Last Revision Date: December 30, 2024
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY—THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN US TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.
By accessing the services provided by Printech Global Secure Payment Solutions LLC, doing business as CashCloud (“CashCloud”), through our website located at getcashcloud.com (the “Website”) or using the services available through the Website and associated software (collectively, the “Services”), you agree to and are bound by the terms and conditions of this Terms of Service Agreement (the “Agreement”). If you do not agree to this Agreement, do not use the Services. This Agreement is a legal contract between CashCloud and you and, as applicable, any person or organization for which you act (a “Client/Payor”). The words “we,” “us,” and “our” refer to CashCloud.
Please note that Seacoast National Bank (“Seacoast Bank”) may enforce any provisions of this Agreement related to banking services or payment processing provided through Seacoast Bank, including but not limited to ACH processing on behalf of our clients. Seacoast Bank and CashCloud’s other partner banks are collectively referred to herein as the “Banks.”
CashCloud may modify this Agreement at any time in its sole discretion by updating this posting. If material changes are made, we will take reasonable steps to notify you of any amendments, such as through email or a notice on the Website. Your continued use of the Services after a modification signifies your agreement to the updated terms. If you have any questions about this Agreement, please contact us at: support@getcashcloud.com.
Description of the Services. CashCloud provides services that enable U.S.-based businesses (“Payors”) to transmit payments for commercial purposes to business recipients (“Payees”). Through the CashCloud platform, Payors can initiate and manage payments to Payees via ACH, paper check, and electronic check (eCheck). Payors may connect their accounting or ERP systems to CashCloud, allowing seamless bill creation, invoice uploading, and payment scheduling. CashCloud also partners with third-party vendors to facilitate print and mail services, enabling both standard and expedited check printing and mailing.
Accepted Payment Methods. CashCloud enables Payors to make payments via ACH, paper check, and eCheck. Payees can receive payments via these same methods, including options for standard and expedited check printing and mailing.
Fund Ownership. Payments processed through CashCloud do not pass into CashCloud’s legal ownership from payment initiation to successful delivery, including any subsequent refunds. All funds managed within the CashCloud platform are held in designated accounts by CashCloud’s bank partner, Seacoast National Bank, for the benefit of CashCloud customers. You grant CashCloud the authority to direct Seacoast National Bank on the use of funds in these accounts, including receiving funds from you and remitting payment to your Payees based on your instructions.
An Independent Third-Party. CashCloud is an independent, third-party service provider and is not affiliated with Payees or other recipients of funds. Your use of the CashCloud platform does not create a tri-party agreement between you, CashCloud, and your Payees. CashCloud and Seacoast National Bank are not responsible or liable for obligations between Payors and Payees, including but not limited to payment terms, quality of goods or services, and any associated disputes that may arise. Your use of CashCloud services does not alter or affect any payment terms established between you and your Payees.
Agent of Payee; Receipt of Funds. When CashCloud receives payments on behalf of Payees, you appoint CashCloud to act as the Payee’s agent for the sole purpose of receiving funds from you. CashCloud’s receipt of funds will be deemed as receipt by the Payee, satisfying your payment obligation to the extent of funds received. Beyond receiving funds on behalf of Payees, CashCloud does not act as their agent and is not liable for the goods or services provided by the Payee.
Eligibility Requirements. To use the CashCloud Services, you must (i) be an individual of at least 18 years of age and able to form legally binding contracts under applicable law, (ii) have a valid and active email address, (iii) use the Services on behalf of a business entity domiciled in the United States, and (iv) have a valid deposit account at a bank supported by CashCloud. Additional restrictions may apply based on business type and other criteria set by CashCloud.
Creating an Account. To access the Services, you must create an account (“Account”). This requires you to provide personal and business information, including a valid email address, name, business information, and a secure password (“Registration Information”). You may also be prompted to select a Subscription Plan (see CashCloud’s available plans at https://www.getcashcloud.com/pricing ). You agree to provide accurate and complete Registration Information and to promptly update any changes. You are responsible for maintaining the confidentiality of your password and other login details and for all activity associated with your Account. CashCloud is not liable for losses or damages arising from unauthorized access due to your failure to protect your Account credentials. Subscription Plans renew automatically unless you cancel in accordance with Section 22 below.
Multiple Users. If you select a Subscription Plan that allows for multiple users, you may authorize additional persons to access the Services on behalf of your business (“Authorized Users”). You are responsible for managing Authorized Users, setting permissions, and promptly deactivating any users no longer authorized to access your Account. All actions by Authorized Users are deemed actions by you, and you are responsible for ensuring compliance with this Agreement.
Privacy; Identity Authentication. Personal Information provided through the Services is governed by our Privacy Policy, incorporated by reference. By using the Services, you agree to CashCloud’s Privacy Policy. CashCloud or its third-party providers, such as Persona, may verify your identity or your business's identity as needed for compliance. If identity verification fails, CashCloud reserves the right to deny or limit use of the Services.
