1. Agreement
These Terms of Service (“Terms”) govern NKS Pay, the payment processing service provided by North Key Systems Inc. (“NKS,” “we,” “us,” or “our”). By applying for or using NKS Pay, you agree to these Terms. If you apply on behalf of a business, you represent that you can bind that business, and “you” includes that business.
Card processing is provided through Finix Payments, Inc. (“Finix”). You must also accept the Finix Terms of Service when you apply. If these Terms and Finix’s terms conflict on processor matters, Finix’s terms control for that processor relationship.
2. The service
NKS Pay lets eligible restaurants accept card payments in person and online in connection with NKS POS and related products. Approval is not guaranteed. We or Finix may request more information, decline an application, limit processing, or end the service to meet underwriting, risk, or legal requirements.
3. Your responsibilities
- Provide accurate business, owner, bank, and processing information and keep it current.
- Use the service only for lawful sales of your disclosed goods and services.
- Honor refund, return, and receipt rules you advertise to guests.
- Keep card data out of email, chat, and unapproved systems. Do not store full card numbers.
- Respond promptly to disputes, retrievals, and information requests.
- Pay fees, chargebacks, fines, and negative balances as described in the fee disclosure and your merchant agreement.
4. Prohibited use
You will not use NKS Pay to process transactions that are illegal, misrepresented, factoring for another business, or otherwise barred by card-brand or Finix rules. We may suspend processing immediately if we reasonably believe this section is violated.
5. Fees, payouts, and reserves
Fees are described at nkspay.com/fees and in your application. We may settle funds to the bank account you designate on a rolling basis. We or Finix may hold a reserve, delay payout, or offset amounts you owe if there is chargeback, fraud, or credit risk.
6. Data & privacy
We process application and transaction data to provide the service, meet legal duties, and prevent fraud. See the NKS Privacy Policy. Finix and the card networks also process data as independent controllers or processors under their own notices.
7. Intellectual property
NKS and its licensors own NKS Pay, NKS POS, and related branding. These Terms do not grant you rights in our trademarks except to identify that you accept NKS Pay.
8. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NKS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted authorizations, payouts, or terminal connectivity.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NKS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO NKS PAY WILL NOT EXCEED THE PROCESSING FEES YOU PAID TO NKS FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
10. Indemnification
You will defend and indemnify NKS against claims, damages, and expenses arising from your transactions, your guest-facing offerings, your violation of these Terms or law, or your failure to respond to disputes.
11. Term & termination
These Terms apply while you use NKS Pay. Either party may end the service as allowed by your merchant agreement. We may suspend or end processing immediately for unpaid amounts, legal risk, or material breach. Sections that by nature should survive will survive.
12. Changes
We may modify these Terms. We will post the update on this page and change the effective date. Continued use after the change becomes effective is acceptance, except where additional consent is required by law.
13. Governing law
These Terms are governed by the laws of the State of Indiana, excluding conflict of law rules. Courts in Clark County, Indiana will have exclusive jurisdiction, except that NKS may seek injunctive relief in any jurisdiction for misuse or intellectual-property claims.
14. Contact
Legal questions:
legal@nkspos.com
or
support@nkspos.com.
North Key Systems Inc., 6725 Stacy Rd, Charlestown IN 47111.
Phone (855) 767-7366.