PayGunner - Firearm Friendly Payment Processing
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Terms of Service

Effective Date: January 1, 2025
Last Updated: January 1, 2025
IMPORTANT: These Terms of Service constitute a legally binding agreement between you and PayGunner, LLC. By accessing or using our services, you agree to be bound by these terms. If you do not agree to these terms, you may not use our services.

1. Acceptance of Terms

By creating an account, accessing, or using PayGunner's payment processing services (the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms apply to all users of the Services, including individual consumers and business entities.

2. Definitions

"Account" means the PayGunner account you create to access and use the Services.

"User," "you," and "your" refer to the individual or entity using the Services.

"PayGunner," "we," "us," and "our" refer to PayGunner, LLC and its affiliates.

"Transaction" means any transfer of funds facilitated through the Services.

"USDC" means USD Coin, a stablecoin issued by Circle Internet Financial, LLC.

3. Eligibility and Account Registration

3.1 Age and Legal Capacity

You must be at least 18 years of age and have the legal capacity to enter into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

3.3 Identity Verification

We reserve the right to require identity verification at any time. You agree to provide government-issued identification, proof of address, Social Security Number, and any other information we reasonably request to verify your identity and comply with applicable laws, including anti-money laundering (AML) and know-your-customer (KYC) requirements.

3.4 Prohibited Jurisdictions

The Services are not available to residents of jurisdictions where such services would be illegal or require licenses we do not possess. You represent that you are not located in, under the control of, or a national or resident of any such jurisdiction.

4. Services Description

4.1 Payment Processing

PayGunner provides electronic payment processing services using an internal ledger system backed 1:1 by USDC (USD Coin) reserves. Your account balance is tracked in our secure internal ledger, and all user funds are backed by USDC held in our reserve pool. Internal transfers between PayGunner users are instant and free (database-only transactions), while deposits and withdrawals involve traditional payment processors.

4.2 Supported Transaction Types

  • Deposits: Adding funds to your PayGunner account via manual ACH bank transfer (free, 2-3 business days) or credit/debit card (instant, 3.5% + $0.50 fee)
  • Internal Transfers: Sending funds to other PayGunner users via email address (instant and FREE - database ledger update only)
  • Withdrawals: Transferring funds from your PayGunner account to your bank account via ACH (free, 2-3 business days)

4.3 Internal Ledger System

Your PayGunner balance is maintained in our internal ledger database. All user balances are backed 1:1 by USDC held in our reserve pool. When you send money to another PayGunner user, we simply update both users' balances in our ledger - no money leaves the reserve pool, which is why transfers are instant and free.

4.4 USDC Reserve Pool

We maintain 100% backing at all times. For every dollar you deposit, we hold one dollar of USDC in our reserve pool. USDC is a regulated stablecoin issued by Circle, backed 1:1 by US dollars held at regulated financial institutions, with monthly attestation reports by Grant Thornton LLP.

4.3 Payment Method Disclaimer

PayGunner is a payment processing service only. We do not sell, transfer, ship, store, or handle firearms, ammunition, or any physical goods. Users are solely responsible for ensuring the legality of their transactions.

5. Fees and Charges

5.1 Fee Schedule

Our current fee schedule is available at paygunner.com/fees and is incorporated into these Terms by reference. Fees include:

  • Manual ACH Bank Deposits: FREE (2-3 business days for admin verification)
  • Credit/Debit Card Deposits: 3.5% + $0.50 (instant credit to your balance)
  • Internal Transfers (PayGunner to PayGunner): FREE (instant ledger update)
  • Bank Withdrawals: FREE (2-3 business days via ACH)

5.2 Fee Changes

We reserve the right to modify our fees upon thirty (30) days' notice. Continued use of the Services after fee changes constitutes acceptance of the new fee structure.

5.3 Third-Party Fees

You are responsible for any fees charged by your bank, card issuer, or other third parties in connection with your use of the Services.

6. Prohibited Activities

You agree not to use the Services for any unlawful purpose or in violation of these Terms. Prohibited activities include, but are not limited to:

6.1 Illegal Transactions

  • Transactions involving illegal firearms, including unregistered NFA items, machine guns (post-1986), or weapons prohibited under federal, state, or local law
  • Sales to prohibited persons under 18 U.S.C. § 922(g) or state law
  • Interstate firearms transfers without proper FFL involvement
  • Any transaction violating the Gun Control Act, National Firearms Act, or state firearms laws

6.2 Financial Crimes

  • Money laundering or terrorist financing
  • Fraud, forgery, or misrepresentation
  • Structuring transactions to evade reporting requirements
  • Transactions with sanctioned individuals or entities (OFAC compliance)

6.3 Platform Abuse

  • Creating multiple accounts to circumvent limits or restrictions
  • Reverse engineering or attempting to access our systems without authorization
  • Using automated systems or bots without our written consent
  • Impersonating another person or entity

6.4 Additional Prohibited Items

See our complete Prohibited Items Policy for detailed restrictions.

7. Compliance and Regulatory Requirements

7.1 Money Services Business Registration

PayGunner is registered with the Financial Crimes Enforcement Network (FinCEN) as a Money Services Business (MSB) and complies with all applicable federal regulations, including the Bank Secrecy Act (BSA) and USA PATRIOT Act.

7.2 State Licensing

We maintain or are in the process of obtaining money transmitter licenses in all required jurisdictions. Our current licensing status is available upon request to compliance@paygunner.com.

7.3 Reporting Obligations

We are required by law to report certain transactions and suspicious activities to government authorities. You acknowledge and agree that we may file Suspicious Activity Reports (SARs) or Currency Transaction Reports (CTRs) without notifying you.

7.4 User Compliance Obligations

You are solely responsible for ensuring your transactions comply with all applicable federal, state, and local laws, including:

  • Federal firearms laws (Gun Control Act, National Firearms Act)
  • State and local firearms regulations
  • FFL requirements for interstate transfers
  • Background check requirements
  • Age restrictions and prohibited person laws

8. Transaction Limits and Holds

8.1 Transaction Limits

We may impose daily, weekly, or monthly transaction limits based on your account verification level, transaction history, and risk assessment. Current limits are displayed in your account dashboard.

8.2 Holds and Delays

We reserve the right to hold, delay, or reverse any transaction if we reasonably believe:

  • The transaction may violate these Terms or applicable law
  • The transaction appears fraudulent or suspicious
  • Additional verification is required
  • We are required to do so by law or court order

8.3 Processing Times

Manual ACH Deposits: You transfer funds to our business bank account, then submit a deposit request. Our team verifies the transfer was received (typically 2-3 business days), then credits your balance.

Credit Card Deposits: Processed immediately via Authorize.Net. Your balance is credited instantly upon successful payment.

Internal Transfers: Instant (database ledger update only).

Withdrawals: Balance debited immediately (funds held), then ACH transfer to your bank (2-3 business days to arrive).

9. Account Suspension and Termination

9.1 Our Right to Terminate

We reserve the right to suspend or terminate your account immediately, with or without notice, if:

  • You violate these Terms or any applicable law
  • We are required to do so by law or regulatory authority
  • We reasonably believe your account poses a risk to us, other users, or third parties
  • Your account has been inactive for more than 12 consecutive months

9.2 Your Right to Terminate

You may close your account at any time through your account settings or by contacting support@paygunner.com. You must withdraw all funds before account closure.

9.3 Effect of Termination

Upon termination, you must immediately cease using the Services. We will provide instructions for withdrawing any remaining funds, subject to applicable holds and our fraud prevention procedures. Sections of these Terms that by their nature should survive termination will survive, including provisions related to disputes, intellectual property, and liability limitations.

10. Disputes and Chargebacks

10.1 Transaction Disputes

If you have a dispute regarding a transaction, you must contact us at support@paygunner.com within sixty (60) days of the transaction date. We will investigate and attempt to resolve the dispute in accordance with our internal procedures.

10.2 Chargeback Policy

If you initiate a chargeback with your card issuer for a legitimate transaction, we reserve the right to suspend your account and pursue recovery of the disputed amount plus any fees incurred.

10.3 Merchant Disputes

PayGunner is not responsible for disputes between buyers and sellers. We facilitate payment processing only and are not a party to the underlying transaction.

11. Intellectual Property

The Services, including all content, features, and functionality, are owned by PayGunner and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on our Services without our express written permission.

12. Privacy and Data Security

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to our data practices as described in the Privacy Policy.

13. Third-Party Services

13.1 Service Providers

We use third-party service providers to operate the Services, including:

  • Authorize.Net (Visa Inc.): Credit card payment processing
  • Circle Internet Financial, LLC: USDC reserve pool management and stablecoin infrastructure
  • Postmark (ActiveCampaign): Transactional email delivery
  • Twilio Inc.: SMS authentication
  • Google LLC: OAuth authentication services

13.2 Third-Party Terms

Your use of third-party services through PayGunner may be subject to additional terms and privacy policies imposed by those providers.

14. Disclaimers and Limitation of Liability

14.1 Service Availability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OPERATION OF THE SERVICES.

14.2 No Investment Advice

PayGunner does not provide investment, financial, legal, or tax advice. You are solely responsible for determining the suitability of any transaction.

14.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYGUNNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your use or inability to use the Services
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Services
  • Any other matter relating to the Services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

14.4 Cryptocurrency Risks

USDC and blockchain technology involve inherent risks, including volatility (although USDC is designed to maintain a 1:1 peg with USD), technological failures, and regulatory changes. You acknowledge and accept these risks.

15. Indemnification

You agree to indemnify, defend, and hold harmless PayGunner, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any law or the rights of any third party
  • Any transaction conducted using your account

16. Dispute Resolution and Arbitration

16.1 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that you may assert claims in small claims court if your claims qualify.

16.2 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND PAYGUNNER INDIVIDUALLY. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16.3 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

16.4 Venue

Any arbitration shall take place in Wilmington, Delaware, or remotely via videoconference if mutually agreed.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy and other incorporated policies, constitute the entire agreement between you and PayGunner regarding the Services.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, natural disasters, or government actions.

19. Contact Information

PayGunner, LLC
Email: legal@paygunner.com
Support: support@paygunner.com
Compliance: compliance@paygunner.com

ACKNOWLEDGMENT: BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

PayGunner

Professional payment processing for the firearm industry. Send and receive money securely for gun sales, gunsmith services, training, and more.

Important: PayGunner processes payments only. We do not handle, ship, or facilitate the transfer of firearms. All transactions must comply with federal, state, and local laws.

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Released: Jan 2025
© 2025 PayGunner, LLC. All rights reserved. Registered Money Services Business (MSB)
A Bussell Network Development, LLC Company
Legal Disclaimer: PayGunner is a payment processing service only. We facilitate the secure transfer of funds between parties. We do not sell, transfer, ship, or handle firearms or ammunition. All users must comply with federal, state, and local laws regarding firearm transactions, including background checks, age restrictions, and licensing requirements. PayGunner is not responsible for the legality of any transaction conducted using our service. Users must ensure they comply with all applicable laws, including the Gun Control Act, National Firearms Act, and state-specific regulations. By using PayGunner, you agree that you are legally permitted to engage in firearm-related commerce in your jurisdiction.