Introduction
This User Agreement constitutes a legal agreement ("Agreement") between You, the Organisation (which in this document includes "Organisation", "you", "your"), and Onbold Commerce Ltd. ("Onbold", "we", "us", "our"), a company registered in Malta. In this Agreement you and we are referred to jointly as Parties.
This Agreement consists of 8 sections, namely 1 through 8. The main subjects in each section are:
Scope of Agreement and Description of Service;
Eligibility and Acceptable Use;
Privacy and Data Handling;
Session and Resume URLs;
Intellectual Property;
Warranties, Disclaimers and Limitation of Liability;
Indemnification, Termination and Modifications; and
Final Conditions and Stipulations.
Definitions
In this Agreement, the following terms mean:
Agreement.
This User Agreement, which constitutes a legal agreement between you and Onbold;
Assessment.
The merchant-readiness report generated by the Service in respect of a submitted website, comprising readiness signals, risk flags, recommended actions and related findings;
CardCorp.
CardCorp Ltd., Onbold's partner payment services company, to whom Onbold may refer merchants for the purpose of opening a merchant account application, subject to your consent;
Organisation.
The business entity or individual that uses the Service for the purpose of assessing readiness for merchant account applications;
Privacy Policy.
Onbold's privacy policy, accessible at https://onbold.ai/legal/privacy, which governs the collection, use and handling of Personal Data in connection with the Service;
Resume URL.
A unique, tokenised link generated by the Service upon submission of a website, which allows you to return to and continue your session without re-submitting;
Service.
The merchant-readiness assessment tool operated by Onbold called Onbold.ai and located at https://onbold.ai, as more fully described in Section 1;
User Content.
Any data, information or content you submit to the Service, including website URLs, free-text answers to onboarding questions and any other information you provide.
SECTION 1: SCOPE OF AGREEMENT AND DESCRIPTION OF SERVICE
1.1 Scope of Agreement
This Agreement applies to all acts between you and Onbold in connection with your use of the Service and will remain applicable after termination of the Service, regardless of whether you explicitly communicated this termination to us. The applicability of any other conditions or agreements is explicitly rejected, unless agreed upon explicitly by the Parties in writing. By accessing or using the Service, you accept and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, you may not use the Service.
1.2 Description of Service
Onbold operates Onbold.ai, a merchant-readiness assessment tool that analyses a business's website and publicly available information, generates informational readiness signals aligned with payment-provider underwriting standards, helps merchants understand their positioning for payment-provider review, and enables Onbold to refer appropriate merchants to CardCorp to open merchant account application processes.
Following the initial website analysis, the Service may invite you to answer onboarding questions about your business in order to obtain further information. These questions may be answered by selecting from a fixed list of options or by entering free-text responses. The purpose of this conversational flow is to confirm your business model, follow up on any prior account termination, and clarify your product offering. Your responses, together with a log of the conversation and any structured information derived from your free-text answers, are recorded as part of your Assessment. Further detail on how this information is collected and used is set out in the Privacy Policy.
Where a website URL you submit has been analysed recently, the Service may present you with the existing Assessment result rather than conducting a new analysis. In such cases you will be given the option to view the existing result or to request a fresh analysis.
As part of the analysis, the Service automatically captures a screenshot of the homepage of the submitted website. This screenshot is stored securely and is accessible only to Onbold's authorised underwriting staff. The screenshot may incidentally display personal data visible on the homepage at the time of capture; further information on how this is handled is set out in the Privacy Policy.
The Service is provided for informational purposes only. No Assessment constitutes a guarantee of approval by any payment processor, acquirer, bank or card scheme. You should also be aware that the Assessment, including any risk flags, Onboarding Score and Vertical Risk rating, is made available to Onbold's underwriting team and used by them in deciding whether to offer to refer your business to a payments partner, such as CardCorp.
SECTION 2: ELIGIBILITY AND ACCEPTABLE USE
2.1 Eligibility
The Service is intended for use by businesses and their authorised representatives. By using the Service, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction), that you have the authority to enter into this Agreement on behalf of yourself or the Organisation you represent, that you are not subject to sanctions or restrictions by any government or regulatory body, and that you are not a resident of any embargoed jurisdiction.
2.2 Acceptable Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You warrant that you own/control the submitted URL and authorize automated fetching of the website pages.
You must not submit information you do not have the right to share, including the personal data of others without their consent. You must not use the Service to assist with fraud, money laundering, sanctions evasion or other illegal activities. You must not attempt unauthorised access to the Service or its infrastructure, reverse-engineer, decompile or modify any part of the Service, scrape, bulk-download or extract data from the Service, disrupt, overload or attack the Service or its systems, impersonate another person or entity, or submit malware, phishing content or malicious code.
