Terms of Service
PayNest Capital, LLC
Effective Date: 8/7/2026
Last Updated: 8/19/2026
These Terms of Service ("Terms") govern your access to and use of paynestpayments.com (the "Site"), our payment processing, point-of-sale, merchant services, and financing products (collectively, the "Services"), and our SMS/text messaging program. By accessing the Site, submitting an inquiry or application, or opting in to our messaging program, you agree to these Terms and to our Privacy Policy. If you do not agree to these Terms, do not use the Site or the Services.
1. Eligibility
You must be at least 18 years of age and, where you are acting on behalf of a business, authorized to bind that business. The Services are offered to businesses and business owners located in the United States.
2. Description of Services
PayNest Capital provides payment processing, credit card processing, point-of-sale (POS) systems and equipment, merchant account services, and related business financial products. Information presented on the Site is for general informational purposes. Rates, pricing, approval, terms, and availability are subject to underwriting, sponsor bank approval, card network rules, and a separate written agreement between you and PayNest Capital and/or its partners. Nothing on the Site constitutes an offer, commitment to fund, or guarantee of approval.
3. SMS / Text Messaging Terms and Conditions
This Section 3 constitutes the complete terms of the PayNest Capital text messaging program.
3.1 Program Description
By opting in, you agree to receive recurring text messages from PayNest Capital regarding payment processing, POS solutions, merchant services, financing offers, promotions, account and application updates, appointment reminders, document requests, and customer support responses. Messages may be sent using an automatic telephone dialing system or other automated technology.
3.2 Consent
You consent to receive text messages at the mobile number you provide by completing our SMS opt-in form and confirming the verification code we text to that number. The form presents a consent box that is unchecked by default and is not required in order to submit the form. The box reads:
I agree to receive recurring marketing and informational text messages from PayNest Capital, LLC at the mobile number provided, including messages sent by automated means. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. See our Privacy Policy (https://www.paynestpayments.com/privacy-policy) and Terms of Service (https://www.paynestpayments.com/terms-of-service).
Consent is not a condition of purchase. You are not required to agree to receive marketing text messages in order to purchase any goods or services from PayNest Capital. You represent that you are the subscriber or customary user of the mobile number you provide and that you are at least 18 years old.
3.3 Message Frequency
Message frequency varies. You may receive up to 4 messages per month, depending on your interaction with us and the status of your account or application.
3.4 Cost
Message and data rates may apply. PayNest Capital does not charge for text messages, but your mobile carrier's standard messaging and data rates will apply. Contact your carrier for details about your plan.
3.5 Opt-Out — STOP
You may cancel at any time by replying STOP to any message from us. You may also reply END, CANCEL, UNSUBSCRIBE, or QUIT. After you send one of these keywords, we will send you a single confirmation message and you will no longer receive text messages from that program. To rejoin, opt in again through the method in Section 3.2.
3.6 Help — HELP
For help, reply HELP to any message from us, or email Jordan@paynestcapital.com. We respond to all help requests within one business day.
3.7 Carriers and Delivery
Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your wireless service provider and is not guaranteed. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, Cricket, and others. Carriers are not parties to these Terms.
3.8 Privacy
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. See our Privacy Policy for full details.
3.9 Changes to Your Number
You agree to notify PayNest Capital promptly if you change or relinquish the mobile number you provided, by contacting us at Jordan@paynestcapital.com.
3.10 Prohibited Content
We do not send messages containing content prohibited by carrier or CTIA guidelines, and we do not use our messaging program for third-party lead generation, affiliate marketing, or the promotion of payday loans, short-term high-interest loans, debt consolidation or relief, or cryptocurrency.
4. Acceptable Use of the Site
You agree not to: use the Site for any unlawful purpose; attempt to gain unauthorized access to our systems; interfere with or disrupt the Site; scrape, harvest, or collect data from the Site by automated means; submit false, fraudulent, or misleading information; or use the Site to transmit malware or other harmful code.
5. Applications and Submitted Information
You represent that all information you submit through the Site or in connection with an application is true, accurate, current, and complete, and that you are authorized to provide it. You authorize PayNest Capital and its partners to verify the information you submit, including obtaining consumer and business credit reports and conducting identity verification, as further described in any application you sign.
