PLEASE READ THESE TERMS CAREFULLY. These Terms of Use contain a binding arbitration provision and a class action waiver (Section 20) that affect your legal rights. They also limit our liability to you (Section 17). By accessing or using the Services, you agree to be bound by these Terms.
1. Acceptance of These Terms
These Terms of Use (“Terms”) constitute a legally binding agreement between you and Cobalt Payments Inc. (“Company,” “Cobalt Payments,” “we,” “us,” or “our”) governing your access to and use of the Cxbolt Payment Gateway mobile and web application (the “Application”), our website at www.cobaltpayments.com, and the payment processing, gateway, invoicing, reporting, and related services made available through them (collectively, the “Services”).
By downloading, installing, registering for, accessing, or using the Services — or by clicking “I agree,” creating an account, or submitting a merchant application — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not access or use the Services.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity, and “you” and “your” refer to both you individually and that entity.
2. Definitions
- “Merchant” means a business or individual approved to accept payments through the Services.
- “Cardholder” or “Customer” means an end user whose payment is submitted for processing through the Services.
- “Third-Party Payment Processors” means the PCI DSS-certified payment processors, acquiring banks, gateways, and card network-approved service providers that capture, tokenize, encrypt, authorize, and settle payment transactions.
- “Card Network Rules” means the bylaws, rules, regulations, and operating guidelines of the payment card networks (including Visa, Mastercard, American Express, and Discover) and of NACHA for ACH transactions, each as amended from time to time.
- “Sensitive Cardholder Data” has the meaning given in Section 6 and in our Privacy Policy.
- “Transaction” means any payment, authorization, capture, sale, refund, void, chargeback, or settlement processed through the Services.
3. Eligibility and Accounts
3.1 Eligibility
You must be at least eighteen (18) years of age, have the legal capacity to enter into a binding contract, and reside or operate in a jurisdiction where the Services are offered. The Services are intended for business and commercial use by lawfully operating businesses located in the United States. You may not use the Services if you are barred from doing so under applicable law, are listed on any sanctions or prohibited-parties list, or have previously been terminated by the Company.
3.2 Registration and Accuracy
To use the Services you must register an account and, where applicable, complete a merchant application. You agree to provide accurate, current, and complete information and to keep it updated. Providing false, misleading, or incomplete information is grounds for immediate suspension or termination.
3.3 Account Security
You are responsible for safeguarding your login credentials, API keys, device tokens, and terminal credentials, and for all activity that occurs under your account, whether or not authorized by you. You agree to enable multi-factor authentication where offered, to notify us immediately at support@cxbolt.com of any unauthorized access or suspected security breach, and to maintain the confidentiality of any secret keys issued to you. You may authorize additional users (such as team members or employees) to access your account; you remain fully responsible for their actions and for ensuring their compliance with these Terms.
4. Description of the Services
The Services provide a payment gateway and merchant-management platform that enables approved Merchants to accept and manage electronic payments, including card-present and card-not-present transactions, virtual terminal payments, invoicing and accounts-receivable tools, recurring billing and subscriptions, payment links, point-of-sale features, reporting, and related account-management functionality. The specific features available to you depend on your account configuration, your approved processing platform, and your agreements with the applicable Third-Party Payment Processors and acquiring banks.
The Company acts as a technology and gateway provider that facilitates the routing, management, and reconciliation of Transactions. The Company is not a bank, and does not itself acquire, hold, or settle funds unless expressly stated in a separate written agreement. Authorization, clearing, settlement, and funding of Transactions are performed by Third-Party Payment Processors and acquiring banks and are subject to their agreements, the Card Network Rules, and applicable law.
5. Merchant Obligations and Prohibited Uses
5.1 General Obligations
You agree to use the Services only for lawful business purposes and in compliance with these Terms, the Card Network Rules, PCI DSS, all applicable federal, state, and local laws, and the requirements of the applicable Third-Party Payment Processors and acquiring banks. You agree to submit only bona fide Transactions arising from your own business, to accurately describe the goods or services sold, to honor your posted refund and return policies, and to provide reasonable customer support to your Customers.
