Last updated: August 2026 | Kind Base Inc DBA Foodli
This Payment Services Agreement (“Agreement”) is entered into between Kind Base, Inc. doing business as Foodli (“Provider” or “Foodli”) and the merchant or business entity that has agreed to Foodli’s Terms of Service (“Merchant” or “you”). This Agreement governs your receipt of payment processing services (“Payment Services”) facilitated by Foodli through one or more acquiring banks and payment processors (“Acquirers”) selected by Provider at its sole discretion. Foodli selects the appropriate payment processor based on your business type, hardware requirements, and compatibility. Processor-specific terms will be disclosed to you during onboarding and incorporated into this Agreement by reference.
The Payment Services described in this Agreement are separate from the software and platform services provided by Foodli under the Terms of Service.
Merchant agrees to participate in payment card association programs in compliance with all applicable by-laws, operating regulations, rules, policies, and procedures of Visa, Mastercard, Discover, American Express, and any other applicable card networks or associations (collectively, “Operating Regulations”). Merchant also agrees to comply with all applicable federal, state, and local laws, including the Payment Card Industry Data Security Standard (PCI-DSS), the USA PATRIOT Act, and all other applicable laws governing payment card transactions.
Merchant shall only complete transactions produced as the direct result of bona fide sales or services provided by Merchant to cardholders, and is expressly prohibited from processing, factoring, laundering, or presenting transactions on behalf of any other person or entity.
Merchant must not:
Depending on the payment processing arrangement selected by Foodli for your account, settlement may occur as follows:
Where Merchant holds a direct relationship with the Acquirer, funds from card transactions will be settled directly to Merchant’s designated bank account in accordance with the Acquirer’s settlement schedule and terms. Any disputes regarding settlement must be directed to the Acquirer.
Where Foodli facilitates the processing arrangement on Merchant’s behalf (such as through a platform or aggregated processing model), Acquirers will deposit funds to a Provider-designated account. Provider will then remit funds to Merchant, net of all applicable fees, chargebacks, reserves, and amounts owed to Provider, not later than 30 days after the end of the calendar month in which the transactions were processed, unless a different schedule is specified in Merchant’s account settings. Provider may withhold remittance if the total amounts to be remitted are less than $25; such amounts will accumulate and be remitted when the threshold is reached. Provider may place funds on hold, maintain reserves, or delay payouts as required by the Acquirer, card networks, or applicable law, or if Provider reasonably believes fraudulent or prohibited activity has occurred.
In either case, Foodli is not liable for payout delays caused by Acquirers, card networks, banking intermediaries, or compliance reviews. Merchant must maintain a valid bank account on file at all times.
Merchant agrees to pay all service fees, processing fees, taxes, and other charges as specified in the applicable service agreement. Merchant authorizes Foodli to deduct from settlement funds or debit Merchant’s ACH account on file for: (a) monthly service fees and setup fees; (b) chargeback amounts, associated fees, and penalties; (c) refunds issued to cardholders; (d) amounts owed under any indemnification obligation; and (e) any other amounts Merchant owes to Foodli under the Terms of Service or this Agreement.
If a cardholder disputes a transaction processed through the platform, Merchant agrees to provide all documentation and assistance requested by Foodli or the Acquirer to resolve the dispute within the required timeframes. Merchant is solely responsible for the amount of any chargeback, associated fees, and any penalties imposed by Acquirers or card networks. If amounts withheld from settlements are insufficient to cover Merchant’s obligations, Merchant agrees to pay such amounts on demand, including Foodli’s attorneys’ fees and collection costs.
This Agreement becomes effective when Merchant accepts the Terms of Service and is accepted for payment processing by the applicable Acquirer (evidenced by the issuance of a merchant identification number). It terminates when Foodli’s Terms of Service with Merchant terminates.
Foodli or the Acquirer may immediately terminate this Agreement without notice if: (a) Merchant fails to pay amounts when due; (b) Provider or Acquirer believes continued service may violate Operating Regulations or applicable law; (c) Merchant engages in fraudulent or prohibited activity; or (d) required by any card network.
Upon termination, the provisions of Section 4 (Fees and Deductions) continue to apply until all outstanding amounts are satisfied. Foodli may hold a post-termination reserve for up to 180 days.
Merchant shall indemnify and hold harmless Foodli, Acquirers, and their directors, officers, employees, affiliates, and agents from and against all claims, losses, liabilities, damages, and expenses (including attorneys’ fees) arising from: (a) Merchant’s use of the Payment Services or platform; (b) Merchant’s or its agents’ acts or omissions; (c) any data breach, hack, or security incident related to Merchant’s systems or use of the Services; (d) any dispute with a cardholder or customer; or (e) Merchant’s violation of Operating Regulations or applicable law.
Merchant must notify Foodli in writing within 30 days of any alleged failure or error; failure to do so constitutes a waiver of any related claim.
Merchant acknowledges that:
Foodli facilitates payment processing through one or more third-party payment processors and acquiring banks selected at Foodli’s sole discretion. The terms and conditions of the selected payment processor(s) govern the processing relationship and are incorporated into this Agreement by reference. Merchant may be required to execute a separate agreement directly with the applicable payment processor. Foodli reserves the right to change or add payment processors at its discretion, with reasonable notice to Merchant. Processor-specific terms, fees, and any required agreements will be disclosed to Merchant during or after onboarding.
This Agreement is governed by the laws of the State of Washington and applicable federal law. Disputes are subject to the arbitration and dispute resolution provisions in Foodli’s Terms of Service.