Last Modified: March 30, 2026
These API Terms of Use (“Agreement”) govern access to and use of the PaySimple application programming interface, associated documentation, and related tools and services (collectively, the “API”) made available by EverCommerce Solutions Inc., a Delaware corporation, d/b/a PaySimple (“PaySimple,” “we,” or “us”). By accessing or using the API, the individual or entity doing so (“Licensee”) agrees to be bound by this Agreement.
PaySimple offers the API to enable Licensee to build, integrate, and operate applications, platforms, and services (“Licensee Technology”) that transmit and receive data (“Data”) in connection with PaySimple’s products and services on behalf of their end users and customers (“Customers”). Access to and use of the API is conditioned on acceptance of and compliance with this Agreement, the PaySimple Terms of Service (https://paysimple.com/terms-of-service/) and any Partner Reseller Agreement between PaySimple and Licensee.
1. License.
1.1. License Grant. Subject to the terms and conditions of this Agreement, PaySimple hereby grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the API solely for the purpose of developing, testing, and operating Licensee Technology that interfaces with PaySimple’s products and services for the benefit of Customers, (b) use the documentation and specifications for the API (“Documentation”, and collectively with the API, the “Services”) for the purpose of fulfilling Licensee’s rights and obligations hereunder, and (c) make available and use the API and Data through the Licensee Technology on behalf of Customers. This license does not include the right to access or use the API for any purpose beyond those expressly set forth in this Agreement. All rights not expressly granted herein are reserved by PaySimple. Nothing in this Agreement shall be construed to grant Licensee any rights in or to PaySimple’s products, services, software, intellectual property, or underlying systems beyond the limited API access described above. Licensee acknowledges that PaySimple retains all right, title, and interest in and to the API, including all updates, modifications, and derivative works thereof, regardless of whether such modifications incorporate feedback or contributions from Licensee. PaySimple reserves the right to modify, limit, suspend, or discontinue access to the API, in whole or in part, at any time and for any reason, with or without notice. PaySimple may also introduce new versions of the API or deprecate existing versions, and Licensee is solely responsible for updating its Licensee Technology to maintain compatibility.
1.2. API Key Issuance. Access to the API is granted through the issuance of API Keys (each an “API Key”), which may be issued directly to Licensee as a merchant or as a partner to enable integration on behalf of a portfolio of merchants. Subject to the terms and conditions of this Agreement, PaySimple may first issue a sandbox API Key to permit development and testing of an integration with the Services. Upon PaySimple’s review and approval of the applicable integration, which approval may be withheld, conditioned or delayed in PaySimple’s sole and absolute discretion, PaySimple will issue a production API Key to Licensee. Licensee is solely responsible for maintaining the confidentiality of all API Keys issued to it and for all activities, transactions, and actions that occur under or through such API Keys, regardless of whether such activities are authorized by Licensee. Licensee shall not transfer, sublicense, sell, or otherwise assign any API Key to any third party without PaySimple’s prior written consent, which consent may be withheld, conditioned or delayed in PaySimple’s sole and absolute discretion. PaySimple reserves the right to revoke, suspend, or disable any API Key at any time in its sole discretion, with or without notice.
1.3. Restrictions. Licensee will not: (a) resell, lease, encumber, sublicense, distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever, except for as described in Section 1.1 above; (b) devise specifications from, reverse engineer, reverse compile, disassemble, or create derivative works based on the Services; (c) apply systems to extract or modify information in the Services using technology or method such as those commonly referred to as “web scraping,” “data scraping,” or “screen scraping”; (d) knowingly input or post through or to the Services any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others, (e) input or transmit through or to the Services any virus, worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Services or grant unauthorized access thereto; (f) use or access the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes; (g) cause, assist, allow or permit any third party (including an end-user) to do any of the foregoing; (h) use the Services to compete with PaySimple in any way; (i) permit any third party to use or access the Services other than Customers, or Licensee’s direct employees or agents who are acting on Licensee’s behalf; or (j) use the API or Services in violation of (i) NACHA ACH Rules in relation to authorization and processing of ACH transactions (“ACH Rules”), (ii) Payment Card Industry Data Security Standards in relation to storage, processing, and transmission of cardholder data (“PCI DSS”), (iii) any Visa, MasterCard, American Express, and Discover rules related to the authorization and processing of credit card transactions (“Card Brand Rules”), (iv) any international, federal, state and local laws and regulations applicable to surcharge fees (collectively, “Surcharging Regulations”), or (k) use the API or Services in violation of any applicable law, regulation, or ordinance.