5.2 Prohibited and Restricted Businesses
You may not use the Services to facilitate transactions for businesses or activities prohibited or restricted by the Card Network Rules, the Third-Party Payment Processors, or applicable law. Prohibited activities include, without limitation: illegal goods or services; unlicensed money transmission, virtual currency exchange, or money-services-business activity; unlawful gambling; adult content prohibited by the Card Networks; counterfeit or intellectual-property-infringing goods; controlled substances and drug paraphernalia; the sale of firearms, ammunition, or weapons in violation of law; pyramid, Ponzi, or multi-level-marketing schemes; deceptive or predatory practices; and any transaction designed to launder money, evade sanctions, or finance terrorism.
5.3 Prohibited Conduct
You agree not to: (a) submit Transactions that you know or should know to be fraudulent, unauthorized, or not for a bona fide sale; (b) “factor” or process Transactions on behalf of another party or for a business other than the one approved; (c) split a single Transaction into multiple Transactions to evade limits; (d) impose surcharges, fees, or minimums except as permitted by the Card Network Rules and applicable law; (e) use the Services to test stolen or randomly generated card numbers (“card testing”); (f) attempt to disrupt, probe, reverse engineer, decompile, scrape, or gain unauthorized access to the Services or their underlying systems; (g) introduce malware or interfere with the integrity or performance of the Services; or (h) use the Services in a manner that could damage, disable, or overburden the Services or expose the Company or any Third-Party Payment Processor to liability.
6. Sensitive Cardholder Data and Card Network Rules
IMPORTANT. Raw card numbers, full primary account numbers (PANs), card verification values (CVV/CVC/CVV2), magnetic-stripe and EMV chip data, and PIN blocks (collectively, “Sensitive Cardholder Data”) are never transmitted to, processed by, or stored on any system owned or operated by Cobalt Payments. All Sensitive Cardholder Data is captured, tokenized, and encrypted by PCI DSS-certified Third-Party Payment Processors at the point of capture. See our Privacy Policy for details.
Your acceptance of payment cards is also governed by the Card Network Rules and by your agreement(s) with the applicable Third-Party Payment Processors and acquiring banks. To the extent of any conflict between these Terms and the Card Network Rules, the Card Network Rules control with respect to card acceptance. You agree to comply with PCI DSS and to protect any cardholder data you may handle outside of the Services (for example, data you key into a virtual terminal), and you acknowledge that you, not the Company, are responsible for such data within your own environment.
7. Underwriting, Verification, and Compliance
Your access to certain Services is subject to approval. As part of underwriting and ongoing monitoring, and to comply with the Bank Secrecy Act, anti-money-laundering (“AML”) laws, “Know Your Customer” (“KYC”) requirements, the Corporate Transparency Act, and sanctions programs administered by the U.S. Office of Foreign Assets Control (“OFAC”), you authorize the Company and its partners to: (a) verify the information you provide; (b) obtain credit reports and background checks on the business and its beneficial owners and principals; (c) screen you against sanctions and prohibited-parties lists; and (d) request additional documentation at any time. You agree to cooperate promptly with such requests. We may decline, condition, suspend, or terminate your access based on the results of underwriting, risk assessment, or compliance screening, in our sole discretion and consistent with applicable law.
8. Fees, Settlement, Reserves, Chargebacks, and Refunds
8.1 Fees
You agree to pay all fees, discount rates, assessments, and charges applicable to your account, as set out in your pricing schedule, merchant application, or a separate written agreement. Fees may include processing fees, gateway fees, monthly and per-transaction fees, chargeback and retrieval fees, and pass-through Card Network assessments. We (or the applicable Third-Party Payment Processor) may deduct fees from your settlement funds or debit your designated bank account. Fees are non-refundable except as required by law or as expressly stated.
8.2 Settlement and Funding
Settlement and funding of Transactions are performed by the Third-Party Payment Processors and acquiring banks and are subject to their timelines, holds, and agreements. The Company does not guarantee any particular settlement time and is not responsible for delays, holds, or funding decisions made by those parties.
8.3 Reserves and Holds
The Company or a Third-Party Payment Processor may establish a reserve, place a hold on funds, or delay settlement to protect against actual or anticipated chargebacks, refunds, fines, fraud, or other liabilities, in accordance with applicable agreements and the Card Network Rules.
