Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and BetFlow Payments Ltd ("BetFlow", "we", "us", or "our"), a company incorporated in Malta under registration number C 98412, with its registered office at Level 3, Quantum House, 75 Abate Rigord Street, Ta' Xbiex XBX 1120, Malta. These Terms govern your access to and use of BetFlow's payment gateway services, APIs, dashboards, documentation, and any related tools or features (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are entering into these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time. Material changes will be communicated to you at least thirty (30) days in advance via email or through a notice on our merchant portal. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms.

The following definitions apply throughout these Terms of Service unless the context requires otherwise:

"Operator" means any licensed sportsbook, betting exchange, daily fantasy sports platform, or other iGaming business that has entered into a merchant services agreement with BetFlow to use our payment processing services. "Player" or "End User" means any individual who uses an Operator's sports betting platform and whose payment transactions are processed through BetFlow's payment gateway. "Transaction" means any deposit, withdrawal, refund, chargeback, or other financial operation processed through the Services.

"Merchant Services Agreement" or "MSA" means the separate agreement between BetFlow and an Operator that sets out the specific commercial terms, fee schedules, and service level agreements applicable to that Operator's use of the Services. "API" means BetFlow's application programming interface through which Operators integrate the Services into their platforms. "Hosted Payment Page" means the BetFlow-hosted checkout page through which Players submit payment details for processing.

"Settlement" means the transfer of funds from BetFlow to an Operator's designated settlement account after deduction of applicable fees and reserves. "Chargeback" means a reversal of a previously settled Transaction initiated by a Player's card issuer or bank. "Reserve" means the percentage of settlement funds withheld by BetFlow as security against chargebacks, refunds, and other liabilities, as specified in the applicable MSA.

To use BetFlow's Services as an Operator, you must meet the following eligibility criteria: you must be a legally incorporated business entity; you must hold a valid gambling licence issued by a recognised regulatory authority (including but not limited to the Malta Gaming Authority, UK Gambling Commission, Gibraltar Regulatory Authority, Curacao eGaming, or equivalent); and you must be in good standing with your licensing authority and not subject to any regulatory sanctions, suspensions, or revocations.

To register for an Operator account, you must complete our application process, which includes providing accurate and complete information about your business, ownership structure, licensing status, and anticipated transaction volumes. You must also successfully complete our Know Your Business (KYB) due diligence process, which may include verification of corporate documents, beneficial ownership, source of funds, and compliance history. BetFlow reserves the right to reject any application at its sole discretion without providing reasons.

You are responsible for maintaining the confidentiality of your account credentials, including API keys, webhook secrets, and dashboard login details. You agree to notify BetFlow immediately of any unauthorised access to or use of your account. BetFlow will not be liable for any loss or damage arising from your failure to safeguard your account credentials. You must ensure that all information provided during registration and throughout the term of the agreement remains accurate and up to date, and you must promptly notify us of any changes to your licensing status, corporate structure, or beneficial ownership.

BetFlow provides a comprehensive payment gateway platform designed specifically for the sports betting and iGaming industry. Our core Services include the processing of card payments (Visa, Mastercard, and other supported card schemes), bank transfers (SEPA, SWIFT, Faster Payments), e-wallet integrations, cryptocurrency payments (where permitted by applicable regulation), and alternative payment methods relevant to the iGaming sector.

Our Services encompass real-time transaction processing with intelligent routing across multiple acquiring banks to optimise approval rates, hosted payment pages that are fully customisable to match your sportsbook's branding, a merchant dashboard providing real-time transaction monitoring, analytics, and reporting, and a RESTful API with comprehensive documentation for seamless integration. We also provide settlement and reconciliation services, including automated settlement to your designated bank account on agreed schedules, detailed settlement reports, and chargeback management tools.

BetFlow additionally offers fraud prevention and risk management tools, including real-time transaction scoring, velocity checks, device fingerprinting, geolocation verification, and configurable fraud rules. Our compliance toolkit assists Operators with responsible gambling transaction controls, deposit limit enforcement at the payment level, and self-exclusion payment blocking. All Services are subject to the specific terms, features, and service levels set out in your Merchant Services Agreement, which supplements and, in the event of conflict, takes precedence over these general Terms.