1.4. Maintenance. Licensee agrees that PaySimple may update, correct or modify the Services as PaySimple deems necessary from time to time. All such updates, corrections and modifications will be considered part of the Services for purposes of this Agreement.
1.5. Applicable Laws. Licensee’s access to and use of the Services is subject to all applicable international, federal, state and local laws, regulations, and industry standards including, without limitation, the ACH Rules, the PCI DSS, Card Brand Rules and Surcharging Regulations. Licensee may not use the Services or any data in violation of or to violate any law, rule or regulation. Ensuring Licensee’s use of the Services is compliant with applicable laws is the responsibility of Licensee.
1.6. Suspension of API. PaySimple has the right to immediately suspend the API (a) in order to prevent damage to or degradation of the Services or unauthorized or non-compliant use or (b) for operational reasons such as repair, maintenance, or improvement or because of any emergency, (c) if Licensee violates any terms or conditions of the PaySimple Partner Reseller Agreement or (d) if, following notice from PaySimple, Licensee has failed to pay any amounts due and owing. In the case of (a) or (b) or (c) PaySimple will give Licensee prior notice if reasonable and will ensure that the API is restored as soon as possible after the event given rise to suspension has been resolved to PaySimple’ reasonable satisfaction.
2. Ownership.
2.1. PaySimple. PaySimple’ intellectual property, including without limitation the API, its trademarks and copyrights, and any modification thereof, are and will remain the exclusive property of PaySimple and its licensors. No licenses or rights are granted to Licensee except for the limited rights expressly granted in this Agreement.
2.2. Licensee. Licensee’s intellectual property, including without limitation the Licensee Technology and the design and architecture of the integration of the Technology with PaySimple via the API, its trademarks and copyrights and any modification thereof, are and will remain the exclusive property of Licensee and its licensors. No licenses or rights are granted to PaySimple except for the limited rights expressly granted in this Agreement.
2.3. Feedback. Licensee agrees that advice, feedback, criticism, or comments provided to PaySimple related to the API are given to PaySimple and may be used by PaySimple freely and without restriction and will not enable Licensee to claim any interest, ownership or royalty in PaySimple’ intellectual property. Likewise, PaySimple agrees that advice, feedback, criticism, or comments provided to Licensee related to the Technology are given to Licensee and may be used by Licensee freely and without restriction and will not enable PaySimple to claim any interest, ownership or royalty in Licensees’ intellectual property.
3. Confidentiality.
3.1. Confidential Information. “Confidential Information” means any information disclosed by one party to the other whether orally or in writing that is designated as confidential or that reasonably should be understood by the receiving party to be confidential, notwithstanding the failure of the disclosing party to designate it as such. Confidential Information may include information that is proprietary to a third party and is disclosed by one party to another pursuant to this Agreement. The Services, all features and functions thereof and related pricing and product plans will be the Confidential Information of PaySimple.
3.2. Non-Disclosure. Each party agrees to maintain the confidentiality of the other party’s Confidential Information with the same security and measures it uses to protect its own Confidential Information of a similar nature (but in no event less than reasonable security and measures) and not to use such Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement. The receiving party may disclose Confidential Information of the disclosing party to those employees, officers, directors, agents, affiliates, consultants, users, and suppliers who need to know such Confidential Information for the purpose of carrying out the activities contemplated by this Agreement and who have agreed to confidentiality provisions that are no less restrictive than the requirements herein. Such party will be responsible for any improper use or disclosure of the disclosing party’s Confidential Information by any such parties. Except as expressly permitted by this Section, the receiving party will not disclose or facilitate the disclosure of Confidential Information of the disclosing party to any third party. The restrictions in this Section shall continue until such time as the information is covered by an exclusion set forth below.
