Acceptable Use Policy – PAY3

1. Purpose and scope

1.1 This Acceptable Use Policy ("AUP") sets out the prohibited activities, restricted categories, rules of conduct and obligations applicable to the use of the services provided by PAY3 S.r.l. ("Pay3" or the "Platform").

1.2 The AUP applies to all merchants, businesses and professionals registered with or using Pay3 ("Merchants"), their authorised users and the commercial activities carried out through the Platform, both online and at physical points of sale.

1.3 Pay3 provides access to various payment solutions and methods offered by third parties. The use of each service is also subject to the contractual terms, acceptable use policies and restrictions established by the relevant provider.

1.4 Compliance with this AUP is a condition of using the Platform. Activating a payment service may require additional acceptances, checks and authorisations by the relevant provider, as set out in Articles 9 and 10.

2. Definitions

2.1 Pay3 / Platform: PAY3 S.r.l., the provider of a proprietary technology platform that integrates third-party providers' payment solutions and methods for merchants' use in online sales and at physical points of sale.

2.2 Merchant / Seller: the business or professional offering and selling goods or services to end customers using one or more Pay3 features. The merchant remains responsible for the sale and the associated obligations towards the customer.

2.3 Payment provider: the third party that supplies or manages payment services, instruments or methods accessible through Pay3, in accordance with the licences and contractual terms applicable to each service.

2.4 End customer / Buyer: the person or entity purchasing goods or services from the Merchant.

2.5 AUP violation: any conduct, product, service, transaction or information that does not comply with this AUP, the provider's applicable terms or the legislation in force.

3. Prohibited activities

3.1 Pay3 must not be used for goods, services or activities that are unlawful, lack the required licences or are prohibited by the payment providers enabled.

3.2 Fraud, phishing, identity theft, money laundering, terrorist financing, corruption, fictitious transactions and concealment of the true beneficiary or the actual nature of a sale are prohibited.

3.3 The sale of stolen or counterfeit goods, infringement of intellectual property rights, unlawful disclosure of personal data, incitement to hatred or violence and exploitation of criminal activities are prohibited.

3.4 Circumventing territorial restrictions, account limitations, identity checks, authorisation requirements or measures imposed by Pay3 or its providers is not permitted.

3.5 A Merchant account must not be used to collect payments on behalf of unauthorised third parties or for purposes other than those declared during onboarding.

4. Restricted products and sectors

4.1 Activities that are not permitted. Pay3 services must not be used for activities that are unlawful, lack the required authorisations or violate this Policy. Examples include:

• trading in illegal drugs, stolen or counterfeit goods and products whose sale is prohibited;
• selling or distributing goods or content that infringe third-party rights, including trademarks and copyright;
• fraudulent activities, pyramid or Ponzi schemes, money laundering, terrorist financing or corruption;
• providing financial services, fundraising or intermediary services without the authorisations required by law;
• sales or transactions that breach applicable sanctions, embargoes or regulatory prohibitions;
• items expressly prohibited by the provider used, such as cigarettes, firearms and ammunition for PayPal payments.

4.2 Restricted activities or activities requiring approval.Certain activities, even if not necessarily prohibited in general, may require additional checks or prior authorisation from the selected provider. Examples include:

• alcoholic beverages and tobacco products, where not already prohibited by the provider;
• medicines, medical devices, healthcare services and telemedicine;
• gaming, betting, prize competitions and similar activities;
• cryptocurrencies, investments and certain financial services;
• travel, transport, bookings and tourism services involving specific risks;
• donations, fundraising, marketplaces and models involving third-party sellers;
• adult material, online dating, digital content and live streaming;
• other items subject to specific regulation, precious metals and stones, and high-value goods, where permitted by the provider.

4.3 These lists are illustrative and not exhaustive. Whether a particular activity is permitted depends on the rules of the provider enabled, the characteristics of the transaction, the jurisdiction and applicable law. An activity permitted by one provider may be prohibited or require prior authorisation with another.

4.4 The Merchant is responsible for checking, before activation and throughout use, that its activities are permitted by the chosen provider. Enabling the Pay3 Platform does not, in itself, authorise the processing of restricted categories. Provider terms are referenced in Article 9.

5. Documentation and legal compliance requirements

5.1 The Merchant must provide complete, accurate, verifiable and up-to-date information about its identity, business activities, registered office, tax details, ownership and representation.

5.2 Depending on the nature of the business and the requests of Pay3 or the provider, identity documents, company registration extracts or corporate documents, beneficial ownership information, licences, authorisations, sales URLs and details of the goods and services offered may be required.

5.3 The Merchant must promptly report material changes, including changes to business activities, ownership or control, business name, registered office, sales websites and the products or services marketed.

5.4 The Merchant warrants compliance with applicable laws, including those on consumer protection, advertising, tax obligations, data protection and sector-specific requirements.

5.5 Activation and continued availability of payment features may depend on the successful completion of checks carried out directly by the provider.

6. Mechanisms for detecting violations

6.1 Reports: Pay3 may receive and assess reports from end customers, merchants, payment providers and competent authorities concerning suspected violations.

6.2 Checks: Pay3 may request further information or carry out proportionate, legally permitted checks on activities, websites, business information and transactions attributable to the Merchant.

6.3 Risk indicators: where available, relevant indicators may include fraud reports, disputes, unusual refunds, discrepancies in onboarding data or significant changes in the activities declared.

6.4 Cooperation: the Merchant must cooperate promptly with lawfully requested checks and provide relevant documents or explanations.

7. Escalation procedures and enforcement measures

7.1 In the event of confirmed or suspected violations, Pay3 may request explanations, documentation, corrections or the cessation of non-compliant activities, taking account of the risk, severity and applicable provisions.

