Terms & Conditions
Effective Date: September 18, 2026
 
These Terms & Conditions (“Terms”) constitute a legally binding agreement between you, the business or entity you represent (“Merchant,” “you,” or “your”), and Wiser POS System LLC (“Wiser Transit,” “we,” “us,” or “our”).
These Terms govern your access to and use of Wiser Transit websites, point-of-sale software, mobile and desktop applications, merchant portals, devices, integrations, APIs, reporting tools, business management tools, support services, payment-related integrations, and any other products or services we provide (collectively, the “Services”).
By creating an account, selecting “Accept,” using the Services, connecting a payment account, purchasing or using Wiser Transit hardware, or otherwise accessing the Services, you acknowledge that you have read, understood, and agree to these Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

Merchant Agreement
These Terms & Conditions, together with any applicable merchant onboarding application, pricing disclosure, Software & Services Fee disclosure, subscription or service plan, order form, hardware or equipment terms, payment authorization, Privacy Policy, Acceptable Use Policy, and other terms expressly incorporated by reference, constitute the Merchant Agreement between the Merchant and Wiser POS System LLC.
 
By submitting a merchant application, creating or activating a Wiser Transit account, accepting applicable pricing, selecting “I Agree,” “Accept,” or a similar electronic acceptance mechanism, connecting or authorizing a payment account, purchasing or using Wiser Transit hardware, or accessing or using the Services, the Merchant acknowledges that it has read, understood, and agrees to be legally bound by this Merchant Agreement.
If an individual accepts this Merchant Agreement on behalf of a business or other legal entity, that individual represents and warrants that they have authority to bind that entity to this Merchant Agreement.
 
Merchant-specific pricing, including applicable Software & Services Fees, subscription fees, hardware fees, implementation or setup fees, optional feature fees, and other disclosed charges, forms part of this Merchant Agreement when accepted by the Merchant.
 
Where applicable, the Merchant expressly authorizes Wiser Transit and its Payment Processing Partner to calculate, collect, withhold, or deduct applicable Wiser Transit fees from transaction proceeds, settlements, balances, or payouts in accordance with the Merchant’s accepted pricing arrangement and these Terms.
Electronic acceptance of this Merchant Agreement will have the same force and effect as a physical signature to the extent permitted by applicable law.
 
1. Business Use
Wiser Transit provides point-of-sale technology, business software, merchant tools, hardware integrations, reporting capabilities, payment integrations, and related Services.
Unless expressly stated otherwise, the Services are intended primarily for legitimate business and commercial use.
You may not use the Services for personal, unlawful, fraudulent, deceptive, or unauthorized activities.
 
2. Eligibility
To use Wiser Transit, you must:

• Be legally capable of entering into a binding agreement;

• Operate a lawful business;

• Provide accurate and complete information;

• Maintain any licenses, permits, registrations, or approvals required for your business;

• Comply with applicable laws and regulations; and

• Satisfy any eligibility or verification requirements applicable to Services you choose to use.

Wiser Transit may decline, restrict, suspend, or terminate access to the Services when reasonably necessary to protect Wiser Transit, our users, our partners, the payment ecosystem, or the public.
 
3. Merchant Account
You may be required to create a Wiser Transit merchant account to access certain Services.
You agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for activity conducted through your account, including activity performed by your employees, administrators, representatives, contractors, or other authorized users.
You are responsible for determining which individuals should have access to your account and for assigning appropriate roles and permissions.
You must notify Wiser Transit promptly if you believe your account, device, credentials, PIN, authentication method, or other security information has been compromised.
4. Account Security
You are responsible for maintaining the confidentiality and security of your:

• Username;

• Password;

• PIN;

• Authentication credentials;

• Devices;

• Administrative access;

• API credentials, where applicable; and

• Other account security information.

You may not share credentials in an unauthorized manner or permit unauthorized individuals to access the Services.
Wiser Transit may require multi-factor authentication, identity verification, PIN verification, device verification, or other security measures.
 
