Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") form a binding agreement between you ("Merchant," "you") and ClaruPay, Inc. ("ClaruPay," "we," "us"). By submitting an application, accessing your dashboard, or accepting a payment through our services, you agree to these Terms in full.

If you are accepting these Terms on behalf of a business, you represent that you are authorized to bind that business. If you do not agree, do not use the services.

2. Services Description

ClaruPay is a registered ISO/MSP that provides payment processing, merchant account underwriting, recurring billing, and related software services purpose-built for healthcare and wellness merchants , including GLP-1 weight-loss clinics, peptide therapy practices, telehealth providers, med spas, and compounding-pharmacy partners.

Card-network processing services are sponsored by our acquiring bank partner. ClaruPay provides the application interface, recurring billing engine, integrations, account management, and merchant support; settlement of funds is performed by the acquirer.

3. Merchant Eligibility

To open a ClaruPay merchant account you must:

• Be a legally formed business entity (or sole proprietor) operating in the United States;
• Hold all licenses, registrations, or certifications required to deliver the services you sell;
• Comply with applicable federal and state law, including FDA, DEA (where relevant), and state-level pharmacy / telehealth requirements;
• Have a U.S. business bank account in the name of the legal entity.

We welcome clinics that prescribe or dispense compounded GLP-1 medications including semaglutide and tirzepatide, provided the clinic and its prescribers operate within applicable state and federal scope-of-practice rules.

4. Application and Approval Process

You will be asked to provide business information, beneficial-owner identification, processing volume, and financial documentation. Most clinics receive an underwriting decision within 48 hours of a complete application.

Approval is at the sole discretion of ClaruPay and our acquiring bank. We may request additional documentation at any time, including license verification, prescriber DEA registration, supplier agreements, and recent processing statements.

5. Fees and Pricing

Fees are disclosed on the rate sheet and pricing page in effect at the time of approval. Standard rates begin at 2.3% + $0.10 per card-present or card-not-present transaction; ACH at 0.8%. Optional add-ons (priority underwriting, chargeback protection, custom payment pages) are billed monthly.

5.1 Reserve requirements

For most clinics, no reserve is required. In limited cases , for example, clinics with high average ticket sizes, accelerated growth, or elevated chargeback exposure , a rolling reserve of 5–10% may be applied for the first 90–180 days. Reserve terms are disclosed in writing before account activation.

5.2 No hidden fees

We do not charge setup fees, cancellation fees, PCI non-compliance fees, or annual fees. There are no long-term contracts; your account is month-to-month.

6. Payment Processing

Settled funds are deposited to your bank account on a next-business-day or two-business-day basis depending on your funding tier. You are responsible for ensuring the accuracy of bank account information; ClaruPay is not liable for funds misdirected due to inaccurate routing or account numbers you provide.

6.1 Subscription & recurring billing

If you use our recurring billing engine for memberships, package payments, or recurring scripts, you are responsible for: obtaining clear cardholder authorization for each recurring charge; providing receipts and cancellation paths consistent with card-network rules; and complying with applicable state subscription-disclosure laws.

7. Prohibited Businesses and Activities

You may not use ClaruPay to process payments for activities prohibited by card-network rules or U.S. law, including but not limited to: illegal drug sales, unlicensed pharmaceutical activity, fraudulent or misleading marketing, MLM or pyramid schemes, adult services, gambling without proper licensure, or any product or service marketed in a way that violates state or federal advertising / consumer-protection law.

8. Chargebacks and Disputes

You agree to maintain a chargeback rate below 1.0% of monthly transactions and a fraud rate below 0.9%, consistent with Visa and Mastercard monitoring thresholds. You will respond to chargeback notifications within the timelines set by the card networks and provide all reasonable documentation needed to defend disputes.

ClaruPay's chargeback team will help you assemble representment packages. Pro-tier merchants receive enhanced chargeback protection covering qualifying fraud-related disputes.

9. Account Termination

You may terminate your account at any time with 10 days' written notice. We may terminate or suspend your account if (a) you breach these Terms, (b) the acquiring bank or a card network requires it, or (c) we determine in good faith that continued processing presents a regulatory, legal, or financial risk. Where we terminate without cause, we will provide at least 30 days' notice and remit all settled funds to your bank account on the standard settlement schedule.

10. Limitation of Liability

To the maximum extent permitted by law, ClaruPay's aggregate liability arising out of or relating to the services shall not exceed the fees you paid us in the three months preceding the event giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, lost profits, or reputational harm. Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Indemnification

You will indemnify and hold harmless ClaruPay, our acquirer, and their respective officers from any third-party claims arising from (a) your use of the services, (b) your goods or services delivered to your customers, (c) your breach of these Terms, or (d) your violation of applicable law.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. Any dispute will be resolved by confidential, binding arbitration administered by JAMS in Wilmington, Delaware, except either party may bring an individual action in small-claims court.

13. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email and posted on this page at least 30 days before they take effect. Continued use of the services after the effective date constitutes acceptance of the updated Terms.

14. Contact Information

Questions? Email us at legal@clarupay.com or write to us at ClaruPay, Inc., 2261 Market Street #4310, San Francisco, CA 94114.