3.3. Exclusions. The receiving party will have no obligation under this Section with respect to information provided by the disclosing party that: (a) is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party, (b) is or becomes available to the receiving party from a source other than the disclosing party, provided that such source is not known to the receiving party to be bound by an obligation of confidentiality to the disclosing party with respect to such information, (c) was in the receiving party’s possession prior to disclosure by the disclosing party, or (d) is independently developed by the receiving party without reference to the Confidential Information. Further either party may disclose Confidential Information (i) as required by any court or other governmental body or as otherwise required by law, or (ii) as necessary for the enforcement of this Agreement or its rights hereunder.
4. Compliance with Laws.
4.1. Personal Information. “Personal Information” means any information that a party collects, receives, or obtains, from or on behalf of a Customer that does or can identify a specific individual or by or from which a specific individual may be identified, contacted, or located, such as the individual’s name; address; social security number; driver’s license number or state-issued identification card number; and any other information relating to an identified or identifiable individual, or may otherwise constitute personally identifiable information under any applicable law. Each party acknowledges and agrees that, in the course of performance of this Agreement, it may receive or have access to Personal Information. Each party shall comply with the terms and conditions set forth in this Agreement in its collection, receipt, transmission, storage, disposal, use, and disclosure of such Personal Information and be responsible for the unauthorized collection, receipt, transmission, access, storage, disposal, use, and disclosure of Personal Information under its control or in its possession.
4.2. Data Transmissions. In connection with any transfer of Personal Information between them in the operation of the API, each party: (i) will transfer such Personal Information only through use of a dedicated connection to which they are the only authorized parties or such other method of communication, such as encrypted communication, between them as offers an equivalent level of security and authentication of the recipient; (ii) will not permit any third party to use any such connection to the extent that such use is within that party’s control, except as permitted herein; and (iii) will take adequate and reasonable steps to ensure that access to that Personal Information at each facility that party has or on each system utilized by such party or its subcontractors is limited to authorized personnel of that party. Any transfer of Payment Card Industry data (“PCI Data”) between the parties shall be conducted in compliance with the then-current Payment Card Industry Data Security Standard (“PCI DSS”), as published by the PCI Security Standards Council, and Licensee represents and warrants that it will maintain compliance with PCI DSS with respect to any PCI Data accessed, processed, or transmitted in connection with the API. Each party will take reasonable care to ensure that data transmissions between them in the operation of the API that contain any Personal Information are timely, complete, and accurate, and each party will take reasonable steps to retransmit any such data transmission to the other party upon discovery that the original transmission has been lost in transmission or is corrupted. If either party receives data from the other and is informed or believes that such data was not intended for it, the receiving party will notify the sender, promptly take effective steps to return such data, or at the direction of the other party immediately and permanently delete such data from its systems.
4.3. Compliance with Laws, Regulations, and Card Brand Rules. Each party represents that its collection, access, use, storage, disposal, and disclosure of Personal Information does and will comply with all applicable law. Without limiting the parties’ obligations in the preceding sentence, each party shall implement administrative, physical, and technical safeguards to protect Personal Information that are no less rigorous than generally accepted industry standards, including, but not limited to, with respect to implementation, client service, payment security, functionality, ease of use, and the creation, access, storage, destruction, or exchange of Personal Information. Licensee shall at all times remain in compliance with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing all procedures and practices as may be necessary to remain in compliance with the PCI DSS, in each case, at such party’s sole cost and expense. Licensee shall at all times remain in compliance with the ACH Rules, Card Brand Rules, and Surcharging Regulations.
