Passthrough Terms of Service Partner Agreement

Version 1.1.0
Last Modified: October 6, 2026
Blind Pay, Inc. ("BlindPay")

This Passthrough Terms of Service Partner Agreement ("Agreement") is entered into between BlindPay and the company that accepts it in the BlindPay dashboard for one of its instances ("Partner"), and supplements the agreements already in place between them. It governs how Partner presents the BlindPay Terms of Service and Privacy Policy (together, the "BlindPay Terms") to its customers ("Customers"), collects their acceptance on behalf of BlindPay, and submits the acceptance data to BlindPay through the BlindPay API.

1. Authority

The person accepting this Agreement represents that they are authorized to bind Partner to it.

2. Presentation

Partner will present the BlindPay Terms to every Customer before that Customer is onboarded to BlindPay by:

  • (a) including in its own terms of service a clause that identifies BlindPay as Partner's payment vendor, links to the BlindPay Terms of Service (https://blindpay.com/terms-of-service) and Privacy Policy (https://blindpay.com/privacy-policy), states that accepting Partner's terms includes accepting the BlindPay Terms for the payment services BlindPay provides, and authorizes Partner to share the Customer's information with BlindPay to provide those services; and
  • (b) displaying, at the point of acceptance, a clear and conspicuous link to the BlindPay Terms next to the affirmative action described in Section 3.

Partner will link to the BlindPay Terms rather than copying, summarizing or modifying them, so that every Customer accepts the current version, and will present them as shown in the link and screenshot Partner provides in the instance settings of the BlindPay dashboard. The partner guide available in the instance settings includes sample wording that satisfies this Section.

Partner will collect an explicit and affirmative action from each Customer, such as an unchecked checkbox or an "I agree" button. Consent will not be pre-selected, bundled with other terms, hidden, or inferred from continued use. Partner will record one acceptance per Customer, will never accept on behalf of a Customer, and will never use scripts, bots or any other automation to generate acceptances.

4. Acceptance data

For each acceptance, Partner will submit data collected directly from the Customer's own device and browser at the moment of the affirmative action:

  • (a) the public IP address from which the Customer's request reached Partner's systems; and
  • (b) the complete and unmodified User-Agent header sent by the Customer's browser.

Partner will not fabricate, estimate, alter, reuse or substitute any of these values, including with data from its own servers, proxies or other Customers, and will submit them to BlindPay immediately after the acceptance, without batching or delaying submissions. BlindPay records the time it receives each submission as the time of the acceptance.

5. BlindPay updates

When BlindPay updates the BlindPay Terms, Partner will display the updated version by the effective date stated in BlindPay's notice, and will collect a new acceptance whenever BlindPay requires it, including through the BlindPay hosted Terms of Service page.

6. Partner changes

Partner will let BlindPay know before changing how the BlindPay Terms are presented, by updating the link and screenshot in the instance settings of the BlindPay dashboard.

7. Records and retention

Partner will keep, for at least five (5) years after the relationship with each Customer ends, or longer where required by law:

  • the version of the BlindPay Terms and of the screen shown to the Customer;
  • the raw request logs evidencing each acceptance, including IP address, User-Agent and timestamp; and
  • the tos_id returned by BlindPay.

8. Audits and cooperation

Upon request, Partner will deliver the records of any acceptance within five (5) business days, will allow BlindPay, its auditors, banking partners and regulators to review its consent flow and records, and will cooperate with any related investigation.

9. Monitoring

Partner acknowledges that BlindPay validates and monitors acceptance data, including by comparing it with data collected during onboarding and across submissions, and that BlindPay may reject any acceptance, flag it for review, or require a new acceptance through the BlindPay hosted Terms of Service page.

10. Data protection

Partner represents that it has given every notice and obtained every consent required under applicable data protection law to collect the acceptance data and share it with BlindPay, and that its privacy notice discloses this sharing.

11. Notice of issues

Partner will notify BlindPay in writing within two (2) business days after becoming aware of any acceptance that was not presented, collected or submitted as required by this Agreement, or of any incident affecting the integrity of acceptance data.

12. Remedies

Any fabricated, altered or improperly collected acceptance data is a material breach of this Agreement. BlindPay may, at its discretion and without liability to Partner:

  • reject or invalidate the affected acceptances;
  • require the affected Customers to accept the BlindPay Terms again;
  • suspend the affected Customers;
  • suspend or revoke passthrough Terms of Service for the affected instances; and
  • terminate the relationship under the agreements between the parties.

13. Indemnity

Partner will indemnify and hold harmless BlindPay, its affiliates, officers, employees and banking partners from any losses, fines, penalties, claims and reasonable costs, including legal fees, arising from a breach of this Agreement by Partner or from any acceptance that Partner failed to present, collect or submit as required.

14. Suspension

BlindPay may suspend passthrough Terms of Service for any instance at any time. Customers will then accept the BlindPay Terms on the BlindPay hosted Terms of Service page.

15. Changes to this Agreement

BlindPay may publish a new version of this Agreement on this page and will notify Partner by email. The new version applies from the effective date stated in the notice, and Partner's continued use of passthrough Terms of Service after that date constitutes acceptance of it.

16. Survival and precedence

Sections 7 (Records and retention), 8 (Audits and cooperation), 11 (Notice of issues), 12 (Remedies) and 13 (Indemnity) survive the termination of this Agreement. This Agreement prevails over the agreements between the parties on its subject matter, and is governed by the same law and dispute resolution terms as those agreements.

17. Electronic acceptance

Partner agrees that accepting this Agreement in the BlindPay dashboard is a valid electronic signature. BlindPay records the version accepted and the date, IP address, browser and user of the acceptance as evidence of it.