Linking a Payment Method. Upon creating your Account, you may link various payment methods, including a deposit account. CashCloud uses Flinks to connect to your financial institution and retrieve necessary account information. By using Flinks, you grant CashCloud and Flinks the authority to act on your behalf to access and transmit your financial information. You agree to your personal and business financial data being transferred and processed by Flinks, governed by the Flinks Privacy Policy . Payment methods saved to your Account are used to facilitate payments within the platform.
Payment Method Verification. After adding a Bank Account, CashCloud may verify the account with micro-deposits. You authorize CashCloud to initiate these deposits and a subsequent debit for the verification amount. This validation process ensures your payment method is active and correctly linked.
Payment Method Representations. By adding a payment method to your Account, you confirm that:
Existing Payment Method Terms. The terms for your payment method, such as transaction limits and fees, apply to payments made through the Services. CashCloud may impose additional transaction limits or restrictions. You agree to abide by these terms and ensure sufficient funds are available for payment obligations.
Payment Method Restrictions. CashCloud may place a hold on your payment method for review to prevent fraud and comply with legal obligations. You may be required to provide additional information during the review process. CashCloud reserves the right to restrict or deny use of specific payment methods at its discretion.
Recipient Setup. To use the Services, Payors may add Recipients (referred to as “Payees,” “Vendors,” or “Suppliers” within the CashCloud platform) by entering payment details. The Payor is responsible for verifying accuracy and authorizing CashCloud to send an email invitation to the Recipient if applicable. CashCloud will validate Recipient information to support payments; if validation fails, payments may be delayed or require alternative arrangements.
Remote Capture Service. CashCloud may provide a feature allowing you to capture invoices using the camera on your mobile device or computer (“Remote Capture Service”).
Payment Submission. Payments can be submitted through CashCloud for immediate or scheduled processing. A payment submission requires the following details:
CashCloud may pre-fill certain fields where available. By submitting payment details, you authorize CashCloud to transmit this information to the Recipient.
Payment Processing. Payments submitted for processing will follow these steps:
General Payment Authorization. By providing CashCloud with payment instructions, you authorize CashCloud to follow those instructions to transfer funds to your designated Recipients (Payees/Vendors/Suppliers) as specified in your CashCloud Account. CashCloud may make reasonable adjustments to the payment details, such as Recipient address formatting, to facilitate successful delivery.
ACH Authorization. When choosing ACH as a payment method, you authorize CashCloud to debit your linked Bank Account in line with the provided payment instructions. CashCloud may resubmit an ACH transaction if it is returned due to insufficient funds or for other reasons as permitted under NACHA rules. You agree that all ACH transactions processed through CashCloud will be governed by NACHA rules and you assume responsibility for ensuring compliance with these regulations.
Payment Types. CashCloud will process transactions as standard business payments. You acknowledge that CashCloud is not intended to process personal, family, or household transactions. Attempting to use CashCloud for unauthorized payment types, such as cash advances or illegal transactions, is strictly prohibited.
Review Process. CashCloud reserves the right to review any payment submitted through the platform. Payment reviews may occur for various reasons, including compliance checks or validation of transaction details. During a payment review, CashCloud may place a temporary hold on the payment for as long as necessary to verify the information.
Customer Cooperation. You acknowledge that successful payment review depends on your cooperation with CashCloud inquiries and information requests. CashCloud is not liable for any delays or issues arising from your lack of timely or sufficient responses.
Outcome of Payment Review. Following the payment review, CashCloud may either clear, reverse, or hold the payment based on the review’s findings. If a payment is cancelled or held, the funds will be returned to you via the original payment method unless regulatory or legal restrictions apply.
Returned Payments. Payments may be returned to CashCloud by Recipients, financial institutions, or postal services for various reasons, including invalid bank details or incorrect addresses. In such cases, CashCloud will make reasonable efforts to notify you and offer the option to void or reissue the payment.
Voiding Payments. CashCloud reserves the right to void any returned payment and credit the funds back to your linked Bank Account. You are responsible for ensuring accurate payment information and agree that CashCloud is not liable for losses or additional costs due to returned transactions resulting from inaccurate details.
Account Balance Responsibility. You are responsible for maintaining sufficient funds in your linked Bank Account to cover all transactions, returns, and associated fees. If a payment initiated from your account is returned due to insufficient funds, you agree to immediately reimburse CashCloud for the returned amount, plus any processing fees incurred. CashCloud reserves the right to suspend your account or withhold payments if there are insufficient funds in your account.
Returned Payments. If CashCloud receives a returned payment due to insufficient funds, CashCloud may debit your linked Bank Account or suspend your account until the outstanding balance is paid. CashCloud is not liable for any penalties, fees, or other charges resulting from a returned transaction due to insufficient funds.
