Paytently PI Limited – General Terms and Conditions

1. Introduction

These General Terms and Conditions (“Terms”) govern the use of services provided by Paytently PI Limited (“Paytently”, “we”, “us” or “our”). By registering for or using any of Paytently’s payment services (“Services”), you (the “User” or “you”) agree to be bound by these Terms and any documents incorporated by reference. These Terms form a legal agreement between you and Paytently. For the use of additional services and our products, you may have to accept additional terms and/or sign separate agreements.

Please read these Terms carefully each time you use our Services. If you do not agree, you must refrain from using the Services. You may request a copy of these Terms at any time or download them from our website for your records.

To Whom These Terms Apply

These Terms apply to business clients of Paytently, whether acting as legal entities or individuals in the course of their trade, business or profession, and to customers of such business clients who use the Services in connection with the purchase of goods or services from a business client, acting as consumers.

Where a business client qualifies as a micro-enterprise within the meaning of applicable law, certain provisions designated as applying to consumers shall also apply to that business client, as may be indicated in the relevant Sections.

In these Terms, references to “User” or “you” shall, depending on the context, refer either to a business client or to its customer. The rights and obligations applicable to each category of User shall apply only to the extent relevant to that category, as indicated in the relevant provisions.

About Paytently

Paytently PI Limited is a company incorporated in Malta (Company No. C113188) with registered office at The Adelaide, 230/231 Tower Road, Sliema SLM1601, Malta.

Paytently is authorized by the Malta Financial Services Authority (MFSA) as a payment institution under the Financial Institutions Act (Cap. 376 of the Laws of Malta). Paytently is licensed to provide payment services as listed in the Second Schedule to the Financial Institutions Act, including but not limited to: execution of payment transactions (such as direct debits, card payments, credit transfers), issuing of and acquiring payment instruments, money remittance, payment initiation services (PIS), and account information services (AIS).

Paytently is a payment institution (PI), not a bank or e-money institution, and therefore is not authorized to accept deposits or other repayable funds from the public (under the Banking Act) and does not issue electronic money. Any funds held with Paytently are strictly for the execution of payment services and do not constitute a deposit or electronic money. In other words, Paytently cannot engage in deposit-taking and must use client funds only to provide payment services.

Languages and Communication

These Terms are provided in English, and we normally communicate with you in English (for example, by email). You may request a translation of these Terms or communications into an official language of an EU/EEA country in which we offer Services, and where required by law, we will provide information in that language. You can also request these Terms or other information on paper by contacting us.

2. Definitions

In these Terms:

• Account – the payment account provided by Paytently to you for the execution of payment transactions and related Services.
• Business Day – any day on which banks in Malta are open for business, excluding Saturdays, Sundays, and public holidays.
• Fee Schedule – any schedule, annex of addendum to a separate agreement between you and Paytently, as may be amended from time to time in accordance with that agreement, setting out the fees, charges and other amounts payable in connection with the Services.
• PIS (Payment Initiation Service) – a service whereby Paytently, at your request, initiates a payment from your account held with another bank or financial institution to a specified recipient.
• AIS (Account Information Service) – a service whereby Paytently, with your consent, retrieves and aggregates information from your account held with another bank or financial institution and provides it to you or a third-party you designate.
• Payment Instrument – any personalized device or set of procedures agreed to by Paytently and used by you to initiate a payment (for example, a debit card, mobile application, or other credentials).
• Money Remittance – a service to transfer funds for a User without the creation of a payment account in the name of the User (for example, you provide funds to Paytently and we forward them to a recipient).
• Micro-Enterprise – a business entity that employs fewer than 10 persons and has an annual turnover and/or balance sheet total of €2 million or less (treated similarly to a consumer for certain regulatory purposes).

Other capitalized terms may be defined elsewhere in these Terms. References to the singular include the plural and vice versa.

3. Scope of Services

Paytently offers a range of payment services under a single platform. The specific Services available to you may depend on the products you sign up for and the permissions of our license. Below is an overview of our main Services:

3.1 Payment Account Services

Payment Account refers to an account held in the name of a payment service user that is used for the execution of payment transactions. Paytently does not provide merchants with individual payment accounts or customer-facing account functionality. However, where Paytently receives and holds funds on your behalf for the purpose of settlement, those funds are safeguarded in a designated client funds account and recorded in an internal ledger attributed to your business. This internal ledger may be treated as a “payment account” solely for regulatory classification under PSD2, but it does not constitute a bank account, e-money account, or any form of deposit-taking or account-holding service offered to you.

3.2 Direct Debits and Credit Transfers

With an Account, you may arrange credit transfers (one-off or standing orders) from your Account to accounts with Paytently or other providers. You may also be able to set up direct debits from your Account, allowing authorized third parties (for example, utility companies) to collect payments from your Account. Any direct debit will require your prior consent (a mandate). We will honor direct debit collections only if you have sufficient funds and a valid mandate in place. You have the right to revoke direct debit mandates by notifying the merchant or us within the timelines required by the applicable payment scheme. We will process SEPA direct debit refunds or cancellations in accordance with law and scheme rules. For example, if an unauthorized or incorrect SEPA direct debit is taken, you must inform us promptly and in any case within the timeframe allowed for refunds, typically 8 weeks for authorized transactions or 13 months for unauthorized ones, as applicable.

3.3 Card Issuance (Payment Instruments)

Paytently may issue you with a Payment Instrument, such as a debit or prepaid card, linked to your Account. The card will allow you to access funds in your Account to make purchases or withdrawals. The card remains Paytently’s property and is provided for your personal use. If a physical card is issued, sign the back and keep it secure. You must protect your card and its security credentials (PIN, passwords) and notify us immediately if the card is lost, stolen, or misused (see Section 7 on Security). Use of the card is subject to transaction limits and fees as notified to you (for example, in the relevant Fee Schedule). Paytently may decline or block a card transaction if we suspect unauthorized or fraudulent use or if it violates these Terms or legal requirements. We may also deactivate or cancel a card with prior notice (or immediately, if necessary for security or legal reasons). You agree to use any Paytently-issued card in accordance with the card scheme rules and not for any unlawful purpose.

3.4 Merchant Acquiring Services

Paytently is authorised to acquire and process payment transactions, including card and digital payments, on behalf of merchants. When your business uses Paytently to accept payments from your customers, we will settle those funds to your designated settlement balance or other agreed settlement account following processing. Paytently’s role as an acquirer is limited to receiving and transmitting payment funds to you. The underlying sale of goods or services is solely between you and your customer, and Paytently is not responsible for product quality, delivery, refunds, or any obligations arising from your commercial relationship with your customers.

