MagicPay

Applicant Terms and Conditions

Version 1.0 — effective November 11, 2026

These Applicant Terms and Conditions ("Terms") govern your use of the MagicPay onboarding portal and any application you start or submit through it. By ticking the box, or by continuing an application, you agree to these Terms on your own behalf and on behalf of the business you apply for. If you don't agree, don't use the portal.

1. Who we are

"MagicPay", "we" and "us" mean MagicPay Merchant Services, LLC, a Florida limited liability company, 4710 NW 2nd Ave, Suite 101, Boca Raton, FL 33431, USA, together with its affiliates, including DISP MP Soluciones, S. de R.L. de C.V., Manzana 329 Lote 9, Carretera Federal Cancún–Tulum, Edif. Terramar, Local 36AB, El Tigrillo, Playa del Carmen, Solidaridad, Quintana Roo 77717, México, for applicants in Mexico. MagicPay is an independent sales organization and reseller. It is not a bank. Merchant accounts are provided by payment processors and their sponsor banks ("Providers"), under their own agreements.

2. Who these Terms cover

"You" means the person using the portal and the business they apply for (the "Business"), including each owner, officer, guarantor and authorized signer named in the application. A sales partner or representative who fills in an application for a merchant agrees to these Terms for their own use of the portal, and confirms they have the merchant's permission to do so.

3. What the portal is for

The portal lets you apply for one or more of the following (each a "Service"): a merchant account to accept card and other electronic payments; payment gateway, point-of-sale or other payment software; payment terminals and related equipment, bought, leased, rented or financed; and related services offered by MagicPay or its Providers.

4. No guarantee of approval

Submitting an application is a request, not an agreement to provide a Service. MagicPay and each Provider may approve, decline, approve with conditions (such as a reserve, deposit, processing limits or a personal guarantee), or close any application, in their sole discretion, and are not required to give a reason except where the law requires it. Pricing shown during the application is a proposal until the final agreement is signed. Approval by one Provider doesn't mean approval by another.

5. Your promises

You confirm that:

  1. You are at least 18 years old (or the age of majority where you live) and have authority to apply for and bind the Business.
  2. Everything you provide, including documents, is true, complete, current and genuinely yours or the Business's. Uploaded documents are unaltered.
  3. You have the consent of every owner, guarantor and other person whose information you provide, and you have told them how it will be used as described in the Privacy Policy.
  4. The Business is legally formed and in good standing, and its activities are lawful wherever it operates.
  5. You will tell us promptly if anything in your application changes before approval.

Providing false or misleading information may lead to a decline, closure of any account, reporting to card networks and to the MATCH list or similar industry databases, and referral to law enforcement.

6. Verification and checks

You authorize MagicPay and its Providers to verify your identity, the Business and the information you provide, as set out in the Waiver, Release and Authorizations. This may include identity verification with photo ID and selfie; bank account verification; tax ID matching with the IRS or other tax authorities; business registry, sanctions (OFAC and similar), fraud and industry database checks; site inspections; and credit reports.

7. Electronic communications and signatures

You agree to receive the application, notices, disclosures and agreements electronically, and to sign electronically. Electronic signatures and records have the same effect as signed paper originals under the U.S. E-SIGN Act, Canada's and its provinces' electronic commerce laws, and Mexico's Commercial Code (Código de Comercio) provisions on electronic messages. You consent to MagicPay contacting you by email, phone and text message about your application, including by automated means, as described in the magicpay.net Terms of Use. Marketing messages are sent only if you opt in, and you can opt out at any time.

8. Account security

You must keep access codes and links sent to you private. You are responsible for all activity under your access. Tell us immediately at info@MagicPay.net if you think someone else has used it.

9. Your information

MagicPay collects, uses, stores and shares your information as described in the Privacy Policy, which is part of these Terms. If these Terms and the Privacy Policy conflict on how personal information is handled, the Privacy Policy controls.

10. Third parties

To provide the portal and evaluate applications, MagicPay uses third parties such as Providers, identity and bank verification services (including Plaid), tax ID verification services, credit bureaus, e-signature, messaging, document-reading and hosting providers. Their services are governed by their own terms. MagicPay is not responsible for their acts or omissions, except where the law says otherwise.

11. Acceptable use

You won't misuse the portal: no false identities, no uploading malware or files you have no right to share, no attempts to access other applicants' information, no automated scraping, and no interference with security or other users.

12. Intellectual property

The portal and its content belong to MagicPay or its licensors. You get a limited, revocable, non-transferable right to use it only to apply for Services.

13. Disclaimers

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, MAGICPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, MAGICPAY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OR DATA, ARISING FROM THE PORTAL, AN APPLICATION OR ITS OUTCOME, EVEN IF ADVISED OF THEIR POSSIBILITY. MAGICPAY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PORTAL OR AN APPLICATION WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some places don't allow these limits, so some may not apply to you.

15. Indemnity

You will defend, indemnify and hold harmless MagicPay and its affiliates, officers, employees, agents and Providers from any claims, losses, fines, penalties and costs (including reasonable attorneys' fees) arising from information you provide, your breach of these Terms, or your violation of law or of anyone's rights.

16. Governing law and courts

These Terms are governed by the laws of the State of Florida, USA, and applicable U.S. federal law, without regard to conflict-of-laws rules, consistent with the magicpay.net Terms of Use. You and MagicPay submit to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, and waive any objection to venue there. This applies wherever you are located, except where a law that can't be waived gives you the right to bring a claim in your own country or province.

17. Jury-trial waiver

TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND MAGICPAY EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING FROM OR RELATING TO THESE TERMS, THE PORTAL OR AN APPLICATION.

18. Class-action waiver

TO THE FULLEST EXTENT ALLOWED BY LAW, ANY DISPUTE WILL BE BROUGHT ONLY IN YOUR OR THE BUSINESS'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION OR MASS PROCEEDING. No court may consolidate claims of more than one person or preside over any form of representative proceeding.

19. Time limit for claims

Any claim relating to the portal or an application must be filed within one (1) year after it arose, unless a shorter period applies or the law doesn't allow this limit.

20. Relationship to other agreements

These Terms cover the application process. Once you are approved, the merchant application and agreement you sign with MagicPay and the Provider, the magicpay.net Terms of Use, and any equipment, software or financing agreement govern those Services. If one of those agreements conflicts with these Terms on a Service, that agreement controls for that Service.

21. Changes

MagicPay may update these Terms. The version in effect when you submit your application applies to it; we'll ask you to accept material changes before you continue an application you started under an earlier version.

22. General

If any part of these Terms is unenforceable, the rest stays in effect, and the unenforceable part is limited to the minimum extent needed. MagicPay may assign these Terms; you may not without our written consent. Failure to enforce a provision is not a waiver. These Terms, the Privacy Policy and the Waiver, Release and Authorizations are the entire agreement about the portal. The English version controls if a translation differs, except where local law requires the local-language version to control.

23. Contact

MagicPay Merchant Services, LLC, Legal Department, 4710 NW 2nd Ave, Suite 101, Boca Raton, FL 33431, USA · info@MagicPay.net