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Terms & Conditions

This Agreement was last modified on May 12th, 2026.

This Agreement (“Terms“) is between you and Soar Payments LLC, doing business as TacticalPay, together with its affiliates (collectively, “TacticalPay,” “we,” “our,” or “us“). These Terms govern your access to and use of www.tacticalpay.com (the “Site“), our online application and referral services, our customer support of merchant accounts arranged through TacticalPay, and any other services we provide directly to you (together, the “Service“).

Payment processing services themselves are provided by third-party banks, processors, and gateways under a separate Merchant Services Agreement that you sign as part of your account setup. Those services are not governed by these Terms. See “Payment Processing; Third-Party Services” and “Your Merchant Account” below.

By accessing the Site, submitting an application, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Eligibility

You must be at least 18 years old and authorized to act on behalf of any business you represent. By using the Service, you represent and warrant that you meet these requirements and that the information you provide is accurate, complete, and current.

Acceptance

By using the Site, submitting any form, applying for a merchant account or other product through the Service, or clicking any button or checkbox indicating agreement, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and any product-specific terms or policies referenced on the Site (including our Hardware Policy and Software Policy, if applicable).

Privacy

Our collection, use, and disclosure of information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

The Application Process

The following apply to any application submitted through the Service:

  • No guarantee of approval. Merchant account approval is determined solely by the Sponsor Bank and Processor based on their own underwriting criteria. We cannot guarantee that any application will be approved, that any pricing or terms quoted will be available in your final Merchant Services Agreement, or that any approved account will remain open.
  • Pricing and program terms are estimates until finalized. Any rates, fees, equipment pricing, processor selection, gateway selection, or program terms discussed before underwriting are estimates only and are subject to change based on underwriting review, Processor or Sponsor Bank discretion, card brand rules, and your final signed Merchant Services Agreement. Your fees as a merchant are governed by your Merchant Services Agreement.
  • Risk-based decisions. The Sponsor Bank, the Processor, the card networks, or any of their service providers may at any time decline to onboard you, hold or freeze funds, require a reserve, change pricing, restrict transaction types, or terminate your account based on their own risk management criteria.
  • Application data shared with third parties. To facilitate your application, we may share the information you submit with one or more Sponsor Banks, Processors, gateways, equipment providers, chargeback solution providers, and other third-party vendors.
  • Information accuracy. You are solely responsible for the accuracy and completeness of the information you submit through any application. False, misleading, or omitted information may result in declination, account termination, fund holds, MATCH listing, or other consequences imposed by the underwriting parties.

Applicant and Merchant Representations

By submitting an application or otherwise using the Service to apply for or obtain any payment product, you represent and warrant — for yourself and on behalf of any business you represent — that:

  1. You are duly authorized to apply for and bind the business identified in the application.
  2. All information you submit is true, accurate, complete, and not misleading, and you will promptly update us of any material changes.
  3. Your business is not engaged in any activity prohibited by applicable law, by your Sponsor Bank or Processor, by the card brand rules (including Visa Core Rules, Mastercard Standards, Discover Operating Regulations, and American Express Merchant Operating Guide), or by any other applicable network or regulatory rule.
  4. You will comply with the Payment Card Industry Data Security Standard (“PCI-DSS“) and all other applicable data security obligations imposed by your Processor or Sponsor Bank.
  5. You will comply with all applicable federal, state, and local laws and regulations governing your business, including (where applicable) anti-money-laundering (“AML“), Bank Secrecy Act (“BSA“), Office of Foreign Assets Control (“OFAC“), consumer protection, telemarketing, and advertising laws.
  6. If your business involves firearms, ammunition, or related products or services: you hold (or are an authorized agent of a holder of) a valid Federal Firearms License (“FFL“) issued by the ATF where required by law, and will maintain such license in good standing for as long as you maintain a merchant account obtained through TacticalPay. You will comply with all ATF regulations, the Gun Control Act, the National Firearms Act, and all applicable state and local firearms laws. You will not use a TacticalPay-arranged merchant account to process straw purchases, illegal transfers, prohibited products, or any transaction in violation of applicable firearms law. You will notify us immediately at legal@tacticalpay.com if your FFL is revoked, suspended, lapses, or is otherwise no longer in good standing.

You acknowledge that breach of any of these representations may result in termination of any merchant account, fund holds, reserves, MATCH listing, indemnification claims, and other remedies available under your Merchant Services Agreement and applicable law.

Communications Consent

By submitting your contact information to TacticalPay — including through any application, contact form, chat, callback request, or by otherwise providing it to us — you expressly consent to TacticalPay and our service providers contacting you at the phone number(s) and email address(es) you provide, including by:

  • Live agent;
  • Pre-recorded or artificial voice message;
  • Automatic telephone dialing system (“ATDS“);
  • SMS or text message; and
  • Email.

