Payments Terms

These Payments Terms supplement the Treat Subscription Services Agreement (the "Agreement") and apply to your use of Treat's payment features, including card and ACH acceptance, payment terminals, text-to-pay and payment links, stored payment methods, payment plans, and patient financing (the "Payment Services"). Capitalized terms have the meanings given in the Agreement. If these Payments Terms conflict with the Agreement, these Payments Terms control as to the Payment Services.

1. How the Payment Services Work

Treat is a software platform and, where indicated in your Order Form, a payment facilitator. Payment processing is performed by CardPointe (the "Processor") and, for patient financing, by Cherry (the "Financing Partner"). Treat and the Processor are independent contractors; Treat is not a bank, money transmitter, or lender, and funds are held and settled by the Processor or its sponsor bank, not by Treat.

2. Processor Agreement

To use the Payment Services you must complete the Processor's merchant application and accept the Processor's merchant or connected-account agreement (the "Processor Agreement"). The Processor Agreement governs your relationship with the Processor, including underwriting, funding, reserves, and card network compliance, and it controls over these Payments Terms as to the Processor's services. The Processor may decline, suspend, or terminate your merchant account under its own terms, and Treat is not responsible for those decisions.

3. Definitions

"Card Network Rules" means the rules, bylaws, and operating regulations of Visa, Mastercard, American Express, Discover, NACHA, and any other network used to process a Transaction. "Cardholder Data" means a cardholder's account number, expiration date, security code, and any other data defined as cardholder or sensitive authentication data under PCI DSS. "Chargeback" means a Transaction reversed by a cardholder's issuer. "Transaction" means a payment, refund, or adjustment submitted through the Payment Services.

4. Your Obligations

4.1 Compliance. You will comply with the Processor Agreement, the Card Network Rules, the Payment Card Industry Data Security Standard (PCI DSS), NACHA rules for ACH, and Applicable Law, including laws governing surcharges, receipts, and refunds.

4.2 Authorization. You will submit only Transactions that the patient or payer has authorized, for goods or services you actually provided or will provide, and you will retain proof of authorization. You will not split a Transaction to avoid limits, process a Transaction for another business, or submit a Transaction you know or should know is fraudulent.

4.3 Cardholder Data. You will not store, write down, e-mail, text, or otherwise record Cardholder Data outside the Payment Services, and you will not ask patients to send card numbers by text or e-mail. Cardholder Data entered into the Payment Services is transmitted to the Processor and tokenized; Treat does not store full card numbers. You are responsible for the security of your own devices, networks, and premises.

4.4 Disclosures to Patients. You are responsible for all disclosures to patients required by Applicable Law and Card Network Rules, including surcharge notices, refund and cancellation policies, recurring-payment terms, and receipts.

5. Surcharges and Convenience Fees

The Payment Services may allow you to add a surcharge or convenience fee to card Transactions. Surcharging is prohibited or restricted in several states and is regulated by the Card Network Rules, including caps, registration, signage, and receipt requirements. Before enabling any surcharge you will confirm it is lawful in your state, register with the networks as required, and disclose it as required. Treat provides the surcharge feature as a tool and makes no representation that any surcharge is lawful for you. You are solely responsible for every surcharge you apply and will indemnify Treat for claims arising from it.

6. Text-to-Pay, Payment Links, Stored Methods, and Payment Plans

6.1 Payment links. You may send patients a link to pay an invoice or balance. A link identifies the invoice by an unguessable token; anyone who has the link can view the invoice details and pay it. You will send links only to the correct patient or authorized payer, using a channel the patient has consented to, and you will treat the link as confidential information.

6.2 Stored payment methods. Where a patient consents, a payment method may be stored with the Processor for future or recurring charges. You will obtain and retain the patient's written or electronic authorization for stored and recurring charges as the Card Network Rules and Applicable Law require, and you will honor cancellation requests promptly.

