TERMS OF SERVICE
SOFT PAY LLC
Effective Date: August 15, 2025
Last Updated: August 15, 2025
1. INTRODUCTION AND ACCEPTANCE
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and SOFT PAY LLC ("Company," "we," "us," or "our"), a Delaware limited liability company. SOFT PAY LLC is a Money Services Business (MSB) registered with the Financial Crimes Enforcement Network (FinCEN) under registration number 31000307011822.
By accessing, using, or registering for our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use our services.
2. COMPANY INFORMATION
Legal Name: SOFT PAY LLC
Business Type: Money Services Business (MSB)
FinCEN Registration Number: 31000307011822
Principal Business Address: 1001 S MAIN ST. STE 600, KALISPELL, MT 59901, USA
Customer Service Contact: +1 917 352 8427
3. SERVICES PROVIDED
SOFT PAY LLC provides money transmission and payment processing services, including but not limited to:
Electronic money transfers
Bill payment services
Digital wallet services
Merchant payment processing
Currency exchange services (where licensed)
Prepaid access programs
All services are provided in compliance with federal and state money services business regulations.
4. ELIGIBILITY AND ACCOUNT REQUIREMENTS
4.1 Eligibility
To use our services, you must:
Be at least 18 years of age
Have the legal capacity to enter into binding agreements
Provide accurate and complete registration information
Maintain current and accurate account information
Not be located in a restricted jurisdiction
Not appear on any sanctions lists or be subject to economic sanctions
4.2 Account Verification
You agree to provide all documentation reasonably requested for identity verification, including but not limited to:
Government-issued photo identification
Social Security number or Individual Taxpayer Identification Number
Proof of address
Additional documentation as required by law or our risk management policies
4.3 Prohibited Users
We reserve the right to refuse service to:
Individuals or entities on sanctions lists
Users in jurisdictions where we are not licensed to operate
Users who have violated these Terms or applicable laws
Users engaged in high-risk activities as determined by our risk assessment
5. CUSTOMER IDENTIFICATION PROGRAM (CIP)
As required by federal law, we maintain a Customer Identification Program. You acknowledge and agree that:
We may verify your identity using third-party databases
We may request additional documentation at any time
Account limitations may apply until verification is complete
We may close accounts that cannot be properly verified
6. ANTI-MONEY LAUNDERING (AML) AND COMPLIANCE
6.1 AML Compliance
We maintain comprehensive Anti-Money Laundering policies and procedures. You agree to:
Provide accurate information regarding the source of funds
Cooperate with our compliance investigations
Report suspicious activities as required by law
Comply with all applicable money laundering laws
6.2 Suspicious Activity Reporting
We are required to monitor transactions and report suspicious activities to appropriate authorities. You acknowledge that we may:
Monitor all transactions
Report suspicious activities without notification
Freeze accounts pending investigation
Cooperate with law enforcement agencies
6.3 Record Keeping
We maintain records of all transactions and customer information as required by federal and state regulations, including the Bank Secrecy Act.
7. TRANSACTION LIMITS AND RESTRICTIONS
7.1 Transaction Limits
We impose the following limits, which may be modified based on verification level and risk assessment:
Daily transaction limits as disclosed in your account
Monthly transaction limits as disclosed in your account
Per-transaction limits based on service type
Cumulative limits over specified time periods
7.2 Restricted Transactions
Prohibited transactions include:
Illegal gambling activities
Purchases of illegal goods or services
Money laundering or terrorist financing
Transactions involving sanctioned countries or individuals
Activities that violate intellectual property rights
Adult entertainment services (where restricted by payment networks)
8. FEES AND CHARGES
8.1 Service Fees
Current fees are disclosed on our website and in your account dashboard. Fees may include:
Transaction fees
Monthly maintenance fees
Currency conversion fees
Expedited service fees
Account closure fees
8.2 Fee Changes
We reserve the right to modify fees with thirty (30) days' prior notice. Continued use of services after fee changes constitutes acceptance of new fees.
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.
