Nexus Pay, LLC Legal Information and Disclosures

This document provides legal information and required disclosures for visitors, users, and merchants interacting with Nexus Pay, LLC. It is designed to ensure transparency, protect your privacy, and clarify the rights and responsibilities of both parties in accordance with Colorado law and industry best practices.

Trademark, Intellectual Property, and Definitions

A. Trademark Ownership

"Nexus Pay™ and all associated logos, graphics, website design elements, taglines, and any artwork (including but not limited to digital or crypto art) are registered and unregistered trademarks and intellectual property exclusively owned by Nexus Pay, LLC. Unauthorized use, duplication, reproduction, or distribution of these assets is strictly prohibited and will be subject to civil and criminal penalties to the fullest extent of the law."

B. Definitions of Terms

"For the purposes of these legal pages, the terms 'we,' 'our,' and 'us' refer to Nexus Pay, LLC and its authorized representatives. 'You,' 'your,' 'user,' 'visitor,' and 'merchant' refer to any individual or entity accessing this website or engaging with services provided by Nexus Pay, LLC. These definitions apply universally across all website content, legal notices, and agreements."

C. Ownership of Digital Assets

"All digital content displayed, including crypto art, NFTs, graphics, code, and other intellectual property presented or offered through this website, remains the sole and exclusive property of Nexus Pay, LLC unless explicitly stated otherwise in a written agreement. No rights, title, or interest are transferred to users or merchants by virtue of viewing, interacting with, or purchasing any such assets, except where expressly provided in the applicable agreement or terms of sale."

1. Terms of Service (The Liability Shield)

Our Terms of Service are designed to define Nexus Pay, LLC as your trusted marketing and referral partner, clarifying our role in connecting you to reliable payment processing solutions while ensuring your rights and our responsibilities are clearly understood.

A. Unilateral Right to Refuse Service & Indemnification

Clause: "Nexus Pay, LLC retains the unqualified, unilateral authority to decline any merchant application, refuse referral services, or terminate communication with any prospective client at its sole discretion, without notice or requirement to show cause. By submitting information to this site, the Applicant acknowledges that Nexus Pay, LLC is under no obligation to procure merchant services on their behalf. The Applicant hereby waives any and all claims, including those for lost profits or business interruption, arising from such refusal or the inability to secure processing capabilities."

B. Prohibited Use & Security Representation

Clause: "Access to this website is granted strictly for the purpose of inquiring about legitimate merchant services. By accessing this site, the Visitor warrants they are not acting on behalf of a competitor for data mining, benchmarking, or competitive intelligence purposes. Any unauthorized use—including but not limited to web scraping, reverse engineering, or the submission of fraudulent credentials—constitutes a violation of the Computer Fraud and Abuse Act. Nexus Pay, LLC reserves the right to report any suspected fraudulent activity or malicious intent to the Colorado Attorney General and relevant federal authorities."

C. The Intermediary Disclaimer (The "Not a Bank" Defense)

Clause: "Nexus Pay, LLC operates exclusively as an independent sales agent and referral partner. We are not a bank, money transmitter, or direct payment processor. We do not hold, transfer, or settle funds. All transaction processing, settlement, and funds transfer services are performed exclusively by third-party financial institutions and licensed payment processors. Nexus Pay, LLC expressly disclaims any liability for financial errors, funding delays, account freezes, or service interruptions caused by the underlying Processor or Sponsor Bank. The Merchant’s agreement for processing services is strictly between the Merchant and the Processor/Bank."

2. Privacy Policy (Colorado Privacy Act Compliance)

This section explains how Nexus Pay, LLC manages the collection and handling of sensitive data in compliance with Colorado 2026 data privacy standards.

A. Data Collection & Transfer Disclosure

Clause: "We collect sensitive personal and business data (including Tax ID/EIN, Social Security Numbers of beneficial owners, and processing volumes) solely for the purpose of facilitating your application for a merchant account. You explicitly acknowledge and consent that this data is not retained in perpetuity by Nexus Pay, LLC but is immediately transmitted to our third-party processing partners and Sponsor Banks for underwriting purposes. Once transmitted, your data is subject to the privacy policies and security protocols of those financial institutions."

B. Third-Party Sharing & Sale of Data (CPA Mandate)

Clause: "We do not sell your personal data to unaffiliated third parties for marketing purposes. However, under the definitions of the Colorado Privacy Act (CPA), the transfer of your application data to potential processors for the purpose of securing a quote may be classified as 'sharing.' We limit this sharing strictly to necessary financial partners required to approve your merchant account."

C. Colorado Resident Opt-Out Rights

Clause: "Pursuant to the Colorado Privacy Act, Colorado residents possess the right to opt out of the processing of personal data for the purposes of targeted advertising or the sale of personal data. To exercise this right, or to request a record of the specific third-party processors to whom your application data was forwarded, please submit a verifiable consumer request to our Data Protection Officer at [Insert Email]."

3. Mandatory Compliance Disclosures

This section describes our compliance with federal and Colorado state regulations on pricing transparency, including Colorado HB 25-1090.

A. The "Program Manager" Regulatory Footer

This must appear on every page, typically in the footer. It satisfies the requirement to identify the chain of responsibility.

"Nexus Pay, LLC is a registered Independent Sales Organization (ISO) / MSP agent of [Name of Big ISO], which is a registered ISO/MSP of [Name of Sponsor Bank], [City, State]. FDIC Insured."

B. Colorado Price Transparency Statement (HB 25-1090 Compliant)

Effective January 1, 2026, "teaser rates" that hide mandatory fees are illegal in Colorado. Use this disclosure near any pricing tables.

"Pricing & Fee Transparency: All rates displayed on this website (e.g., 'Starting at X%') represent the base interchange or qualified rate. Final pricing is contingent upon merchant category code (MCC), processing volume, and risk assessment. Please note that your merchant agreement may include mandatory third-party fees, including but not limited to: Card Brand Network Fees, PCI Compliance Fees (approx. $X/mo), and Monthly Statement Fees (approx. $X/mo). A comprehensive Fee Schedule detailing all mandatory charges will be provided prior to the execution of any merchant agreement, in full compliance with Colorado HB 25-1090."

C. Electronic Signature (E-Sign) & Digital Consent

Clause: "By clicking 'Apply', 'Submit', or 'Get a Quote', you affirmatively consent to conduct business electronically. You agree that all legal disclosures, merchant agreements, and underwriting documents provided to you electronically satisfy any legal requirement that such communications be in writing. You agree to the use of electronic signatures, which shall have the same legal validity and enforceability as a manual signature."

4. Summary of Protective Architecture

Page / Section

Ironclad Feature

Legal Function

Terms of Service

Intermediary Disclaimer

Isolates the agent from lawsuits regarding held funds or frozen accounts.

Terms of Service

Unilateral Refusal

Prevents claims of discrimination or lost business if you decline a high-risk merchant.

Privacy Policy

Data Transfer Clause

Clarifies that you are a conduit for data, not the final vault, shifting data breach liability to the bank.

Footer

ISO/MSP Disclosure

Satisfies Card Brand (Visa/Mastercard) and Bank rules to avoid immediate site takedown.

Pricing Page

HB 25-1090 Statement

Prevents state fines for "deceptive advertising" regarding hidden mandatory fees.

IP/Trademark Section

Trademark & IP Ownership

Provides clear protection for the company’s brand, digital assets, and clarifies definitions for all web interactions.