The fees applicable to your use of the Services are set out in the Fee Schedule annexed to your Merchant Services Agreement. Fees typically include a per-transaction processing fee (expressed as a percentage of the transaction amount plus a fixed fee per transaction), monthly platform fees, chargeback handling fees, refund processing fees, and any applicable setup or integration fees. All fees are quoted exclusive of applicable taxes, including VAT, which will be charged at the prevailing rate where required by law.

BetFlow will deduct applicable fees from your settlement funds prior to disbursement, unless alternative billing arrangements are specified in your MSA. Detailed fee breakdowns are available in your settlement reports and merchant dashboard. BetFlow reserves the right to adjust fees upon sixty (60) days prior written notice, provided that any fee increase shall not apply to Transactions initiated before the effective date of the increase.

In the event of non-payment of any amounts due to BetFlow, we reserve the right to suspend settlement, withhold funds, charge interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on overdue amounts, and ultimately terminate your access to the Services. You agree to pay all costs and expenses (including reasonable legal fees) incurred by BetFlow in collecting any overdue amounts. BetFlow may also maintain a rolling reserve as specified in your MSA, which serves as collateral against chargebacks, refunds, and other potential liabilities.

As an Operator using BetFlow's Services, you are required to maintain all necessary licences, permits, and regulatory approvals required to lawfully operate a sports betting or iGaming platform in each jurisdiction where you offer services. You must promptly notify BetFlow of any changes to your licensing status, including any regulatory investigations, sanctions, conditions, or revocations.

You must comply with all applicable anti-money laundering (AML) and counter-terrorism financing (CTF) laws and regulations, including but not limited to the EU's 4th and 5th Anti-Money Laundering Directives, and maintain adequate KYC procedures for your players. You are responsible for conducting appropriate due diligence on your players before they can deposit or withdraw funds through the BetFlow gateway. You must implement and maintain a comprehensive responsible gambling programme, including deposit limits, self-exclusion mechanisms, and age verification procedures.

You must comply with all card scheme rules (Visa, Mastercard, and any other applicable payment network), including rules relating to transaction processing, cardholder data security, dispute resolution, and branding. You must achieve and maintain PCI DSS compliance at the appropriate level for your transaction volumes. You must not process transactions that are illegal, fraudulent, or otherwise prohibited under applicable law or card scheme rules, including transactions related to unlicensed gambling, arbitrage betting schemes designed to launder funds, or any activity that could expose BetFlow to regulatory or reputational risk.

You may not use the Services for any unlawful purpose or in violation of these Terms. The following activities are strictly prohibited and may result in immediate suspension or termination of your account:

Processing transactions for unlicensed gambling operations or in jurisdictions where you do not hold a valid gambling licence. Processing transactions involving the proceeds of crime, money laundering, terrorist financing, or any form of financial crime. Facilitating transactions for individuals on sanctions lists, including OFAC, EU, and UN sanctions lists. Processing transactions for persons under the legal gambling age in the relevant jurisdiction.

Engaging in transaction laundering or factoring, meaning processing transactions on behalf of another merchant through your BetFlow account. Manipulating or attempting to manipulate chargeback processes, including encouraging or assisting players in filing illegitimate chargebacks. Using the Services to process transactions for products or services other than those disclosed in your MSA, or materially changing the nature of your business without prior written approval from BetFlow.

Attempting to reverse-engineer, decompile, or disassemble any component of the Services, or accessing the Services through any automated means (bots, scrapers, etc.) except through our published API. Engaging in any activity that could damage, disable, overburden, or impair BetFlow's infrastructure, or that interferes with any other party's use of the Services. Violating any applicable law, regulation, card scheme rule, or industry standard in connection with your use of the Services.

All intellectual property rights in and to the Services, including but not limited to software, APIs, documentation, dashboards, user interfaces, trademarks, logos, and any related materials, are and shall remain the exclusive property of BetFlow or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited licence to use the Services as expressly set out herein.

Subject to your compliance with these Terms and your MSA, BetFlow grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for the sole purpose of processing payment transactions for your licensed sportsbook or iGaming platform. This licence does not include the right to sublicense, resell, or distribute the Services, or to create derivative works based on any part of the Services.

