Effective Date: November 24, 2025
Last Updated: November 24, 2025
These Terms of Service (“Terms”) govern your access to and use of https://surchargepros.com (the “Site”) and any services, software, tools, dashboards, merchant solutions, or other products offered by Surcharge Pros (collectively, the “Services”).
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree, do not use the Site or Services.
1. WHO WE ARE
“Surcharge Pros,” “we,” “us,” or “our” refers to 1st Working Capital Group Inc. DBA Surcharge Pros, and its affiliates, officers, directors, employees, contractors, and agents.
Contact:
Email: support@surchargepros.com
Mailing Address: [Insert business address]
Phone: [Insert phone]
2. ELIGIBILITY
You must be at least 18 years old and able to form a binding contract to use the Services.
If you are using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
3. CHANGES TO TERMS
We may update these Terms at any time. If we make material changes, we’ll update the “Last Updated” date and may provide notice by email or on the Site. Your continued use after changes means you accept the updated Terms.
4. SERVICES OVERVIEW
Surcharge Pros provides tools and support intended to help merchants implement credit-card surcharging and/or related payment-cost optimization strategies. Services may include:
- Surcharging program setup and configuration
- Compliance guidance and card network registration support
- POS, gateway, or eCommerce integration support
- Ongoing monitoring and program management
- Merchant analytics and reporting
- Optional add-on services (funding, marketing tools, support, etc.)
We may modify or discontinue Services at any time, with or without notice.
5. IMPORTANT SURCHARGING DISCLOSURE
Surcharging is regulated by card-network rules (e.g., Visa, Mastercard, Discover, AmEx) and state and local laws. Rules vary by jurisdiction and card type.
You acknowledge and agree that:
- You are solely responsible for ensuring your surcharging practices comply with all applicable laws and card-network rules in every jurisdiction where you do business.
- Our support is informational and operational, not legal advice.
- Surcharge levels, eligible card brands, signage, receipt wording, and notice timing must follow network and legal rules.
- We do not guarantee that any surcharge program will be compliant in all circumstances.
6. NO LEGAL, TAX, OR FINANCIAL ADVICE
The Site and Services do not provide legal, tax, accounting, or financial advice. Any information we provide is general and for educational purposes. You should consult your own advisors.
7. ACCOUNTS AND SECURITY
Some Services require creating an account.
You agree to:
- Provide accurate and current information
- Keep login credentials confidential
- Notify us immediately of suspected unauthorized access
- Be responsible for all activity under your account
We may suspend or terminate accounts we believe are being used unlawfully or in violation of these Terms.
8. FEES, BILLING, AND PAYMENT
Fees for Services will be disclosed in your order form, merchant agreement, proposal, or pricing page (“Order”).
You agree that:
- You will pay all fees on time.
- Fees are non-refundable unless stated otherwise in writing.
- We may change pricing with prior notice; continued use constitutes acceptance.
- You are responsible for any third-party fees (processors, gateways, POS systems, platforms).
If payment is late or fails, we may suspend Services until payment is received.
9. MERCHANT RESPONSIBILITIES
You agree to:
- Use the Services only for lawful business purposes
- Maintain required signage, disclosures, and customer notices
- Not misrepresent surcharges as taxes or government fees
- Ensure staff follow program procedures
- Keep your POS/eCommerce environment compatible and updated
You are responsible for your transactions, customers, chargebacks, refunds, and business practices.
10. PROHIBITED USES
You may not:
- Use the Services to violate laws or card-network rules
- Apply surcharges where prohibited or on debit/prepaid when disallowed
- Interfere with or disrupt the Site/Services
- Reverse engineer or copy our software
- Use the Services to transmit malware, spam, or abusive content
- Mislead customers or conceal fee disclosures
- Use our Services for fraud or deceptive trade
We may investigate violations and cooperate with law enforcement.
11. INTELLECTUAL PROPERTY
All content on the Site and within Services (software, branding, text, graphics, logos, workflows, dashboards) is owned by Surcharge Pros or licensors and protected by IP laws.
You receive a limited, non-exclusive, non-transferable license to use the Services for your internal business operations, subject to these Terms.
You may not reproduce, distribute, sell, or create derivative works without our written permission.
12. THIRD-PARTY SERVICES
Our Services may interact with third-party providers (payment processors, POS systems, eCommerce platforms, hosting, analytics, etc.).
We are not responsible for third-party services, including outages, errors, pricing changes, or policy enforcement. Your use of third-party services is governed by their terms.
13. DISCLAIMERS
THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY OF RESULTS
- CONTINUOUS OR ERROR-FREE OPERATION
We do not guarantee that implementing surcharging will increase profits, reduce processing costs in any specific amount, or be accepted by your customers.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Surcharge Pros will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of goodwill, or customer disputes.
Our total liability for any claim related to the Services will not exceed the amount you paid us for the Services in the three (3) months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations; in those cases, liability is limited to the greatest extent allowed.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Surcharge Pros and its affiliates from any claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising from:
- Your use of the Services
- Your surcharge practices or disclosures
- Your violation of laws or network rules
- Your customers’ disputes, refunds, or chargebacks
- Your breach of these Terms
16. TERMINATION
You may stop using the Services at any time.
We may suspend or terminate your access immediately if:
- You breach these Terms
- Your use creates legal/compliance risk
- You fail to pay fees
- Required by law or third-party partners
Upon termination, your license ends and you must stop using the Services. Sections that by nature should survive (payment, IP, disclaimers, limitations, indemnity, dispute terms) will survive.
17. PRIVACY
Your use of the Site and Services is also governed by our Privacy Policy, which explains how we collect and use data. By using the Services, you consent to those practices.
18. ELECTRONIC COMMUNICATIONS
You consent to receiving communications from us electronically (email, SMS, notices on the Site). These satisfy any legal requirement for written notice.
19. DISPUTE RESOLUTION & ARBITRATION (OPTIONAL BUT RECOMMENDED)
If you want arbitration, keep this section. If not, delete it.
Any dispute arising out of these Terms or Services will be resolved through binding arbitration rather than court, except that either party may seek injunctive relief for misuse of intellectual property.
Arbitration will be administered by AAA under its Commercial Arbitration Rules. Location: [Insert City, State].
Each party will bear its own attorneys’ fees unless the arbitrator decides otherwise.
YOU WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS ACTION.
20. GOVERNING LAW & VENUE
These Terms are governed by the laws of the State of [Insert State], without regard to conflict-of-laws principles.
If arbitration does not apply, exclusive venue for disputes will be state or federal courts located in [Insert County/State], and you consent to jurisdiction there.
21. FORCE MAJEURE
We are not liable for delays or failures due to causes beyond our reasonable control (including outages, third-party failures, natural disasters, labor disputes, internet disruptions, or governmental actions).
22. ENTIRE AGREEMENT
These Terms, together with any Order, Merchant Agreement, or Privacy Policy, form the entire agreement between you and Surcharge Pros and supersede prior agreements on the same subject.
If any part is unenforceable, the rest remains effective.
23. CONTACT US
Questions about these Terms? Reach out:
support@surchargepros.com