If Onbold suspects that you are using the Service in violation of this Agreement, Onbold reserves the right to suspend or terminate your access with immediate effect.
SECTION 3: PRIVACY AND DATA HANDLING
3.1 Privacy Policy
The collection, use and handling of Personal Data in connection with the Service is governed by Onbold’s Privacy Policy, which forms part of this Agreement and is incorporated herein by reference. Before you access or use the Service, Onbold will ask for your consent to process your personal data as described in the Privacy Policy. By providing that consent, you confirm that you have read and understood the Privacy Policy and agree to the data practices described therein. In the event of any conflict between this Agreement and the Privacy Policy with respect to the handling of Personal Data, the Privacy Policy takes precedence.
3.2 Your Obligations in Respect of Data
You are responsible for ensuring that any personal data you submit to the Service, including data relating to third parties, is submitted lawfully and in compliance with applicable data protection legislation. You must not submit personal data for which you do not have a lawful basis for sharing.
3.3 Cookie Policy
The use of cookies and similar tracking technologies in connection with the Service is governed by Onbold’s Cookie Policy, accessible at https://onbold.ai/legal/cookies, which also forms part of this Agreement and is incorporated herein by reference.
SECTION 4: SESSION AND RESUME URLS
4.1 Resume Functionality
When you submit a website for assessment, Onbold.ai generates a Resume URL that allows you to return to your session and continue onboarding without re-submitting the website. The Resume URL contains a unique token and is valid for 90 days from the date of creation.
4.2 Security of Resume URLs
The Resume URL functions as the credential for access to your session and the information associated with it, including your name, email address, phone number and Assessment results. Anyone in possession of the Resume URL can view and continue your assessment without separately logging in. You must treat the Resume URL with the same care as a password and must not share it publicly or with any party you do not wish to have access to your information.
In addition, when you visit your Resume URL, the Service sets an auto-resume cookie in your browser that allows the same device and browser to return to your session automatically without needing the URL again. This cookie expires at the same time as the Resume URL.
4.3 Session Expiration
Your session and Resume URL expire 90 days after creation, in alignment with Onbold's data retention policy as described in the Privacy Policy. After expiration, you must submit a new website URL to commence a new assessment.
SECTION 5: INTELLECTUAL PROPERTY
5.1 Onbold's Intellectual Property
All intellectual property rights in the Service, including its design, branding, code, Assessments and all associated content ("Onbold IP"), are owned by Onbold or its licensors. Nothing in this Agreement grants you any right, title or interest in or to the Onbold IP. You may not copy, reproduce or reuse Onbold IP without prior written permission from Onbold, use Onbold's trademarks, logos or branding, or create derivative works or competing services based on the Service.
5.2 Your Content
You retain ownership of any User Content you submit to the Service. By submitting User Content, you grant Onbold a non-exclusive, royalty-free, worldwide licence to use, analyse and store your User Content solely for the purposes of providing the Service, improving Onbold's deterministic assessment engine using only anonymised and aggregated data, and conducting analytics and research in anonymised form. This licence terminates upon deletion of your data in accordance with the Privacy Policy.
SECTION 6: WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 No Warranty
The Service is provided on an "as-is" and "as-available" basis. Onbold and its suppliers make no warranty, express or implied, regarding the accuracy, completeness or reliability of Assessments, fitness for any particular purpose, merchantability or non-infringement, uninterrupted or error-free operation of the Service, or the availability or accuracy of third-party websites or information.
6.2 Assessment Limitations
Assessments are informational only. They do not constitute a guarantee of approval by any acquirer, bank, payment scheme or financial institution, constitute legal, financial or compliance advice, substitute for professional counsel or independent expert review, verify identity, business registration or regulatory compliance status, or predict the outcome of any underwriting review. Organisations are responsible for independently verifying their compliance with applicable laws and for seeking professional legal, financial and compliance advice.
6.3 Third-Party Content
The Service analyses publicly available information from submitted websites and a range of external sources. This includes crawling multiple pages of the submitted website; using third-party search engine services (including Brave Search and DuckDuckGo) to locate publicly available information about the submitted business, including its Trustpilot listing where one exists; and, where a website cannot be reached directly, routing the request through Bright Data’s Web Unlocker proxy service to complete the fetch. Onbold does not verify, endorse or control third-party content and is not liable for inaccuracies or unlawful content on third-party sites. The analysis of these external sources may incidentally capture personal data relating to individuals who are not party to this Agreement; the basis on which that data is processed and the rights of those individuals are described in the Privacy Policy.
