Version 1.0 · Effective 1 July 2026
Published at checker.finance/service-terms
These Terms of Service are incorporated by reference into each Checker Network Access and Service Agreement (the “Agreement”) that identifies this version on its Order Form. They apply to every customer of Checker regardless of the service modules selected. Capitalized terms have the meanings given in Section 12 (Definitions) or in the Agreement.
1. Services and Support
1.1 Subject to the terms of the Agreement, Checker will use commercially reasonable efforts to provide the Customer the services selected on the Order Form (the “Services”). As part of onboarding, Customer will establish administrative credentials for its Checker account. Checker may refuse or cancel credentials it reasonably deems inappropriate.
1.2 Checker will provide reasonable technical support in accordance with the Agreement and any applicable service level terms.
1.3 The specific scope, risks, and fees of each Service are set out in the corresponding module and Order Form of the Agreement. These Terms of Service govern the relationship generally; the Agreement governs what has been purchased.
2. Restrictions and Responsibilities
2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any related software, documentation, or data (“Software”); modify, translate, or create derivative works of the Services or Software except as expressly permitted; use the Services for time-sharing or service-bureau purposes for the benefit of a third party; or remove any proprietary notices.
2.2 Customer will not export or re-export the Services or Software in violation of any restrictions or regulations of the U.S. Department of Commerce, the U.S. Office of Foreign Assets Control, or any other competent authority. The Software and documentation are “commercial items” as defined in applicable U.S. federal acquisition regulations.
2.3 Customer represents and warrants that it will use the Services only in compliance with Checker’s published policies and all applicable laws and regulations, including the Restricted Countries and Sectors schedule in Section 11. Customer will indemnify Checker against any claim arising from a violation of the foregoing or otherwise from Customer’s use of the Services.
2.4 Customer is responsible for obtaining and maintaining all equipment and ancillary services needed to access the Services, and for maintaining the security of its equipment, accounts, and credentials (including all administrative and user passwords). Customer is responsible for all use of its account, with or without its knowledge or consent, and will implement commercially reasonable security controls including multi-factor authentication, role-based access, and internal authorization procedures for any instruction that moves funds or assets.
2.5 Customer will use the Services only to access service providers and network participants connected through the Checker network, unless otherwise permitted in writing by Checker. Customer shall not, directly or indirectly, solicit, contract with, or otherwise engage any such service provider or network participant (each, a "Network Provider"), or use any information obtained through the Services (including a Network Provider's identity or commercial terms), to obtain services the same as or substantially similar to those Checker provides, except through Checker or with Checker's prior written consent. This restriction survives termination of this Agreement for twelve (12) months, and Checker may seek injunctive relief for any breach in addition to any other remedy available at law or in equity.
3. Confidentiality and Proprietary Rights
3.1 Each party (the “Receiving Party”) may receive business, technical, or financial information of the other (the “Disclosing Party”) that is confidential (“Proprietary Information”). Checker’s Proprietary Information includes non-public information about the features, functionality, performance, pricing, and supply arrangements of the Services, including the identity and terms of Checker’s underlying infrastructure providers. Customer’s Proprietary Information includes non-public data it provides to enable the Services (“Customer Data”). The Receiving Party will protect Proprietary Information with reasonable care and will not use or disclose it except in performance of the Services. This does not apply to information that is or becomes public through no fault of the Receiving Party, was known prior to receipt, is rightfully received from a third party, is independently developed, or is required to be disclosed by law.
3.2 Checker owns and retains all right, title, and interest in the Services and Software, all improvements, and all related intellectual property. No rights are granted except as expressly set out.
3.3 Checker may collect and analyze data relating to the provision, use, and performance of the Services, and may use such data to improve its offerings and disclose it solely in aggregate or de-identified form.
4. Fees and Payment
4.1 Customer will pay the fees stated on the Order Form and in the applicable modules of the Agreement (the “Fees”). Where usage exceeds any stated capacity or otherwise incurs additional fees under the Agreement, Customer will be billed for such usage. Checker may change Fees at the end of the Initial Service Term or any renewal term on thirty (30) days’ notice. Billing disputes must be raised within sixty (60) days of the relevant statement.
