1. Who this agreement is with
These Terms govern your use of the Aperture website and the AlexiosTM compliance scan.
"Aperture," "we," "us" and "our" mean Gotham City Holdings LLC, a Delaware limited liability company doing business as Aperture, with its address at 8 The Green, Ste B, Dover, DE 19901.
"You" means the person using this site and the business on whose behalf you are using it. If you are using this site for a business, you confirm you are authorized to accept these Terms for that business.
By using this site or submitting a site for scanning, you accept these Terms. If you do not accept them, do not use the site.
2. What AlexiosTM does
AlexiosTM evaluates a publicly available website against the compliance standards that payment processors and card networks apply to research-use-only commerce. It returns findings and a score. Where a business is admitted to the Aperture platform, AlexiosTM continues to evaluate that website on a recurring schedule.
Scanning is provided at no charge. There is no service fee and no monthly fee for the scan.
3. What AlexiosTM does not do, and what we do not promise
This section governs over anything else on this site.
- Aperture is not a payment processor, a payment facilitator, a bank, a money transmitter, or a broker. Aperture is never the merchant of record and never holds, receives, moves, or has custody of your funds or your customers' funds at any time.
- Aperture does not approve payment accounts and does not control any processor's decision. Whether a processor opens an account for you, keeps it open, or closes it is entirely that processor's decision, made under its own rules. Nothing on this site is a promise, guarantee, or prediction of approval, of continued processing, or of any account outcome.
- A passing score is not a guarantee of anything. It reflects what AlexiosTM evaluated, on the day it evaluated it, against the standards AlexiosTM applies. It is not a certification, an endorsement, an audit, or an assurance that any processor, regulator, or other party will reach the same conclusion.
- AlexiosTM provides compliance guidance. It does not provide legal advice. Nothing produced by AlexiosTM or by Aperture is a legal opinion about your website, your products, your business, or your obligations under any law or regulation. No attorney client relationship is created. You are responsible for obtaining your own legal advice.
- Aperture makes no statement about your products. Aperture does not evaluate, test, verify, endorse, or make any medical, therapeutic, safety, or human-use claim about anything you sell.
- We are not affiliated with, endorsed by, or acting on behalf of any payment processor. We use commercially available payment infrastructure in the ordinary way any platform does.
4. What you are responsible for
- That you are authorized to submit any website you submit, and that submitting it does not breach any agreement or right of another party.
- That everything you tell us is accurate, and that you keep it accurate.
- Your own compliance with every law, regulation, processor rule, and card network rule that applies to your business. AlexiosTM points at problems. Fixing them, and everything else about how you run your business, is yours.
- Not using this site to scan a website you have no connection to, to probe our systems, to reverse engineer how AlexiosTM reaches its conclusions, to interfere with the service, or to use automated tools to access it beyond ordinary use.
- Not reselling, republishing, or providing scan results to others as a compliance service of your own without our written agreement.
5. What we own
The Aperture and AlexiosTM names, the marks, the website, the software, the scan methodology, the scoring approach, and everything else we make or use to deliver the service are owned by Gotham City Holdings LLC and remain ours. Using this site gives you no ownership of any of it and no licence beyond using the service as intended.
Your website and your business content remain yours. You give us permission to access, retrieve, and evaluate your publicly available website for the purpose of providing the service, and to keep and use the results of those evaluations as described in the Privacy Policy.
6. Scan results are for you
Scan results are provided to you for your own use. We do not publish them, sell them, or provide them to anyone else except as the Privacy Policy describes.
7. Fees
Scanning is free. Where a business is admitted to the Aperture platform and processes payments through it, Aperture's application fee applies as set out in the Merchant Agreement. The fee is banded by monthly processing volume and each band applies only to the volume within it. The bands and a worked example are set out on the Pricing page of this site, and the treatment of refunds and cancellations is set out in the Fees and Refunds statement.
8. Suspension and removal
We may decline to scan a site, decline an application, or remove access at any time, for any reason, including if we believe use of the service breaches these Terms or creates risk for Aperture. Where a business has been admitted to the platform, removal from the platform is governed by the Merchant Agreement instead of this section.
9. No warranty
The site and the scan are provided as they are, without warranty of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. We do not warrant that the scan will identify every issue, that it will be uninterrupted or error free, or that any result is accurate for any particular purpose.
10. Limitation of liability
To the fullest extent the law allows:
- We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data, or the loss, decline, suspension, closure or termination of any payment processing account, however caused, even if we were told those losses were possible.
- Our total liability to you for everything arising out of or relating to these Terms or the scan service will not exceed the greater of one hundred United States dollars ($100) or the total fees you paid us in the three months immediately before the event giving rise to the claim.
11. You cover us for your own conduct
You will cover us against any claim, loss, or expense, including reasonable legal fees, arising from your website, your products, your business, your breach of these Terms, or your breach of any law, regulation, or processor rule.
12. Governing law and where disputes are heard
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Any dispute will be brought exclusively in the state or federal courts located in Kent County, Delaware, and you agree to that jurisdiction.
13. Changes to these Terms
We may change these Terms. The current version is always posted here with its effective date. Continuing to use the site after a change means you accept the changed Terms. Where you are an admitted merchant, notice of changes is governed by the Merchant Agreement.
14. General
If any part of these Terms is unenforceable, the rest still applies. Our failure to enforce something is not a waiver of it. You may not transfer these Terms to anyone else. We may transfer them in connection with a sale or reorganization of the business. These Terms, together with the Privacy Policy, the Fees and Refunds statement and, where applicable, the Merchant Agreement, are the entire agreement between us about the scan service.
15. Contact
legal@aperturealexios.com
Gotham City Holdings LLC dba Aperture
8 The Green, Ste B, Dover, DE 19901