed by Mesh, from time to time. Mesh reserves the right to change all or part of the protocols and the network configuration used by Mesh in providing the Mesh Platform at its sole discretion. During or following the Term, User shall permit Mesh to itself or use a third party to review the systems and practices of User to verify their compliance with the terms hereof. To the extent that any such review reveals a breach of this Agreement by User, User shall, without limitation, be liable for the cost of such review.d)Responsibility for API Integration. User is exclusively responsible, at its own expense, for the creation, implementation and operation of the API Integration. With respect to such API Integration and the Data transmitted by use of the same, User agrees: (i) to retrieve Data only to the extent enabled by another user of Mesh or Mesh itself and to ensure that all Data is collected, processed, transmitted, maintained and used in accordance with (x) all Applicable Laws and Rules and (y) reasonable measures that protect the privacy and security of Data; (ii) not to use, transfer or sell Data for purposes other than the Mesh Services (e.g., targeting ads, market research, email campaign tracking and other unrelated purposes are prohibited); (iii) to access only the Data necessary to implement the API Integration and use the Mesh Services in respect of the payee on whom the Data is accessed; and (iv) not to make any part of the Mesh Services or any Card acquired in relation thereto available for use by any third party. To access Data from the API Integration, the API Integration may need to meet certain minimum security standards, and User agrees to demonstrate that it meets such standards upon request.
The following defined terms are used in this Agreement:“Account” means an account made available by Mesh to User through which User can transmit instructions or receive information in relation to the Mesh Services.“ACH” means the Automated Clearing House.“Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person’s principal partners, shareholders, or owners of some other ownership interest. “API” means application programming interface.“Applicable Laws” shall mean laws, statutes, codes, ordinances, orders, decrees, rules, regulations, and municipal bylaws, whether domestic, or foreign, all judgments, orders, writs, injunctions, decisions, rulings, decrees, and awards of any government authority having jurisdiction over Mesh, Issuer, User or Customers.“Balance” or “Card Account” means an account at Issuer where User may deposit or spend funds in accordance with the Cardholder Agreement.“Card” means a Payment Network branded virtual payment card, the issuance or use of which is compatible with the Mesh Services.“Cardholder” means the Person that is party to a Cardholder Agreement with an Issuer.“Cardholder Agreement” means the agreement between User and an Issuer concerning the issuance and use of a Card.“Customer” means a client, supplier or other business relation of the User.“Data” means User Data, Mesh Data or both.“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
“Issuer” means a member of a Payment Network licensed to issue payment Cards that are compatible with such Payment Network.
“MasterCard” means MasterCard International, Incorporated.
“Mesh Data” means information supplied to or received from the Mesh Services, which may be provided to or received from User, a Payments Provider, a Third Party Servicer or Mesh, through the Account or otherwise.
“Payment Network” means Visa U.S.A., Inc., Visa International, Inc., MasterCard International, Inc., and any other credit or debit card issuing company.
“Payment Services” means the services of Payments Providers pursuant to Payments Provider Agreements, which might, at the discretion of User and the Payments Provider, include Card issuing, payment processing, emoney issuing, or other payment and related services.
“Payment Transaction” means a transaction involving the payment of funds, load of a Card, spending of funds on a Card or spending of other User funds by way of User using a Payments Provider.
“Payments Provider Agreement” means an agreement between User and a Payments Provider concerning the supply of Payment Services, such as the Cardholder Agreement.
“Payments Provider” means a third party which is also party to a Payments Provider Agreement with User and is acting in that capacity.
“Person” is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, other forms of entity, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives thereof, acting in such capacity.
“Rules” means the rules and regulations of Payment Networks, such as they may be from time to time.
“Site” means meshpayments.com or such other sites through which the Mesh Services are made available.
“Substantial Change” means any change which imposes a material additional obligation on User or takes away any of User’s material rights under the Agreement.
“Term” means the period of time during which the Agreement is in effect.
“Third Party Servicer Agreement” means an agreement between User and a Third Party Servicer for the supply of Third Party Services to User.
“Third Party Servicer” means a third party retained by User to provide services to User which may or may not be integrated with the Mesh Services. Each Payments Provider is a Third Party Servicer. A Customer could be, at the discretion of User, a Third Party Servicer.
“Third Party Services” means services of Third Party Servicers provided to User under a Third Party Servicer Agreement.
“Transaction” means information transmitted or attempted to be transmitted by way of the Mesh Services to, from or between User, a Payments Provider, another Third Party Servicer or Mesh.
“User Data” means information supplied to or received from the User, which may be provided to or received from the Mesh Services, a Payments Provider, a Third Party Servicer or Mesh, through the Account or otherwise.
“User Financial Account” means a bank or other payment account of the User designated by the User in the Account that is also acceptable to Mesh.
“Visa” shall mean VISA USA Incorporated or one of its Affiliates, licensees or licensors.
“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following:
- any act that is illegal in the United States or in the jurisdiction where the Person carrying out the activity is resident, domiciled or located;
- betting, including lottery tickets, casino gaming chips, off-track betting, memberships on gambling-related internet sites and wagers at races;
- credit counseling or repair agencies;
- credit protection or identity theft protection services;
- virtual currency, crypto currency, digital currency;
- direct marketing or subscription offers;
- inbound or outbound telemarketing businesses including lead generation businesses;
- internet, mail or telephone order pharmacies or pharmacy referral services;
- items that encourage, promote, facilitate or instruct others to engage in illegal activity;
- items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics;
- items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
- items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
- items that promote, support or glorify acts of violence or harm towards self or others;
- live animals;
- payment aggregators;
- purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses;
- unregulated sales of money-orders or foreign currency;
- using the Mesh Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
- using the Mesh Services in a manner that Mesh or any Payment Network reasonably believes to be an abuse of the payment card system or a violation of Rules;
- using the Mesh Services in any manner that could damage, disable, overburden, or impair Mesh including, without limitation, using the Mesh Services in an automated manner;
- using the Mesh Services in violation of the terms of this Agreement, as reasonably determined by Mesh;
- using the Mesh Services that in any way assists User or others in the violation of any law, statute or ordinance;
- using the Mesh Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs;
- using the Mesh Services to control an account that is linked to another account that has engaged in any of the foregoing activities;
- using the Mesh Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about users, registered recipients, or third parties without their consent;
- using the Mesh Services to intentionally interfere with another user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
- using the Mesh Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others;
- using the Mesh Services to send or receive what Mesh considers to be funds for something that may have resulted from fraud or other illegal behavior;
- using the Mesh Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- weapons including replicas and collectible items;
- wire transfer money orders; or
- using the Mesh Services on behalf of third parties.
Updated April 26, 2021