Legal / Terms

Terms of service

Last updated 2026-04-24

These terms govern your use of WhileSmart Pay as a merchant. By creating an account or integrating with our API, you agree to them.

Who can use the service

You must be at least eighteen years old and legally able to enter into contracts. If you're signing up for a company, you must be authorized to bind that company. We reserve the right to decline or suspend accounts that don't pass our verification checks or operate in prohibited business categories.

Fees and payouts

Processing fees are set out on the pricing page or in your custom agreement if you have one. We deduct fees before settling funds to your payout accounts. Payout timing depends on the rail and the destination bank; median settlement is under nine minutes for local rails.

Your responsibilities

  • Keep your API keys and webhook secrets confidential. Treat them like production credentials.
  • Only charge customers for goods or services you actually deliver. Refunds, chargebacks, and disputes are your responsibility.
  • Follow applicable laws, including KYC, AML, tax, and data protection rules for your jurisdiction.
  • Don't use the service for prohibited activities (gambling without a license, fraud, adult content without our written consent, other categories restricted by card networks or mobile money operators).

Suspension and termination

We may suspend or terminate your account for violation of these terms, suspected fraud, or regulatory reasons. Funds held at the time of suspension are returned once investigations are complete, subject to network and regulator holds.

Service availability

We target 99.98% uptime on a 90-day rolling basis. Scheduled maintenance is announced in advance. We are not liable for downstream outages caused by a partner bank, card network, or mobile money operator, though we will communicate and do our best to route around them.

Liability

Our total liability for any claim arising from your use of the service is limited to the fees you paid us in the three months preceding the claim. We are not liable for indirect, incidental, or consequential damages.

Changes

We may update these terms. Material changes are announced at least thirty days before they take effect. Continuing to use the service after the effective date means you accept the updated terms.

Contact

Questions about these terms: legal@whilesmart.com.