5. Wiser Transit Services
Depending on your subscription, account configuration, location, eligibility, or enabled features, WiserPOS may provide Services including:

• Point-of-sale functionality;

• Product and inventory management;

• Order management;

• Sales reporting;

• Employee management;

• Customer management;

• Receipt generation;

• Discounts and promotions;

• Membership or loyalty functionality;

• Payment integrations;

• Payment terminals and supported devices;

• Online ordering or commerce tools;

• Business analytics;

• Merchant reporting;

• Third-party integrations;

• APIs;

• Hardware management; and

• Related merchant technology.

Features may vary by plan, device, country, merchant category, integration, or availability.
Wiser Transit may add, modify, discontinue, replace, or improve features from time to time.
 
6. Payment Processing Services
Wiser Transit provides technology that may allow Merchants to access payment processing services provided by an authorized third-party Payment Processing Partner.
Payment processing services are provided subject to the Payment Processing Partner's eligibility requirements, onboarding procedures, verification requirements, risk policies, acceptable-use requirements, and applicable legal terms.
The Payment Processing Partner may have a separate and direct contractual relationship with you.
Your use of payment processing services may therefore be subject to additional agreements presented during onboarding or while enabling payment functionality.
Wiser Transit is not a bank, card network, deposit-taking institution, or financial institution and does not represent itself as such.
Unless Wiser Transitexpressly states otherwise for a particular legally authorized service, Wiser Transit provides the technology and platform functionality that connects Merchants with applicable payment services.
 
7. Authorization to Connect Your Payment Account
When you connect, create, enroll, or authorize a payment processing account through Wiser Transit, you authorize Wiser Transit to communicate with our Payment Processing Partner and access information reasonably necessary to provide the Services.
Depending on the Services you enable, this authorization may permit Wiser Transit to:

• Connect your payment account to Wiser Transit;

• Access merchant account information;

• Access transaction information;

• Access payment status information;

• Access settlement or payout information;

• Access refund and dispute information;

• Access information concerning payment devices;

• Submit authorized transaction instructions;

• Create or transmit payment-related requests;

• Capture, cancel, refund, or otherwise manage transactions when requested or authorized by you;

• Configure supported payment functionality;

• Assist with payment-related support;

• Receive information used for risk, fraud, or compliance purposes;

• Reconcile transactions;

• Generate reports;

• Calculate, collect, withhold, or deduct applicable Wiser Transit Software & Services Fees;

• Perform other payment-related activities reasonably necessary to provide functionality you have enabled.

You expressly authorize Wiser Transit to perform such activities on your behalf to the extent necessary to provide the Services you request.
Wiser Transit will not knowingly use your connected payment account to perform activity that you have not authorized or that is unrelated to providing the Services, except where required by law, security obligations, fraud prevention, or enforcement of these Terms.
 
8. Payment Account Data
You authorize Wiser Transit and our Payment Processing Partner to exchange information concerning you, your business, your connected payment account, your transactions, and related activity where reasonably necessary to provide the Services.
This information may include merchant information, representatives, transaction information, customer transaction information, disputes, refunds, payment devices, account activity, risk information, payment status, and other information associated with Services you use.
Wiser Transit may use this information to:

• Operate the Services;

• Provide merchant reporting;

• Reconcile transactions;

• Provide customer support;

• Administer, calculate, collect, and reconcile applicable Wiser Transit Software & Services Fees;

• Maintain security;

• Detect fraud;

• Investigate suspicious transactions;

• Manage payment integrations;

• Comply with applicable laws;

• Comply with payment ecosystem requirements; and

• Enforce these Terms.

Our collection and use of personal information is also governed by the Wiser Transit Privacy Policy.
 
9. Payment Processing Partner Requirements
You agree to comply with reasonable requirements imposed by our Payment Processing Partner in connection with payment processing services you use.
The Payment Processing Partner may independently:

• Approve or reject merchant accounts;

• Request additional information;

• Verify identity or business information;

• Establish transaction limits;

• Review transactions;

• Investigate suspected fraud;

• Restrict certain payment methods;

• Establish reserve requirements where legally permitted;

• Delay or restrict settlements;

• Manage disputes and chargebacks;

• Suspend payment processing;

• Terminate payment services; or

• Take other actions permitted under its applicable agreements, risk policies, card-network requirements, or law.

Such decisions may be made independently by the Payment Processing Partner.
To the maximum extent permitted by law, Wiser Transit is not responsible for actions independently taken by a Payment Processing Partner, financial institution, bank, card network, issuing institution, acquiring institution, or other third-party financial service provider.
 