This consent applies to messages about your application, your account, transactional matters, account servicing, customer support, security, and marketing of products and services we believe may be relevant to you. Standard message and data rates may apply. Your consent is not a condition of any purchase. You may opt out of marketing communications at any time by replying STOP to a text message, clicking unsubscribe in an email, or contacting us at legal@tacticalpay.com. Opting out of marketing does not opt you out of transactional or account-servicing communications related to an active merchant account.

Acceptable Use of the Site

You agree that you will not, and will not allow any third party to:

  • Use the Service for any unlawful purpose, in furtherance of any unlawful activity, or in violation of any applicable law or card-brand rule;
  • Submit another person’s personal information without authorization, or impersonate any person or entity;
  • Submit false, inaccurate, or misleading information;
  • Interfere with or disrupt the Service, our servers, or our networks;
  • Make any automated use of the Service (including scraping, crawling, or harvesting data) other than via standard search-engine indexing in compliance with our robots directives;
  • Bypass any robot exclusion headers, rate limits, or other access controls;
  • Upload or transmit any malware, viruses, or other malicious code;
  • Reverse engineer, decompile, or attempt to derive source code from any portion of the Service;
  • Resell, sublicense, or otherwise commercially exploit the Service without our prior written consent; or
  • Use the Service to develop a competing product or service.

We may suspend or terminate your access to the Service immediately, with or without notice, for any actual or suspected violation of these Terms.

Intellectual Property

We and our licensors retain all right, title, and interest in and to the Service, including all related intellectual property rights — including copyrights, trademarks, service marks, trade dress, patents, and trade secrets. “TacticalPay” and our logos are our trademarks. Other names and marks referenced on the Service are the property of their respective owners. Nothing in these Terms grants you any right to use any of our trademarks without our prior written consent.

Third-Party Sites and Content

The Service may include links to, or content from, third-party websites, products, or services. We do not control these third parties and are not responsible for their content, accuracy, practices, or policies. Your use of any third-party site, product, or service is at your own risk and is governed by the applicable third party’s terms.

Payment Processing; Third-Party Services

Payment processing services obtained through TacticalPay are provided by third-party banks and processors (the “Sponsor Bank” and the “Processor“), not by TacticalPay. When you are approved for a merchant account, you sign a Merchant Services Agreement (the “MSA“) directly with the Sponsor Bank and the Processor. The MSA — together with any incorporated documents such as the operating rules of Visa, Mastercard, Discover, American Express, and any debit networks; the Processor’s program guides, fee schedules, and risk policies; and the Sponsor Bank’s banking documents — is the controlling document for your processing relationship.

MSA controls. If any provision of these Terms conflicts with the MSA on a matter relating to the actual payment processing relationship — including funding, settlement, holds, reserves, chargebacks, transaction approvals, processor fees, the MATCH list, or termination of the merchant account by the Sponsor Bank or Processor — the MSA controls. These Terms govern the matters they expressly address: your use of the Site, the application and referral process, communications consent, TacticalPay’s customer support, TacticalPay’s own fees (if any), and the relationship between you and TacticalPay.

Decisions reserved to the Sponsor Bank, Processor, and card networks. Under applicable banking and card-network rules, the following decisions are reserved to the Sponsor Bank, the Processor, the card networks, or other third parties, and not to TacticalPay:

  • Underwriting, approval, decline, and boarding of merchant accounts;
  • Holding, settling, advancing, or releasing merchant funds;
  • The fees the Processor or Sponsor Bank charges you under the MSA;
  • Approval or decline of any individual payment transaction;
  • The outcome of any chargeback, dispute, or retrieval request;
  • Imposition, increase, decrease, or release of a reserve or rolling reserve;
  • Placement, modification, or release of a funding hold or freeze;
  • Termination of your merchant account by the Sponsor Bank or Processor; and
  • Addition or removal of your business from the MATCH list (or any equivalent card-brand database).

TacticalPay is not a party to your MSA, does not have authority to modify it, and is not your fiduciary; we do not provide investment, tax, legal, or other financial advice. TacticalPay is compensated by the Sponsor Bank, Processor, and other third parties whose products and services we sell, including through one-time and ongoing residual payments based in part on your processing volume and the fees you pay to those third parties. For all questions about your processing relationship, refer to the MSA and contact your Processor or Sponsor Bank directly.