You must comply with all applicable card network rules and any operational requirements or instructions issued by Paytently regarding the acceptance of payment instruments. Payments processed on your behalf may be subject to reversal in certain circumstances. If a payment is reversed (including chargebacks or other scheme-mandated reversals), Paytently may deduct the reversal amount and any associated fees from your settlement balance. You will be notified of any such reversal. You remain fully responsible for all refunds, chargebacks, disputes, and related liabilities arising from payments you receive, and you agree that Paytently may recover such amounts from you if your settlement balance is insufficient. Paytently may also require you to maintain a reserve or provide other security to cover potential liabilities associated with acquiring activities, as permitted by applicable law and card scheme rules.

SECTIONS 3.5 AND 3.6 BELOW DESCRIBE SERVICES AVAILABLE TO CUSTOMERS WHO MAKE PAYMENTS TO, OR SHARE ACCOUNT INFORMATION IN CONNECTION WITH, A BUSINESS CLIENT THROUGH THE SERVICES.

3.5 Payment Initiation Service (PIS)

Paytently’s PIS allows you to make payments directly from your bank account to a third party (for example, an online merchant) through an interface provided by Paytently. When you choose to pay a merchant via Paytently’s PIS, we will ask you to select your bank and account from which to pay, and then securely redirect you to authenticate with your bank. You will be prompted to consent to the payment details (amount, recipient, etc.) before authorizing the payment via your bank’s normal authentication (for example, entering your online banking credentials or using a bank app or one-time passcode). By proceeding, you explicitly authorize Paytently to initiate the payment on your behalf and confirm that this instruction cannot be revoked once your bank has received it.

Important: Paytently never stores or has access to your banking login credentials – we simply transmit them securely to your bank at your direction during the session and never retain them. The PIS is a one-off service (not a standing arrangement); you will need to authorize it each time you make a new payment request. Paytently will confirm successful initiation of the transaction, and then the responsibility for executing the payment lies with your bank. Section 14 (Liability) below explains our responsibilities regarding PIS. Generally, no fees are charged to you by Paytently for using PIS; any PIS-related fees would be borne by the merchant or reflected in the transaction price (your bank should not charge you extra for using a regulated PIS provider).

3.6 Account Information Service (AIS)

Paytently’s AIS allows you to aggregate and share information from your external bank accounts. With your consent, Paytently can connect to your bank and retrieve data such as your account balance, transaction history, and personal details (collectively, “Account Information Data”). For example, you might use AIS to verify your identity or financial status with a service provider (such as for a loan application or an online gaming account). When you opt to use AIS, you will select your bank and the specific account(s) to retrieve data from, then authenticate with your bank (using your usual login/password or security method) to permit Paytently read-only access. As with PIS, your login credentials are never stored by Paytently or shared with the third party requesting the data; they are used only in real time to facilitate the connection and then discarded. The Account Information Data we obtain will be shown to you and, if applicable, passed to the third party you are interacting with (for example, the merchant or service provider who requested the check). We may also use the data to streamline your use of our other services (for instance, to suggest which of your accounts to pay from when using PIS). AIS is also a one-time service per request and cannot be revoked once we have transmitted the information as instructed. Paytently does not modify the information obtained from your bank and is not responsible for the accuracy of information held by your bank; we simply relay it as provided. We charge no fee to you for AIS; however, you should ensure any third party requesting your data is authorized and that you agree to their use of it. Any subsequent use of your data by the third party is governed by your agreement with that third party, not by Paytently.

3.7 Ancillary Services (FX and Others)

Paytently may offer operational services closely related to the above, such as currency exchange and data storage/processing in relation to payments. If you make a payment or hold an Account in different currencies, Paytently can perform currency conversion for you. Currency conversions use a reference exchange rate (for example, based on rates provided by our banking partners) plus a margin or fee as specified in the relevant Fee Schedule. We will inform you of the applicable exchange rate and any fees before executing a conversion whenever you initiate a multi-currency transaction. Other ancillary services we might provide include technical services to facilitate payment processing and safeguarding (holding) your data or funds pending execution of transactions. These ancillary services are provided only to support the main payment services and in accordance with our license permissions.

3.8 Services Not Covered

In exceptional cases, Paytently may permit a temporary negative balance on your settlement balance solely as an ancillary adjustment to the execution of a specific payment transaction (for example, where available funds are insufficient to complete a scheduled payout). Any such temporary negative balance is not a separate service, does not constitute lending or an overdraft, and may be subject to limits determined by Paytently. You must clear any negative balance without delay and no later than the end of the next business day. Paytently may charge a nominal fee for each temporary settlement adjustment, as set out in the applicable Fee Schedule. Paytently is under no obligation to permit or continue any temporary negative balance.

4. Eligibility

To apply for and use our Services, you must represent a legal entity (such as a company or organisation). By applying, you confirm that:

1. You are legally authorised to act on behalf of the entity and to bind it to agreements;
2. The entity is duly incorporated, validly existing, and operating in a jurisdiction where we offer our Services;
3. All information provided is accurate, complete, and truthful, and the entity meets all eligibility requirements.

Only businesses and other legal entities are eligible to apply for the Services. Applications submitted on behalf of an entity must be made by an authorised representative.

4.1 Onboarding and Verification:

We are required by law to perform customer due diligence (“Know Your Business” or KYB) checks before offering our Services. You agree to provide any information and documents we request during signup and thereafter for ongoing compliance. This may include personal identification, proof of address, information about your business or the purpose of your transactions, and so on. We may also verify your information via third-party databases or agencies. All information will be processed in line with our Privacy Policy and applicable data protection laws. We reserve the right to refuse any application at our sole discretion. We are not obliged to provide the specific reasons for any refusal, unless required by law. During onboarding and at any time afterward, Paytently may ask for additional or updated information to ensure we have accurate, up-to-date records and to comply with anti-money laundering/terrorism financing regulations. You must promptly inform us of any changes to the information you provided (for example, change of address, name, contact details, beneficial owners in case of companies, etc.). If at any point you no longer meet our eligibility criteria or fail to provide required information, we may suspend or terminate your access to the Services (see Section 12).

Upon successful completion of our checks and acceptance of your application, we will activate your Account and/or the requested Services. You will then be able to log in to our platform (using the credentials you set) and use the Services as described in Section 3.

4.2 Account Security:

Upon registration, you will create or be given security credentials (such as a password or other login authentication) for your Account. You are responsible for keeping those credentials confidential and secure. Do not share your login details with anyone. We will never ask you for your password by email or phone. If you suspect any unauthorized access to your Account, you must notify us immediately (see Section 7).