10. Merchant Responsibility for Transactions
You are the business responsible for the products or services you sell to your customers.
You are responsible for:

• Accurately describing your goods and services;

• Establishing your prices;

• Delivering goods and services;

• Providing customer service;

• Issuing legally required receipts;

• Handling customer complaints;

• Establishing lawful refund policies;

• Providing refunds when required;

• Maintaining required licenses and permits;

• Collecting and remitting applicable taxes;

• Complying with consumer-protection laws;

• Complying with laws applicable to your business;

• Obtaining appropriate authorization for transactions; and

• Maintaining appropriate records.

Wiser Transit is not the seller of your products or services and does not assume responsibility for obligations between you and your customers.
 
11. Refunds, Disputes, and Chargebacks
You are responsible for legitimate refunds, returns, cancellations, disputes, and chargebacks relating to transactions involving your business.
A customer or financial institution may challenge or reverse a transaction in accordance with applicable payment rules.
You agree to cooperate with Wiser Transit and our Payment Processing Partner when information or documentation is reasonably requested concerning a transaction, refund, dispute, fraud investigation, or chargeback.
You are responsible for losses, fees, chargebacks, refunds, reversals, penalties, or other amounts attributable to your transactions or business activities except to the extent applicable law or a separate written agreement expressly provides otherwise.
Wiser Transitdoes not guarantee that any dispute or chargeback will be resolved in your favor.
 
12. Settlement and Payouts
Settlement and payout timing may depend on the Payment Processing Partner, financial institutions, card networks, transaction type, merchant category, account status, risk review, weekends, holidays, applicable laws, and other factors.
Any estimated settlement or payout time displayed by Wiser Transit is informational unless expressly guaranteed in writing.
Wiser Transit is not responsible for delays caused by a Payment Processing Partner, bank, card network, financial institution, compliance review, fraud investigation, governmental action, technical issue outside Wiser Transit's reasonable control, or other third-party event.
 
13. Software & Services Fees
You agree to pay all fees applicable to the Wiser Transit Services, products, functionality, integrations, hardware, or other services you select or use.
Wiser Transit may assess a single bundled fee, referred to as the “Software & Services Fee,” in connection with the Merchant’s use of the Wiser Transit software, applications, platform, payment functionality, services, integrations, technology, and related features.
The Software & Services Fee may include, without limitation:

• Software fees;

• Application fees;

• Platform fees;

• Transaction-related fees;

• Technology fees;

• Service fees;

• Administrative fees;

• Integration fees;

• Optional feature fees;

• Subscription-related fees; and

• Other applicable fees charged by Wiser Transit.

These fees may be combined and presented as one bundled Software & Services Fee and are not required to be separately itemized unless required by applicable law or expressly agreed to in writing by Wiser Transit.
The Software & Services Fee may be calculated as a percentage of a transaction, a fixed amount, a recurring amount, a usage-based amount, or any combination thereof, depending on the Merchant’s pricing arrangement and the Services, products, features, or functionality used.
Applicable fees and pricing may be disclosed through the Merchant’s plan, order form, merchant dashboard, checkout process, pricing page, written agreement, electronic communication, or other applicable disclosure provided by Wiser Transit.
Where authorized and technically supported, the Merchant expressly authorizes Wiser Transit and its Payment Processing Partner to calculate, collect, withhold, and deduct the Software & Services Fee automatically from transaction proceeds, settlements, balances, or payouts before funds are made available or paid to the Merchant.
 
13.1 Third-Party Processing and Other Fees
The Software & Services Fee represents fees charged by Wiser Transit. Fees separately imposed by a Payment Processing Partner, financial institution, bank, card network, payment network, governmental authority, or other third party may be charged separately and are not necessarily included in the Software & Services Fee, unless Wiser Transit expressly states otherwise.
The Merchant remains responsible for all applicable third-party processing fees, chargebacks, disputes, refunds, assessments, taxes, penalties, and other charges associated with the Merchant’s account, transactions, or use of the Services where applicable.
 
