Terms of Service

1. Who we are

FlyThePay is a trading name of Clearpoint Data LLC, a limited liability company organized under the laws of the State of Wyoming, United States (Wyoming Secretary of State filing ID 2026-002036826, organized on 22 July 2026). Our principal office is at 1021 E Lincolnway #10515, Cheyenne, WY 82001, United States. Our registered agent in Wyoming is FBRA LLC, 1023 E Lincolnway, Cheyenne, WY 82001, United States.

In these terms, "FlyThePay", "we", "us" and "our" mean Clearpoint Data LLC. "You" means the business that accesses this website or applies for an account, and the individual acting on its behalf.

You can contact us at sales@flythepay.com.

2. What these terms cover

These terms apply to (a) your use of flythepay.com and any page, content or form we publish on it, and (b) the account application and onboarding process, including know-your-business (KYB) checks.

They do not create a merchant relationship. Payment processing, Merchant of Record services, fees, reserves, payout schedules and chargeback handling are governed exclusively by the Merchant Agreement and its schedules. If there is a conflict between these terms and a signed Merchant Agreement, the Merchant Agreement prevails.

3. Eligibility

Our services are offered to businesses only, not to consumers. By applying you confirm that:

• you are at least 18 years old and legally able to bind the business you represent;
• the business is duly organized and in good standing in its jurisdiction;
• the business, its owners and its directors are not subject to sanctions administered by the United States, the European Union, the United Kingdom or the United Nations, and are not located in a country or territory subject to comprehensive sanctions;
• the products or services you intend to sell are legal in every jurisdiction where you offer them and comply with our Acceptable Use Policy.

4. Application and onboarding

When you apply, you must give us accurate, current and complete information about the business, its ownership, its products, its sales volumes and its processing history, and you must keep that information up to date.

We will ask for supporting documents, which may include corporate records, government-issued identification of directors and beneficial owners, bank account details, processing statements, website and product samples, and refund and delivery policies. We may verify this information with third parties, including identity verification providers, credit bureaus, card network databases and public registers.

Submitting an application does not guarantee approval. We may approve, decline or request further information at our sole discretion, and we are not obliged to give reasons. Approved merchants receive a Merchant Agreement that sets out their individual fee, reserve and payout terms.

You must not apply on behalf of another business, resell our services, or use an approved account to process transactions for any business other than the one we approved (transaction laundering).

5. The Merchant of Record model

Under the Merchant Agreement, FlyThePay acts as the Merchant of Record: we appear as the seller in the transaction with the end customer, we collect payment in our name, we calculate and remit applicable transaction taxes, we handle refunds and chargebacks with the card networks, and we pay you the net proceeds. You remain the supplier of the product or service and are responsible for its quality, delivery, legality and customer support.

Nothing on this website is an offer to act as Merchant of Record for a particular business until a Merchant Agreement has been signed by both parties.

6. Acceptable use

Your use of this website and of any account is subject to our Acceptable Use Policy, which is part of these terms. We may suspend or terminate access and, for approved merchants, exercise any remedy in the Merchant Agreement if you breach it.

You must not attempt to gain unauthorised access to our systems, probe or scan them for vulnerabilities without written permission, introduce malicious code, scrape the website at scale, or use it in any way that could damage, disable or impair it.

7. Intellectual property

The FlyThePay name, logo, website design, text, graphics, code samples and documentation are owned by Clearpoint Data LLC or its licensors and are protected by copyright, trademark and other laws. You may view and print pages for your own evaluation of our services. Any other use, including reproduction, modification or distribution, requires our written consent.

Third-party names and marks that appear on the website (such as card schemes and payment methods) belong to their respective owners and are shown for identification only. Their appearance does not imply endorsement or partnership.

8. Confidentiality

Information we exchange during your application, including proposed pricing, reserve terms and any risk assessment, is confidential. Neither party will disclose it to third parties except to professional advisers, as required by law, or as needed to perform the onboarding, and each party will protect it with at least reasonable care.

9. No warranties

The website and its content are provided "as is" and "as available". Information about approval rates, coverage, payment methods, timelines and pricing is indicative and describes what we can typically offer, not what will be offered to you. We may change, suspend or remove any part of the website at any time.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be uninterrupted, error-free or secure, or that your application will be approved.

10. Limitation of liability

To the fullest extent permitted by law, Clearpoint Data LLC and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business or data, arising out of or relating to the website or the application process, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these terms will not exceed one hundred US dollars (USD 100). Liability under a signed Merchant Agreement is governed by that agreement. Nothing in these terms excludes liability that cannot be excluded under applicable law, including liability for fraud.

11. Indemnity

You will indemnify and hold harmless Clearpoint Data LLC and its members, managers, employees and agents from any claim, loss, liability, fine or expense (including reasonable legal fees) arising from your breach of these terms, from inaccurate or misleading information you provide during onboarding, or from your products, services or business practices.

12. Governing law and disputes

These terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these terms or the website will be brought exclusively in the state or federal courts located in Laramie County, Wyoming, and you consent to their jurisdiction. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13. Changes to these terms

We may update these terms from time to time. The effective date at the top of the page shows when the current version took effect. Continued use of the website after a change means you accept the updated terms. Material changes to a signed Merchant Agreement are made only as that agreement provides.

14. General

If any provision of these terms is held unenforceable, the remaining provisions stay in force. Our failure to enforce a provision is not a waiver. You may not assign these terms without our written consent. These terms, the Acceptable Use Policy and the Privacy Policy are the entire agreement between you and us regarding the website and the application process.

Questions about these terms: sales@flythepay.com.