4.3 Regulatory Compliance:

We are committed to complying with all applicable laws, including anti-money laundering (AML) and counter-terrorist financing rules. By using our Services, you acknowledge that we will conduct ongoing monitoring of your account usage and transactions. We may inquire about the nature of certain payments or request additional documentation at any time as part of our regulatory obligations. If we detect or suspect that any transaction or activity may be linked to financial crime or other illegal behavior, we reserve the right to delay, block, or refuse the transaction and/or report it to the relevant authorities, in line with our legal obligations. Please note that we may be prohibited by law from informing you if such a report is made (to avoid “tipping off”). These measures are in place to protect you, Paytently, and the financial system from abuse.

5. User Responsibilities and Acceptable Use

When using Paytently Services, you agree to comply with all laws and regulations applicable (for example, those relating to anti-money laundering, fraud, sanctions, and data protection). You must use our Services only for legitimate purposes. By entering into these Terms, you make the following commitments and warranties to Paytently:

• Correct Information: All information you provide to us (during signup and during use of Services) is true, accurate, current, and complete, and you will promptly update us of any changes. You will not use false identities or provide false documents.
• Authority to Act: If you access or use the Services on behalf of a company or other organization, you confirm that you are properly authorized to act for that entity and that the entity agrees to be bound by these Terms.
• Lawful Purposes: You will not use the Services for any fraudulent, unlawful, or abusive purpose, as per prohibited uses below. We may publish or provide you with a list of prohibited activities or transactions, which you agree to respect.
• No Violation of Third-Party Rights or Policies: Your use of our Services will not violate any agreement you have with a third party (for example, your bank’s terms) and will not infringe anyone’s rights. If you use a card or bank account to fund transactions, you must be the named holder of that card or account. For example, if you top up your Account using a debit card, that card must belong to you.
• Account and Credential Security: You are responsible for keeping your Account credentials (login ID, password, 2FA codes, etc.) and any Payment Instruments (like cards or PINs) safe. Do not share your security details with anyone or allow any unauthorized person to use your Account. If you suspect your credentials or card have been lost, stolen, or compromised, you must contact us immediately (and in the case of a card, you should also immediately block it by contacting our support). Further details on liability for unauthorized transactions are in Section 7.
• Use for Intended Purpose: You will use the Services only as intended and not attempt to tamper, hack, modify, or otherwise undermine our security or functionality. You will not misuse the platform (for example, by uploading malware, attempting phishing, or engaging in any activities that threaten our systems or other users).
• Compliance and Cooperation: You will provide us with any information or documentation that we reasonably request to comply with our legal obligations (for example, anti-money laundering checks). You will not withhold information or provide misleading information when asked about the nature of a transaction or the source of funds.
• Joint Accounts or Third-Party Data: If you use our AIS to retrieve data from a joint bank account, you affirm you have authority from the other joint account holder to do so. If you provide us with personal data of any third party (for instance, details of a payment beneficiary), you confirm you have their consent or another valid legal basis to do so.
• Business Use: Our Services are made available exclusively to businesses and other legal entities and are not offered to consumers as direct customers of Paytently. By accessing or using the Services, you confirm that you are acting on behalf of a business. Your business is solely responsible for complying with all applicable laws, regulations, tax obligations, and operational requirements related to your use of the Services. You also agree to any additional terms or due-diligence measures we may require based on the nature and risk profile of your business activities.
• Prohibited Uses: Without limiting the above, you must not use your Account or any Services in connection with any of the following:
  
  • (a) any activity that is illegal or contravenes any economic/trade sanctions;
  • (b) fraud, scam, or pyramid schemes;
  • (c) gambling or gaming services in jurisdictions where these are illegal or without an appropriate license;
  • (d) the sale or purchase of counterfeit goods, illicit substances, or prohibited digital content;
  • (e) obscene or offensive activities; or
  • (f) any transaction that violates card network rules or banking regulations.

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Paytently reserves the right to update this list of prohibited activities at any time and will notify Users as appropriate. Using the Services in any prohibited manner is grounds for immediate suspension or termination of your Account (Section 12) and may be reported to law enforcement or regulators as required.

You agree that you are liable for any losses or damages suffered by Paytently or any third party as a result of your breach of these User responsibilities or other provisions of these Terms. If you become aware of any misuse of the Services or any security incident (for example, if you suspect someone has gained unauthorized access to your Account or if you receive a payment in error), you must notify us immediately.

6. Fees and Charges

6.1 Transparent Pricing

Paytently provides clear and transparent pricing for all PIS, AIS, and card facilitating services. All applicable fees are defined in your separate commercial agreement or the relevant Fee Schedule. By using the Services, your business agrees to pay the fees set out in those documents.

6.2 Service Fees

Fees may apply for the use of PIS, AIS, or card facilitating services, including but not limited to service charges, usage-based fees, integration fees, or other agreed commercial costs. These fees are determined by your agreement with Paytently and communicated to you in advance.

6.3 Payment of Fees

Unless otherwise agreed, Paytently will invoice your business for all fees due under your commercial terms. You agree to pay all invoices within the timeframe specified in your agreement. If any amounts remain unpaid, Paytently may, after providing notice, recover such amounts through any lawful means, including set-off against amounts otherwise payable to you. Continued non-payment may result in suspension, limitation, or termination of Services.

6.4 Third-Party Costs

If your use of PIS, AIS, or card facilitating services involves third-party providers (such as banks, card networks, connectivity providers, or data services), your business is responsible for any charges imposed by those third parties unless expressly stated otherwise in your agreement with Paytently.

6.5 Currency Conversion Fees

If Services involve currency conversion, a conversion fee or margin may apply. This may be included in the exchange rate provided or listed separately. The applicable rate or markup will be disclosed to you before the conversion is executed. By proceeding, you acknowledge that exchange rates fluctuate and that Paytently applies a commercially reasonable margin over the reference rate.

6.6 Changes to Fees

Paytently may update its fees from time to time. Any changes affecting your use of PIS, AIS, or card facilitating services will be communicated to you in accordance with your agreement. If you do not agree to the updated fees, you may terminate the Services in line with the termination provisions of your contract. Continued use of the Services after the effective date of a fee change constitutes acceptance of the revised fees. Minor changes that do not adversely affect your rights may be made without prior notice.