14. Subscription Billing
Certain Wiser Transit Services are provided through recurring subscriptions.
By enrolling in a recurring subscription, you authorize Wiser Transit to charge the applicable recurring subscription fee using your authorized payment method until the subscription is canceled or terminated.
Subscription pricing, billing frequency, included functionality, and applicable charges will be disclosed when you subscribe.
Unless otherwise stated in your plan or agreement, subscriptions automatically renew for successive billing periods until canceled.
You remain responsible for amounts incurred before the effective date of cancellation.
 
15. Changes to Pricing
Wiser Transit may modify subscription prices, Software & Services Fees, transaction-related fees, platform fees, pricing structures, or other applicable charges from time to time.
For material changes to recurring fees, Wiser Transit will provide reasonable advance notice when required by applicable law or contract
Continued use of the affected paid Service after the new pricing becomes effective constitutes acceptance of the updated pricing, subject to applicable law.

16. Taxes
Unless expressly stated otherwise, Wiser Transitfees do not include taxes that may be imposed on your purchase or use of the Services.
You are responsible for applicable sales, use, excise, value-added, or similar taxes associated with your business or use of the Services, except taxes imposed on Wiser Transits own net income.
You are independently responsible for determining, collecting, reporting, and remitting taxes associated with transactions between you and your customers.
Wiser Transit software or integrations may provide tools that assist with tax calculations, but such functionality does not constitute legal, tax, or accounting advice.
 
17. Prohibited and Restricted Activities
You may not use Wiser Transit to engage in or facilitate activity that is illegal, fraudulent, abusive, deceptive, harmful, or prohibited by applicable law.
You also agree not to use the Services to:

• Conduct transactions involving illegal goods or services;

• Process transactions for another undisclosed merchant;

• Misrepresent your identity or business;

• Process fraudulent or unauthorized transactions;

• Circumvent payment restrictions;

• Launder money;

• Artificially manipulate payment activity;

• Engage in deceptive transaction practices;

• Evade chargeback monitoring;

• Interfere with security controls;

• Introduce malware or malicious code;

• Attempt unauthorized system access;

• Perform unlawful surveillance;

• Infringe intellectual property rights;

• Violate applicable card-network requirements; or

• Use the Services for activities prohibited by an applicable Payment Processing Partner.

Certain otherwise lawful business categories may require additional approval before payment functionality can be provided.
Wiser Transit may restrict or prohibit categories of business where reasonably necessary to comply with law, payment partner requirements, card-network requirements, risk obligations, or Wiser Transit policies.
 
18. Fraud and Suspicious Activity
You must not knowingly permit fraudulent or unauthorized use of Wiser Transit.
Wiser Transit may monitor account and transaction activity to detect fraud, security threats, unusual activity, unauthorized access, or violations of these Terms.
Where reasonably necessary, Wiser Transit may:

• Request additional information;

• Require identity or business verification;

• Restrict account functionality;

• Disable specific users or devices;

• Temporarily suspend an account;

• Restrict transactions;

• Cooperate with our Payment Processing Partner;

• Preserve relevant information; or

• Report activity where legally required.
   

19. PCI and Payment Security
Merchants must comply with applicable payment-card security requirements associated with their business and payment environment.
You may not intentionally store prohibited sensitive authentication information through Wiser Transit.
You must use supported payment equipment and payment functionality in accordance with applicable security requirements.
You may not modify, tamper with, reverse engineer, or circumvent security functionality built into supported payment devices or payment integrations.
 
20. Hardware and Devices
Wiser Transit may sell, rent, lease, lend, or otherwise provide compatible hardware and devices.
Hardware terms may vary depending on the applicable order or plan.
Where equipment remains the property of Wiser Transit, you must:

• Use the equipment appropriately;

• Take reasonable precautions against theft or damage;

• Not sell or transfer the equipment without authorization;

• Not intentionally modify or disable security functionality; and

• Return the equipment when required under the applicable plan or agreement.

You may be responsible for replacement costs for equipment that is lost, stolen, intentionally damaged, or not returned when required.
Third-party hardware may be subject to separate manufacturer warranties and terms.
 