4.2 Checker may bill by invoice, with full payment due seven (7) days after the invoice date. Checker may accept payment by stablecoin transfer to its designated wallets or by bank transfer (ACH or wire). Unpaid amounts accrue a finance charge of the lower of 1.5% per month or the maximum permitted by law, plus collection costs, and may result in immediate suspension or termination. Customer is responsible for all taxes other than taxes on Checker’s net income.
5. Term and Termination
5.1 The Agreement runs for the Initial Service Term stated on the Order Form and renews automatically for successive periods of equal length (together, the “Term”) unless either party gives notice of non-renewal at least ninety (90) days before the end of the then-current term.
5.2 Either party may terminate for material breach on thirty (30) days’ notice (or without notice for non-payment) if the breach is not cured. In addition, Checker may terminate the Agreement, in whole or in part (including any individual Service or module), at any time and for any reason or no reason upon notice to Customer. Customer will pay in full for Services provided through the date of termination.
5.3 Checker may suspend the Services immediately, without notice, where required by a regulatory or court order, where a material security risk is detected, where Customer fails to pay undisputed amounts, where Checker suspects fraud or unauthorized use, or where Customer’s use violates the Agreement or applicable law.
5.4 On termination, the parties will cooperate for a wind-down period of thirty (30) to sixty (60) days to allow Customer to close accounts and withdraw remaining balances, subject to holds, chargebacks, and unpaid amounts. All provisions that by their nature should survive termination will survive, including accrued payment rights, confidentiality, warranty disclaimers, indemnities, and limitations of liability.
6. Warranty and Disclaimer
Checker will use reasonable efforts consistent with prevailing industry standards to maintain the Services with minimal errors and interruptions. Services may be temporarily unavailable for scheduled or emergency maintenance, or due to causes beyond Checker’s reasonable control. HOWEVER, THE SERVICES ARE PROVIDED “AS IS.” CHECKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TRANSACTIONS WILL COMPLETE SUCCESSFULLY, THAT FUNDS WILL BE INSURED, OR THAT ANY PARTICULAR PRICE OR RATE WILL BE AVAILABLE, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Underlying Infrastructure Providers
7.1 Certain Services are powered by third-party infrastructure providers (for example, regulated payment institutions and banking or blockchain-infrastructure partners). Where a Service relies on such a provider, Checker remains the Customer’s sole counterparty; there is no direct contractual relationship between Customer and any underlying provider.
7.2 The identity of the providers powering the Customer’s selected Services, their respective roles, their terms, and any provider-specific restrictions are set out in the applicable module of the Agreement. Customer’s use of a Service is subject to the applicable provider terms and restrictions set out in that module.
7.3 Checker is not responsible for the acts, omissions, failures, or insolvency of any underlying provider, banking institution, or blockchain network, except to the extent directly caused by Checker’s own gross negligence or willful misconduct.
8. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY, NEITHER CHECKER NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, OR EMPLOYEES WILL BE LIABLE UNDER ANY THEORY: (A) FOR ANY ERROR OR INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA, OR COST OF SUBSTITUTE GOODS OR SERVICES; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND CHECKER’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO CHECKER IN THE TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY. This cap does not apply to Customer’s indemnification obligations, breaches of confidentiality, Customer’s payment obligations, wire fraud and losses arising from fraudulent or unauthorized instructions or compromised credentials, or a party’s gross negligence, fraud, or willful misconduct.
9. Indemnification
9.1 Checker will hold Customer harmless from third-party claims that the Services, as provided by Checker, infringe a U.S. patent, copyright, or trade secret, subject to prompt notice and Checker’s control of the defense. This does not apply where the claim arises from Customer’s specifications, modifications, combinations with other products, or use not in accordance with the Agreement.
