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The following terms and conditions (“Terms”) are a legal agreement between you (“you”, “your”) and Lubyall LLC. (“LubyNet”, “we”, “our” or “us”) that governs your use of our payment processing and other services, our website, our mobile application, and any version of our card acceptance devices (collectively, the “Services”). By using the Services, you represent that you have read and accept these Terms, whereas is LubyNet is a trading name of Lubyall LLC.
Lubyall LLC. is an Unitied State corporation, with its registered office at 4500 Satellite Boulevard,Suite 2130, Duluth, GA 30096.
This agreement is separated into three parts:
Part One contains terms relating to your use of the Services in general.
Part Two contains terms relating to payment processing as part of the Services.
Part Three contains additional terms relating to the legal relationship between you and LubyNet
1. General
1.1. Our Services allow you to accept payment card transactions (“Transactions”) from your customers (“Cardholders”) using various methods, including a compatible mobile device, our mobile application (“App” or “Software”), and a card acceptance device (“Terminal”).
1.2. To use our Services, you need to have a compatible mobile device and Internet connection provided by third parties. These third parties may charge you for using your mobile device and/or Internet connection to access our Services, and you are responsible for paying those fees. We maintain an updated list of compatible mobile devices and accepted payment cards on our website.
1.3. When you accept Transactions using one of our Terminals, it processes and authorizes Transactions between the payment card and our servers. Funds from your Transactions will be credited to us, and we will transfer to your bank account any amounts owed to you after receiving them (“Payout”).
1.4. Before making a Payout, we will deduct the applicable fees for using our Services (“Fees”). If you choose a pricing plan (“Plan”), you will pay any recurring fees based on your selected Plan. Our current Fees and available Plans are listed on our website and are subject to change at LubyNet’s discretion.
1.5. Our obligations under these Terms are limited to providing you with a LubyNet Account and the Services. We reserve the right to suspend Services, either temporarily or permanently, for maintenance, legal compliance, your non-compliance with these Terms, or if there are reasonable suspicions of money laundering, terrorist financing, or other illicit activities.
1.6. We may terminate, suspend, update, or modify the Services at any time with immediate effect without prior notification.
1.7. We reserve the right to appoint a third party to fulfill some or all of our obligations under these Terms.
2.1. To use LubyNet’s Services, you must register and sign up for a LubyNet Account (“Account”). You confirm that all information provided about you and/or your business is accurate at the time of entering into these Terms. You are responsible for keeping this information up-to-date. We may suspend or terminate Services for anyone providing inaccurate, untrue, untimely, or incomplete information or failing to comply with registration requirements. Upon successful sign-up, a confirmation email will be sent to your registered email address. You may have only one (1) Account, unless we explicitly approve additional Accounts or sub-Accounts.
2.2. You must choose a descriptive identification name that clearly identifies you or your business, in addition to providing your correct contact phone number. This information may appear on Cardholders’ credit or debit card statements.
2.3. After registering and accepting these Terms, we will conduct checks in accordance with applicable know-your-customer, anti-money laundering, and anti-terrorism financing laws and regulations, as determined by us. We may perform a credit check and request additional documentation to fulfill our obligations. You agree to assist us as requested.
2.4. The decision regarding the adequacy of your verification and vetting, as per section 2.3, rests solely with us. Until successfully verified, we reserve the right to terminate or withhold Services under these Terms.
2.5. Your Account will be registered on our servers. We hold an amount equal to any funds owed to you separate from our own funds, in a segregated bank account along with amounts from other Accounts.
2.6. Funds owed to you will be transferred to a valid bank account designated by you in your Account. It is your responsibility to ensure the accuracy and currency of your bank account information.
2.7. If there is no transaction activity (excluding cash-only transactions) in your LubyNet Account:
• Within the first 60 days of opening, or
• For 18 consecutive months,
we may close your Account due to inactivity. We reserve the right to notify you of this closure via your registered email address. If you do not respond to this notification within thirty (30) calendar days from the closure email date and confirm.