21. Software License
Subject to your compliance with these Terms and payment of applicable fees, Wiser Transit grants you a limited, non-exclusive, non-transferable, revocable right to access and use WiserPOS software solely for your authorized business operations during the period in which your account remains active.
You do not acquire ownership of Wiser Transitsoftware.
You may not:

• Copy or reproduce Wiser Transit software except as expressly permitted;

• Sell, sublicense, rent, or redistribute Wiser Transit software;

• Reverse engineer the software except where applicable law expressly permits it;

• Circumvent technical or security restrictions;

• Use Wiser Transit intellectual property to create a competing service;

• Remove proprietary notices; or

• Access the Services for unauthorized competitive analysis or unlawful purposes.
   

22. Intellectual Property
Wiser Transit and its licensors retain all rights, title, and interest in and to the Services, including software, interfaces, designs, documentation, branding, logos, databases, technology, APIs, features, workflows, and other intellectual property.
Except for the limited rights expressly granted under these Terms, no rights are transferred to you.
You retain ownership of your business content and data subject to the rights reasonably necessary for Wiser Transit to provide the Services.
 
23. Merchant Content
You may provide product information, business information, photographs, logos, menus, descriptions, customer information, or other content through the Services.
You represent that you have the rights necessary to use and provide such content.
You grant Wiser Transit a limited license to host, reproduce, process, display, transmit, and otherwise use that content to the extent reasonably necessary to provide, secure, maintain, and support the Services.
 
24. Privacy and Data Protection
Our handling of personal information is described in the Wiser Transit Privacy Policy.
You are independently responsible for complying with privacy and data-protection requirements applicable to your business and your relationship with customers and employees.
If you collect personal information using Wiser Transit, you must provide required notices and obtain any consents or permissions required by applicable law.
You authorize Wiser Transit to process information according to your instructions, these Terms, our Privacy Policy, applicable law, and as reasonably necessary to operate and protect the Services.
 
25. Third-Party Services
Wiser Transit may integrate with services, applications, networks, hardware, financial services, or technology supplied by third parties.
Your use of a third-party service may be governed by that provider's own terms and policies.
Wiser Transit does not control and is not responsible for independent acts, omissions, availability, security, decisions, or performance of third parties outside Wiser Transit reasonable control.
We may modify, replace, suspend, or discontinue a third-party integration if the provider changes its services, requirements, APIs, availability, contractual relationship, or technical compatibility.
 
26. Service Availability
Wiser Transit strives to provide reliable Services but does not guarantee uninterrupted or error-free operation.
Services may occasionally become unavailable because of:

• Maintenance;

• Updates;

• Internet outages;

• Network failures;

• Payment-network interruptions;

• Third-party service failures;

• Hardware issues;

• Cybersecurity incidents;

• Emergency maintenance;

• Government action;

• Events outside our reasonable control; or

• Other technical conditions.

Where reasonably possible, Wiser Transit will work to restore affected functionality.
 
27. Updates and Modifications to the Services
We may update the Services to improve performance, security, functionality, compatibility, or legal compliance.
Updates may modify or discontinue certain functionality.
Where practicable, Wiser Transit will provide reasonable notice before materially discontinuing a significant paid feature, except when immediate action is reasonably necessary for security, legal compliance, payment-partner requirements, or circumstances outside our control.
 
28. Suspension
Wiser Transit may temporarily suspend or restrict Services when reasonably necessary because of:

• Suspected fraud;

• Security risks;

• Unauthorized access;

• Nonpayment;

• Excessive disputes or chargebacks;

• Illegal activity;

• Material violation of these Terms;

• Payment-partner requirements;

• Card-network requirements;

• Governmental or legal requirements;

• Threats toWiser Transit systems;

• Risk to customers or other merchants; or

• Information reasonably suggesting misuse of the Services.

Where appropriate and legally permissible, Wiser Transit  may provide notice and an opportunity to resolve the issue.
 
29. Termination
You may stop using the Services and terminate your Wiser Transit account subject to any applicable subscription, hardware, outstanding-payment, contractual, or notice obligations.
Wiser Transit may terminate or discontinue Services if:

• You materially violate these Terms;

• Required fees remain unpaid;

• Your activity creates material fraud or security risk;

• Your business becomes prohibited;

• Continuing to provide Services would violate applicable law;

• A required third-party relationship is terminated;

• A Payment Processing Partner requires termination of payment-related functionality; or

• Wiser Transit discontinues the applicable Service.

