Terms of Service

Cybin Enterprises acts solely as an independent payment-solutions consultant and broker. Our role is to learn about your business, provide consultation, and introduce or match you with third-party payment processors and acquiring banks that may be able to serve your needs.

Cybin is NOT a bank, lender, credit union, payment processor, payment facilitator, acquirer, or money transmitter. We do not open merchant accounts ourselves, we do not underwrite or approve applications, we do not set your rates or fees, and we do not hold, transmit, settle, or process any payments or funds on your behalf.

Any merchant account, processing agreement, rate, or approval is provided by and is the sole responsibility of the third-party processor or acquiring bank you ultimately contract with. Your relationship with any such provider is governed by that provider's own agreements, terms, and policies — not by these Terms.

By accessing or using the Services — including browsing our website, completing our application quiz, submitting a consultation request, or uploading documents to our secure portal — you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

If you are using the Services on behalf of a business or other legal entity, you represent that you are authorized to accept these Terms on that entity's behalf, and "you" refers to both you individually and that entity.

If you do not agree to these Terms, you must not access or use the Services.

Cybin provides payment-solutions consulting and brokerage. This is what we do and do not do:

• What we do: We gather information about your business, review your payment needs and current setup, provide consultation and recommendations, and introduce or match you with third-party payment processors and acquiring banks that we believe may be a fit. With your consent, we share your application information with those providers to facilitate introductions and underwriting review.
• What we do NOT do: We do not process payments, hold or transfer funds, open merchant accounts, underwrite applications, or make approval decisions. We do not guarantee that any processor or bank will approve you, offer you any particular rate, or work with your business.
• Free to you: Our consultation and matching services are free to the merchant. We are compensated by our processor partners when a merchant we introduce is successfully onboarded (see "Fees and Compensation" below).
• No outcome promised: Introductions and recommendations are informational. Whether you are approved, and on what terms, is determined solely by the third-party processor or bank.

To use the Services, you represent and warrant that:

• You are at least 18 years of age. The Services are intended for businesses and business owners, not consumers or minors.
• You have the legal authority to enter into these Terms, either for yourself or on behalf of the business you represent.
• All information you provide is true, accurate, current, and complete, and you will keep it updated.
• You are using the Services in connection with a lawful business and lawful purpose, and your business complies with all applicable laws and regulations.

When you use the Services, you agree that you will:

• Provide accurate, truthful, and complete information in your application, quiz responses, and any documents you upload, and promptly correct any information that changes or becomes inaccurate.
• Only submit documents and information that you are authorized to share, and not upload anything that infringes the rights of others or violates any law.
• Keep any access credentials to the secure portal confidential and use the portal only for your own legitimate application.
• Use the Services only for lawful purposes and not to engage in fraud, misrepresentation, or any prohibited or high-risk activity that violates applicable law.
• Understand that you are responsible for independently reviewing and deciding whether to enter into any agreement with a third-party processor or bank we introduce.

Cybin works to connect you with payment processors and acquiring banks that may fit your business, but we cannot and do not guarantee any particular outcome.

We do not guarantee that you will be approved for a merchant account, that any processor or bank will offer you service, or that you will receive any specific rate, fee, pricing, term, or timeline. Approval decisions, pricing, and processing terms are made solely by the third-party processor or bank, based on their own underwriting criteria.

Any information, recommendation, or estimate we provide is for general informational purposes and does not constitute a promise, warranty, or binding offer. Business, financial, and regulatory conditions change, and results vary by business.

Our consultation and matching services are free to you, the merchant. You do not pay Cybin a fee to use the Services or to be introduced to a processor or bank.

Cybin is compensated by its processor and bank partners. When a merchant we introduce is successfully onboarded with a partner, that partner pays Cybin. This compensation is paid by the partner, not by you, and it does not add a separate charge from Cybin to your account.

Separately, the third-party processor or acquiring bank you ultimately contract with will charge you its own processing fees, rates, and any account fees. Those charges are set by, disclosed by, and payable to that provider under its own agreement with you — Cybin does not set or control them.

By submitting an application, consultation request, or contact form, you agree that Cybin — and the payment processors and acquiring banks we introduce you to — may contact you about your request and your inquiry by telephone, SMS/text message, and email, including at the phone number and email address you provide.

Message and data rates may apply to calls and texts. Message frequency may vary. Your consent to receive marketing text messages is not a condition of using the Services or of any purchase.

You may opt out of these communications at any time — reply STOP to text messages to stop marketing texts, use the unsubscribe link in any marketing email, or contact us using the details in the "Contact Us" section. Even if you opt out of marketing messages, we may still send you transactional or service messages related to an active request or account.