3.1. Eligibility and Use Limitations
By accepting these Terms, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business in the US state(s) where you operate. Our Services are intended solely for business purposes within the United States. You may not directly or indirectly export the Services, and you acknowledge that the Services may be subject to US export restrictions. It is your responsibility to comply with these restrictions.
3.2. Age Requirement
If you are a natural person, you must be eighteen (18) years or older to use the Services. We may request evidence of your age at any time.
3.3. Compliance with Card Schemes
By accepting these Terms, you agree to comply with the rules and regulations set by relevant credit card organizations, including Visa, Mastercard, and American Express (“Card Schemes”). These organizations require adherence to their bylaws, rules, and regulations (“Network Rules”), and they may terminate or limit these Terms if you fail to comply.
3.4. Changes Due to Network Rules
The Card Schemes periodically update their rules and regulations. LubyNet may need to modify these Terms accordingly. The Card Schemes may, at their discretion, require LubyNet to restrict or terminate Services.
3.5. Additional Agreements and Thresholds
You may need to enter a separate agreement with our acquiring bank partners or the Card Schemes themselves if your transaction volume exceeds a specified threshold (currently $1,000,000 annually or as otherwise specified). We will notify you and provide the necessary agreement if required. In case of conflict between these Terms and such agreement, the terms of the acquirer agreement prevail.
3.6. Transaction Restrictions
You are prohibited from accepting Transactions that:
For further details on restricted businesses, refer to LubyNet’s policy on our website, which is incorporated herein.
3.7. Transaction Monitoring and Actions
If we believe a Transaction violates these Terms or the law, or poses harm to us, our users, or our processors (e.g., fraud, reputational damage), we reserve the right to:
Transactions may be held or suspended, without payout, until the chargeback period expires or it is determined no violation occurred. Decisions regarding Transactions are at LubyNet’s sole discretion.
3.8. Prohibited Practices
4.1. Terminal Acquisition
You may purchase, lease, or borrow our Terminals at prices or lease terms determined by us and published on our website. Separate terms may apply for purchases.
4.2. Terminal Use
You may use only one Terminal per Account. Upon request, additional Terminals may be supplied for additional Accounts or sub-Accounts.
4.3. Terminal Restrictions
You are prohibited from selling, renting, licensing, or transferring a Terminal to a third party or allowing its use by a third party. Modifying the software or hardware of a Terminal is also prohibited. Terminals must only be used for accepting Transactions through the installed version of the App.
4.4. Terminal Return
Upon our request, you must return a leased or borrowed Terminal upon termination or expiry of these Terms, or for replacement purposes. If you terminate these Terms, you are responsible for returning any leased or borrowed Terminal at your own expense.
4.5. App Updates
You must promptly install all App updates to ensure continued use of the Services.
5.1. Card Acceptance Conditions
You must not accept Transactions if the payment card lacks typical elements, appears stolen, manipulated, damaged, or has expired.
5.2. Transaction Conditions
Without our express permission, you must not set a minimum Transaction threshold higher than $1.00. Payment terms for Cardholders must match or exceed those for cash-paying customers, with no additional charges or surcharges imposed.
5.3. Transaction Monitoring
You are responsible for monitoring your Account and Transaction history. Any funds received in error or excess of the sale amount must be promptly refunded to the Cardholder.
5.4. Notification of Changes
You must promptly notify us of any changes to the information provided upon entering these Terms. This includes changes in business type, product range, company sale or lease, ownership change, legal name or form, address, bank account details, significant financial condition changes, and updates in onboarding or know-your-customer information.
5.5. Display Requirements
You agree to display LubyNet advertising material prominently at your business premises. This may include stickers featuring the LubyNet and Card Schemes’ logos, and signs or leaflets required by law, Card Schemes, or LubyNet.