Termination of Wiser Transit  does not automatically eliminate obligations you have separately to a Payment Processing Partner or other third party.
 
30. Effect of Termination
Upon termination:

• Your right to use affected Wiser Transit Services ends;

• Outstanding fees remain payable;

• Wiser Transit-owned hardware must be returned when required;

• Certain integrations may stop functioning;

• Payment functionality may be disconnected;

• Certain data may be retained as required or permitted by law; and

• Provisions intended to survive termination will remain effective.

Sections relating to fees, intellectual property, confidentiality, disputes, liability, indemnification, data retention, and other provisions that by their nature should survive will continue after termination.
 
31. Confidentiality
Each party may receive confidential or proprietary information belonging to the other.
The receiving party will use reasonable measures to protect confidential information and will use it only for legitimate purposes associated with the business relationship.
Confidential information does not include information that is publicly available through no breach of these Terms, independently developed without use of confidential information, or lawfully obtained from another source without confidentiality restrictions.
Disclosure may be made where required by applicable law or legal process.
 
32. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
Wiser Transit DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.
Wiser Transit DOES NOT GUARANTEE THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE;

• THE SERVICES WILL ALWAYS BE ERROR-FREE;

• EVERY TRANSACTION WILL BE APPROVED;

• A PAYMENT PROCESSING PARTNER WILL ACCEPT OR CONTINUE SERVING A MERCHANT;

• A DISPUTE OR CHARGEBACK WILL BE RESOLVED IN A MERCHANT'S FAVOR; OR

• THIRD-PARTY SERVICES WILL REMAIN AVAILABLE.

Nothing in these Terms excludes warranties or rights that cannot legally be excluded.
 
33. Liimitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wiser Transit AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, YOUR Wiser Transit ACCOUNT, OR YOUR USE OF OR INABILITY TO USE THE SERVICES.
THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, DAMAGES ARISING FROM LOST PROFITS, LOST REVENUE, LOST SALES, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, SYSTEM DOWNTIME, LOSS OF CUSTOMERS, TRANSACTION DELAYS OR FAILURES, PAYMENT OR SETTLEMENT DELAYS, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Wiser Transit TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, OR EXPENSES ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, YOUR Wiser Transit ACCOUNT,Wiser Transit SOFTWARE, APPLICATIONS, HARDWARE, INTEGRATIONS, PAYMENT-RELATED FUNCTIONALITY, OR ANY OTHER Wiser Transit PRODUCT OR SERVICE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO Wiser Transit DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM.
THIS AGGREGATE LIMIT APPLIES TO ALL CLAIMS COLLECTIVELY AND WILL NOT BE INCREASED BECAUSE MORE THAN ONE CLAIM, INCIDENT, TRANSACTION, SERVICE, PRODUCT, PARTY, OR LEGAL THEORY IS INVOLVED.
 
To the maximum extent permitted by applicable law, Wiser Transit will not be responsible for losses, damages, delays, interruptions, or other claims arising from circumstances outside Wiser Transit reasonable control, including actions, omissions, restrictions, suspensions, account reviews, reserves, holds, declines, delayed settlements, delayed payouts, chargebacks, reversals, refunds, disputes, or other decisions made by Payment Processing Partners, banks, financial institutions, card networks, payment networks, telecommunications providers, internet providers, governmental authorities, or other independent third parties.
Wiser Transit will also not be responsible, to the maximum extent permitted by applicable law, for losses resulting from Merchant errors, unauthorized activity attributable to the Merchant or its users, compromised Merchant credentials, failure to maintain appropriate security controls, misuse of the Services, unsupported or improperly configured equipment, third-party applications or integrations, internet or telecommunications failures, electrical outages, banking or payment-network interruptions, or other events outside Wiser Transit  reasonable control.
 
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER A CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, WARRANTY, INDEMNITY, EQUITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF Wiser Transit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited under applicable law. If applicable law does not permit a particular exclusion or limitation contained in this Section, that exclusion or limitation will apply to the maximum extent permitted by law, and the remaining provisions of this Section will continue in full force and effect.
 
