Terms of Service
Last updated: 2026-05-08
These Terms of Service govern your access to and use of the MALOPAY platform at malopay.com (the "Platform"). MALOPAY is operated by MALOPAY ("we", "us", "our"). By creating an account or using the Platform, you ("you", "the user") agree to these terms.
1. The Platform
MALOPAY is a technology and orchestration platform. We do not provide credit, take deposits, or make credit decisions ourselves. Financing is provided by regulated third-party partners where applicable, subject to their underwriting and affordability assessments.
2. Eligibility
You may use the Platform only if you are at least 18 years old, legally able to enter into a contract, and (for merchants) authorised to bind the business you represent. We may decline or suspend any account at our discretion.
3. Your account
You are responsible for all activity that occurs under your account. Sign-in is via magic link to your registered email; keep that email secure. You agree not to share your sign-in link or attempt to access another user's account.
4. Merchant obligations
If you use the Platform as a merchant: (a) you must not represent MALOPAY as a lender or guarantor; (b) you must use only the disclosure copy we provide for the country / partner you operate with; (c) you must not market financing to consumers in prohibited categories or under misleading copy; (d) you remain responsible for the underlying goods or services you sell.
5. Financing partners
Where a customer applies for financing through your quote, the financing partner is the regulated lender of record. The partner's terms apply to the credit agreement between the partner and the customer. MALOPAY is not a party to that agreement.
6. Fees
Merchants pay the platform fees agreed in their order form (subscription, setup, per-application). Fees are exclusive of VAT / sales tax where applicable. Fees are payable in arrears unless agreed otherwise. We may change fees with 30 days' notice.
7. Data and privacy
Our processing of personal data is governed by our Privacy Policy. As a merchant, you agree to enter into the data processing terms we provide before going live.
8. Intellectual property
All Platform content, branding, and software are owned by MALOPAY or our licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Platform during the term of your account.
9. Termination
Either party may terminate the account at any time on written notice. We may suspend or terminate immediately for breach of these terms, fraud, regulatory action, or risk to the partner network.
10. Liability
To the fullest extent permitted by law, MALOPAY's aggregate liability under these terms is limited to the fees paid by the user in the twelve months preceding the event giving rise to the claim. We are not liable for indirect or consequential losses.
11. Governing law
These terms are governed by the law of the jurisdiction stated in your order form, with non-exclusive jurisdiction of the courts of that jurisdiction. Consumer rights under your local law are not affected.
12. Changes
We may update these terms. We'll email any material change at least 30 days before it takes effect. Continued use of the Platform after the effective date means you accept the updated terms.