Scheduled Payment Cancellation. You may cancel scheduled payments before they are processed by accessing the payment details in your CashCloud account. Once a payment has been processed, it cannot be canceled, and you may need to submit a stop payment request as outlined below.
Stop Payment Requests. CashCloud may process stop payment requests if the payment has not yet cleared. If a stop payment request is made, additional fees may apply. Stop payment requests are not guaranteed, and CashCloud is not liable for payments that cannot be stopped once processing has begun.
Chargeback Policy. If you, as a Payor, initiate a chargeback, clawback, or ACH return for a payment that has already been delivered to the Recipient, you agree to assign any related claims against the Recipient to CashCloud for reimbursement purposes. CashCloud may contact the Recipient to request reimbursement for the amount of the chargeback or ACH return. In such cases, your CashCloud account may be subject to suspension or restriction until the issue is resolved.
Chargeback Liability. CashCloud is not liable for losses incurred due to chargebacks or ACH returns initiated by you, and reserves the right to recover the returned funds from your linked Bank Account or other available payment methods.
Stop Payment Requests. CashCloud will make commercially reasonable efforts to accommodate stop payment requests, provided the request is made before the payment has cleared. To request a stop payment, contact CashCloud at support@getcashcloud.com. CashCloud is not liable for any stop payment requests that cannot be fulfilled.
Refunds. CashCloud may provide refunds for payments that have not been processed or delivered to the Recipient. Refunds are limited to the amount of the payment submitted, less any applicable fees. CashCloud is unable to process partial refunds once a payment has cleared, and any refund request should be made promptly following payment submission.
Service Fees. CashCloud charges fees for access to the platform and specific payment services. Fees are applied to transactions as outlined on the Pricing Page at https://getcashcloud.com/pricing . You agree to pay all applicable fees in full at the time of transaction submission or as specified by your subscription plan.
Subscription Plans and Fees. Certain CashCloud features and services require a paid subscription plan. Details of available plans and pricing are outlined on the Pricing Page, and all subscriptions are billed according to the chosen plan. Subscription plans renew automatically unless canceled in accordance with the terms provided.
Fee Changes. CashCloud reserves the right to modify or update its fee structure at any time. Notice of any fee changes will be provided to users in advance, and continued use of the services following a fee update constitutes acceptance of the new fees.
Responsibility for Taxes. You are responsible for all applicable taxes arising from your use of CashCloud Services, including but not limited to sales tax, VAT, or any similar tax or charge. CashCloud will not be liable for any additional fees or penalties resulting from your failure to report or pay applicable taxes.
Fees, Fines, and Penalties. You are also responsible for any fees, fines, penalties, or liabilities incurred by CashCloud or any third party due to your actions or breach of this Agreement. In the event of such penalties, CashCloud may pursue collection from you through various methods, including debiting your linked Bank Account.
Permissible Use. CashCloud Services are intended for legitimate, lawful business purposes only. You agree not to use the Services for any unauthorized, illegal, or prohibited activities, including but not limited to:
Account Restrictions and Investigation. CashCloud reserves the right to restrict or suspend your account if it suspects misuse, fraud, or violation of any laws or regulations. You agree to cooperate in any investigation and provide accurate information to CashCloud upon request. CashCloud may notify appropriate law enforcement authorities or other relevant agencies of any illegal activities associated with your account.
Third-Party Integrations. CashCloud Services may integrate with or link to third-party services, including but not limited to Flinks for bank account linking ( https://flinks.com/privacy-policy/ ) and Persona for compliance and KYC/KYB services ( https://withpersona.com/ ). By using these integrations, you agree to the terms and privacy policies of these third-party providers.
No Liability for Third-Party Services. CashCloud is not responsible for the performance or actions of third-party providers and disclaims any liability for damages, losses, or other claims arising from your use of third-party services through the CashCloud platform. Any third-party links provided are for convenience only, and you assume full responsibility when interacting with third-party sites or services.
Limitation on CashCloud’s Liability. CashCloud and its affiliates, officers, directors, and agents will not be liable for indirect, incidental, consequential, or punitive damages, including lost profits, data loss, or business interruption, even if advised of such damages. CashCloud’s total liability to you for any claim, regardless of form or theory, is limited to the fees paid by you to CashCloud in the six months preceding the claim.
Jurisdictional Limitations. Some jurisdictions do not permit limitations on certain liabilities, and as such, portions of this section may not apply to you. In such cases, the liability of CashCloud will be limited to the fullest extent permitted under applicable law.
Services Provided “As Is”. CashCloud provides its Services “as is” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. CashCloud does not guarantee that the Services will be uninterrupted, secure, or error-free, nor does it make any representations regarding the quality or suitability of the Services for your needs.