7. Security and Unauthorized Transactions

You are responsible for protecting all credentials, systems, and integrations used to access the Services. Any use of the Services through your credentials will be treated as authorized by your business unless you notify us promptly of a suspected compromise. You must inform us without delay of any security breach or unauthorized access. Paytently is not responsible for losses arising from unauthorized use resulting from your failure to maintain adequate security controls.

7.1 Security Responsibilities

Security is a shared responsibility. Paytently implements robust technical and organisational measures to protect our systems and the data we process, including encryption, access controls, and strong customer authentication where required under PSD2. Although Paytently does not provide customer-facing payment accounts, funds held for settlement are recorded in an internal ledger that may be treated as a “payment account” solely for regulatory classification.

You are responsible for safeguarding all credentials, authentication methods, API keys, access tokens, and any other security materials used to access or integrate with the Services. You must ensure that no unauthorised person gains access to your systems or credentials. This includes: (a) keeping all login credentials, passwords, PINs, and authentication codes confidential; (b) not storing or sharing credentials in a manner that could be recognised or accessed by others; (c) maintaining up-to-date antivirus, security patches, and protective software on any systems used to access the Services; and (d) monitoring your settlement activity, notifications, and system logs for any anomalies.

7.2 Reporting Security Incidents or Unauthorised Use

If you believe that any credentials, API keys, authentication materials, or access to the Services have been lost, stolen, compromised, or used without authorisation, you must notify Paytently immediately through the contact channels specified in these Terms.

7.3 Unauthorised Transactions – B2B Liability Framework

If an unauthorised payment transaction is executed from your settlement balance due to compromise of your credentials or systems, Paytently will investigate and, where the unauthorised nature of the transaction is confirmed, and you have complied with your security obligations, we will correct the transaction and restore your position to what it would have been had the unauthorised transaction not occurred.

You may be fully liable for losses arising from unauthorised transactions if:

• you acted fraudulently;
• you failed to comply with your security obligations under these Terms; or
• the compromise resulted from your gross negligence (including inadequate system security, credential sharing, or failure to implement reasonable access controls).

Once you have notified us of a suspected compromise, you will not be liable for further unauthorised transactions executed after the time of notification, except where you acted fraudulently.

7.4 Errors or Incorrect Transactions

If you believe a payment has been executed incorrectly or not executed at all, you must inform Paytently without undue delay after becoming aware of the issue. We will investigate and correct any errors attributable to us, including re-executing or refunding the affected transaction where appropriate. If the error results from incorrect or incomplete instructions provided by you, Paytently will make reasonable efforts to assist in recovering the funds, but we cannot guarantee recovery and may charge a reasonable fee for such efforts as set out in the relevant Fee Schedule.

If funds are sent to Paytently or allocated to your settlement balance in error, you agree to cooperate in returning the funds. Paytently may reverse an obvious misallocation upon notice to you.

7.5 Blocking and Unblocking Access

Paytently may suspend or block access to the Services, credentials, or integrations where we suspect unauthorised or fraudulent use, detect unusual activity, or identify security risks. Where legally permissible, we will inform you of the suspension and the reasons for it. Access will be restored once the underlying issue has been resolved.

7.6 Incident Reporting

Paytently maintains processes to detect, manage, investigate, and remediate operational and security incidents affecting the Services. Where an incident meets the applicable regulatory reporting threshold, including a “major” operational or security incident affecting payment services, Paytently will submit the required notifications and reports to the MFSA and any other relevant competent authorities, in accordance with applicable law and regulatory requirements. If an incident constitutes a personal data breach that is likely to result in a high risk to the rights and freedoms of individuals, Paytently will communicate the breach to affected individuals without undue delay, as required under applicable data protection law. Paytently maintains contingency, business continuity, and mitigation measures designed to reduce the impact of incidents and to restore the Services as soon as reasonably practicable.

8. Execution of Payments and Delivery of Services

When you initiate a payment through Paytently, we will execute it in accordance with these Terms and the requirements of applicable law. The following outlines how we handle execution:

SECTION 8.1 BELOW DESCRIBES THE ROLE OF PAYTENTLY WHEN CUSTOMERS MAKE PAYMENTS TO A BUSINESS CLIENT THROUGH THE SERVICES.

8.1 Merchant Payments (Acquiring)

When Paytently processes a payment transaction on behalf of a merchant (business client)—including card payments, PIS transactions, or any other supported payment method Paytently acts solely as a payment service provider to that merchant for the purpose of processing the transaction. Our role is limited to transmitting your payment to the merchant. The underlying purchase of goods or services is a separate agreement strictly between you and the merchant, and the merchant’s own terms, conditions, and refund policies apply to that purchase. We are not responsible for the quality, safety, legality, delivery, or any other aspect of the goods or services you obtain from merchants using our Services.

If you have a dispute about the goods or services you purchased (for example, if an item is not delivered, is defective, or does not match its description), you must resolve that matter directly with the merchant. If you believe a payment transaction itself was unauthorized or processed incorrectly, you may raise a dispute with us, and where applicable for card payments, you may also exercise any chargeback rights available through your card issuer. We will assist you as required under applicable law and payment network rules.

8.2 Submission of Payment Orders

To issue a payment order (for example, a transfer out of your Account), you must follow the instructions on our platform (or provide the order via any interface we support). You will typically need to provide the recipient’s payment details (such as IBAN or other identifier), the amount, currency, and any reference. We may ask you to confirm the order with a security step (like entering a code sent to your phone) to authenticate the instruction. Once a payment order is received by us, it becomes irrevocable – you cannot cancel it after the point in time we have indicated as the cutoff. For recurring or future-dated orders (like standing orders), you can cancel up until the end of the business day before the scheduled execution date.

8.3 Cut-off Times and Execution Times

Payment orders received by us on a business day before our cut-off time (as published on our website or otherwise communicated, which may depend on the currency and destination) will be processed the same day. Orders received after the cut-off or on non-business days will be deemed received on the next business day. We will credit outgoing payments to the payee’s bank by the end of the next business day following receipt of your order for EUR payments within the EEA (this may extend by an extra day for paper-initiated payments or certain other currencies). In practice, many EUR payments (SEPA transfers) will arrive within the same day or the next day. Payments outside the EEA or in non-EUR currencies may take longer depending on correspondent banks, but we will execute them as quickly as possible. Paytently’s Payment Initiation Service transactions rely on normal banking clearing – while many will be instant or same-day, in exceptional cases, it may take up to 3 business days for the funds to reach the merchant’s account. We will notify you (through the website or via a confirmation message) when your payment order is received and being processed. Incoming payments to your Account will be credited and made available to you immediately after we receive them, with the value date being the date we received the funds.