Your Merchant Account

After your merchant account is approved and onboarded, the following apply:

  • Account portability. A merchant account is provisioned by a specific Sponsor Bank and Processor and is not portable to a different bank or processor. If you elect to move your processing to a different provider — whether through TacticalPay or another sales organization — that requires a new application and a new merchant account.
  • Statements, notices, and fee changes from the Processor. Account statements, fee changes, notices of pricing adjustments, dispute notifications, retrieval requests, account-action notices, and other communications regarding your processing relationship are issued by the Sponsor Bank and the Processor. TacticalPay may pass along, summarize, or comment on those communications, but is not liable for the content, timing, or delivery of any communication issued by the Sponsor Bank, the Processor, or any other third party.
  • Chargebacks, retrievals, fines, and assessments. Chargeback determinations, retrieval request outcomes, and any fines or assessments imposed by the card networks, the Sponsor Bank, the Processor, or any regulator are not TacticalPay’s decisions, and TacticalPay has no authority to overturn them. We will, as a courtesy and at our discretion, attempt to assist you in communicating with the Processor about such matters.
  • MATCH list and equivalent databases. The card brands maintain databases (including the “MATCH” list maintained by Mastercard) of merchants whose accounts have been terminated for cause. The decision to add a merchant to any such database is made by the Sponsor Bank under card brand rules.
  • Customer support as a courtesy. TacticalPay may provide front-line customer support to merchants, including assistance with account inquiries, equipment setup, gateway configuration, dispute communications, and similar matters. This support is offered voluntarily and at our sole discretion; it does not create a service level commitment, and the underlying matter may ultimately require the Processor’s or Sponsor Bank’s involvement.
  • End of TacticalPay’s involvement. TacticalPay may, at any time, cease providing customer support or related services in respect of your account. If we do so, your MSA with the Sponsor Bank and Processor remains in effect according to its terms — your processing relationship is unaffected by TacticalPay’s discontinuation of services. Conversely, if the Sponsor Bank or Processor terminates your merchant account, TacticalPay has no obligation or authority to keep that account open.

DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent:

TacticalPay — DMCA Agent c/o Soar Payments LLC 1412 Main Street, Suite 1150 Dallas, TX 75202 Email: legal@tacticalpay.com

Your notice must include: (1) the date; (2) a physical or electronic signature; (3) identification of the copyrighted work allegedly infringed; (4) identification of the allegedly infringing material with sufficient detail to locate it; (5) your contact information; (6) a good-faith statement that the use is not authorized; and (7) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the rights-holder’s behalf.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY MERCHANT ACCOUNT, GATEWAY, EQUIPMENT, OR OTHER THIRD-PARTY PRODUCT WILL MEET YOUR REQUIREMENTS, BE APPROVED, OR REMAIN AVAILABLE.

ANY EQUIPMENT, SOFTWARE, GATEWAY, MERCHANT ACCOUNT, OR OTHER PRODUCT OR SERVICE PROVIDED BY A THIRD PARTY (INCLUDING ANY SPONSOR BANK, PROCESSOR, GATEWAY, EQUIPMENT MANUFACTURER, OR CHARGEBACK SOLUTION PROVIDER) IS GOVERNED BY THAT THIRD PARTY’S OWN TERMS AND WARRANTIES (IF ANY). YOU AGREE TO LOOK EXCLUSIVELY TO THOSE THIRD PARTIES FOR ANY REMEDY RELATED TO THEIR PRODUCTS OR SERVICES.

ANY CUSTOMER SUPPORT TACTICALPAY PROVIDES IN CONNECTION WITH A MERCHANT ACCOUNT, EQUIPMENT, GATEWAY, OR SOFTWARE PRODUCT IS PROVIDED AS A VOLUNTARY COURTESY, WITH NO GUARANTEE OF OUTCOME OR RESOLUTION TIMELINE, AND DOES NOT CREATE ANY ADDITIONAL OBLIGATION BEYOND WHAT IS EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • TACTICALPAY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN NO EVENT WILL TACTICALPAY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TACTICALPAY DIRECTLY UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). FEES PAID TO ANY THIRD-PARTY PROCESSOR, SPONSOR BANK, GATEWAY, EQUIPMENT MANUFACTURER, OR OTHER THIRD PARTY ARE NOT FEES PAID TO TACTICALPAY FOR PURPOSES OF THIS CAP.

These limitations apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow limitations on certain damages, in which case these limitations apply only to the extent permitted.