34. Third-Party Payment and Financial Services
To the maximum extent permitted by law, Wiser Transit will not be responsible for losses resulting solely from independent actions or decisions of a Payment Processing Partner, bank, financial institution, card network, telecommunications provider, internet provider, third-party integration, or other independent third party outside Wiser Transit reasonable control.
This may include:

• Payment declines;

• Settlement delays;

• Payout delays;

• Account reviews;

• Reserve requirements;

• Payment-account suspensions;

• Bank holds;

• Chargeback determinations;

• Network outages;

• Third-party service interruptions; or

• Third-party compliance decisions.

This provision does not limit Wiser Transit responsibility forWiser Transit own obligations where liability cannot legally be excluded.
 
35. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Wiser Transit and its officers, directors, employees, affiliates, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities, penalties, damages, judgments, and reasonable costs and expenses, including reasonable attorneys' fees, arising from or relating to:

• Your products or services;

• Your transactions;

• Your customer relationships;

• Your violation of these Terms;

• Your violation of applicable law;

• Fraudulent or unauthorized activity attributable to your business or users;

• Your infringement of third-party rights;

• Your failure to provide required refunds;

• Your taxes;

• Your content;

• Your misuse of the Services; or

• Actions taken through accounts or credentials under your control.

This indemnification obligation does not apply to the extent a claim results from Wiser Transit own fraud, willful misconduct, or other conduct for which liability cannot legally be excluded.
 
36. No Legal, Tax, or Accounting Advice
Information, reports, calculations, software functionality, or other materials available through Wiser Transit are provided as business technology tools.
Wiser Transit does not provide legal, accounting, or tax advice.
You should consult appropriate professional advisors regarding laws, taxes, accounting obligations, employment matters, or regulatory requirements applicable to your business.

 
37. Electronic Communications and Consent
You agree that Wiser Transit may provide agreements, notices, disclosures, receipts, statements, updates, and other communications electronically where permitted by law.
Electronic communications may be provided through:

• Email;

• Your merchant dashboard;

• The Wiser Transit application;

• Website notices; or

• Other electronic means associated with your account.

You are responsible for maintaining current contact information.
 
38. Changes to These Terms
Wiser Transit may update these Terms periodically to reflect changes to the Services, business practices, security requirements, payment-partner requirements, or applicable law.
We will update the Effective Date when these Terms change.
Where required by applicable law, we will provide reasonable notice before a material change becomes effective.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, subject to any rights provided by applicable law.
 
39. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, except where applicable law requires otherwise.
 
40. Dispute Resolution
Before commencing formal legal proceedings, you and Wiser Transit agree to make a reasonable good-faith effort to resolve disputes informally.
A party seeking to raise a dispute should provide written notice describing the dispute and the requested resolution.
Notices to Wiser Transit concerning legal disputes may be sent to:
support@Wiser Transit .com
Nothing in this section prevents either party from seeking emergency or injunctive relief where necessary to protect intellectual property, confidential information, account security, or prevent imminent harm.
Unless otherwise required by applicable law or separately agreed in writing, courts located within the Commonwealth of Massachusetts will have jurisdiction over disputes arising from these Terms.
 
41. Force Majeure
Wiser Transit will not be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, governmental actions, internet failures, telecommunications failures, electrical outages, payment-network failures, banking interruptions, epidemics, cyberattacks by third parties, or failures of third-party infrastructure.
 
42. Assignment
You may not assign or transfer your rights or obligations under these Terms without Wiser Transit 's prior written consent.
Wiser Transit may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, sale of assets, or transfer of the applicable business or Services.
 
43. Severability
If any provision of these Terms is determined to be invalid or unenforceable, that provision will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect.
44. No Waiver
Failure by Wiser Transit to enforce a provision of these Terms does not waive our right to enforce that provision or any other provision later.
 
45. Entire Agreement
These Terms, together with the Wiser Transit Privacy Policy, applicable order forms, plan terms, hardware terms, and other agreements expressly incorporated by reference, constitute the agreement between you and Wiser Transit concerning the Services covered by them.
Additional terms presented in connection with a particular Service, integration, or third-party provider may also apply to that Service.
 
46. Contact Us
Questions regarding these Terms & Conditions may be sent to:
Wiser POS System LLC
Email: support@Wiser Transit .com
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