6.4 Rate Limiting and Access Controls
Onbold reserves the right to impose rate limits, bot-protection measures and other access controls on the Service at any time, including limiting the number of website submissions that may be made from a single IP address within a given period. These measures are designed to protect the integrity and availability of the Service. Onbold is not liable for any inconvenience or loss arising from your access to the Service being temporarily unavailable or restricted as a result of such measures.
6.5 Excluded Damages
To the maximum extent permitted by law, Onbold shall not be liable for indirect, incidental, special, consequential or punitive damages, loss of profits, revenue, data, goodwill or business opportunity, damages arising from your use of or inability to use the Service, third-party claims or damages, or losses caused by Assessment inaccuracy or non-approval by payment providers.
6.6 Liability Cap
Onbold's total liability to you for any claim arising out of or relating to this Agreement or the Service shall not exceed the amount paid by you to Onbold in the 12 months preceding the claim, or zero where no amounts have been paid.
6.7 Carve-Outs
The limitations in Sections 6.5 and 6.6 do not apply to liabilities that cannot be excluded by applicable law, including personal injury or death caused by Onbold's gross negligence or wilful misconduct, fraud or fraudulent misrepresentation, violation of applicable consumer protection laws, or unauthorised access to personal data arising from Onbold's negligence.
SECTION 7: INDEMNIFICATION, TERMINATION AND MODIFICATIONS
7.1 Indemnification
You agree to indemnify, defend and hold harmless Onbold and its officers, employees and agents from and against any claims, damages, losses or liabilities (including reasonable legal costs) arising from your use of the Service, your violation of this Agreement, your submission of unauthorised, unlawful, infringing or false information, your infringement of any third-party intellectual property rights, or any action or inaction taken in reliance on an Assessment generated by Onbold.
7.2 Termination by You
You may cease using the Service at any time. Your data will be handled in accordance with the Privacy Policy following cessation of use.
7.3 Termination by Onbold
Onbold may suspend or terminate your access to the Service with immediate effect, without prior notice, whether by manual decision or through automated systems, if you violate this Agreement or Onbold's Acceptable Use Policy, if you engage in fraud, illegal activity or abuse of the Service, if your use poses a security or operational risk to Onbold or other users, or if Onbold ceases operations. Automated suspension may also occur as a result of rate limiting or bot-protection measures as described in Section 6.4. Upon termination or suspension, your right to use the Service is immediately revoked.
7.4 Modifications to the Service and Terms
Onbold may modify the Service, its features or these terms at any time. Modifications to these terms will be effective upon posting to this page; your continued use of the Service following such posting constitutes acceptance of the modified terms. Onbold will announce material changes by email to any contact address you have provided, or by prominent notice on the Onbold website. If you do not agree to any modification, you must cease using the Service.
SECTION 8: FINAL CONDITIONS AND STIPULATIONS
8.1 Third-Party Links and Services
The Service may link to or integrate with third-party websites, APIs or services. Onbold does not endorse or control third-party content, assume liability for third-party accuracy, legality or conduct, or monitor third-party compliance with applicable laws or standards. Your use of third-party services is governed by the terms and privacy policies of those third parties and not by this Agreement. Onbold is not responsible for third-party service interruptions or failures.
8.2 Governing Law and Dispute Resolution
This Agreement is governed exclusively by the laws of Malta, without regard to conflicts-of-law principles. Any dispute arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by Malta Arbitration Centre, rather than by litigation. You waive any right to a jury trial and class action participation. Notwithstanding the foregoing, Onbold may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement, misuse or breach of this Agreement.
8.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
8.4 Entire Agreement
This Agreement, together with the Privacy Policy and Cookie Policy accessible at https://onbold.ai/legal, constitutes the entire agreement between you and Onbold with respect to the Service and supersedes all prior or contemporaneous agreements, representations or understandings between the Parties relating to the same subject matter.
8.5 Assignment
You may not assign or transfer this Agreement or any rights or obligations under it without Onbold's prior written consent. Onbold may assign or transfer this Agreement at any time, including to any successor entity in connection with a merger, acquisition or sale of assets.
8.6 Contact
For questions about this Agreement, please contact:
Onbold Commerce Ltd.
Address: 86A, Leli Falzon Street
Naxxar, NXR2609
Malta
Email: [legal@onbold.ai]
Website: https://onbold.ai
END OF AGREEMENT