Release of Third-Party Claims

If you have a dispute with any Sponsor Bank, Processor, gateway, equipment manufacturer, software vendor, or other third-party service provider whose products or services you obtain through TacticalPay, you release TacticalPay, its affiliates, and their respective officers, directors, agents, and employees from any and all claims, demands, and damages — known and unknown — arising out of or related to that dispute. If you are a California resident, you expressly waive California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification

You agree to defend, indemnify, and hold harmless TacticalPay, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Your use of the Service;
  2. Your breach of these Terms or any representation, warranty, or covenant made by you;
  3. Your violation of any applicable law or regulation, including any federal or state firearms regulation, ATF rule, AML/BSA/OFAC requirement, TCPA, consumer-protection law, or card-brand rule;
  4. The accuracy, completeness, or legality of any information you submit through the Service;
  5. Any chargebacks, fines, penalties, assessments, or losses imposed on TacticalPay or its affiliates by any Sponsor Bank, Processor, card network, or regulator arising from your transactions or business activities; and
  6. Any third-party claim relating to your business, products, or services.

TacticalPay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, wars, terrorism, civil unrest, labor disputes, fires, floods, power or internet outages, supply-chain disruptions, carrier delays, failures or delays by Sponsor Banks, Processors, or other third parties, governmental or regulatory action, or changes in card-brand rules.

Dispute Resolution; Binding Individual Arbitration; Class-Action Waiver

Please read this section carefully — it affects your legal rights.

Informal resolution. Before filing any claim, you agree to first contact us at legal@tacticalpay.com with a written description of the dispute. We will work in good faith to resolve the issue informally for at least 30 days.

Binding individual arbitration. If we cannot resolve the dispute informally, you and TacticalPay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with TacticalPay — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA“) under its applicable rules then in effect, including the AAA’s Consumer Arbitration Rules where applicable. Arbitration will take place in Harris County, Texas, before a single arbitrator. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. This arbitration clause does not apply to disputes between you and the Sponsor Bank or Processor under your MSA, which are governed by the dispute-resolution terms of the MSA.

Class-action waiver. YOU AND TACTICALPAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

Exceptions. Either party may (a) bring an individual action in small-claims court for claims within that court’s jurisdiction, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to prevent unauthorized access to the Service.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@tacticalpay.com within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.

Severability of this section. If the class-action waiver above is found unenforceable, the entire Dispute Resolution section will be unenforceable and any dispute will be resolved in court under the Governing Law section below; the rest of these Terms will remain in effect.

Governing Law; Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and by applicable federal law. Subject to the Dispute Resolution section above, the exclusive venue for any claim not subject to arbitration is the state and federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of those courts.

Termination

TacticalPay’s relationship with you. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason — including any actual or suspected breach of these Terms, any risk-management concern, any direction from a Sponsor Bank, Processor, or regulator, or any change in our business.

Your processing relationship. TacticalPay’s suspension or termination of services under these Terms does not, by itself, terminate your merchant account or any other agreement you have with a Sponsor Bank, Processor, or other third party. Likewise, termination of your merchant account by a Sponsor Bank or Processor is governed by your MSA and is not within TacticalPay’s control.

Survival. All provisions that by their nature should survive termination will survive — including ownership provisions, warranty disclaimers, limitations of liability, indemnification, release, dispute resolution, and governing law.

Modification of These Terms

We may amend these Terms at any time by posting the updated Terms on the Site and updating the “Effective Date” below. Material changes will, when practical, also be communicated via email to the address on file or via a notice on the Site. Your continued use of the Service after the effective date of any update constitutes acceptance of the updated Terms. Disputes arising before an amendment will be governed by the Terms in effect at the time. No verbal or email statement by any TacticalPay employee or agent is a valid amendment unless signed by an officer of TacticalPay.

Time to Bring Claims

Except as otherwise required by applicable law, any claim or cause of action arising out of or related to your use of the Service or these Terms must be filed within ONE (1) year after such claim or cause of action arose, or it will be permanently barred.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this section is void. We may assign these Terms, in whole or in part, without your consent and without notice.

Severability; No Waiver

If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Entire Agreement

These Terms, together with our Privacy Policy, any product-specific policies referenced on the Site (including the Hardware Policy and Software Policy), and — for matters within its scope — your MSA with the Sponsor Bank and Processor, constitute the entire agreement between you and TacticalPay regarding the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, relating to the subject matter of these Terms. For the avoidance of doubt, the MSA controls over these Terms with respect to the matters described in “Payment Processing; Third-Party Services” above.

Acceptance

BY ACCESSING THE SITE, SUBMITTING AN APPLICATION, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER.

Contact

Questions about these Terms? Please contact us or email legal@tacticalpay.com.

TacticalPay 1412 Main Street, Suite 1150 Dallas, TX 75202 (888) 281-5830

TacticalPay is operated by Soar Payments LLC. AltruPay LLC, an affiliate of Soar Payments LLC, is a registered Independent Sales Organization of Commercial Bank of California, Irvine, CA.

Effective: May 12, 2026

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