Terms of service · Torvyn

• The service is for businesses in the United States. It is not for personal or household use.
• The person who accepts these terms confirms that they are 18 or older and may agree to them for the business.
• You agree that we may give you notices and agreements electronically, in arcOP and by email, and that an agreement you accept in arcOP with your typed name binds your business.

• arcOP: our app and your online account, where you order Card Readers, set prices, see your sales and manage your locations, people and venues.
• Card Readers that let players pay by card on your machines. Each one runs our software and carries our cellular SIM.
• A monthly subscription for each Card Reader, which includes its cellular connection and the use of arcOP.
• Help through the chat in arcOP and at support@torvyntech.com.
• You install Card Readers yourself. We do not install them. Our help pages show how.
• We also sell ArcaMaster game card systems, by quote. A system is sold under its quote's terms. These terms cover Card Readers and arcOP, and our Warranty and Shipping pages apply where they name game card systems.

• Use Card Readers only on amusement and vending machines: claw and crane machines, kiddie rides, arcade and redemption games, token or game card machines that sell play for them, and vending machines.
• Never use a Card Reader on a gambling device, a sweepstakes machine, an 8-liner, a skill game, a fish table, or any machine that pays out cash or prizes that work like cash.
• Following the law where your machines are is your job: licenses and permits, prize rules and limits, amusement and occupation taxes, and any local rules for your machines and locations. We do not check whether your machines or locations follow the law.
• If a Card Reader is used in a way these terms do not allow, we may stop the service for that reader or for your whole account.

• To take card payments, you open a merchant account with our payment processing partner and keep it in good standing. A Card Reader order ships only after your bank is linked and the partner has approved your account.
• You are the merchant for every sale on your Card Readers. Your merchant agreement with the partner covers card processing, deposits, the partner's own fees and chargebacks. The partner pays your card sales into your bank. We do not hold your card sales.
• Deposit figures in arcOP are estimates built from your readers' records. What the partner actually deposits can differ.
• Refunds and disputes from players are yours to handle as the merchant, through arcOP and the partner's process. Chargebacks go to you.
• Show players how to reach you about a charge, for example with your business name and phone number on the machine. If a player contacts us, we will tell them to contact the operator of the machine.
• You set your play prices. Follow the card networks' rules and the law on pricing. Never present a card price as a card fee or a surcharge. If coins or cash cost less, present that as a discount off the card price.

• Keep your sign-in codes private. You are responsible for what happens in your account.
• You decide who joins your account and what each person may do there. You are responsible for what they do, for telling them how their details are used, and for having their permission to give us their name, email and mobile number.
• When you invite a venue owner to see a location, you confirm that they expect the invite and that you may give us their name and email.
• Your deal with a venue owner (the share, the schedule and anything else) is between you and them. We are not a party to it.

• Each Card Reader on your account has a monthly subscription. Its price depends on how many Card Readers are counted at its location (see the Fees page). A leased Card Reader has no separate subscription, because the lease price covers it.
• A Card Reader's subscription starts at its first card sale, or 30 days after delivery if it never takes one.
• Every Card Reader on your account is billed every month, on or off, until it moves to another account or, on a Route Operator account, is put on hold in your warehouse at the hold price.
• A Card Reader that has not reported for 30 days stops counting toward its location's price tier until it reports again, but it is still billed. We warn you 5 days before it would stop counting.
• We bill once a month, a month ahead, on your account's billing day the 1st or the 15th of the month, Central time. There are no part months, and we do not refund the rest of a month when a Card Reader stops.
• We draw what you owe from the bank account or card you keep on file with us. Before every automatic draw we send you an invoice that shows what it is for, one day before the money is drawn.
• You authorize these draws, including the charges that these terms, the Warranty, the Returns page and the Fees page describe for returns, unreturned readers and leases.
• Order prices are card prices. Paying by bank is 3% off everything paid at checkout. Monthly bills are not discounted.
• Prices do not include sales tax. Where tax applies, we add it.
• If a payment fails, nothing switches off by itself. The unpaid amount, and any fee our bank or payments provider charges us for the failed payment, go on your next bill as their own lines, and you can pay at once with Pay now. We do not charge late fees.
• Our prices can change. An order keeps the prices it was placed with, and a lease keeps its monthly price for its term. We tell you by email and in arcOP at least 30 days before a new monthly price applies to you.
• If an order is placed at a price that is clearly a mistake, we may cancel it and refund everything paid.

• If an amount stays unpaid, we may pause the service for your Card Readers, for example by pausing their cellular connection, after warning you in arcOP and by email. A pause is a decision a person makes, never an automatic one, and it lifts once the past-due amount is paid. A paused Card Reader cannot take card payments.
• For leases, the lease rules below say when a pause can happen. Outside leases, a pause can happen only after 3 missed payments in a row, and 3 days after we warned you.

• Each Card Reader is set up for our service and for your merchant account with our payment processing partner. It takes card payments only while its subscription or lease is active and your merchant account is open.
• The cellular SIM in each Card Reader is ours. Use it only for that reader's connection to our service.
• We may update the software on your Card Readers and in arcOP at any time, to fix problems, add features and keep them secure.
• Do not open, change or tamper with a Card Reader. Keep your readers safe from tampering, and tell us at once if one is lost, stolen or looks tampered with.

Each of these needs one approval from us and an agreement you sign in arcOP. The signed agreement governs that order, and these terms cover the rest. The amounts are on the Fees page. Leases and swaps are for Route Operator accounts only.