9.2 Customer will indemnify, defend, and hold Checker harmless from any claim, loss, or expense (including reasonable attorneys’ fees) arising from: (a) Customer’s breach of the Agreement or these Terms; (b) Customer’s violation of applicable law; (c) fraud, compromised credentials, or unauthorized access to Customer’s account; (d) inaccurate or incomplete KYC or beneficial-ownership information; (e) claims by Customer’s End Users; and (f) regulatory fines or penalties arising from Customer’s conduct. This obligation survives termination.
10. Compliance, KYC and AML
10.1 Customer will complete and maintain accurate Know-Your-Business and Know-Your-Customer information, including beneficial ownership, source of funds, business purpose, and applicable licenses. Customer will notify Checker within three (3) business days of any material change to this information.
10.2 Customer represents and warrants that it and its beneficial owners are not subject to sanctions administered by OFAC, the UN, the EU, or the UK; that its funds derive from lawful sources; and that it will not use the Services for money laundering, terrorist financing, or sanctions evasion.
10.3 Customer will maintain compliance with all applicable AML and counter-terrorist-financing obligations, cooperate with audits or compliance reviews, and promptly disclose any related investigation or regulatory inquiry. Checker may audit Customer’s compliance records at any time. Failure to satisfy these obligations permits Checker to suspend, freeze, refuse transactions, or terminate immediately.
11. Restricted Countries and Sectors
The following global restrictions apply to all Services regardless of module. Additional restrictions may apply to particular Services and, where they do, are set out in the applicable module of the Agreement.
Prohibited Geography
Customer will not use the Services in connection with, or to send funds to or receive funds from, any individual, entity, or jurisdiction subject to comprehensive sanctions administered by OFAC, the United Nations, the European Union, or the United Kingdom. As of the effective date of this version, comprehensively restricted jurisdictions include Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine. This list follows the applicable sanctions regimes and is updated as those regimes change; Customer remains responsible for compliance with the sanctions programs themselves, which govern in case of any discrepancy.
Prohibited Activity
Customer will not use the Services in connection with the following activities: weapons, firearms, ammunition, and explosives; illegal drugs, controlled substances, and related paraphernalia; child sexual abuse material or human trafficking; counterfeit goods or intellectual-property infringement; unlicensed gambling or lotteries; shell banks and nested payment arrangements; and Ponzi, pyramid, or multi-level marketing schemes.
12. Definitions
“Services” means the capabilities selected on the Order Form and provided under the corresponding modules of the Agreement.
“End User” means a customer of Customer that accesses the Services indirectly through Customer.
“Network Provider” means any liquidity provider, bank, custodian, exchange, OTC desk, or other participant through which Checker sources, routes, or delivers a Service.
“Reserve Account” means funds held as security for Customer’s payment obligations.
“Personal Data” means any information relating to an identified or identifiable natural person that is processed in connection with the Services.
“Data Protection Laws” means all data protection and privacy laws applicable to a party’s processing of Personal Data under the Agreement, including as applicable the Gramm-Leach-Bliley Act (GLBA), the EU General Data Protection Regulation (GDPR), the UK GDPR, and the California Consumer Privacy Act (CCPA).
“Prohibited Activity” and “Prohibited Geography” have the meanings given in Section 11.
13. Miscellaneous
13.1 If any provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. The Agreement is not assignable by Customer without Checker’s prior written consent; Checker may assign its rights and obligations without consent. The Agreement, together with these Terms and the Order Form, is the complete and exclusive statement of the parties’ understanding and supersedes prior agreements. No agency, partnership, or joint venture is created.
13.2 Publicity. Unless the Order Form states otherwise, Checker may identify Customer as a customer and use Customer’s name and logo for that purpose; any other promotional use requires Customer’s consent.
13.3 Notices must be in writing and are effective on receipt (including by email where receipt is confirmed). These Terms and the Agreement are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Delaware. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE AGREEMENT.
13.4 Order of precedence. In the event of conflict: (1) the Order Form; (2) the module terms of the Agreement; (3) these Terms of Service.
Version History
Version 1.0 — effective 1 July 2026 — initial publication. Prior versions, once superseded, remain available at checker.finance/service-terms/[version].