8.4 Limits

We may impose limits on the amount or frequency of transactions for security and compliance reasons. For example, your Account may have a maximum daily transfer limit, or your card might have per-transaction and daily spending limits. These may be set based on our risk assessment and regulatory requirements. We will inform you of relevant limits (either in your Account settings or upon attempting a transaction that would exceed a limit). We may adjust limits from time to time and will notify you appropriately of significant limit changes.

8.5 Refusal of Payment Orders

We may refuse to execute a payment order in certain circumstances, for instance: if your Account has insufficient funds; if the payment instruction is unclear or incomplete; if the beneficiary details provided are invalid; or if the transaction would violate these Terms or any law/sanction. If we refuse an order, we will let you know (via the platform or other means) and, if possible, provide the reason and how to correct any errors (unless prohibited by law from informing you). Paytently is not liable for any delay or failure caused by a rightful refusal of an order that meets legal and contractual conditions for refusal.

8.6 Receiving Payments

If you receive funds into your Account (for example, someone sends you money or you receive a refund), we will credit your Account promptly. You should be aware that received payments might be subject to reversal if, for instance, the sender’s bank reverses the payment or a card payment you received is charged back. If funds are added to your Account and later need to be returned (for example, due to a chargeback or sender error), we reserve the right to deduct those funds from your Account. We will notify you if this happens and explain. We also may freeze or hold a received payment amount if required by payment network rules (for example, delaying availability of funds for a short period to ensure the payment is not disputed).

9. Personal Data and Privacy

Protecting your personal data is very important to Paytently. By using our Services, you acknowledge that certain personal data will be processed by us in order to provide the Services and for related regulatory and business purposes. This may include data we collect from you directly, as well as data retrieved from third parties (for example, via AIS or information from identity verification services). We process personal data in accordance with all applicable data protection laws, including the EU General Data Protection Regulation (GDPR). Please refer to our Privacy Policy (available on our website) for detailed information on how we collect, use, share, and protect your personal data. Our Privacy Policy also outlines your data protection rights (such as rights of access, rectification, erasure, objection, etc.). By agreeing to these Terms, you also confirm you have read our Privacy Policy.

In summary, the personal data we process may include your identification details, contact information, financial information (account balances, transaction history), and any other data needed to provide the Services or comply with legal obligations. We use this data for purposes such as: verifying your identity, preventing fraud and money laundering, executing your payment instructions, communicating with you, providing customer support, improving our Services, and as otherwise described in the Privacy Policy. We may share your data with third parties only in line with the Privacy Policy – for example, with our banking partners (to execute a payment), with merchants or parties you are paying or sharing data with (when you use PIS or AIS, with your consent), with service providers who help us operate (under strict confidentiality arrangements), or with government authorities/regulators as required by law. We will never sell your personal data to third parties for their own marketing.

By using Paytently, you also consent to our use of anonymous or aggregated data for statistical and analytical purposes, as long as it is not identifiable to you. If you opt in to marketing, we may send you news or offers, but you can opt out at any time. Please review the Privacy Policy for information on cookies and online data collection if you use our website.

If you have questions about our data practices, you can contact us at dpo@paytently.com. Remember, using AIS/PIS may involve us retrieving data from your external bank – we will only do so with your explicit consent and solely to provide the service requested. We implement strong security to protect data in transit (for example, using encryption for AIS/PIS communications) and do not retain sensitive banking credentials.

9.1 Legal Bases and Retention

We process personal data strictly in accordance with applicable data protection laws, including the GDPR, and only for purposes permitted under these Terms. Details of the categories of data we collect, the purposes for which we use it, and your rights in relation to your personal data are set out in our Privacy Policy, which forms part of these Terms. By using our Services, you acknowledge that your personal data will be handled as described in the Privacy Policy. 9.3 Your Data Protection Rights: As a data subject, you have various rights under the GDPR and Maltese data protection law. These include the right to request access to the personal data we hold about you, the right to correct or update your data if it is inaccurate, the right to request deletion of your data (in certain circumstances), the right to restrict or object to our processing of your data, and the right to data portability. You also have the right not to be subject to a decision based solely on automated processing (except as permitted by law). These rights are subject to conditions and exceptions as set out in the law and explained in our Privacy Policy. If you wish to exercise any of these rights, you can contact us for assistance. In addition, you have the right to lodge a complaint with the competent data protection authority if you believe that we have infringed your data protection rights in processing your personal data. We would, however, appreciate the chance to address your concerns directly first, so please consider reaching out to us to resolve any issue.

10. Service Availability and Maintenance

Paytently strives to provide Services of high quality and reliability. However, we do not guarantee that the Services will be uninterrupted or error-free at all times. There may be occasions when certain Services or features are temporarily unavailable, for example due to system maintenance, upgrades, or unanticipated technical issues. We will use reasonable efforts to inform you in advance of any planned maintenance downtime via our website or email, and to schedule maintenance during off-peak hours to minimize disruption. In case of unplanned outages or technical problems, we will work to restore the Services as soon as possible.

10.1 No Liability for Outages

To the extent permitted by law, Paytently will not be liable for any losses or inconvenience you may suffer due to Services unavailability, system delays, data errors, or similar technical issues. This includes any inability to initiate or complete transactions due to downtime, or any inaccurate information provided by our AIS (for instance, if the data from the payer’s bank is outdated or wrong). That said, if a technical malfunction causes a payment to execute incorrectly or not at all, we will of course correct the error and take steps per Section 14.

10.2 Security and Improvements

Occasionally, we may need to suspend the Services temporarily to implement technical improvements, updates, or security patches. In addition, we might modify the Services or their interfaces to add new features or comply with changes in legal requirements. Such changes are part of our effort to provide a better and more compliant service. Where a change significantly affects how you use the Service (beyond minor bug fixes or UI improvements), we will communicate this to you (see Section 11 on changes).

10.3 Third-Party Services

Some aspects of our Services depend on third-party providers (for example, banking networks, technical platform/technology service providers, telecommunications providers, internet access providers). We are not responsible for any failure or delay caused by these external services. For example, if your mobile network fails and you cannot receive a two-factor authentication SMS, that issue is outside our control. We will, however, make reasonable efforts to work with these providers to resolve issues that impact our Services. Please note: If we outsource any critical functions or rely on subcontractors to support our Services, Paytently remains fully responsible for fulfilling our obligations to you under these Terms and applicable law. We conduct due diligence and ongoing oversight of our service providers to ensure that any outsourced services meet our standards and regulatory requirements.