Financing

• You may be paying off up to 10 financed Card Readers at a time. We may pause new financing at any time; financed orders already placed carry on.
• There is no down payment. Financed orders always pay shipping.
• A financed Card Reader is paid off from 50% of its card sales, drawn from your bank account twice a month for the first three months, then monthly, until the financed amount is paid.
• You may pay off the rest early, in full.
• If you stop using a financed Card Reader within three months, you pay a fee of $50.00 and send the reader back on a return label you buy through us. If you cannot place it at a location, we can set up three monthly payments for the rest. After that window, a financed Card Reader cannot be handed back, and its balance stays on its schedule until paid. Unpaid balances may be sent to collections.

Leases

• A lease runs 12 months from delivery. Leased Card Readers stay ours. A leased reader may be new, or a used reader we have checked.
• You pay $22.00 for each leased Card Reader every month, and that covers its subscription. A deposit of 1 month(s) of the lease price is charged when we approve the lease and pays for the last month(s). Lease shipping is free.
• You may have up to 10 Card Readers on leases at once.
• From 60 days before the term ends, you choose for each reader: renew for another term at that time's lease price, with no new deposit; buy it for $195, after which it is yours and moves to the normal monthly subscription; or send it back. We remind you when the choices open, and again 7 days before the end if you have not chosen. If you choose nothing, the reader comes back to us.
• A reader that is coming back must reach us within 30 days after the term ends. You buy the return label through us. If it does not come back, we may charge you an amount not set yet for it.
• Missed lease payments follow the billing rules above. After 3 missed payments in a row, with one still unpaid, we may, by a person's decision with a reason and never automatically: send the account to collections; end the lease early, with the readers due back within the return window or the replacement charge; or pause the readers once 3 days have passed since we warned you.
• You cannot end a lease early, except by buying the reader at the buyout price. If we end a lease for missed payments, what was already billed stays owed, and the reader comes back to us or the replacement charge applies. You buy return labels through us.
• You are responsible for a leased Card Reader from delivery until it is back with us, including loss, theft and damage.

Swaps

• We swap your Nayax or Kiosoft card reader for one of ours, one for one, at no charge and with no shipping cost to you. Swaps never ship expedited. We pay Nayax's transfer fee; Kiosoft has none.
• You may swap up to 3 readers in any 6 months, both brands together. Ask us if you need more.
• Our reader ships first, with a return label and the steps in the box. Once it arrives, you take the old reader off, upload a photo of its serial number in arcOP, and then either have the Kiosoft reader factory reset and checked with us on a call, or transfer the Nayax reader to our Nayax account. Then you ship the old reader to us on our label.
• You confirm that you own the old reader outright and may transfer it, and that you will settle your own contract and any balance with Nayax or Kiosoft. Nayax asks for any balance owed to it to be settled before a transfer, and some Nayax models cannot be transferred. Once it is transferred to us, the old reader is ours.
• The old reader must reach us within 30 days, counting your own days from when our reader is delivered. Days spent waiting on us or on a transfer do not count, up to 21 days. We remind you on day 14 and on day 25. If it has not come back by its due day, we may charge you an amount not set yet for it.
• We may pause new swaps for either brand at any time. A swap you already submitted carries on.
• Nayax and Kiosoft are other companies' names. We are not connected with them.

• We send messages about your account, orders and Card Readers by push notification, email and text.
• When you give us your mobile number, you agree that we may text you codes and messages about your account, orders and Card Readers. Marketing texts, such as sign-up reminders, go only to people who tick the box agreeing to them. Our Text messaging terms explain our texts, and you can reply STOP at any time.
• Every marketing email has a link to stop them.

• Our Privacy policy explains what we collect and how we use it.
• We may combine information from your account and Card Readers with other customers' information, in a form that does not identify you or any person, and use it to run and improve the service, for example to show benchmarks.

• We work to keep the service running, but Card Readers, cellular networks, our payment processing partner, the internet and our own systems can fail. We are not responsible for lost plays, sales or profits, or any other loss, while any of them is down or not working.
• We are not responsible for indirect losses, such as lost business or lost profits, however they arise.
• Our total responsibility for all claims about the service is limited to the amounts you paid us in the 12 months before the claim.
• Where the law does not allow a limit in these terms, that limit applies only as far as the law allows.

• You will defend us against, and pay for, any claim and our reasonable costs, including lawyers' fees, that come from your machines, your locations, your deals with venue owners, your prices and prizes, your players' refunds and disputes, or your breaking these terms or the law.

• When we change these terms, we tell you by email and in arcOP at least 30 days before the change takes effect, post the new version with its date, and ask you to accept it in arcOP before you keep using the service. Each order records the version of our terms it was placed under.

• The subscription runs month to month. You may end the service for a Card Reader, or for your whole account, by telling us through the chat in arcOP or at support@torvyntech.com.
• A Card Reader you send back within our return window, or under our Warranty, follows those pages instead.
• Otherwise, ending the service for a Card Reader costs $25.00. We pause its cellular connection, it stops taking card payments, and it stays on our records as ended on your account. It can work again only after it has been sent back to us.
• We may offer to buy a Card Reader back instead. Any buyback amount is agreed with you at the time.
• Charges already billed are not refunded. Financed balances stay on their schedule until paid. Leased readers come back under the lease rules, and swap returns still apply.
• We may suspend or end your service if you break these terms, for example by using a Card Reader on a machine these terms do not allow. A suspended account cannot place orders.

• Texas law governs these terms. Any dispute about them or the service is heard in the state courts of Ellis County, Texas, or the United States District Court for the Northern District of Texas, and you and we agree to those courts. Either of us may bring a claim in small claims court where it qualifies.

• These terms, the pages they name and any agreement you sign in arcOP are our whole agreement. If a financing, lease or swap agreement you signed says something different about that order, the agreement wins.
• If part of these terms cannot be enforced, the rest still applies.

support@torvyntech.com · ArcaMaster TX USA LLC (Torvyn), 180 S Western Ave, Juneau, WI 53039