7.2 Where necessary, Pay3 may restrict access to specific features, temporarily suspend the affected service or terminate the contractual relationship, within the limits permitted by law and the applicable Terms and Conditions.

7.3 In cases involving serious risk, fraud, unlawful activity, regulatory obligations or a provider's request, necessary measures may be taken without a prior opportunity to remedy the issue, where permitted.

7.4 Providers retain independent powers to review, restrict, suspend, impose reserves on or close accounts under their respective agreements. Pay3 cannot guarantee the outcome or timing of their decisions.

7.5 Where permitted by law, the Merchant will receive relevant information about the measures taken and how to provide explanations.

8. AUP revisions and updates

8.1 Pay3 may update this AUP to reflect regulatory changes, security requirements, developments in the service or changes to payment provider rules.

8.2 Changes will be published on the official website and communicated to merchants in the manner and within the time limits required by applicable law and the contract.

8.3 Rules updated directly by providers may take effect on their own schedules. The Merchant must check their applicability to the services used.

9. Payment provider terms

9.1 Applicable rules. In addition to this AUP, the use of payment methods and services integrated into Pay3 is subject to the contractual terms, acceptable use policies and restrictions established by the chosen provider. The Merchant must comply with the terms relevant to the services actually enabled.

9.2 Compliance with PayPal rules. Merchants wishing to use PayPal through Pay3 must read, accept in the prescribed manner and comply with the PayPal Acceptable Use Policy, as well as the PayPal User Agreement and any specific agreements applicable to their account and enabled features. Activities requiring PayPal's prior approval must not be processed through PayPal until the relevant authorisation has been obtained.

9.3 Stripe rules. Merchants using Stripe services must comply with the applicable terms and the relevant rules on prohibited and restricted businesses, including any verification and approval requirements.

9.4 Other providers. For payment services and methods offered by other parties, including, where available, Klarna, Scalapay and other providers integrated by Pay3, the Merchant must comply with their respective agreements and any policies communicated during activation or made available by the provider.

9.5 Application of restrictions. Where a provider imposes stricter requirements for its service, the Merchant must comply with those requirements when using that service, regardless of the categories generally permitted by Pay3. Mandatory legal provisions remain applicable.

9.6 Relationship with the provider. Where required, the Merchant must establish a contractual relationship directly with the provider and grant the authorisations necessary for the integration. Acceptance of this AUP does not replace agreements that the provider requires the merchant to enter into directly.

9.7 Updates. Provider terms may be amended by the respective providers, each with its own procedures and effective dates. The links in this section lead to official sources, whose current versions should be consulted.

10. Onboarding, declarations and authorisations

10.1 During registration and activation, the Merchant must provide truthful information about its business, accept this AUP and fulfil the contractual and documentation requirements applicable to the services requested.

10.2 Activating a payment method may require further acceptance of the relevant provider's terms, either directly with that provider or through an authorised process integrated into Pay3. In particular, to use PayPal, the Merchant must accept PayPal's Acceptable Use Policy (AUP) in the manner required.

10.3 Where envisaged by the onboarding process, Pay3 may record declarations and acceptances made through the Platform, including the merchant identifier, the document and version accepted, the transaction date and relevant technical information, in compliance with personal data protection rules.

10.4 The actual availability of services depends on checks and authorisations by the relevant provider, as well as technical and contractual compatibility. Registering with Pay3 does not guarantee automatic approval for every payment method.

10.5 The Merchant must not process transactions involving activities requiring approval through a given provider without first obtaining the necessary authorisation.

11. Payments, fees and liability

11.1 The Merchant is responsible for its commercial offering, information provided to customers, deliveries and services performed, invoicing, tax obligations and consumer-related duties, including legally required returns and refunds.

11.2 Payment processing, settlement times, checks, reversals, disputes and any restrictions or reserves are governed by the terms of the payment provider actually used and the features enabled.

11.3 Fees applicable to Pay3 services and any provider fees are governed by the respective agreements, plans and pricing terms. Any arrangements for charging or allocating fees depend on the authorised features of the service activated.

11.4 Fictitious transactions, manipulation of refunds and disputes, unauthorised use of other people's payment instruments and any attempt to circumvent provider checks or contractual provisions are prohibited.

11.5 Features such as pre-authorisations, deferred payments, instalment payments, transfers and payouts are available only where provided for, enabled and permitted under the relevant provider's agreements and rules.

12. Data protection and confidentiality

12.1 Personal data collected in connection with Pay3 services must be processed in accordance with Regulation (EU) 2016/679 (GDPR) and other applicable laws.

12.2 Information about purposes, legal bases, recipients, retention and data subjects' rights is set out in thePay3 Privacy Notice, which is separate from this AUP.

12.3 When providing payment features, relevant business and personal data may be shared with the payment providers actually involved, to the extent necessary for onboarding, checks and performance of the services, in accordance with the applicable agreements and privacy notices.

12.4 The Merchant is responsible for the lawfulness of the data and information it enters into the Platform and for adopting the measures necessary to protect its credentials and authorised access.

12.5 The respective data protection roles of Pay3, Merchants and providers (independent controller or processor, as applicable) depend on the activities actually carried out and the applicable agreements.

13. Reports, cooperation and contact details

13.1 Merchants and end customers may report conduct that may breach this AUP or request clarification from Pay3 by writing to info@pay3.it.

13.2 Suspected violations of a provider's terms may also be reported through that provider's official channels, following the procedures set out in its policies.

13.3 Within the limits of the law and applicable agreements, Pay3 may cooperate with providers and competent authorities to handle checks, requests for documents and reports.

13.4 This AUP supplements, without replacing, the Pay3 Terms and Conditions and the specific agreements relating to the services used.