8.4 Chargebacks and Disputes
You are responsible for all chargebacks, reversals, returns, refunds, fines, penalties, and assessments arising from your Transactions, together with related fees. You authorize us and the Third-Party Payment Processors to recover such amounts by deduction from settlement funds, from your reserve, or by debiting your designated bank account. Excessive chargeback or fraud ratios may result in additional fees, reserves, or termination.
8.5 Refunds and Taxes
You are solely responsible for issuing refunds in accordance with your policies and applicable law, and for determining, collecting, reporting, and remitting all taxes associated with your sales. The Company does not provide tax, legal, or accounting advice.
9. License to Use the Application
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application and Services for your internal business purposes. You may not: (a) copy, modify, or create derivative works of the Services; (b) rent, lease, lend, sell, resell, sublicense, or otherwise commercially exploit the Services; (c) reverse engineer, decompile, or disassemble any part of the Services except to the extent such restriction is prohibited by law; (d) remove or obscure any proprietary notices; or (e) use the Services to build a competing product. All rights not expressly granted are reserved by the Company.
10. Intellectual Property
The Services, including all software, source code, designs, text, graphics, logos, trademarks, and other content (excluding your own data and content), are owned by the Company or its licensors and are protected by intellectual property laws. “Cobalt Payments,” “Cxbolt,” and associated logos are trademarks of the Company. Nothing in these Terms grants you any right, title, or interest in the Services or the Company’s intellectual property other than the limited license expressly set forth herein.
11. Your Content and Data
You retain ownership of the data and content you submit to the Services (“Your Content”), including business information, customer records, and Transaction records. You grant the Company a worldwide, royalty-free license to host, use, reproduce, process, and transmit Your Content solely as necessary to provide, secure, and improve the Services, to comply with law, and as otherwise described in our Privacy Policy. You are responsible for the accuracy, quality, and legality of Your Content and for obtaining all consents required to provide it to us. We may generate and use aggregated, anonymized, or de-identified data derived from use of the Services as described in the Privacy Policy.
12. Third-Party Services
The Services rely on and integrate with third parties, including Third-Party Payment Processors, acquiring banks, card networks, hardware and device providers, and other vendors. Your use of those third-party services may be subject to separate terms and privacy policies, and the Company is not responsible for the acts, omissions, products, or services of third parties. Links or integrations to third-party sites or services do not constitute an endorsement, and you access them at your own risk.
13. App Store Terms
If you download the Application from the Apple App Store or Google Play, you acknowledge that these Terms are between you and the Company only, not with Apple Inc. or Google LLC, and that those platform providers are not responsible for the Application or its content. The applicable platform provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of the Application must also comply with the applicable App Store or Google Play terms of service. To the extent Apple’s standard Licensed Application End User License Agreement imposes requirements (including regarding maintenance, support, warranty, and product claims), those requirements are incorporated by reference, and as between the Company and Apple, the Company is solely responsible for the Application.
14. Suspension and Termination
You may stop using the Services and close your account at any time, subject to the completion of pending Transactions and settlement of outstanding obligations. We may suspend, restrict, or terminate your access to all or part of the Services, with or without notice, if: (a) you breach these Terms or any applicable agreement, law, or Card Network Rule; (b) we are directed to do so by a Third-Party Payment Processor, acquiring bank, card network, or regulator; (c) your account presents fraud, credit, legal, security, or reputational risk; (d) your chargeback or fraud activity is excessive; or (e) required for the security or integrity of the Services. Upon termination, your license to use the Services ends immediately. Provisions that by their nature should survive termination — including fees owed, indemnification, disclaimers, limitations of liability, dispute resolution, and reserve/chargeback obligations — will survive.
