Terms of Service

Effective Date: January 1, 2026

These Terms of Service (“Terms”) govern your access to and use of the website, applications, digital tools, Voice AI systems, SMS communications, and related services (collectively, the “Services”) operated by Data One Merchant Services (“DATAONE,” “we,” “us,” or “our”).


By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. Scope of Services

These Terms apply to:

DATAONE’s website

Online forms and applications

Marketing pages and landing pages

Voice AI systems

SMS and email communications

Any content, information, text, graphics, or other materials made available through the Services (“Content”)

These Terms govern website usage only and do not replace or modify any separate Merchant Processing Agreement, ISO agreement, underwriting agreement, or other contractual relationship you may have with DATAONE, an acquiring bank, or a payment processor.

2. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, effective January 1, 2026, which is incorporated by reference into these Terms.

By using the Services, you consent to the data practices described in the Privacy Policy.

3. Eligibility

You must be at least 18 years of age to use the Services. By accessing the Services, you represent and warrant that you meet this requirement.

4. Content on the Services

All Content provided through the Services is for informational purposes only.

While we strive for accuracy, we do not guarantee that:

Content is complete

Content is current

Content is error-free

Content is suitable for your specific business or legal needs

Your reliance on any Content is at your own risk.

We reserve the right to modify or remove Content at any time without notice.

5. No Financial or Legal Advice

Nothing contained on the Services constitutes legal, financial, tax, or investment advice. Merchant processing services are subject to underwriting, approval, and separate agreements with acquiring banks and processors.

You should consult qualified professionals before making business decisions.

6. DATAONE Intellectual Property Rights

All right, title, and interest in and to the Services (excluding user-submitted content) are the exclusive property of DATAONE and its licensors.

The Services are protected by:

U.S. copyright law

Trademark law

Trade secret law

Other applicable intellectual property laws

You may not:

Copy

Reproduce

Modify

Distribute

Reverse engineer

Create derivative works

Use trademarks or branding without written consent

Nothing in these Terms grants you any ownership rights in the Services.

7. User Conduct

You agree not to:

Use the Services for unlawful purposes

Interfere with website security

Attempt unauthorized access

Introduce malware or malicious code

Harvest or scrape data

Misrepresent your identity

We reserve the right to restrict or terminate access for violations.

8. Voice AI Recording Consent

The Services may contain links to third-party websites or services.

We do not control and are not responsible for:

Third-party content

Privacy practices

Terms of use

Security practices

Your interaction with third-party sites is at your own risk.

9. Copyright & DMCA

DATAONE respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA).

If you believe copyrighted material has been improperly used, please submit a written notice including:

Identification of the copyrighted work

Identification of the allegedly infringing material

Your contact information

A statement under penalty of perjury

Your physical or electronic signature

10. Services Provided “AS IS”

The Services are provided on an “AS IS” and “AS AVAILABLE” basis.

To the fullest extent permitted by law, DATAONE:

Disclaims all warranties, express or implied

Disclaims warranties of merchantability and fitness for a particular purpose

Does not guarantee uninterrupted access

Does not guarantee error-free operation

Does not guarantee security against cyber threats

We are not responsible for:

Loss of data

Website downtime

Business interruption

Device damage

Reliance on website content

11. Limitation of Liability

To the fullest extent permitted by law:

DATAONE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Lost profits

Loss of revenue

Loss of business opportunity

Loss of goodwill

In no event shall DATAONE’s total liability exceed one hundred dollars ($100) or the amount paid by you for access to the Services (if any), whichever is greater.

Some jurisdictions do not allow certain limitations; therefore, portions of this section may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless DATAONE and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

Your violation of these Terms

Your misuse of the Services

Your violation of any law or third-party rights

13. Termination

We may suspend or terminate access to the Services at any time, with or without notice, if:

You violate these Terms

Required by law

Necessary to protect our rights or operations

Termination does not affect separate contractual agreements.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Palm Beach County, Florida, except that either party may seek injunctive relief in a court of competent jurisdiction.

You waive the right to participate in any class action lawsuit or class-wide arbitration.

15. Entire Agreement

These Terms constitute the entire agreement regarding use of the Services and supersede prior agreements related to website access.

These Terms do not modify any separate Merchant Processing Agreement or other contractual arrangement.

16. Changes to These Terms

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in Palm Beach County, Florida, except that either party may seek injunctive relief in a court of competent jurisdiction.

17. Contact Information

Data One Merchant Services
3801 PGA Blvd, Suite 600
Palm Beach Gardens, FL 33410
Email: support@dataonems.com
Phone: 1-800-818-0420