No Liability for Services. CashCloud is not responsible for failures or delays in service, including interruptions due to technical issues, maintenance, or external factors beyond its control. CashCloud expressly disclaims any responsibility for any losses or damages arising from your use of the Services or third-party integrations, including but not limited to Flinks and Persona.
You agree to indemnify and hold harmless CashCloud, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, and expenses, including attorneys’ fees, arising out of or related to your breach of this Agreement, use of the CashCloud Services, violation of applicable laws, or infringement of third-party rights. This includes claims or demands made by third parties arising from your violation of this Agreement or any applicable regulations.
Account Closure. You may close your CashCloud account at any time by contacting us at support@getcashcloud.com. CashCloud reserves the right to close your account for any reason, with or without prior notice. Closing your account does not relieve you of any obligations incurred before closure, including pending transactions, fees, or unresolved claims.
Cancellation of Paid Subscription Plans. Subscription plans automatically renew at the end of each billing period unless you request cancellation by contacting CashCloud Support. Upon cancellation, you will retain access to your plan until the end of the current billing cycle, after which the plan will be downgraded to a free account.
CashCloud reserves the right to suspend, limit, or terminate your access to the Services at any time and without notice for any reason, including violation of this Agreement, suspicious activity, or as required by law. CashCloud may also limit certain account functionalities if necessary to mitigate risk, ensure compliance, or address concerns related to misuse of the Services.
By using the CashCloud Services, you consent to receive all communications electronically, including notices, agreements, updates, and disclosures required by law. CashCloud will provide these Communications through the Services, your account, or via email at support@getcashcloud.com. You agree that electronic delivery of Communications satisfies any legal requirement for written notices.
Withdrawal of Consent. You may withdraw consent to electronic Communications at any time by contacting CashCloud Support. If you withdraw consent, CashCloud may suspend or terminate your account if it determines that electronic delivery is necessary for account maintenance or compliance.
Request for Paper Copies. You may request a paper copy of any electronic Communication by contacting support@getcashcloud.com, and CashCloud will provide such copies at no cost, provided that the request is made within 180 days of the date of the original Communication.
CashCloud welcomes your feedback and suggestions about the Services. By submitting feedback, you grant CashCloud a perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, and distribute such feedback without restriction. CashCloud may use your feedback to improve and enhance its Services, and you agree that any feedback you provide will not be considered confidential.
Agreement to Arbitrate. Any disputes or claims arising out of or relating to this Agreement or the CashCloud Services will be resolved exclusively by binding arbitration, rather than in court, except for matters that may be taken to small claims court. The Federal Arbitration Act and federal arbitration law will apply to this Agreement.
Class Action and Jury Waiver. You and CashCloud agree to bring claims against each other only in individual capacity, not as a plaintiff or class member in any class or representative action. By agreeing to these terms, you waive any right to a jury trial or to participate in a class action lawsuit.
Opt-Out. You have the right to opt out of the arbitration agreement within 30 days of first accepting this Agreement by contacting CashCloud Support. Opting out of arbitration does not affect any other provisions of this Agreement.
You release CashCloud, Seacoast National Bank, and their affiliates, officers, employees, and agents from any claims, demands, or damages arising from disputes between you and other parties using the CashCloud Services. CashCloud and its bank partners are not responsible for your interactions with other Users or third parties, including disputes related to goods, services, or payments facilitated through the platform.
If you use CashCloud to issue payments to independent contractors, you acknowledge that you are solely responsible for compliance with all applicable employment laws. CashCloud merely provides a platform for processing payments and disclaims any responsibility or liability regarding compliance with employment laws, such as wage, tax, or classification requirements.
Entire Agreement. This Agreement, along with any referenced policies or documents, constitutes the entire agreement between you and CashCloud regarding the use of the Services. If any part of this Agreement is found to be unenforceable, the remaining provisions will remain in full force.
Intellectual Property. The CashCloud logo, brand name, and all related trademarks, service marks, and trade dress are the property of CashCloud or its licensors. Unauthorized use of these marks is strictly prohibited.
Force Majeure. CashCloud is not responsible for delays or failure in performance resulting from events outside of its control, including natural disasters, government actions, or disruptions in communications or transportation.
Assignment. You may not transfer or assign any rights or obligations under this Agreement without CashCloud’s prior written consent. CashCloud reserves the right to transfer or assign this Agreement or any rights or obligations under it at any time.
Severability. If any provision of this Agreement is deemed unenforceable, the remaining provisions shall continue in full force and effect, with the unenforceable provision replaced by a valid provision that closely matches the original intent.
No Waiver. CashCloud’s failure to enforce any provision of this Agreement will not constitute a waiver of its rights to enforce the provision at a later time.
Contact Information. For questions or concerns regarding this Agreement or your use of the CashCloud Services, please contact us at support@getcashcloud.com.
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