10.5 Your Equipment

You are responsible for obtaining and maintaining any equipment or software needed to access our Services (such as a computer, smartphone, internet connection, or an up-to-date browser). Paytently is not liable for any failures or incompatibilities of your own technology that may affect the Service (for instance, using an outdated browser that isn’t supported). We advise keeping your devices updated to the latest versions and ensuring they meet any minimum requirements we may specify.

11. Changes to Terms and Services

11.1 Changes to these Terms

Paytently may amend these Terms from time to time to reflect changes in our Services, adapt to new legal or regulatory requirements, or for any other legitimate business reason. We will notify you of any material changes to the Terms within a reasonable notice period before the changes take effect. If you do not agree with the proposed changes, you have the right to terminate your agreement with us and close your Account (if applicable) at no cost before the date the changes would apply. If you do not terminate and continue to use the Services after the effective date, you will be deemed to have accepted the updated Terms. Our change notice will remind you of your right to reject changes by terminating the Services. Minor changes that do not negatively affect your rights (such as editorial corrections or enhancements that benefit you) may be made without prior notice, but will be reflected in the latest Terms available on our website.

WHERE YOU ARE A CONSUMER OR A MICRO-ENTERPRISE: we will notify you of any material changes to these Terms by email (or, in case of Micro-Enterprise, secure message via your Account) at least 1 month before the changes take effect, or such longer period as may be required by applicable law. During this notice period, you may exercise your right to terminate the agreement in accordance with Section 11.1 if you do not agree with the proposed changes. If you do not notify us of termination before the effective date and continue to use the Services, you will be deemed to have accepted the changes.

11.2 Changes to Services

We reserve the right to change, suspend, or discontinue any of our Services or introduce new services at any time. For example, we may add a new feature or retire an old feature. If a change in Services will have a material impact on you (for instance, if we decide to discontinue a particular payment method you are using), we will notify you in advance when feasible. In some cases, regulatory or security requirements might require us to make immediate changes; in those situations, we will inform you as soon as possible after. We also reserve the right to upgrade or update our software and systems. You may be required to use an updated browser version to continue using the Services effectively.

12. Suspension and Termination

12.1 Suspension by Paytently:

We may suspend or restrict your access to the Services immediately, and without prior notice where justified, in circumstances including:

(a) where we suspect unauthorized access to, or compromise of, your systems or credentials used to access the Services;

(b) where we suspect that the Services are being used for fraud, money laundering, or any other unlawful activity;

(c) where you are in material breach of these Terms or we reasonably believe such a breach is likely to occur (including where you engage in prohibited activities or provide false or misleading information);

(d) where continued provision of the Services may expose Paytently to liability or breach applicable law, regulatory requirements, or card network rules; or

(e) where technical or security issues require suspension to protect the integrity of the Services.

We may also suspend the Services if required by law, a regulator, or a card network. We will notify you of any suspension and the reasons for it (unless we are legally prevented from doing so) as soon as reasonably practicable. Service access will be reinstated once the underlying issue has been resolved or determined to be unfounded.

12.2 Termination

Either party may terminate this Agreement in accordance with the termination provisions set out in the separate agreement signed between the merchant and Paytently. If you wish to terminate, you must provide written notice in the manner and within the notice period specified in your agreement with us. Earlier termination may be arranged if mutually agreed in writing.

Upon termination, you remain responsible for all obligations incurred prior to the effective termination date, including any outstanding fees, chargebacks, reversals, or other liabilities arising from your use of the Services. Any funds held for settlement at the time of termination will be transferred to the settlement account designated by your business once all in-progress obligations have been completed. You must not seek to terminate the agreement for the purpose of avoiding investigations or compliance reviews; if your use of the Services is under review, Paytently may defer termination until the matter is resolved.

Following termination, access to the Services will cease, and it is your responsibility to secure or download any records you require before the termination becomes effective. Termination does not affect any rights or obligations that have accrued prior to the termination date.

12.3 Effects of Termination

Upon termination (by either party), your right to use the Services ceases. You must destroy or return any materials or devices we provided (for example, cut up any physical card). Any licenses or rights granted to you under these Terms also end. However, sections of these Terms which by their nature should survive termination (such as provisions on liability, dispute resolution, and our rights to recover fees or losses) shall survive and remain in effect. Termination does not relieve either party of obligations incurred prior to termination. We will give you, upon request, a final statement of your Account and/or information about your transactions up to the date of termination (free of charge). We recommend you download your transaction history from the platform prior to closure for your records.

SECTION 12.4 APPLIES ONLY TO ELIGIBLE CONSUMERS.

12.4 Right of Withdrawal

If you are a consumer (or a Micro-Enterprise treated as a consumer under Maltese law) who has entered into these Terms as a distance contract, you have a legal 14-day “cooling-off” period. This means you may withdraw from this agreement within 14 days of the date of accepting the Terms, without giving any reason. To exercise this right, you must notify us (for example, by email) within the 14-day period. If you exercise the right of withdrawal, we will close your Account and terminate the agreement. We will refund any available balance to you after deducting any fees for services you have used, if applicable.

13. Support and Complaints

13.1 Contacting Support

General information about the Services, including these Terms, is available on our website at any time. For specific enquiries or technical support, you may contact us via the designated support email address notified to you from time to time.

Unless otherwise agreed, we will communicate with you electronically. In case of lost/stolen cards or urgent security issues, a 24-hour helpline or emergency procedure will be provided.

13.2 Complaints Handling

Complaints may be submitted by email using the contact details provided to you in your agreement with Paytently.

Please outline the details of your complaint, including relevant transaction information and your desired resolution. We will acknowledge receipt of your complaint within 2 business days. Our complaints team will investigate and provide you a substantive response as soon as possible, typically within 15 business days of receiving the complaint. If for any reason we cannot respond fully within 15 business days, we will send you a holding reply by then to let you know the cause of delay and the expected timeframe for a final response (which will be within 35 business days at most, in line with regulatory requirements). Our final response will be sent in writing (usually via email) and will address the issues raised and any proposed resolution.

BELOW IS THE SECTION ADDITIONALLY APPLICABLE TO CONSUMER SUPPORT AND COMPLAINTS.

13.3 RAISING A COMPLAINT

If you have a complaint about our Services or believe we have made an error, please get in touch with us as soon as possible. You may contact us by email at: complaints.pi@paytently.com

Alternatively, you may send a written letter to:

Paytently PI Limited  
The Adelaide, 230/231 Tower Road,  
Sliema, SLM 1601, Malta.