5.6. Receipts and Account Security
You must provide a paper-based receipt of the Transaction to the Cardholder if required by law or Network Rules. Additionally, you may offer Cardholders the option to receive a receipt via email or text message, provided it does not replace a required paper-based receipt.
5.7. Account Security and Responsibilities
You acknowledge sole responsibility for ensuring the security of your Account login details. No Terminal user should manipulate data input, and unauthorized use of your Account, Terminals, or associated confidential information is prohibited. If you suspect unauthorized Account use, you must immediately notify us and change your Account login password.
5.8. PCI-DSS Compliance
During these Terms, you must comply with applicable provisions of the Payment Card Industry Data Security Standard (“PCI-DSS”). This includes standards for the storage, processing, and transmission of payment card data. Information about PCI-DSS can be found on the PCI Council’s website
5.9. Statement Review and Records
You are required to promptly review all statements (e.g., invoices, settlement statements) provided by us, as well as settlements, refunds, chargebacks, or any other transactions debited or credited to your bank account or the Cardholder. Any objections to statements must be raised without undue delay, no later than seven (7) Business Days after receipt. Failure to object within this timeframe constitutes approval. We reserve the right to issue corrected statements or adjust payments after this deadline. Except as required by law, you are solely responsible for maintaining records of all Transactions and related Account data.
6.1. Offering Additional Services
LubyNet may offer you additional business services beyond those described above (“Additional Services”). These Additional Services may be provided by any member of our group of companies, including subsidiaries. To use Additional Services, you may need to agree to additional terms and conditions.
6.2. Card-Not-Present Payment Services
LubyNet may provide you with card-not-present payment services that allow you to accept e-commerce payments through a third-party application (“Partner Application”). This application could be a mobile app or a website provided by another company (the “Partner”) under a separate commercial relationship between you and the Partner.
In such cases, we are responsible solely for the payment services offered as part of the Partner Application. We do not take responsibility for the functionality of the Partner Application or any services provided to you or Cardholders by the Partner. If agreed upon between you and the Partner, we may charge fees that cover not only our transaction fees but also include a charge on behalf of the Partner to collect funds owed to them under the separate commercial agreement.
7.1. Authorization and Disbursement
You authorize us and any financial institution we work with to hold, receive, and disburse funds on your behalf in connection with the Services. This authorization remains valid until your Account is closed or terminated. Payouts to your bank account will be processed, at least partially, by third-party financial institutions (such as banks where you and LubyNet hold accounts). We are not liable for the final crediting of funds to your bank account once we have initiated the payout.
7.2. Interest and Earnings
You will not accrue interest or any other earnings on funds held in your Account. You irrevocably assign to us all rights and legal interests to any interest or earnings that may accrue on the funds in your Account.
7.3. Payouts
We will not make any payouts related to transactions until we have received funds from the designated financial institutions.
7.4. Fund Access Restrictions
If necessary to investigate or resolve any pending disputes related to your Account, we may restrict access to your funds during this process. We may also restrict access to your funds as mandated by law or court order.
8.1. Establishment of Reserve
To secure the performance of your payment obligations under these Terms, we reserve the right, at our sole discretion, to temporarily withhold Payouts to you and establish a reserve (“Reserve”). Additionally, we may establish a Reserve based on your risk profile, Account activity, and/or transaction history. The Reserve will remain in effect as long as we deem it necessary, at our sole discretion.
8.2. Use of Reserve
The Reserve serves as security in our favor. We have the right to collect and offset from the Reserve any amounts owed to us under these Terms, including any negative balance in your Account, without prior notice. You authorize us to deduct any amounts owed to us, along with any associated costs and expenses incurred in collecting these amounts, from the bank account where you receive Payouts, and/or from your credit card or bank account used for purchasing our Terminals. We may also set off these amounts against any Payouts owed to you.
