Terms of Service
Effective Date: June 14, 2025
Company: Kadima Payments Inc. ("Kadima", "we", "us", or "our")
These Terms of Service (“Terms”) govern your access to and use of any services, websites, applications, forms, and communication tools offered by Kadima Payments Inc. By accessing, submitting information to, or otherwise engaging with Kadima, you (“you”, “User”, or “Client”) acknowledge and agree to be legally bound by these Terms. If you do not agree, you are prohibited from accessing or using any Kadima services.
1. Eligibility
Use of Kadima services is limited to individuals who are at least 18 years of age and authorized to act on behalf of a legitimate business entity. By submitting any inquiry or application, you represent and warrant that all information provided is truthful, accurate, and complete. Misrepresentation or falsification of any information constitutes a material breach and may result in immediate suspension or legal action.
2. Use of Services
You agree to use Kadima’s services solely for lawful commercial purposes. You shall not:
Violate any applicable federal, state, or local law;
Engage in any fraudulent, deceptive, or misleading conduct;
Attempt to reverse engineer, replicate, or exploit any part of Kadima’s systems, forms, or intellectual property.
Kadima reserves the right to restrict or revoke access to its services at any time, with or without notice, at its sole discretion.
3. No Guarantee of Approval
Submitting an application, scheduling a consultation, or engaging with Kadima does not constitute approval for payment processing or any other financial service. All merchant accounts are subject to due diligence, risk underwriting, and final approval by Kadima and its banking or processing partners. Kadima assumes no liability for delays or denials in application approval.
4. Fees & Payment Terms
All pricing, rates, fees, and financial terms shall be disclosed in writing upon onboarding. By proceeding, you agree to the terms outlined in your applicable Merchant Agreement. Failure to remit payment in accordance with agreed terms may result in immediate suspension, account freeze, or termination of services, without liability to Kadima.
5. Fraud, Misrepresentation & Enforcement
Kadima maintains a zero-tolerance policy for fraud or misrepresentation. If Kadima suspects, identifies, or receives credible information that you are engaged in unlawful, deceptive, or fraudulent activity:
Kadima reserves the right to immediately suspend or terminate all services, withhold funds, and report such conduct to our banking partners, processors, industry registries, and law enforcement or regulatory authorities.
You expressly waive any claims against Kadima related to such reporting and agree to indemnify Kadima for any damages, losses, or expenses (including attorneys’ fees) resulting from your conduct.
6. Intellectual Property
All proprietary content, software, designs, documentation, form layouts, sales systems, trademarks, service marks, and other materials provided by or associated with Kadima Payments Inc. (“Intellectual Property”) are the exclusive property of Kadima and are protected by U.S. and international intellectual property laws.
You may not use, reproduce, duplicate, distribute, modify, sublicense, or create derivative works from Kadima’s Intellectual Property without prior written consent.
Unauthorized use constitutes a material breach and may result in immediate legal action. Kadima reserves all rights to seek injunctive relief, statutory and actual damages, attorneys’ fees, and other remedies permitted by law or equity.
7. Limitation of Liability
To the fullest extent permitted by law, Kadima disclaims all liability for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, business interruption, loss of data, or reputational harm.
Kadima’s total liability under any theory of law shall be limited to the amount paid by you for services in the six (6) months preceding the event giving rise to the claim.
8. Indemnification
You agree to defend, indemnify, and hold harmless Kadima Payments Inc., its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, and expenses — including legal and professional fees — arising out of or related to:
(i) your use or misuse of the services,
(ii) your breach of these Terms, or
(iii) your violation of any law or rights of a third party.
9. Termination
Kadima may suspend or terminate your access to services at any time, with or without notice, for any reason or no reason, including but not limited to risk concerns, reputational harm, chargeback activity, suspected fraud, or non-compliance.
Termination shall not relieve you of any outstanding financial obligations or liability incurred prior to the termination date.
10. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California. You waive any objections to jurisdiction, venue, or forum.
11. Modifications
Kadima may revise these Terms at any time, in its sole discretion. Updated versions will be posted at kadimapayments.com/terms-of-service. Your continued use of the services after changes are posted constitutes your binding acceptance of the updated Terms.
12. Entire Agreement
These Terms, along with any signed agreements or legal addenda, constitute the entire agreement between you and Kadima Payments Inc. and supersede all prior communications, proposals, or understandings, whether oral or written. No waiver or modification shall be valid unless made in writing and signed by an authorized representative of Kadima.
13. Contact
Kadima Payments Inc.
Email: [email protected]
Toll-Free: (855) 2-KADIMA
Website: https://kadimapayments.com