If you are still not satisfied with our final response, or if we fail to respond within the stated timeframes, you may be entitled to escalate the complaint to an independent dispute resolution body. As Paytently is licensed in Malta, consumers (and in some cases Micro-Enterprises) can refer unresolved complaints to the Office of the Arbiter for Financial Services in Malta. The Arbiter for Financial Services (OAFS) is an autonomous and independent body set up by law to handle disputes between consumers and financial services providers. You can contact the Arbiter at: Office of the Arbiter for Financial Services, N/S in Regional Road, Msida MSD 1920, Malta. Email: complaint.info@asf.mt. More information is available on the Arbiter’s website at https://financialarbiter.org.mt/.

14. Liability Provisions

14.1 General Liability Principles

Paytently will be liable to you for direct losses or damages caused by our breach of these Terms or our negligence, but only to the extent such losses were reasonably foreseeable and directly result from our actions. We are not liable for indirect, incidental, or consequential losses that you might incur, such as lost profits, loss of opportunity, or reputational harm, except where the law does not allow us to exclude such liability or if such losses are a direct result of our gross negligence or willful misconduct. In particular, we will not be liable for losses arising from our compliance with legal or regulatory requirements or for events beyond our reasonable control (see Force Majeure in Section 15).

Paytently’s Services rely on various systems and data sources, including third-party payment or technical service providers. We cannot guarantee that those external systems will always function correctly or remain continuously available. However, if our own systems are breached as a result of our negligence and your data or funds are compromised, we accept responsibility for the resulting loss.

You, the User, also have a duty to mitigate any losses. If an issue arises, you must take reasonable steps to minimize the impact (for example, resolving disputes with your customers who used the Services to make payments, or notifying us immediately if you suspect fraud, so that losses can be limited). If you fail to do so, any avoidable additional loss that could reasonably have been avoided may not be recoverable from us.

Nothing in these Terms shall exclude or limit liability where it is unlawful to do so, such as liability for death or personal injury caused by negligence, or liability for fraud or fraudulent misrepresentation.

14.2 Paytently’s Liability for Payment Transactions (Account Services)

Where Paytently executes a payment or settlement instruction for the benefit of a business client (excluding PIS transactions, which are governed separately), Paytently is responsible for the correct execution of that instruction unless we can demonstrate that the beneficiary’s payment service provider received the funds. If a payment is not executed, is executed incorrectly, or is sent for the wrong amount due to an error on our part, we will correct the error without undue delay once confirmed. This may include re-executing the payment, refunding the incorrect amount to the payer.

If you are the intended recipient of funds processed through Paytently and the payment does not arrive or is credited incorrectly, Paytently is liable only where we have received the funds from the payer’s payment service provider and failed to allocate or credit them correctly. If the payer’s bank or provider did not send the funds to us, we are not responsible for the non-receipt; liability in such cases rests with the payer’s provider.

If incorrect payment details were provided to Paytently (such as an incorrect beneficiary account number or identifier), we are not liable for executing the payment in accordance with such instructions. We will, however, make reasonable efforts to assist in recovering the funds. Recovery attempts may be subject to a fee as set out in your agreement with us or the relevant Fee Schedule.

14.3 Paytently’s Liability for PIS Transactions

When the Payment Initiation Service is used to instruct a payment from an external bank account, Paytently is responsible for successfully transmitting the payment order to the relevant bank and for properly authenticating with that bank, but the bank is ultimately responsible for executing the payment transfer correctly. This means that if the payment is initiated successfully on our end (we sent the correct instruction) and the bank received that instruction, any failure or delay in actually moving the funds to the beneficiary is the responsibility of the bank (or other account-holding institution, as may be applicable). In case we caused an error in the initiation (for example, if we transmitted the wrong account number to the bank, or initiated a different amount than was approved), then we will be liable and will cooperate to trace or correct the payment. If an error in a PIS transaction is attributable to us, we will promptly refund any loss and work with the bank to ensure the payment is completed or money is returned. If a PIS-initiated payment is not executed or is defective due to our fault, we will take reasonable steps to trace the payment and inform the merchant of the outcome. We will not double-charge for a payment that did not go through (for instance, if we have to re-initiate it).

If a payment is initiated via PIS and succeeds, it cannot be cancelled through Paytently after the moment it is authorized with the bank (it becomes irrevocable at that point, as explained in Section 3.5).

14.4 Paytently’s Liability for AIS

When providing Account Information Services, Paytently is responsible for accurately retrieving and displaying the data from the external bank at the time of the payer’s request. We rely on the information provided by the bank, and we are not liable for any inaccuracies in such information.

14.5 Business Client’s Liability to Paytently

You agree to indemnify and reimburse Paytently for any losses, costs, or damages (including reasonable legal fees) that we suffer as a result of your breach of these Terms, your illegal use of the Services, or your fraud or negligence. For example, if you conduct a transaction that is later determined to be fraudulent or unauthorized and we incur a chargeback or penalty, or if you use the Services in a way that causes us to be fined by a regulator or card network, we may seek to recover those amounts from you. We will inform you of any such claim or liability and, whenever possible, give you an opportunity to respond or remedy the issue before debiting any of your funds. Any deduction of your funds to cover liabilities will be done in line with applicable law and the provisions of these Terms (see also Section 6 on our set-off rights).

14.6 ADDITIONAL PROVISIONS IN CONNECTION WITH CONSUMERS

If our Account Information Service is not provided at all, or is provided incorrectly due to our fault, and this causes you damage, we will compensate you for those direct damages. Similar to Payment Initiation Service, any subsequent use of the data by a third-party, for example, our business client (merchant) you shared it with, is governed by your agreement with that third party. Paytently isn’t liable for what that third-party does with the information or any decisions they make based on it.

Any disputes about an executed PIS payment (for example, claims that the payment was unauthorized or complaints regarding non-delivery of goods or services) should be raised by the User with the bank and, where applicable, directly with the merchant. Paytently does not have the ability to revoke a payment once it has been sent to the banking system. Also, Paytently is not liable for the underlying purchase made from the merchant using PIS. Any contract of sale is between you and the merchant, so we disclaim liability for issues like non-delivery or product quality. If you use PIS/AIS and suspect that your bank credentials or access to your bank account may have been compromised, you must also notify your bank without delay. Prompt reporting is essential to mitigate further misuse.

You will be responsible for losses suffered by Paytently where such losses arise from your fraudulent conduct, intentional misuse of the Services, or deliberate breach of these Terms. Where losses result from your negligent failure to comply with your security obligations (for example, failure to safeguard your authentication credentials), you may be liable to the extent permitted by applicable law. Paytently will not seek to recover from you any losses that are attributable to our own breach of these Terms, negligence, or failure to comply with applicable law. Any recovery of amounts from you will be carried out in accordance with applicable law and will not affect any mandatory consumer rights.