8.3. Payment of Excess Amounts
If you owe us an amount that exceeds the Reserve, you must immediately pay us the respective amount upon our demand, but no later than 3 (three) Business Days. Failure to fully pay amounts owed to us upon demand constitutes a serious breach of these Terms. You will be responsible for all costs associated with collecting these amounts, including but not limited to attorneys’ fees, expenses, collection agency fees, and any applicable interest.
9.1. Definition and Occurrence of Chargebacks
A Transaction amount may be charged back to your Account if the Transaction is disputed, reversed by the Card Scheme, our processor, the Cardholder, or any designated financial institution for reasons including unauthorized access, suspicion of unlawful activity, or violation of these Terms (“Chargeback”).
9.2. Obligation to Assist in Chargeback Investigations
Upon our request, you agree to assist us in investigating any of your Transactions processed through the Services at your expense. Failure to assist in a timely manner, including providing necessary documentation within ten (10) Business Days of our request, may result in an irreversible Chargeback. We may charge a fee for investigating or mediating Chargebacks, with details disclosed on our website.
9.3. Resolution of Chargebacks
If a Chargeback dispute is not resolved in your favor by the issuing bank or Card Scheme, or if you opt not to contest a Chargeback, we reserve the right to recover the original Transaction amount plus Fees from you and credit the amount back to the Cardholder.
9.4. Management of Excessive Chargebacks
If we determine that you are experiencing an excessive number of Chargebacks, we may delay Payouts, establish a Reserve to cover anticipated Chargebacks and related fees, or suspend/terminate the Services and close your Account.
9.5. Responsibility for Chargebacks
You are liable for any Chargebacks on your Account, regardless of available funds. LubyNet may recover unpaid Chargebacks from your Account when funds are available or by other lawful means, including legal action.
10.1. Acceptance of Returns and Refunds
By using the Services, you agree to process returns and issue refunds through your Account in accordance with these Terms and Network Rules.
10.2. Policy on Refunds and Cancellations
Per Network Rules, you must disclose a fair return and cancellation policy at the time of purchase. Cash refunds for Transactions are only permissible as required by law, and you cannot accept cash or any other valuable item for processing a Transaction refund. The refund amount must include all applicable taxes and cannot exceed the original Transaction amount.
10.3. Handling Exchanges and Partial Returns
For exchanges, partial returns, or incorrect Transaction amounts, you must first refund the entire original Transaction amount. Then, initiate a new Transaction for any new goods/services or chargeable amounts.
10.4. Timeline for Refunds
Refunds initiated through your Account are authorized within sixty (60) days from the Transaction initiation date. We will recover the original Transaction amount plus Fees from you and credit the amount back to the Cardholder.
10.5 Deduction
If the value of Deduction exceeds the value of Transaction, we shall be entitled to deduct from, set-off and/or hold back, any Settlement against such shortfall. If we are unable to fully recover the shortfall, such shortfall shall become due immediately without notice.
10.6. Management of Excessive Refunds
If we determine, at our discretion, that you are processing an excessive number of refunds, we may disable your refund option.
10.7. Dispute With Consumer
We are not responsible and shall not be liable for any transactions you make with a consumer. We will not be a party to any resulting disputes, including but not limited to issues related to the performance, liability, delivery, quality, quantity, or use of your goods or services. All disputes regarding a transaction should be addressed directly by the consumer to you.
11.1. Tax Responsibilities
You are responsible for determining, collecting, withholding, reporting, and remitting any taxes imposed in connection with your use of our Services. If required by law or government authority, we may report your Account details and Transaction history to relevant authorities. LubyNet is not obligated to determine the applicability of taxes, calculate, collect, report, or remit any taxes arising from Transactions. We specifically disclaim liability related to Transaction taxes.
11.2. Tax Addition to Transactions
Unless expressly required by applicable law, you may not add any tax to a Transaction separately. If taxes are required, they must be included in the Transaction amount.
