Endeavorcode LLC Terms & Conditions

1. Acceptance of Terms

By accessing or using the FloPay platform (“Platform,” “Services,” or “FloPay”), you (“Merchant,” “User,” or “You”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you may not access or use the Services.

2. Description of Services

FloPay provides payment-orchestration tools, messaging and communication features, analytics dashboards, and related integrations with third-party financial institutions, processors, and software providers. FloPay does not act as a bank, processor, or lender.

3. Third-Party Integrations

The Platform may integrate with third-party services, including but not limited to payment processors, banks, CRM systems, chargeback tools, and messaging providers. FloPay does not control or operate third-party services.

FloPay is not responsible for performance, availability, security, or policies of third-party services. Merchant acknowledges that use of third-party integrations is at Merchant’s own risk.

4. Service Availability & Downtime Disclaimer

FloPay does not guarantee uninterrupted or error-free operation of the Platform.

No Liability for Downtime

FloPay shall not be liable for any losses, damages, lost revenue, lost data, or business interruption arising from:

• Platform downtime or outages
• Third-party service outages
• Internet or network failures
• Maintenance or upgrades
• Force majeure events

Merchant agrees that no legal action, claim, or damages may be pursued against FloPay related to service interruptions, delays, or failures.

5. Pre-Application & Data Submission Authorization

Merchant acknowledges and authorizes FloPay to:

Collect, store, and transmit Merchant-provided information for underwriting, pre-approval, or risk evaluation. Share Merchant data with multiple banks, processors, sponsors, or financial institutions for purposes of pre-approval, merchant account evaluation, or related services. Use submitted information to match merchants with suitable providers.

Merchant represents that all submitted data is accurate and that Merchant has the authority to provide such information.

6. Limitation of Liability

To the fullest extent permitted by law:

FloPay’s total liability shall not exceed the fees paid by Merchant in the previous 3 months. FloPay shall not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost business opportunities.

7. Indemnification

Merchant agrees to indemnify and hold harmless FloPay, its officers, partners, and employees from claims arising out of Merchant’s misuse of the Platform, violation of law, or inaccurate data submission.

8. No Financial or Legal Advice

FloPay does not provide legal, tax, underwriting, or financial advice. Merchants should consult qualified professionals before making financial decisions.

9. Modifications to Terms

FloPay reserves the right to modify these Terms at any time. Continued use of the Platform constitutes acceptance of revised Terms.

10. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. Any legal action, suit, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah. Each party irrevocably consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

11. Force Majeure

FloPay is not responsible for delays or failures due to events outside its reasonable control, including natural disasters, war, labor disputes, or infrastructure failures.