6.3 Payment plans. Payment plans schedule future charges you and the patient agree to. You are the creditor for any balance a patient owes you; Treat is not a party to the plan and does not extend credit. You are responsible for compliance with laws governing installment arrangements, disclosures, and collections.

7. Patient Financing

Where you offer patient financing, the Financing Partner extends credit to the patient under its own terms and makes its own credit decisions. Treat only transmits application and purchase information at your and the patient's direction. Treat is not a lender, broker, or credit arranger, does not guarantee approval or funding, and is not responsible for the Financing Partner's decisions, disclosures, or compliance. You will comply with the Financing Partner's merchant terms and with laws governing the offering of consumer credit.

8. Chargebacks, Disputes, Refunds, and Reserves

8.1 Chargebacks. You are responsible for every Chargeback, dispute, and reversal on your Transactions, and for the associated fees, regardless of cause. You will respond to dispute inquiries within the timeframes the Processor and Card Network Rules require. The Processor may debit Chargebacks and fees from your settlement or your linked bank account.

8.2 Refunds. You will issue refunds through the Payment Services to the original payment method where possible, in accordance with your posted refund policy and Applicable Law.

8.3 Reserves and holds. The Processor may establish a reserve, delay funding, or hold Transactions based on its risk assessment, Chargeback rates, or suspected fraud, under the Processor Agreement. Treat may also delay or reverse a Transaction it reasonably suspects is fraudulent or prohibited.

9. Prohibited Transactions

You will use the Payment Services only for payments for healthcare goods and services provided by your practice. You will not process Transactions for any other business, for cash advances, for illegal goods or services, for any category the Processor or the Card Network Rules prohibit, or in a manner that misrepresents the nature of the Transaction.

10. Fees and Funding

Processing fees, per-Transaction fees, Chargeback fees, and other fees are as stated in your Order Form or the Processor Agreement, and may be deducted from settlement. Funding timing is determined by the Processor. Treat may change its fees on thirty (30) days' notice. Fees are non-refundable. You are responsible for all taxes on Transactions.

11. Payment Terminals and Equipment

Terminals and other equipment Treat supplies remain Treat's property unless your Order Form states they are purchased. You will use equipment only with the Payment Services, keep it secure, return leased equipment in working condition within ten (10) business days after termination, and pay the replacement cost of equipment not returned or returned damaged beyond normal wear. Treat may replace leased equipment with a different or reconditioned model.

12. Suspension and Termination

Treat may suspend or terminate the Payment Services immediately, without liability, if it or the Processor reasonably believes you have violated these Payments Terms, the Processor Agreement, or the Card Network Rules; if your Chargeback rate is excessive; if it suspects fraud or prohibited activity; or if the Processor terminates your merchant account. Your obligations for Transactions, Chargebacks, and fees survive termination.

13. Disclaimer, Liability, and Indemnification

13.1 Disclaimer. THE PAYMENT SERVICES ARE PROVIDED "AS IS." TREAT DOES NOT WARRANT THAT ANY TRANSACTION WILL BE AUTHORIZED, SETTLED, OR FUNDED ON ANY SCHEDULE, OR THAT THE PAYMENT SERVICES WILL PREVENT FRAUD OR CHARGEBACKS.

13.2 Liability. The limitations of liability in the Agreement apply to the Payment Services. Treat is not liable for the acts or omissions of the Processor, the Financing Partner, any card network, any bank, or any patient, or for Chargebacks, fraud, unauthorized Transactions, or delayed funding.

13.3 Indemnification. In addition to your obligations under the Agreement, you will defend, indemnify, and hold harmless Treat and its affiliates from all claims, losses, Chargebacks, fines, assessments, and costs, including reasonable attorneys' fees, arising from your Transactions; your violation of the Card Network Rules, PCI DSS, or Applicable Law; any surcharge you apply; any stored or recurring charge without adequate authorization; any Cardholder Data you handle outside the Payment Services; and any dispute between you and a patient or payer.