12.1. Exclusion of Certain Damages
You agree that LubyNet, its officers, directors, employees, affiliates, or agents will not be liable to you for indirect, incidental, consequential, special, or exemplary damages arising from these Terms or the Services, including lost revenue, profits, business, or reputation, regardless of the theory of liability.
12.2. Maximum Liability
LubyNet’s liability to you under these Terms or the Services, whether in tort (including negligence), contract, or otherwise, will not exceed the Fees collected from you in the three months preceding the event giving rise to liability.
12.3. Disclaimer of Service Interruptions
You acknowledge that the Services, including any technology, content, intellectual property, or information, may not always be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free. LubyNet will not be liable for any disruptions or impairments of the Services.
12.4. Statutory Rights
Nothing in these Terms excludes our liability for any statutory liability that cannot be excluded or amended by agreement between the parties.
12.5. Third-Party Actions
LubyNet is not liable for actions or omissions of third parties involved in the Services or for third-party advertisements on our website.
12.6. Third-Party Products
LubyNet is not liable for defects in third-party hardware, software, or other products sold or included with the Services. The manufacturer of such products is solely responsible for their service and support.
12.7. Liability
We shall not be liable to you for any of the following matters: –
You agree to indemnify, defend, and hold LubyNet, its employees, directors, agents, affiliates, representatives, and processors harmless from any claims, costs (including attorneys’ fees), losses, and damages arising from your breach of these Terms, Network Rules, or applicable additional terms; improper use of the Services; Transactions submitted by you; violation of third-party rights; or unauthorized access to the Services using your information.
14.1. Acknowledgment of Privacy Policy
By using the Services, you acknowledge having read LubyNet’s Privacy Policy available on the LubyNet’s website and mobile apps.
14.2. Compliance with Data Protection Laws
You agree to comply with applicable privacy and data security laws (Data Protection Laws) regarding LubyNet Data collected, processed, or accessed via the Services.
14.3. Use and Selling of LubyNet Data
You will only retain, use, or disclose LubyNet Data as necessary for using the Services and in accordance with LubyNet’s instructions. You will not sell LubyNet Data as defined under Data Protection Laws.
14.4. Notification and Cooperation
You will promptly notify LubyNet within 72 hours of receiving requests from individuals to exercise their rights under Data Protection Laws regarding LubyNet Data, and provide reasonable cooperation.
We are not a party to the legal relationship between you and the Cardholder. We assume no liability for any aspect of Transactions, including goods/services quality, price, warranties, etc. You must present yourself as a separate entity from LubyNet.
16.1. Account Termination
You may terminate your Account anytime. We may suspend or terminate your Account for any reason, including breach of these Terms, violation of laws/regulations, involvement in fraudulent activities, unacceptable credit/fraud risk, or security concerns.
We reserve the right to suspend the provision of any or all Services at any time, with or without notice, at our sole discretion, and without liability, for the following reasons:
16.2. Consequences of Account Termination
Upon termination, you remain bound by these Terms, must cease using the Services, acknowledge the end of your license to access/use the Services, and accept potential deletion of Account data by us.
16.3. Financial Settlement
After termination, you are required to settle all outstanding amounts promptly according to these Terms. We may retain a Reserve until the Account is fully settled, taking into account any potential Chargebacks. This retention period shall not exceed thirteen (13) months after the termination becomes effective.
17.1 Communication via Email and Mobile Devices:
Users consent to receiving messages on their email or mobile devices regarding their account and LubyNet services. This includes marketing communications.
Communication methods may include automated telephone calls with prerecorded messages.
Users are responsible for any message and data charges incurred. Users can manage their notification preferences through the LubyNet Preference Center.
Opting out of text messages can be done by replying “STOP” from the receiving mobile device or email.
17.2 Written Communication and Notices:
Users consent to receiving written communication and notices via email to the specified email address or posted on LubyNet’s website.
