Momentum FSM Provider Payment & Stripe Connect Agreement

1. Purpose

This Agreement governs payment-related functionality provided through Momentum FSM and applies to all service providers who connect a Stripe account or accept payments through the platform.

2. Independent Business Relationship

Providers are independent businesses. Nothing in this Agreement creates an employment, agency, partnership, franchise, joint venture, brokerage, or representative relationship between the Provider and Shiver Software LLC.

3. No Marketplace or Referral Service

Momentum FSM is not a marketplace, directory, referral service, lead generation service, broker, contractor, staffing company, or service provider. Momentum FSM does not match consumers with providers.

4. Stripe Connect Requirement

Providers must maintain a valid Stripe account and comply with all applicable Stripe agreements, policies, verification requirements, and compliance obligations.

5. Merchant of Record

The Provider is the merchant of record for all transactions processed through its connected Stripe account. The Provider is the seller of record and owns the customer relationship.

6. Provider Responsibilities

Providers are solely responsible for services performed, estimates, invoices, communications, scheduling, employees, subcontractors, pricing, customer support, and fulfillment obligations.

7. Licenses, Permits, and Insurance

Providers are solely responsible for obtaining and maintaining all licenses, permits, certifications, registrations, and insurance required for their business activities.

8. No Verification by Momentum FSM

Shiver Software LLC does not verify licenses, certifications, insurance coverage, qualifications, background checks, references, financial condition, or legal authority of providers.

9. Taxes

Providers are solely responsible for determining, collecting, reporting, and remitting all taxes arising from their business operations or transactions.

10. Refunds

Providers are solely responsible for issuing refunds, credits, adjustments, cancellations, and customer accommodations.

11. Chargebacks and Payment Disputes

Providers bear all responsibility for chargebacks, card disputes, payment reversals, ACH returns, payment investigations, and customer payment complaints.

12. Customer Data

Providers are responsible for the legality, accuracy, and lawful collection of customer information stored within the platform.

13. Communications Compliance

Providers must obtain all legally required consents before sending emails, notifications, SMS messages, marketing campaigns, reminders, or other communications.

14. Regulatory Compliance

Providers must comply with consumer protection laws, privacy laws, advertising laws, employment laws, licensing requirements, and industry-specific regulations.

15. Restricted Businesses

Momentum FSM may prohibit certain industries, activities, or business models that create legal, regulatory, reputational, or payment-processing risks.

16. Suspension of Payment Features

Shiver Software LLC may suspend payment-related functionality due to suspected fraud, legal concerns, compliance issues, payment processor requirements, or policy violations.

17. Limitation of Liability

Shiver Software LLC shall not be liable for lost revenue, lost profits, taxes, penalties, regulatory actions, chargebacks, payment delays, customer disputes, or business interruptions.

18. Indemnification

Providers agree to defend, indemnify, and hold harmless Shiver Software LLC from claims arising from services performed, customer disputes, taxes, communications, licensing issues, insurance issues, payment disputes, employment matters, or regulatory investigations.

19. Termination

Payment-related functionality may be suspended or terminated at any time for violations of applicable agreements, payment processor requirements, or legal obligations.

20. Governing Law and Arbitration

This Agreement is governed by Florida law and disputes shall be resolved through binding arbitration in Lee County, Florida, on an individual basis only.