Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Merchant", "you", or "your") and Kiofe B.V. ("Kiofe", "we", "us", or "our"), governing your access to and use of Kiofe's payment processing services, APIs, dashboard, and related tools (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Eligibility

To use Kiofe's Services, you must:

• Be at least 18 years of age
• Be a legally registered business entity or sole proprietor
• Provide accurate and complete registration information, including valid KYC documentation
• Not be located in a country subject to international sanctions or embargoes
• Not engage in any prohibited business activities as outlined in Section 6

3. Account Registration and Security

When creating a Kiofe account, you agree to:

• Provide truthful, accurate, and complete information during registration and KYC verification
• Maintain the confidentiality of your account credentials, API keys, and webhook secrets
• Immediately notify Kiofe of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account
• Keep your account information up to date, including business address, banking details, and contact information

Kiofe reserves the right to suspend or terminate accounts that provide false or misleading information, fail to complete KYC verification, or violate these Terms.

4. Payment Processing Services

Kiofe provides the following services subject to these Terms:

5. Fees and Pricing

By using Kiofe's Services, you agree to pay the fees applicable to your account as published on our pricing page or as agreed in a separate contract. Key terms include:

• Transaction fees are deducted automatically from each settlement
• There are no monthly fees, setup fees, or minimum volume requirements on standard plans
• Chargeback fees of €15 per chargeback apply and are non-refundable, even if the chargeback is resolved in your favor
• Currency conversion fees may apply for multi-currency transactions
• Kiofe reserves the right to modify fees with 30 days' prior written notice

6. Prohibited Activities

You may not use Kiofe's Services for any of the following activities:

• Illegal products or services, including controlled substances
• Money laundering, terrorist financing, or sanctions evasion
• Gambling without proper licensing and regulatory approval
• Adult content or services that violate applicable laws
• Multi-level marketing or pyramid schemes
• Counterfeit goods or intellectual property infringement
• Weapons, ammunition, or explosives
• Any business that violates Kiofe's Acceptable Use Policy or applicable payment network rules
• Fraudulent transactions, including self-funding and credit card testing

Kiofe reserves the right to immediately suspend or terminate your account if prohibited activities are detected, and to report such activities to relevant authorities.

7. Reserves and Holds

Kiofe may establish a reserve or hold on your account funds in certain circumstances, including:

• High chargeback rates exceeding card network thresholds
• Suspected fraudulent activity or terms violations
• Significant changes in transaction volume or patterns
• Regulatory requirements or requests from banking partners

We will notify you of any reserve requirements and work with you to resolve the underlying issues. Reserves are typically released after a review period and upon resolution of the triggering conditions.

8. API and Integration Terms

When using Kiofe's API, SDKs, or integrations, you agree to:

• Use the API in accordance with our documentation and rate limits
• Maintain secure handling of API keys and never expose them in client-side code
• Implement proper error handling and idempotency in your integration
• Keep your integration up to date with the latest API version within a reasonable timeframe
• Not reverse-engineer, decompile, or attempt to extract source code from our Services
• Not use the API to build a competing payment processing service

9. Data Protection and Security

You acknowledge and agree that:

• You will comply with all applicable data protection laws, including GDPR, when processing personal data through Kiofe
• You will not store, log, or retain full card numbers, CVV codes, or other sensitive authentication data
• You will use Kiofe's hosted payment forms or tokenization to handle card data, minimizing your PCI scope
• You will implement appropriate security measures to protect your integration and customer data
• You will promptly notify Kiofe of any data breach that may affect Kiofe's Services or customer data

For more information on how we handle data, please refer to our Privacy Policy.

10. Intellectual Property

All rights, title, and interest in the Services, including software, APIs, documentation, trademarks, and logos, are owned by Kiofe or its licensors. These Terms do not grant you any rights to use Kiofe's brand, trademarks, or logos without prior written consent.

You retain ownership of your content and data. By using the Services, you grant Kiofe a limited license to process, store, and transmit your data solely for the purpose of providing the Services.

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Kiofe provides the Services "as is" and "as available" without warranties of any kind, whether express or implied
• Kiofe shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Kiofe's total aggregate liability shall not exceed the fees paid by you to Kiofe during the twelve (12) months preceding the claim
• Kiofe is not liable for losses caused by events beyond our reasonable control, including downtime of third-party payment networks, banking systems, or payment processing infrastructure

12. Indemnification

You agree to indemnify, defend, and hold harmless Kiofe, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Services or violation of these Terms
• Your products or services sold through Kiofe
• Any dispute between you and your customers
• Your violation of any applicable law or regulation
• Your negligence or willful misconduct

13. Termination

Either party may terminate these Terms at any time with 30 days' written notice. Kiofe may immediately suspend or terminate your access to the Services if:

• You breach any material provision of these Terms
• You engage in prohibited activities
• Your chargeback rate exceeds acceptable thresholds
• Required by law, regulation, or our banking/payment network partners
• Continued service poses a risk to Kiofe, its partners, or the financial system

Upon termination, Kiofe will settle any remaining funds owed to you, minus any reserves, fees, refunds, or chargebacks. Sections relating to liability, indemnification, and dispute resolution survive termination.

14. Dispute Resolution

Any disputes arising from these Terms shall be governed by the laws of the Netherlands. The parties agree to first attempt to resolve disputes through good-faith negotiation. If a dispute cannot be resolved within 30 days, it shall be submitted to the competent courts in Amsterdam, the Netherlands.

15. Modifications to Terms

Kiofe reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or through your merchant dashboard. Your continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you may terminate your account before the changes take effect.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and Kiofe
• Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision
• Assignment: You may not assign these Terms without Kiofe's prior written consent. Kiofe may assign these Terms in connection with a merger, acquisition, or sale of assets
• Force Majeure: Neither party shall be liable for failures caused by circumstances beyond reasonable control, including natural disasters, pandemics, government actions, or disruptions to internet or telecommunications infrastructure

17. Contact Us

If you have questions about these Terms, please contact us: