Terms of Service

CHAX SOFTWARE, INC. — Last updated March 2026

These Terms of Service ("Terms") govern your access to and use of the CHAX CLOUD platform ("Service") operated by CHAX SOFTWARE, INC. ("CHAX," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

CHAX CLOUD is a cloud-based software platform that enables businesses to: (a) collect bank authorization forms from payers electronically; (b) manage payee and client banking information; and (c) generate and print professional business checks drawn on the user's own bank accounts.

CHAX SOFTWARE, INC. is a software company, not a bank, financial institution, money transmitter, or payment processor. We do not hold, transfer, move, or process funds on your behalf. All checks generated through CHAX CLOUD are drawn on your own bank accounts and are your sole financial instruments. CHAX provides only the software tools to create and print those instruments.

2. Eligibility and Account Registration

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use the Service. By using CHAX CLOUD, you represent that you are using the Service for lawful business purposes only.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect unauthorized access to your account.

3. Check Printing — User Responsibilities

By using CHAX CLOUD to print checks, you represent, warrant, and agree that:

• You are authorized to draw checks on the bank accounts you configure in the Service
• All checks you print are for legitimate business purposes and represent genuine financial obligations
• You have obtained proper written authorization from any payer whose bank account information you enter into the Service
• You will comply with all applicable federal and state laws governing check issuance, including but not limited to the Uniform Commercial Code (UCC) Articles 3 and 4
• You will comply with your bank's terms of service regarding check printing and account usage
• You will not use the Service to print fraudulent, forged, unauthorized, or counterfeit checks
• You accept full legal and financial responsibility for all checks printed through your account

CHAX SOFTWARE, INC. is not responsible for any checks that are dishonored, returned, or rejected by any bank or financial institution. You are solely responsible for ensuring sufficient funds are available in your bank accounts.

4. Bank Authorization Forms

CHAX CLOUD provides tools to collect bank authorization forms from your clients. By using this feature, you agree that:

• You will only send authorization form requests to individuals or entities who have a genuine business relationship with you
• You will not use the authorization form feature for unsolicited collection of banking information
• You are responsible for verifying the identity and authorization of all payers who submit forms
• You will maintain copies of all authorizations as required by applicable law
• HIGH-VALUE TRANSACTIONS: Checks of $5,000 or more require additional due diligence. You are responsible for verifying the legitimacy of all high-value transactions

5. NACHA and ACH Compliance

While CHAX CLOUD does not initiate ACH transactions, the banking information collected through our platform may be used by you or your financial institution for ACH-related purposes. If you use banking information obtained through CHAX CLOUD for any ACH transactions, you are solely responsible for complying with NACHA Operating Rules and Guidelines, applicable Originating Depository Financial Institution (ODFI) requirements, and all applicable federal and state regulations governing electronic funds transfers.

6. Prohibited Uses

You agree not to use CHAX CLOUD to:

• Create, print, or distribute fraudulent, forged, counterfeit, or unauthorized checks
• Engage in check kiting, check washing, or any other form of check fraud
• Collect banking information from individuals without their knowledge or consent
• Launder money or facilitate any illegal financial transactions
• Violate any applicable federal, state, or local laws or regulations
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to any portion of the Service or its related systems
• Use the Service for any purpose that competes with CHAX SOFTWARE, INC.
• Engage in or facilitate any harassing, abusive, threatening, or deceptive debt collection practices, including any practice prohibited by the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., the Telephone Consumer Protection Act (TCPA), or any applicable state debt collection law
• Print checks containing false, misleading, or deceptive statements in connection with the collection of any consumer debt
• Use the Service to contact or communicate with consumers in a manner that violates any consumer protection law, including without limitation the FDCPA, TCPA, or the Consumer Financial Protection Act (CFPA)
• Use the Service to collect, store, or process consumer banking information obtained through deceptive, coercive, or unauthorized means
• Use the Service in connection with any unlicensed debt collection activity in jurisdictions that require licensing for debt collection

Violation of these prohibitions will result in immediate account termination and may be reported to appropriate law enforcement authorities, including the FBI, FinCEN, the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and relevant state financial regulators.

7. Subscription Plans and Billing

CHAX CLOUD is offered on a monthly subscription basis. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel.

• Basic Plan ($29/month): Up to 25 payees, 50 checks per month
• Pro Plan ($79/month): Up to 200 payees, 500 checks per month
• Enterprise Plan ($199/month): Unlimited payees and checks

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial months.

Refunds: Subscription fees are generally non-refundable. Exceptions may be made at our sole discretion for documented technical failures that prevented use of the Service. To request a refund, contact [email protected] within 14 days of the charge.

Plan Limits: If you exceed your plan's check or payee limits, you will be prompted to upgrade. We reserve the right to suspend check printing until you upgrade or reduce usage within your plan limits.

