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Fortemax Pay Terms of Service

Effective Date: September 1, 2025

Welcome to www.fortemaxpay.com (the “Site”), operated by Fortemax Pay LLC, a Delaware corporation (“Fortemax,” “Fortemax Pay,” “we,” or “us”). This page explains the terms by which you may use the financial technology services we make available to you on our Site or through our mobile or web-based applications (collectively, the "Services").

By submitting your application to obtain an account with us ("Account") and to use the Services, you signify that you have read, understood, and agree to be bound by these Fortemax Pay Terms of Service ("Agreement"), any applicable Account Agreements, Card Agreements, Wallet or Custody Agreements, the deposit or settlement account agreements of our banking or licensed financial partners, other applicable terms referenced and incorporated herein, and the collection and use of your information as set forth in the Fortemax Pay Privacy Policy. You also agree to receive all notices and communications from us electronically. Fortemax reserves the right to make unilateral modifications to these terms and will provide notice by posting an updated version on our legal page.

"Company" or "You" means the legal entity or individual applying for or that has opened an Account to use the Services. If you are applying on behalf of a business, you represent and warrant that you are an authorized representative with authority to bind the Company to this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER.

  1. Scope of the Services; Use of the Services; Eligibility
    1. Eligibility

      This is a contract between you and Fortemax. You must read and agree to these terms before using the Services. If you do not agree, you may not apply for an Account or use the Services.

      You must:

      • Be at least 18 years old;
      • Have legal capacity to enter into a binding agreement;
      • Not be located in, or a resident of, any jurisdiction subject to comprehensive U.S. sanctions;
      • Use the Services only in compliance with this Agreement and all applicable local, state, national, and international laws.

      Certain Services may have additional eligibility requirements depending on jurisdiction, transaction type, or partner constrains

    2. Scope of the Services

      Your Account provides access to various financial technology services, which may include:

      • Digital wallets (including fiat and digital asset wallets);
      • Peer-to-peer and cross-border payments;
      • Fiat-to-digital-asset and digital-asset-to-fiat settlement (e.g., USDC);
      • Merchant, API-based, or business payment services;
      • Any other features we may offer from time to time in our sole discretion.

      Fortemax Pay is not a bank. Banking, custody, settlement, card issuance, and compliance services are provided by licensed third-party financial institutions ("Financial Services Providers").

    3. Applying for an Account

      When you apply for an Account, you must provide accurate and complete information ("Account Information"), which may include:

      • Legal name, address, date of birth, and contact information;
      • Government-issued identification;
      • Business registration documents (if applicable);
      • Ownership and control information;
      • Source-of-funds and transaction purpose disclosures.

      We share Account Information with Financial Services Providers and compliance vendors to verify eligibility, prevent fraud, and comply with AML, CTF, and sanctions laws. You authorize us to obtain additional information from third parties, including credit bureaus and identity databases, for risk and compliance purposes.

    4. Account Management and Security

      You are responsible for all activity on your Account and for safeguarding your credentials. You must notify Fortemax immediately of any unauthorized access or security breach. We are not liable for losses resulting from unauthorized use unless required by law.

    5. Prohibited Use

      You may not use the Services:

      • For any unlawful purpose;
      • For sanctions evasion or dealings with prohibited persons;
      • For fraud, money laundering, or terrorist financing;
      • On behalf of third parties without authorization;
      • In a manner inconsistent with this Agreement.
    6. Acceptable Use

      You agree not to use the Services for restricted or high-risk activities, including but not limited to:

      • Illegal goods or services;
      • Unlicensed financial services;
      • Gambling or betting where unlawful;
      • Adult entertainment;
      • Firearms, weapons, or controlled substances;
      • Hate, harmful, or exploitative activities.

      We may suspend or terminate Accounts that violate this section at our sole discretion.

  2. The Fortemax Pay Services
    1. Wallet and Settlement Accounts

      Your wallet or settlement account is maintained with a licensed Financial Services Provider and subject to their terms. Funds may be held in pooled accounts for the benefit of customers, subject to partner disclosures and regulatory requirements.

    2. Cards (If applicable)

      Your Account may provide access to virtual or physical payment cards issued by a partner bank. Use of cards is subject to cardholder agreements and spending limits based on available balances.

    3. Digital Asset Transactions

      Digital asset transactions (e.g., USDC) are irreversible once initiated. You acknowledge the risks of digital assets, including volatility, network failures, and regulatory changes.

  3. Fees and Payment
    1. Fees

      You agree to pay all applicable fees disclosed prior to a transaction. Fees may include transaction fees, FX spreads, network fees, or partner charges.

    2. Payment and Set-off

      We may debit fees from your Account balance. You grant us a right of set-off to collect amounts owed.

  4. Proprietary Rights
    1. Limited License

      You are granted a limited, revocable, non-transferable license to use the Services. All intellectual property ("Fortemax IP") remains the exclusive property of Fortemax or its licensors.

    2. Feedback

      Any feedback you provide may be used by Fortemax without compensation or restriction.

    3. Copyright Complaints

      DMCA notices may be sent to:
      Email: legal@fortemaxpay.com

  5. Data and Privacy

    Your use of the Services is subject to the Fortemax Pay Privacy Policy. You consent to the collection, use, and processing of data in the United States and other jurisdictions where our partners or we operate.

  6. Third-Party Services

    We are not responsible for third-party services, websites, or partners. Your use of third-party services is at your own risk and subject to their terms.

  7. Indemnification

    You agree to indemnify and hold harmless Fortemax, its affiliates, partners, and service providers from claims arising from your use of the Services or violation of this Agreement.

  8. No Warranty

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.

  9. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTEMAX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED $100 USD, EXCEPT WHERE PROHIBITED BY LAW.

  10. Term and Termination

    This Agreement remains effective until terminated by you or Fortemax. We may suspend or terminate Accounts for compliance, security, or legal reasons.

  11. Governing Law, Arbitration, and Class Action Waiver

    This Agreement is governed by the laws of the State of Delaware. Disputes shall be resolved by binding individual arbitration, and you waive the right to jury trial and class actions.

  12. Communications

    You consent to receive electronic communications, including SMS, email, and in-app notifications. Message and data rates may apply.

  13. General

    This Agreement constitutes the entire agreement between you and Fortemax regarding the Services. If any provision is unenforceable, the remainder shall remain in effect.

  14. Partners

    Fortemax Pay works with licensed banks, custodians, payment processors, blockchain infrastructure providers, and compliance partners to deliver the Services.
    Contact:
    support@fortemaxpay.com
    https://www.fortemaxpay.com