15. Service Availability and Changes
We may modify, enhance, suspend, or discontinue any part of the Services at any time. We may perform scheduled or emergency maintenance that temporarily limits availability. While we strive for high availability, the Services are provided on an “as available” basis and we do not warrant uninterrupted or error-free operation. Unless otherwise stated in a separate written agreement, we make no specific uptime or service-level commitment.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS. NO ADVICE OR INFORMATION OBTAINED FROM THE COMPANY CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO THE COMPANY FOR THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR SECURITY OF ANY THIRD-PARTY PAYMENT PROCESSOR, ACQUIRING BANK, CARD NETWORK, OR OTHER THIRD PARTY, INCLUDING WITH RESPECT TO SENSITIVE CARDHOLDER DATA THAT NEVER ENTERS THE COMPANY’S ENVIRONMENT. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and suppliers from and against any and all claims, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms, the Card Network Rules, or applicable law; (c) your Transactions, including chargebacks, refunds, fines, and disputes; (d) Your Content or the goods or services you sell; or (e) your violation of the rights of any third party. This indemnity is in addition to, and does not limit, any indemnification obligations you may have to the Third-Party Payment Processors or acquiring banks.
19. Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Connecticut, without regard to its conflict-of-laws principles, and by applicable U.S. federal law. Subject to the arbitration provision below, the state and federal courts located in Connecticut will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue there.
20. Dispute Resolution; Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. This Section requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action.
Informal Resolution. Before initiating any formal proceeding, you agree to first contact us at support@cxbolt.com and give us at least thirty (30) days to resolve the dispute informally.
Binding Arbitration. Except for claims that qualify for small-claims court and claims seeking injunctive relief for intellectual-property infringement or unauthorized access, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration will be conducted in the English language and seated in Connecticut, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
Class Action Waiver. You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.
Opt-Out. You may opt out of this arbitration provision by sending written notice to support@cxbolt.com within thirty (30) days of first accepting these Terms. If you opt out, or if this arbitration provision is found unenforceable, disputes will be resolved in the courts identified in Section 19.
21. SMS / Text Messaging Terms
Program description. Cobalt Payments operates a text-messaging program through which we send transactional SMS messages — principally electronic receipts, payment confirmations, and related transaction notifications — to customers on our own behalf and on behalf of the merchants with whom they transact. These messages are informational and transactional; they are not marketing messages.
Consent. By providing your mobile telephone number in connection with a transaction, or where you are otherwise prompted, and by affirmatively opting in, you consent to receive transactional text messages from or on behalf of Cobalt Payments and the applicable merchant at the number you provide, including messages delivered by an automatic telephone dialing system. You represent that you are the subscriber or customary user of, and are authorized to enroll, that number. Consent to receive text messages is not a condition of any purchase.
Message frequency and rates. You will receive a text message only when you request a receipt or confirmation at the time of a transaction; we operate no subscription and send no recurring or marketing text messages. Message and data rates may apply in accordance with your mobile carrier plan, and you are responsible for any such charges.
Opt-out and help. You may cancel text messages at any time by replying STOP to any message from the program. After you send STOP, we will send a one-time opt-out confirmation and will not send further texts unless you opt back in by replying START. For assistance, reply HELP or contact us at support@cxbolt.com. Opting out of texts does not affect your ability to receive receipts by other means, such as email, or to complete pending transactions.
Delivery. Mobile carriers are not liable for delayed or undelivered messages, and message delivery is subject to effective transmission by your carrier and is not guaranteed.
Privacy. Information collected in connection with the SMS program is handled in accordance with our Privacy Policy. Your mobile opt-in information and consent will not be shared with third parties or affiliates for their marketing or promotional purposes.
22. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by posting the revised Terms with an updated effective date and, where appropriate, by additional notice within the Application or by email. Changes are effective upon posting unless otherwise stated. Your continued access to or use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.
23. General Provisions
- Entire Agreement. These Terms, the Privacy Policy, and any pricing schedule, merchant application, or separate written agreement between you and the Company (or a Third-Party Payment Processor) constitute the entire agreement regarding the Services and supersede all prior understandings.
- Order of Precedence. In the event of a conflict, a signed written agreement between you and the Company controls over these Terms, and the Card Network Rules control over both with respect to card acceptance.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary.
- No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Force Majeure. The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, outages, network or processor failures, labor disputes, or governmental action.
- Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and the Company.
- Notices. We may provide notices to you by email, through the Application, or by posting on our website. You may send notices to us at the contact details below.
24. Contact Information
If you have questions about these Terms, please contact us at:
Cobalt Payments Inc.
Attn: Legal Department
Email: support@cxbolt.com
Website: www.cobaltpayments.com
See also our Privacy Policy.
© 2026 Cobalt Payments Inc. All rights reserved.