9.2 Information Sharing
We may share customer information:
As required by law or regulation
With service providers and business partners
In connection with business transfers
With consent for marketing purposes
To prevent fraud or illegal activities
10. SECURITY AND ACCOUNT PROTECTION
10.1 Account Security
You are responsible for:
Maintaining confidentiality of account credentials
Notifying us immediately of unauthorized access
Using strong passwords and security measures
Regularly monitoring account activity
10.2 Security Measures
We implement industry-standard security measures, but cannot guarantee complete security. You acknowledge the inherent risks of electronic transactions.
11. ERROR RESOLUTION AND DISPUTE PROCEDURES
11.1 Error Reporting
Report errors or discrepancies within sixty (60) days of the statement date or discovery of the error.
11.2 Investigation Process
We will investigate reported errors and provide provisional credit where appropriate under applicable law.
11.3 Dispute Resolution
Disputes will be resolved through:
Direct communication with customer service
Internal escalation procedures
Regulatory complaint processes where applicable
Arbitration as specified in Section 19
12. INTELLECTUAL PROPERTY
All intellectual property rights in our services, technology, and materials belong to SOFT PAY LLC or our licensors. You may not:
Copy, modify, or distribute our proprietary materials
Reverse engineer our technology
Use our trademarks without authorization
Create derivative works based on our services
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 Disclaimer of Warranties
Services are provided "as is" without warranties of any kind, express or implied.
13.2 Limitation of Damages
Our liability is limited to the amount of the specific transaction in question. We are not liable for:
Indirect, incidental, or consequential damages
Lost profits or business opportunities
Damages exceeding fees paid in the twelve months preceding the claim
14. INDEMNIFICATION
You agree to indemnify and hold harmless SOFT PAY LLC, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:
Your use of our services
Violation of these Terms
Violation of applicable laws
Infringement of third-party rights
15. ACCOUNT TERMINATION
15.1 Termination by Customer
You may terminate your account at any time with written notice, subject to completion of pending transactions.
15.2 Termination by Company
We may terminate accounts:
For violation of these Terms
For regulatory compliance reasons
For suspicious or illegal activity
Upon thirty (30) days' notice without cause
15.3 Effect of Termination
Upon termination:
Pending transactions will be completed or canceled
Remaining balances will be returned per applicable law
All rights and obligations survive as specified herein
16. REGULATORY COMPLIANCE
16.1 Licensing
We maintain all required federal and state licenses for money services business operations.
16.2 State Regulations
Services may vary by state based on local licensing requirements and regulations.
16.3 International Transactions
International services are subject to additional regulations, including OFAC sanctions and export controls.
17. FORCE MAJEURE
We are not liable for delays or failures due to circumstances beyond our reasonable control, including:
Natural disasters
Government actions or regulations
Technical failures or cyber attacks
Labor disputes or strikes
Acts of war or terrorism
18. MODIFICATIONS TO TERMS
We may modify these Terms at any time with thirty (30) days' prior notice. Material changes will be communicated through:
Email notification
Website posting
In-app notifications
Account dashboard messages
Continued use after modifications constitutes acceptance of revised Terms.
19. DISPUTE RESOLUTION AND ARBITRATION
19.1 Binding Arbitration
Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
19.2 Class Action Waiver
You waive the right to participate in class actions or representative proceedings.
19.3 Exceptions
The following matters are excluded from arbitration:
Individual claims in small claims court
Injunctive relief for intellectual property violations
Regulatory enforcement actions
20. GOVERNING LAW
These Terms are governed by the laws of the State of Montana, without regard to conflict of law principles. Federal law applies where applicable to money services business operations.
21. SEVERABILITY
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions remain in full force and effect.
22. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and SOFT PAY LLC.
23. CONTACT INFORMATION
For questions regarding these Terms or our services:
SOFT PAY LLC
1001 S MAIN ST. STE 600
KALISPELL, MT 59901, USA
Email: legal@thesoftpay.com
Phone: +1 917 352 8427
Customer Service Hours: Monday - Friday, 8:00 AM to 6:00 PM EST
ACKNOWLEDGMENT: By using SOFT PAY LLC services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.