By using the Services, you consent to receive communications from us electronically, including by email and through the website or portal. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

To access and retain electronic communications, you will need a device with internet access, a current web browser, and a valid email address. You may withdraw this consent, but doing so may limit your ability to use certain features of the Services.

The Services rely on third-party providers, and your application information is shared with the payment processors and acquiring banks we introduce you to, with your consent, to facilitate introductions and underwriting. Our Privacy Policy describes the third parties we use and how information is shared. Cybin does not sell or rent your personal information.

The service providers that help operate our Services include:

• Supabase — encrypted database and document storage.
• Vercel — website hosting and serverless functions.
• Cloudflare — content delivery network and edge services.
• Upstash — Redis used for rate limiting and abuse prevention.
• Resend — delivery of transactional and marketing email (delivered over Amazon SES).
• Google Analytics 4 — aggregate website usage analytics; sets cookies on our public marketing pages.
• Microsoft Clarity — product analytics that records website sessions and interactions and builds heatmaps to help us improve the site; sets cookies on our public marketing pages.
• OpenStreetMap / Nominatim — address autocomplete on the application form; the address text you type is sent to look up matching addresses.
• Payment processors and acquiring banks — the third parties your application information is shared with, with your consent, to facilitate introductions and underwriting.

Third-party processors, acquiring banks, and service providers operate under their own terms and privacy policies, which govern your relationship with them. Cybin is not responsible for the acts, omissions, products, services, decisions, or content of any third party, and being introduced to a provider is not an endorsement or guarantee of that provider.

Any contract you enter into for a merchant account or processing services is between you and that third-party provider. You should review their agreements carefully before signing.

We take reasonable, industry-standard measures designed to protect the information you provide. Information is transmitted over encrypted connections (TLS), and the most sensitive financial fields you submit — your EIN and bank routing and account numbers — are encrypted at the field level at rest using AES-256-GCM encryption. We also use access controls and scan uploaded documents for viruses.

No method of transmitting or storing information is completely secure, and we cannot guarantee absolute security. You are responsible for keeping any portal access credentials confidential and for the security of the device and connection you use to reach the Services.

The website and its content — including text, graphics, logos, designs, layout, software, and other materials — are owned by Cybin Enterprises or its licensors and are protected by intellectual property laws. The "Cybin Enterprises" name and related marks are our property.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the website for your own legitimate, non-commercial evaluation of our Services. You may not copy, reproduce, republish, distribute, modify, or create derivative works from our content without our prior written permission.

You may not scrape, crawl, harvest, data-mine, reverse engineer, or use automated means to access or extract content or data from the Services, nor use the Services in any way that could damage, disable, overburden, or impair them or interfere with any other party's use.

To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any particular result will be achieved.

To the fullest extent permitted by law, Cybin Enterprises and its owners, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to your use of (or inability to use) the Services or your dealings with any third-party processor or bank, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, Cybin's total aggregate liability arising out of or relating to these Terms or the Services will not exceed one hundred U.S. dollars (US $100). Because our consultation and matching services are provided to you free of charge, this limitation reflects the allocation of risk between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify, defend, and hold harmless Cybin Enterprises and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) information or documents you submit, including any inaccurate, incomplete, or unauthorized information; (c) your violation of these Terms or of any applicable law; or (d) your dealings or agreements with any third-party processor or acquiring bank.

You may stop using the Services at any time. You may also request deletion of your application and information as described in our Privacy Policy; in the ordinary course, application submissions and their data (including uploaded documents) are automatically deleted approximately 90 days after submission.

We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, provided false information, or used the Services unlawfully, or for any other reason at our discretion.

Provisions that by their nature should survive termination — including Intellectual Property, Data Security, Limitation of Liability, Indemnification, and Governing Law and Venue — will survive.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the Commonwealth of Pennsylvania, USA, without regard to its conflict-of-laws rules.

You agree that the exclusive venue for any dispute that is not otherwise subject to a separate agreement will be the state or federal courts located in Allegheny County, Pennsylvania, and you consent to the personal jurisdiction of those courts.

We may update these Terms from time to time. When we do, we will revise the "Effective Date" at the top of these Terms and post the updated version on our website. Material changes may be communicated through the Services or by email where appropriate.

Your continued use of the Services after an update takes effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Services.

If you have questions about these Terms or the Services, please contact us:

Cybin Enterprises

3202 McKnight East Dr, PMB 317, Pittsburgh, PA 15237, USA

[email protected]

+1-412-218-3006