You grant BetFlow a limited, non-exclusive licence to display your company name, logo, and trademarks on our website and marketing materials for the purpose of identifying you as a BetFlow client, unless you notify us in writing that you do not wish to be identified as such. You retain all rights in your trademarks and brand materials. Any feedback, suggestions, or ideas you provide to BetFlow regarding the Services may be used by us without restriction or obligation to you.

To the maximum extent permitted by applicable law, BetFlow's total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services, whether in contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the total fees paid by you to BetFlow during the twelve (12) month period immediately preceding the event giving rise to the claim.

In no event shall BetFlow be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, loss of goodwill, or costs of procuring substitute services, regardless of whether such damages were foreseeable or whether BetFlow was advised of the possibility of such damages.

BetFlow shall not be liable for any losses, damages, or delays arising from: (a) the actions, omissions, or insolvency of any acquiring bank, card issuer, payment network, or other third-party financial institution; (b) any force majeure event, including but not limited to natural disasters, acts of war or terrorism, epidemics, government actions, internet or telecommunications failures, or power outages; (c) your failure to comply with these Terms, your MSA, applicable law, or card scheme rules; (d) any unauthorised access to or use of your account resulting from your failure to safeguard your credentials; or (e) any Transaction declined, delayed, or reversed by a card issuer, bank, or regulatory authority. This limitation of liability is a fundamental element of the basis of the bargain between you and BetFlow.

You agree to indemnify, defend, and hold harmless BetFlow, its officers, directors, employees, agents, and affiliates (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable legal fees and expenses) arising out of or relating to:

Your use of the Services or any breach of these Terms or your MSA. Any violation of applicable law, regulation, card scheme rule, or industry standard by you or any of your employees, agents, or subcontractors. Any claim by a Player, cardholder, or third party relating to a Transaction processed through your BetFlow account, including chargebacks, disputes, and refund claims. Any claim that your sportsbook or iGaming platform infringes the intellectual property rights of any third party.

Any regulatory investigation, enforcement action, fine, or penalty arising from your failure to maintain adequate licensing, AML compliance, responsible gambling measures, or data protection practices. Your indemnification obligations shall survive the termination or expiration of these Terms. BetFlow reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you agree to cooperate fully with BetFlow in asserting any available defences.

Either party may terminate these Terms and the associated MSA by providing ninety (90) days prior written notice to the other party, unless a different notice period is specified in your MSA. BetFlow may also terminate or suspend your access to the Services immediately and without prior notice in the following circumstances:

You breach any material provision of these Terms or your MSA and fail to cure such breach within fourteen (14) days of receiving written notice from BetFlow. Your gambling licence is suspended, revoked, or materially restricted by your licensing authority. You become insolvent, enter administration, liquidation, or any analogous insolvency proceeding. You are subject to regulatory enforcement action that, in BetFlow's reasonable judgment, poses a material risk to BetFlow's operations, reputation, or regulatory standing. Your chargeback ratio exceeds 1.0% of total Transactions for any two consecutive calendar months, or exceeds the thresholds established by the applicable card schemes.

Upon termination, BetFlow will process all pending Transactions and settlements in accordance with the wind-down provisions of your MSA. Any rolling reserve held by BetFlow will be released in accordance with the release schedule specified in your MSA, typically one hundred and eighty (180) days following the last Transaction. BetFlow reserves the right to withhold settlement funds to cover anticipated chargebacks, refunds, fines, and other liabilities for a reasonable period following termination. All provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property, limitation of liability, indemnification, and governing law provisions.

These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malta, without regard to its conflict of law principles.

Any dispute arising out of or in connection with these Terms that cannot be resolved through good-faith negotiation within thirty (30) days shall be referred to and finally resolved by arbitration administered by the Malta Arbitration Centre in accordance with its rules then in force. The arbitration shall be conducted in English by a single arbitrator appointed in accordance with the Malta Arbitration Centre rules. The seat of arbitration shall be Valletta, Malta. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or data protection requirements. Nothing in this arbitration clause shall prevent BetFlow from commencing legal proceedings in any jurisdiction where you are incorporated or maintain assets, for the purpose of enforcing an arbitral award or recovering amounts due under these Terms.

These Terms, together with your MSA and any other documents expressly incorporated by reference, constitute the entire agreement between you and BetFlow with respect to the Services and supersede all prior or contemporaneous agreements, understandings, and representations, whether written or oral. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.