6. Intellectual Property
The Site and all content on it — including text, graphics, logos, trademarks, images, and software — are owned by PayNest Capital or its licensors and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Site without our prior written permission.
7. Third-Party Services and Links
The Site may reference or link to third-party products, services, or websites. We do not control and are not responsible for third-party content, products, or practices, and inclusion does not imply endorsement.
8. Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY MESSAGE WILL BE DELIVERED.
PayNest Capital does not provide legal, tax, accounting, or investment advice. Information on the Site is general in nature and should not be relied on as a substitute for professional advice.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYNEST CAPITAL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE SERVICES, OR THE MESSAGING PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING FROM THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
10. Indemnification
You agree to indemnify, defend, and hold harmless PayNest Capital and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site or Services, your violation of these Terms, or your violation of any applicable law or third-party right.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Connecticut, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in Fairfield County, Connecticut, and you consent to personal jurisdiction and venue there.
12. Changes to These Terms
We may modify these Terms at any time. The "Last Updated" date reflects the most recent revision. Continued use of the Site or the Services after changes take effect constitutes acceptance of the revised Terms.
13. Severability and Entire Agreement
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with the Privacy Policy and any signed merchant or financing agreement, constitute the entire agreement between you and PayNest Capital regarding the Site and the messaging program. In the event of a conflict between these Terms and a signed merchant or financing agreement, the signed agreement controls with respect to the Services it covers.
14. Electronic Communications and E-SIGN Consent
By providing your email address or mobile number, you consent to receive communications from PayNest Capital electronically, including notices, disclosures, agreements, and records required by law to be provided in writing. You agree that electronic delivery satisfies any legal requirement that such communications be in writing.
Hardware and software requirements: to access and retain electronic records you need a device with internet access, a current web browser, an email account, and the ability to view PDF files. For text messages, you need a mobile device on a carrier that supports SMS.
Withdrawing consent: you may withdraw consent to electronic delivery by writing to Jordan@paynestcapital.com, in which case we will provide records by mail; withdrawal may delay or prevent delivery of some Services. You may request a paper copy of any electronic record at no charge by contacting us. Withdrawing E-SIGN consent is separate from opting out of marketing texts under Section 3.5.
15. Telephone Contact and Call Recording
By providing a telephone number to PayNest Capital, you consent to receive telephone calls at that number from us and our authorized representatives regarding your inquiry, application, or account, including calls placed using an automatic telephone dialing system or an artificial or prerecorded voice. Consent to receive marketing calls is not a condition of purchasing any goods or services. You may revoke consent at any time by informing any representative, by replying STOP to a text message, or by writing to Jordan@paynestcapital.com.
We maintain an internal Do Not Call list and honor the National Do Not Call Registry. Calls may be recorded or monitored for quality assurance, training, and recordkeeping. By continuing a call after our recorded-line notice, you consent to that recording.
16. Referrals, Lead Sources, and Marketing Partners
Where PayNest Capital receives your contact information from a referral partner, agent, or marketing source, we rely on that party's representation that it obtained your consent to be contacted. If you believe you were contacted without consent, notify us at Jordan@paynestcapital.com and we will investigate and suppress your information.
PayNest Capital does not resell, share, or transfer mobile numbers or SMS opt-in consent obtained through its own channels to any referral partner, affiliate, lead buyer, or third party. Consent given to PayNest Capital applies only to PayNest Capital and is not transferable.
17. General Provisions
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, utility or telecommunications failures, carrier outages or message filtering, cyberattacks, government action, or war.
No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other right.
Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PayNest Capital.
Survival. Sections 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law and Dispute Resolution), and 13 (Severability and Entire Agreement) survive termination.
Legal notices. Formal legal notices to PayNest Capital must be sent in writing to: PayNest Capital, LLC, Attn: Legal, 700 Canal Street, Stamford, CT 06902, with a copy to Jordan@paynestcapital.com. Notice is effective upon receipt.
18. Contact Us
PayNest Capital, LLC
700 Canal Street, Stamford, CT 06902
Email: Jordan@paynestcapital.com
Phone: 732-630-8707
Website: https://www.paynestpayments.com