14.7 Liability Exceptions and Force Majeure

Neither party will be liable for any failure to perform or delay in performing any obligation (except any payment obligations for sums owed) due to circumstances beyond their reasonable control, as described under Force Majeure in Section 15. Also, if we can demonstrate to you that another bank, financial institution or payment service provider involved in a transaction (for example, the payer’s bank or an intermediary) is at fault for not processing it correctly or on time, then – as permitted by law – we may not be liable for that portion of the failure (since that other institution would be responsible). In such cases we will make efforts to assist you in recovering the funds or otherwise remedying the situation, as far as reasonably possible.

15. Force Majeure (Events Beyond Our Control)

Paytently shall not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms if such failure or delay is caused by extraordinary events or circumstances beyond our reasonable control (each a “Force Majeure Event”). Force Majeure Events include, but are not limited to: natural disasters (acts of God) such as fires, floods, earthquakes, or hurricanes; wars, riots, civil disturbances, acts of terrorism, or armed conflict; labor disputes like strikes, lockouts, or boycotts (including those affecting us or key service providers); epidemics or pandemics; governmental actions or new laws/regulations that prevent us from offering the Services; power failures or utility outages; cyber-attacks (for example, widespread denial-of-service attacks) or major disruptions of our internet/cloud providers despite reasonable protections; and failures of third-party service providers (such as critical telecommunications or banking infrastructure) that are outside our control.

If such an event occurs, we will make reasonable efforts to minimize the impact on our Services and to resume normal operations as soon as feasible. However, during the continuation of a Force Majeure Event, any obligations that we cannot perform due to the event will be suspended to the extent and for the duration that performance is affected. For example, if a sudden government order freezes all electronic payments, we will be excused from executing transactions until legally permitted to do so.

We will, where possible, inform you of the occurrence of a Force Majeure Event and keep you updated on the status. If a Force Majeure Event persists such that it becomes impossible to fulfill these Terms or the Services must be fundamentally changed, either party may have the right to terminate the agreement per Section 12 without penalty.

Note that general economic conditions or market fluctuations do not constitute Force Majeure Event. For instance, a mere change in currency exchange rates or an economic recession does not excuse performance of payment obligations; whereas a government-imposed freeze of banking operations would qualify. Also, if an event affects only you (for example, your own internet connection fails), that is not Force Majeure Event on our side (though it might be on yours).

16. Miscellaneous Provisions

16.1 Intellectual Property

All content, software, and technology provided by Paytently (including our website design, logos, trademarks, and the underlying software/platform enabling the Services) are the intellectual property of Paytently or its licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use our platform and Services as intended and in compliance with these Terms. You shall not copy, modify, distribute, sell, or lease any part of our intellectual property, nor reverse engineer or attempt to extract the source code of our software, except as permitted by law. The name “Paytently” and related marks are our trademarks; you may not use them without our written permission. If you provide feedback or suggestions regarding our Services, we may use such feedback without obligation to you (we appreciate it, but we’re not required to compensate you). This section survives termination of these Terms.

16.2 Assignment

You may not transfer or assign any rights or obligations under these Terms to anyone else without our prior written consent. These Terms are personal to you. Paytently, however, may transfer or assign its rights and obligations (in whole or in part) to another entity, for example in the event of a corporate reorganization, merger, acquisition, or transfer of business, provided that such assignment will not adversely affect the Services provided to you or your rights under these Terms. We will notify you of any such assignment if it results in a change of the service provider or contractual counterparty. These Terms will be binding on any permitted successors or assigns.

16.3 No Waiver

If either party fails to enforce any provision of these Terms or delays in doing so, it shall not constitute a waiver of that right or provision. For example, if you breach the Terms and we do not immediately take action, we are not giving up our right to do so later. Any waiver of rights shall only be effective if in writing and signed by the party granting the waiver.

16.4 Severability

If any provision (or part of a provision) of these Terms is found by a court or regulatory authority to be invalid, illegal, or unenforceable, this will not affect the validity of the remaining provisions. The invalid part shall, if possible, be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, that part shall be deemed deleted. The rest of the agreement will continue in full force and effect.

16.5 Entire Agreement

These Terms, along with any documents expressly incorporated by reference (such as the Privacy Policy), constitute the entire agreement between you and Paytently regarding the Services. They supersede any prior agreements, understandings, or communications between you and us, whether written or oral, relating to the same subject matter. In case of any conflict between these Terms and any other Paytently policy or document, these Terms will prevail to the extent of the inconsistency (unless explicitly stated otherwise).

16.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Paytently. We are an independent service provider. You are not authorized to make any commitments on our behalf, and vice versa. The relationship is that of service provider (Paytently) and customer (you). Neither party is the legal representative of the other, and neither can bind the other in any way.

16.7 Third-Party Rights

These Terms are for the benefit of you and Paytently and are not intended to confer any rights on any third parties (except any person to whom Paytently validly assigns these Terms, as per Section 16.2). No person other than the parties to these Terms shall have the right to enforce any term of it.

16.8 Governing Law and Jurisdiction

These Terms (and any non-contractual obligations or claims arising out of or in connection with them) shall be governed by and construed in accordance with the laws of Malta.

Any dispute or claim arising out of or relating to these Terms or the provision of our Services that cannot be resolved amicably or via the complaint process (Section 13) shall be subject to the exclusive jurisdiction of the Maltese courts, unless otherwise required by applicable law.

THE FOLLOWING PROVISIONS APPLY WHERE YOU ARE A CONSUMER.

If you are a consumer residing in another country, any mandatory consumer protection provisions of your home country’s law will apply for your benefit, to the extent those are more favorable. In any event, reference to Maltese law is only with prejudice to such consumer rights.

You may also have the right to bring an action in the courts of your country of residence for certain disputes – nothing in these Terms will deprive you of any such right under EU consumer law. By agreeing to these Terms, you consent to the jurisdiction of the courts of Malta for the purpose of litigating any disputes that arise, except to the extent a different jurisdiction is required by mandatory law.

16.9 Language

These Terms are drafted in English. If we provide a translation, it is for convenience only. In the event of any inconsistency between the English text and a translated version, the English version shall prevail.

‍Thank you for choosing Paytently. If you have any questions about these Terms or our Services, please contact us via our website or support channels. We value your trust and look forward to serving your payment needs securely and efficiently.