Express Pay Terms & Conditions
These Express Pay Terms & Conditions govern the use of Captivated’s Express Pay feature and supplement the Captivated Subscription Agreement.
By enabling, accessing, or using Express Pay, you agree to these Express Pay Terms & Conditions. If you do not agree, do not use Express Pay.
These Express Pay Terms & Conditions are incorporated into and form part of the Captivated Subscription Agreement. In the event of a conflict, these terms govern Express Pay functionality.
1. Overview of Service
Express Pay enables Captivated customers to request and collect payments through supported communication channels, including text messaging, chat, and other supported payment experiences.
Express Pay is powered through integrations with third-party providers, including Stripe and Plaid, and is intended to support remote payment collection rather than replace card-present payment systems.
2. Standard Processing Fees
- Credit Card: 3.5% + $0.35 per transaction
- ACH: 0.9% + $1.50 per transaction
- Fees may vary based on volume or specific commercial terms
3. Fee Handling and Participation
Customers may choose to absorb payment processing fees, partially offset such fees, or pass fees to the payee, subject to platform settings and applicable law.
Fee participation settings are configured by the customer inside the Captivated platform and may be adjusted by authorized administrators.
4. Payouts
Payouts are processed through Stripe and deposited to the customer’s designated account in accordance with Stripe’s payout timing and procedures.
Typical payouts are made within approximately two business days, though actual timing may vary based on third-party payment processors, banks, and related infrastructure providers.
5. Convenience Fees, Surcharges, and Payment Structure
Express Pay may support configurations in which a payee is offered different payment options, including ACH and credit card.
Depending on customer configuration, certain payment methods may include fees or charges passed to the payee. These fees may be described as convenience fees, service fees, surcharges, or similar terms depending on the applicable jurisdiction, payment channel, and card network rules.
Customers are solely responsible for determining which fee model, if any, is permissible for their specific use case and jurisdiction.
6. Compliance and Fee Responsibility
The application of convenience fees, surcharges, service fees, or other charges passed to a payee may be subject to federal law, state law, card network rules, and regulatory changes over time.
Customer is solely responsible for:
- determining whether any fees are permitted in the applicable jurisdiction
- ensuring compliance with applicable laws, regulations, and card network requirements
- properly configuring fee settings within the Captivated platform
- providing any required disclosures to payees
- determining whether a fee qualifies as a convenience fee, surcharge, service fee, or other fee type
7. Platform Limitation
Captivated does not provide legal advice and does not determine whether a customer’s fee structure is lawful or compliant.
Captivated does not validate or enforce compliance on a transaction-by-transaction basis and does not guarantee that any fee configuration complies with applicable laws or card network rules.
8. Liability Disclaimer
Captivated shall not be responsible for any claims, fines, penalties, disputes, regulatory actions, damages, liabilities, or expenses arising from a customer’s implementation or use of fees through Express Pay.
This includes, without limitation, claims arising from improper fee configuration, inadequate disclosures, card network rule violations, or violations of state or federal law.
9. Customer Control of Fee Settings
Customers acknowledge that fee settings are controlled within the platform by the customer and its authorized users.
Captivated has no control over whether fees are enabled, how they are calculated, or how they are disclosed once configured by the customer.
10. Third-Party Dependencies
Express Pay relies on third-party providers and infrastructure, including but not limited to Stripe, Plaid, card networks, financial institutions, and banking systems.
Captivated is not responsible for payment failures, delays, network issues, bank-side errors, payment holds, or card declines caused by such third parties.
11. Disputes and Chargebacks
Customers are responsible for handling disputes, chargebacks, and any related customer communications or supporting documentation.
Dispute-related fees charged by the payment processor may apply.
12. Indemnification
Customer agrees to indemnify, defend, and hold harmless Captivated and its affiliates from and against claims, liabilities, damages, penalties, costs, and expenses arising from misuse of Express Pay, improper fee application, non-compliance with applicable law, failure to obtain required consent, or unlawful or misleading payment practices.
13. Limitation of Liability
To the fullest extent permitted by law, Captivated shall not be liable for indirect, incidental, consequential, or special damages arising out of or related to Express Pay. Any liability of Captivated remains subject to the limitations of liability set forth in the Captivated Subscription Agreement.
14. Term and Termination
Express Pay operates on a month-to-month basis unless otherwise agreed in writing.
Express Pay requires an active Captivated subscription and may be terminated in accordance with the applicable subscription terms.
15. Changes to These Terms
Captivated may update these Express Pay Terms & Conditions from time to time to reflect changes in applicable law, card network rules, third-party provider requirements, or platform functionality. Continued use of Express Pay constitutes acceptance of the updated terms.