Communication and notices are considered received within 24 hours of being posted on the website or emailed, unless there’s proof of delivery failure.
Users can withdraw their consent for electronic communications by contacting LubyNet Support or help line. If LubyNet cannot accommodate this request, users may need to close their account.
17.3 Maintaining a Valid Email Address:
Users must maintain at least one valid email address in their account. LubyNet is not responsible if the provided email address is invalid or if users fail to update their email address.
Users are required to check their emails regularly for incoming messages, which may contain links to further communications on LubyNet’s website.
17.4 Communication via Mail:
LubyNet reserves the right to contact users via letter when appropriate.
Communication sent by mail is deemed received five (5) business days from the date of mailing.
18.1. Definition of IP Rights
IP Rights encompass all rights related to LubyNet’s services, terminals, website, apps, domain names, content, technology, logos, copyrights, trademarks, patents, and other exclusive and non-exclusive rights worldwide.
18.2. Ownership
LubyNet (or its licensors) exclusively owns all IP Rights associated with their services. Users are not granted any ownership rights, and they may not copy, imitate, or use IP Rights without prior written consent.
18.3. License to Use Services
Users receive a personal, limited, non-exclusive, revocable, non-transferable license to electronically access and use LubyNet’s services as outlined in the term
18.4. Restrictions
Users are prohibited from transferring their rights to third parties, providing access to LubyNet’s services, accessing LubyNet’s systems in unauthorized ways (manually or through automated means), copying, modifying, creating derivative works, publicly displaying, distributing LubyNet’s content, or circumventing technical limitations.
18.5. User Content
Users can generate and submit content (User Content) through LubyNet’s services. While users retain ownership of their User Content, they grant LubyNet a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right to use and reproduce User Content for promotional purposes related to LubyNet or its services.
18.6. Prohibited User Content
User Content must not be false, misleading, unlawful, obscene, indecent, defamatory, threatening, harassing, hateful, abusive, inflammatory, or contain harmful files. LubyNet reserves the right to edit or delete User Content that violates these guidelines without prior notification.
19.1. Right to Amend
LubyNet reserves the right to amend these Terms at any time, including changing, deleting, discontinuing, or imposing conditions on any aspect of the Services.
19.2. Notification
LubyNet will notify users of any changes to these Terms by posting the revised version on their website and communicating the changes through the Services.
19.3. Effective Date:
The revised Terms become effective when posted but do not apply retroactively. Continued use of the Services after the posting constitutes acceptance of the revised Terms. If users do not agree to the changes, they must stop using the Services.
If any part of these Terms is found invalid, unlawful, or unenforceable by a court, that part will be severed from the rest of the Terms, which remain valid and enforceable to the fullest extent permitted by law.
We shall be entitled to freely assign its rights and obligations under these Terms to third parties without user consent.
Users cannot assign their rights and obligations under these Terms to third parties without LubyNet’s prior written consent.
22.1. Arbitration
Any claim, controversy, or dispute between users and LubyNet that cannot be resolved amicably will be decided through binding individual arbitration administered by the American Arbitration Association. The arbitration will take place in the user’s county of residence unless otherwise agreed.
22.2. Individual Claims Only
Users and LubyNet agree to bring claims only on an individual basis and not as part of a class or representative action. The arbitrator cannot consolidate claims or preside over a class proceeding.
22.3. Small Claims Court
Users may choose to pursue claims in their local small claims court as long as the matter remains within the jurisdiction of the small claims court and is pursued on an individual basis.
LubyNet is leading mobile finance solution and every FinTech’s first choice. We strives to make transactions easier, faster & more secure.
LubyNet is a registered trademark of Lubynet ISO Inc. Lubynet ISO Inc is ISO partner of United Payment Sysems LLC. Merchant accounts and payment are process by
Esquire Bank – Jericho, NY, Commercial Bank of California – Irvine, CA & Wells Fargo Bank N.A. – Concord CA