8. Business Verification

To access full check printing functionality, you may be required to complete business verification by providing your business name, type, EIN, and owner information. This verification is conducted to comply with applicable anti-money laundering (AML) and Know Your Customer (KYC) requirements. We reserve the right to suspend or terminate accounts that fail verification or provide false information.

9. Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by CHAX SOFTWARE, INC. and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes only.

The MICR font and check printing technology incorporated in CHAX CLOUD are proprietary to CHAX SOFTWARE, INC. You may not copy, reverse engineer, or redistribute any component of the Service.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHAX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CHAX DOES NOT WARRANT THAT CHECKS PRINTED THROUGH THE SERVICE WILL BE ACCEPTED BY ANY BANK OR FINANCIAL INSTITUTION. CHECK ACCEPTANCE IS SOLELY AT THE DISCRETION OF THE RECEIVING BANK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHAX SOFTWARE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, LOSS OF DATA, BANK FEES, RETURNED CHECK FEES, OVERDRAFT CHARGES, OR ANY OTHER FINANCIAL LOSSES ARISING FROM YOUR USE OF THE SERVICE OR FROM CHECKS PRINTED THROUGH THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CHAX IN THE THREE MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless CHAX SOFTWARE, INC. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) any checks you print through the Service; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) any claim by a third party related to banking information you collected through the Service.

13. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for: (a) violation of these Terms; (b) suspected fraudulent activity; (c) non-payment of subscription fees; (d) failure to pass business verification; or (e) any other reason at our sole discretion.

Upon termination, your right to use the Service ceases immediately. We will retain your check history and audit logs for up to 7 years as required by financial regulations. You may request an export of your data within 30 days of termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Clark County, Nevada, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property violations or unauthorized use of the Service.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

16. Regulatory Compliance — User Responsibility

CHAX SOFTWARE, INC. provides a neutral, general-purpose check printing and payment management platform. We are not a debt collector, collection agency, or financial regulator. We do not provide legal advice, compliance consulting, or regulatory guidance.

You are solely responsible for ensuring that your use of CHAX CLOUD complies with all applicable laws and regulations governing your industry and business activities, including but not limited to:

• Fair Debt Collection Practices Act (FDCPA) — If you are a debt collector as defined under 15 U.S.C. § 1692a(6), you are solely responsible for ensuring that all checks, communications, and data collection activities conducted through CHAX CLOUD comply with the FDCPA and applicable state debt collection laws
• Telephone Consumer Protection Act (TCPA) — You are responsible for obtaining all required consents before contacting consumers
• Consumer Financial Protection Act (CFPA) — You are responsible for compliance with all CFPB rules and guidance applicable to your business
• State Licensing Requirements — You are responsible for obtaining and maintaining all required licenses to operate your business, including any debt collection licenses required in your state or the states where your clients reside
• Gramm-Leach-Bliley Act (GLBA) — If you are a financial institution subject to GLBA, you are responsible for your own compliance obligations regarding the consumer financial information you process through CHAX CLOUD
• Anti-Money Laundering (AML) / Bank Secrecy Act (BSA) — You are responsible for your own AML/BSA compliance obligations

CHAX SOFTWARE, INC. is a technology vendor. Our provision of software tools does not make us a party to your regulatory obligations. Courts have consistently held that neutral technology vendors are not liable under consumer protection statutes for the independent actions of their users. (See, e.g., Diana v. FNCB, Superior Court of New Jersey, Appellate Division, 2025; In re FDCPA Mailing Vendor Cases, E.D.N.Y., 2021.) Nonetheless, we reserve the right to terminate your account if we have reasonable grounds to believe you are using CHAX CLOUD in violation of applicable law.

17. Indemnification for Regulatory Violations

In addition to the indemnification obligations in Section 12, you specifically agree to indemnify, defend, and hold harmless CHAX SOFTWARE, INC. and its officers, directors, employees, and agents from and against any claims, investigations, enforcement actions, fines, penalties, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

• Any alleged or actual violation of the FDCPA, TCPA, CFPA, GLBA, BSA, or any other federal or state consumer protection, debt collection, or financial regulation arising from your use of CHAX CLOUD
• Any regulatory investigation, audit, or enforcement action by the CFPB, FTC, state attorney general, or other regulatory authority related to your use of CHAX CLOUD
• Any claim by a consumer, debtor, or third party arising from checks you printed or communications you made using CHAX CLOUD
• Your failure to obtain required licenses, registrations, or authorizations to operate your business
• Your collection, storage, or use of consumer banking information in violation of applicable law

This indemnification obligation survives termination of your account and these Terms.

18. Changelog

To view the history of changes to these Terms of Service, including previous versions and what changed in each update, please visit our Terms of Service Changelog.

19. Contact

For questions about these Terms, please contact: