Source: https://billingmart.com/terms [Legal](https://billingmart.com/legal) Terms of Service # Terms of Service These Terms of Service govern your access to and use of BillingMart’s invoicing platform, console, payment pages, REST v1 API, and Model Context Protocol (MCP) server. Last revised: October 2026 • Version: 1.0 ## Contents 1. Acceptance and Eligibility2. Workspaces and User Roles3. Subscriptions and Send Limits4. Invoicing and Arithmetic Invariants5. Payment Processing and Merchant Accounts6. Developers, REST API, and AI Assistants7. Customer Contacts and Delivery8. Data Ownership and 30-Day Purge9. Product Analytics10. Fees, Taxes, and Plan Changes11. Subscription and Billing Terms12. Warranties and Disclaimers13. Limitation of Liability14. Indemnification15. Governing Law and Disputes16. General [← All legal agreements](https://billingmart.com/legal) ## 1. Acceptance and Eligibility These Terms of Service are an agreement between you and BillingMart.com LLC, a New Mexico limited liability company ("BillingMart", "we", "us"). By creating an account, registering a business workspace, accessing our web console, connecting an AI assistant, or calling our REST APIs, you agree to be bound by these Terms of Service and all incorporated documents, including our [Privacy Policy](https://billingmart.com/privacy) , [Acceptable Use Policy](https://billingmart.com/aup) , and [Data Processing Addendum](https://billingmart.com/dpa) . If you represent a business entity, you certify that you possess lawful corporate authority to bind that entity to these Terms. If you do not agree to these Terms, you must not access or use the platform. ## 2. Workspaces and User Roles BillingMart operates on a multi-tenant workspace architecture. A workspace may represent one or more registered business entities. Access is partitioned across discrete roles: - **Workspace Owner:** Holds ultimate administrative control, billing responsibility, gateway credential configuration, and deletion authority. - **Admin & Staff Members:** Authorized team members granted scoped access to create clients, draft invoices, and manage payment links. - **Customers (End Clients):** Third-party recipients who access invoices, receipts, and payment portals solely through verified contact authentication. You are responsible for safeguarding your authentication credentials and maintaining the confidentiality of your workspace sessions. You agree to notify us immediately of any unauthorized access to your workspace. ## 3. Subscriptions and Send Limits BillingMart offers tiered service plans, including a free plan. The plans currently offered, their prices, and the number of sends each includes per calendar month are those published at [https://billingmart.com/pricing](https://billingmart.com/pricing) . A send is an invoice or an estimate delivered to a customer, or a payment received through a payment link. ## The Cap Invariant Every plan includes the number of sends per calendar month stated for it at [https://billingmart.com/pricing](https://billingmart.com/pricing) . A send is counted when an invoice or an estimate is delivered to a customer, or when a payment is received through a payment link, and never when a draft is created or edited. When your send cap is reached, you cannot send further invoices until the month ends or you change plan. Estimates you send and payments your customers make continue to work and continue to be counted. Reaching a plan limit does not lock or delete your existing invoices or records; they stay available and payable, and only new sends pause. Paid subscription plans provide higher or custom send allowances, team seats, automated recurring billing rules, and the full in-app activity history as published at [https://billingmart.com/pricing](https://billingmart.com/pricing) . BillingMart keeps a complete activity record for every workspace. On the free plan the app displays the last 30 days of that record; the full history can be downloaded as CSV on any plan. ## 4. Invoicing and Arithmetic Invariants To help you meet your legal obligations and to guard against computational tampering, all invoice totals, line-item subtotals, tax treatments, and balance obligations are re-derived on the server from verified line items at the moment of send and payment. All monetary figures are stored and processed strictly as integer minor units of currency (e.g., cents for USD) alongside explicit ISO currency codes. Client applications and connected agents cannot submit arbitrary arithmetic overrides. ## 5. Payment Processing and Merchant Accounts BillingMart facilitates payments by integrating directly with registered merchant gateways, including TranzPay. You acknowledge and agree that: - BillingMart is a software technology provider, not a bank, money transmitter, or payment card acquirer. - Merchant account credentials provided to the platform are encrypted using AES-256-GCM and stored in isolated secret storage. Live activation requires successful completion of an automated credential self-test. - Full credit card numbers and security codes are not stored by BillingMart; they exist only in memory while a charge is made. Transactions are tokenized through gateway vaulting, and only the card brand and last four digits are retained for customer identification. - ACH debits, settlements, returns, and dispute notices are subject to banking clearance timelines and federal NACHA rules. ## 6. Developers, REST API, and AI Assistants Access to our programmatic REST v1 API and Model Context Protocol (MCP) server is governed by strict security controls: - **Scoped Credentials:** API keys and OAuth 2.1 access tokens are constrained by granular scopes (e.g., `invoices:read`, `invoices:write`). - **Human approval:** No AI agent moves money or contacts a customer without a person's approval. Connected AI assistants (such as Claude, ChatGPT or Cursor) and the built-in BillingMart Agent can read data, prepare drafts and request actions. A requested action that sends to a customer or moves money is carried out only when (a) an authenticated person in your workspace approves it in BillingMart, or (b) Auto is on and the workspace owner's written, capped approval rules cover it. Only the workspace owner can turn on Auto for a connected assistant or change those rules, and only after a recent sign-in with a second factor. The built-in Agent's Auto lasts up to eight hours at a time, and only a person the owner allows can switch it on, after the same sign-in. Every automatic action counts against the owner's caps, is recorded in the audit log and is reported to the owner. Starting a card or bank payment, every administrative action, and any change to the approval rules always require a person. For a connected assistant, so do refunds, voids, credit notes, write-offs and messages the assistant wrote itself. - **Rate Limiting & Integrity:** Programmatic access is monitored for rate limit abuse, unauthorized credential harvesting, and automated spamming. ## 7. Customer Contacts and Delivery Customer communications and invoice delivery rely exclusively on verified contacts. A contact record must have an email address or SMS-capable telephone number that has been verified as described in the product, for example by a one-time confirmation code. Businesses are strictly prohibited from importing unverified, scraped, purchased, or harvested contact lists into the BillingMart platform under our [Acceptable Use Policy](https://billingmart.com/aup) . ## 8. Data Ownership and 30-Day Purge You retain sole ownership of all customer records, invoices, item catalogs, and business branding uploaded to your workspace. BillingMart claims no intellectual property rights over your proprietary data. If you elect to delete a workspace, all active customer records, assistant configurations, and draft documents enter a 30-day soft-delete holding period, after which they are permanently purged from active databases. Invoices, receipts, and ledger records that have been executed represent legal financial records and are retained as required by statutory tax accounting laws. ## 8A. Product Analytics When you sign in to the BillingMart console or use our apps, you are asked once whether to share usage statistics. If you choose Accept, we use Google Analytics for Firebase to measure how the product is used so we can fix and improve it. It records which screens you open, which features you use (for example, that a workspace was created), and technical details such as your browser and device type, your approximate location from your network address, and a random identifier kept in a cookie or on your device. It does not record the contents of your invoices, your clients' details, payment or card details, or what you type into forms. We do not sell this data or use it for advertising. If you choose No thanks, nothing is measured. You can change your choice at any time in Settings > Privacy; BillingMart works the same either way. ## 9. Fees, Taxes, and Plan Changes Paid subscription plans are billed in advance on a recurring monthly or annual basis. All stated subscription fees are exclusive of applicable sales tax, VAT, or local governmental duties, which will be calculated and added where required. You may cancel your subscription at any time via the console billing settings. Cancellation takes effect at the conclusion of your current paid billing period without prorated refund. How BillingMart charges for a plan, renews it, and handles upgrades, downgrades and failed payments is set out in the Subscription and Billing Terms below. ## 9A. Subscription and Billing Terms Version 2026-10-06 · effective 6 October 2026 **Who charges you.** Paid plans are sold and charged by BillingMart.com LLC. Payments are processed by our payment processor; BillingMart never stores your full card number, only its brand and last four digits. **Authorisation and the saved card.** When you choose a paid plan you authorise BillingMart.com LLC to charge your card the amount shown at checkout, and to keep the card on file to charge each renewal and any upgrade you choose later. You can replace the saved card at any time under Billing. **Automatic renewal.** A plan renews automatically at the end of each monthly or annual period, at the plan’s price then in effect, until you cancel. We will tell you before a price change applies to your next renewal. **Upgrades.** Moving to a higher plan takes effect immediately. You are charged at once for the remainder of the current period at the new price, less the unused part of what you already paid (proration). The next renewal is at the new plan’s full price. **Downgrades and cancellation.** Moving to a lower plan, or cancelling, takes effect at the end of the current paid period. Until then you keep everything your current plan includes. You can undo a scheduled change before it takes effect. **No refunds.** Fees already paid are not refunded, in whole or in part, including when you move down or cancel before the period ends, except where the law requires otherwise. **Failed payments.** If a renewal payment fails, we and our processor will retry it and let you know. If it has not been paid 14 days after it first failed, your workspace moves to our free plan, as published at [https://billingmart.com/pricing](https://billingmart.com/pricing) . Nothing is locked or deleted: your invoices, pay links, payments and records stay available, and features of the paid plan are no longer offered until you choose a paid plan again. **Taxes.** Prices are exclusive of sales tax, VAT and similar duties, which are added where they apply. **AI credits.** Credit packs you buy are charged once, last 12 months from purchase, and are not refunded once used. A refund of a pack removes the credits it bought. **Receipts.** We send a receipt by email for every payment, and each receipt is available under Billing. **Changes to these terms.** We may update these Subscription and Billing Terms. The version and effective date above change when we do, and we will ask you to accept the new version the next time you change your plan. ## 10. Warranties and Disclaimers THE PLATFORM, CONSOLE, REST APIS, AND PAY PAGES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BILLINGMART.COM LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ## 11. Limitation of Liability IN NO EVENT SHALL BILLINGMART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF REVENUE, PROFIT, GOODWILL, OR TRANSACTIONAL DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL BE STRICTLY LIMITED TO THE TOTAL FEES PAID BY YOU TO BILLINGMART IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. ## 11A. Indemnification You will defend, indemnify and hold harmless BillingMart.com LLC, its affiliates, and their members, managers, officers, employees and agents (the "BillingMart Parties") from and against all claims, demands, proceedings, losses, damages, liabilities, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: - (a) your or your users' use of the Services; - (b) any data, content, invoices, estimates, messages or other communications you create, send or deliver through the Services; - (c) your dealings with your customers, including the goods and services you provide and the amounts you charge; - (d) your obtaining, or failing to obtain, any consent, authorization or notice the law requires, including under the Telephone Consumer Protection Act, CAN-SPAM, the E-SIGN Act, state privacy laws and card network rules; - (e) your breach of these Terms or the Acceptable Use Policy; or - (f) your violation of any law or third-party right. BillingMart may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate. You may not settle any claim that imposes an obligation on a BillingMart Party without its prior written consent. ## 12. Governing Law and Disputes These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict-of-laws rules. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this section. Any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding confidential arbitration administered in accordance with commercial arbitration rules. **Exceptions available to both parties.** Either party may instead bring an individual claim in a small-claims court that has jurisdiction over it, and either party may ask any court of competent jurisdiction for an injunction or other equitable relief to protect its intellectual property, its confidential information or the security of the Services. Any claim that is heard in court rather than in arbitration is heard only in the state or federal courts located in New Mexico, other than a small-claims court, and each party consents to their jurisdiction. **Class and representative action waiver.** TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BILLINGMART MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may award relief only to the individual party seeking it, and only to the extent its individual claim warrants. If this waiver is found unenforceable as to any claim, that claim is severed, heard in the state or federal courts located in New Mexico, and stayed until the arbitration of the remaining claims ends. **Jury trial waiver.** TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BILLINGMART EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action or proceeding arising out of or relating to these Terms or the Services, including any claim heard in court because it is not subject to arbitration. ## 13. General **13.1 The parties.** These Terms are an agreement between you and BillingMart.com LLC, a New Mexico limited liability company ("BillingMart", "we", "us"). If you accept them for a business, "you" means that business, and you confirm you have authority to bind it. **13.2 Changes to these Terms.** We may change these Terms at any time, without prior notice, except where applicable law requires notice. A change takes effect when we post the updated Terms on billingmart.com, and the "Last revised" date shows when. We may, but are not required to, tell you about a change by email or in the console. If you keep using BillingMart after a change takes effect, you accept the updated Terms. If you do not agree, stop using BillingMart and close your workspace. Changes to fees and to the Subscription and Billing Terms follow §9A. **13.3 Suspension and termination.** - *Our rights.* We may suspend or terminate your access to all or part of the Services, with or without notice, if: (a) you breach these Terms or the Acceptable Use Policy; (b) you fail to pay fees when due; (c) we reasonably believe your use creates a risk of fraud, loss, legal liability or harm to BillingMart, our providers, payment networks or other users; (d) a payment processor, card network, carrier or regulator requires it; or (e) the law requires it. We may also terminate these Terms for convenience on 30 days' notice. Where we reasonably can, we will tell you the reason and give you a chance to cure. We are not required to do so where doing so would increase a risk or be unlawful. - *Your rights.* You may stop using the Services and close your workspace at any time from Settings. Closing a workspace is subject to the 30-day purge in §8. - *Effect.* On termination, your right to use the Services ends, and all fees accrued up to the termination date become due. Fees already paid are not refunded, except where the law requires a refund or a plan's published terms provide one. Invoices already sent and payments already made stay with the business and its customers as their records, as §8 describes. - *Survival.* These survive termination: §8 (data retention and purge), §9 and §9A (fees accrued), §10 (disclaimers), §11 (limitation of liability), §11A (indemnification), §12 (governing law, arbitration, and the class and jury waivers), this §13, and any other term that by its nature should survive. **13.4 Entire agreement and order of precedence.** These Terms, together with the documents they incorporate (the [Privacy Policy](https://billingmart.com/privacy) , [Acceptable Use Policy](https://billingmart.com/aup) , [Data Processing Addendum](https://billingmart.com/dpa) , [Service Level Agreement](https://billingmart.com/sla) , [E-Sign Consent](https://billingmart.com/e-sign) , [Text Message Terms](https://billingmart.com/sms-terms) and the plan and pricing pages), are the entire agreement between you and BillingMart about the Services. They replace any prior or contemporaneous understanding. If those documents conflict, the following order applies: 1. a written agreement signed by both parties that expressly overrides these Terms; 2. the Data Processing Addendum, as to the processing of personal data; 3. these Terms; 4. the Acceptable Use Policy, the Service Level Agreement and the other incorporated policies; 5. the plan and pricing pages, as to prices, limits and features only. No purchase order, invoice or other document you issue adds to or changes these Terms, even if we accept or pay it. **13.5 Assignment.** You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent. Any attempt to do so is void. We may assign these Terms without your consent to an affiliate, or in connection with a merger, acquisition, reorganization or sale of all or substantially all of the assets or business to which they relate. Subject to this section, these Terms bind and benefit the parties and their permitted successors and assigns. **13.6 Force majeure.** Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, except for your obligation to pay fees. Such events include acts of God, natural disaster, epidemic, war, terrorism, civil unrest, labour action, government action, failure or delay of a payment processor, card or banking network, telecommunications carrier, cloud or hosting provider, internet failure, and denial-of-service or other cyber attack. **13.7 Notices.** We may give you notice by email to the workspace owner's address, through the console, or by posting on billingmart.com. Notice is effective when sent or posted. You must give legal notices to BillingMart in writing, by email to legal@billingmart.com, with a copy by mail or courier to BillingMart.com LLC, 116 E Live Oak Ave #1017, Arcadia, CA 91006. They are effective on receipt. You agree to receive notices electronically under the [E-Sign Consent](https://billingmart.com/e-sign) . **13.8 No waiver.** Our failure or delay in enforcing any part of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by BillingMart, and only for the instance it names. **13.9 Severability.** If a court or arbitrator holds any part of these Terms invalid or unenforceable, that part will be enforced to the maximum extent the law allows and limited or reformed only as far as needed. The rest of these Terms stay in full force. This does not apply to the class-action waiver in §12, which has its own severance rule. **13.10 Independent contractors; no fiduciary role.** The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, fiduciary or employment relationship. BillingMart is a software provider. It is not a party to any transaction between you and your customers. **13.11 No third-party beneficiaries.** Except for the BillingMart Parties under §11A, these Terms confer no rights or remedies on anyone other than you and BillingMart. **13.12 Interpretation.** Headings are for convenience only. "Including" means "including without limitation". These Terms are written in English, and any translation is for convenience only. ### Legal and compliance questions If you have questions regarding this agreement, or need a countersigned copy of our Data Processing Addendum, contact us at [legal@billingmart.com](mailto:legal@billingmart.com) or write to our privacy officer at [privacy@billingmart.com](mailto:privacy@billingmart.com) . ## Related legal documents [Privacy Policy Read document →](https://billingmart.com/privacy) [Data Processing Addendum Read document →](https://billingmart.com/dpa) [Acceptable Use Policy Read document →](https://billingmart.com/aup) [Service Level Agreement Read document →](https://billingmart.com/sla) [Cookie Policy Read document →](https://billingmart.com/cookies) [Subprocessors Read document →](https://billingmart.com/subprocessors) [E-Sign Consent Read document →](https://billingmart.com/e-sign) [Accessibility Statement Read document →](https://billingmart.com/accessibility) [Text Message Terms Read document →](https://billingmart.com/sms-terms) [US State Privacy Rights Read document →](https://billingmart.com/privacy/states) [Data Removal Request Read document →](https://billingmart.com/privacy-request) [Partner Program Agreement Read document →](https://billingmart.com/legal/partner-agreement) --- This is the Markdown copy of https://billingmart.com/terms. Live plans, prices and limits are published as JSON at https://billingmart.com/plans.json and https://billingmart.com/agent-info.json.