5. Disclaimer. PAYSIMPLE DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT PAYSIMPLE WILL CORRECT ALL ERRORS OR THAT THE SERVICES WILL MEET LICENSEES’S REQUIREMENTS OR EXPECTATIONS. PAYSIMPLE IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATIONS OR SECURITY OF THE SERVICES THAT ARISE FROM LICENSEE’S TECHNOLOGY OR THIRD PARTY APPLICATIONS OR SERVICES PROVIDED BY THIRD PARTIES. PAYSIMPLE EXPRESSLY DISCLAIMS (TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW) ALL OTHER WARRANTIES EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. IN NO EVENT WILL PAYSIMPLE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OF ANY KIND OR NATURE ARISING OUT OF THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY COST TO COVER PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES (WHICH THE PARTIES AGREE WILL NOT BE CONSIDERED DIRECT DAMAGES), OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOOD WILL, OR REPUTATION. PAYSIMPLE’S MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF FEES LICENSEE HAS PAID TO PAYSIMPLE OR THE AMOUNT OF FEES PAYSIMPLE HAS PAID LICENSEE (AS APPLICABLE), IN EITHER CASE IN THE 1 MONTH PRIOR TO THE EVENT(S) GIVING RISE TO SUCH LIABILITY OR $500, WHICHEVER IS LESS. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BROUGHT, EVEN IF PAYSIMPLE HAS BEEN NOTIFIED OF THE POSSIBILITY OF DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT.
7. Indemnity.
7.1. By PaySimple. PaySimple will indemnify and hold Licensee, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives harmless against any action brought against Licensee by a third party to the extent such action is based on a claim that the unmodified Services as used in accordance with this Agreement infringe a copyright, patent, trademark or misappropriate a trade secret of such third party or other proprietary right enforceable in the country in which PaySimple has authorized Licensee to use the Services. Should the Services become, or in PaySimple’ opinion be likely to become, the subject of any infringement claim, PaySimple may, at its option: (a) procure for Licensee, at PaySimple’ expense, the right to continue using the Services, (b) modify, at PaySimple’ expense, the Services so that it becomes non-infringing but remains functionally equivalent, or (c) terminate Licensee’s right to use the Services and refund to Licensee any unused pre-paid fees for such Services. PaySimple will have no liability for any claim of intellectual property infringement that is based on (i) the use or combination of the Services with any products, services, data or other materials not provided by PaySimple, provided such infringement would not have arisen but for such combination, (ii) the use of other than a current, unaltered version of the Service, (iii) specifications or designed provided by Licensee, or (iv) any unauthorized modification of the Services.
7.2. By Licensee. Licensee agrees to defend and indemnify PaySimple and its affiliates from and against any legal action, demand, suit, or proceeding brought against PaySimple or its affiliates by a third party arising out of or related to Licensee’s use of the Services.
7.3. Indemnification Procedures. Each party’s indemnification obligations are subject to conditions that the indemnified party must: (a) notify the indemnifying party promptly in writing of such claim; (b) permit the indemnifying party to have sole control of the defense, compromise, or settlement of such claim, including any appeals, provided, that the indemnifying party will not settle any claim in a manner that adversely affect the rights of the indemnified party without the indemnified party’s prior written consent; and (c) fully cooperate with the indemnifying party at the indemnifying party’s expense in the defense or settlement of such claim.
7.4. Disclaimer. This Section states the entire liability of PaySimple, and Licensee’s sole and exclusive remedy, with respect to the infringement of any intellectual property rights by the Service.
8. Term and Termination.
8.1. Term. This Agreement is effective upon the earlier of: (a) Licensee’s first access to or use of the API; or (b) Licensee’s express acceptance of this Agreement through any mechanism provided by PaySimple, and will remain in effect until terminated in accordance with this Agreement.
8.2. Termination. PaySimple may terminate this Agreement immediately, without notice, if Licensee: (i) breaches any material term of this Agreement or the PaySimple Partner Reseller Agreement or the PaySimple Terms of Service or Acceptable Use Policy and, where such breach is curable, fails to cure it within ten (10) days of written notice from PaySimple describing the breach; (ii) violates any applicable law in connection with its use of the API or Services; (iii) uses the API in a manner that PaySimple reasonably determines poses a security risk, legal liability, or reputational harm to PaySimple or its customers; or (iv) License becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy, receivership, or similar proceedings that are not dismissed within sixty (60) days.
8.3. Effects of Termination. Upon termination of this Agreement for any reason, Licensee’s license to access and use the API and Services will immediately terminate and Licensee’s API Key will be deactivated by PaySimple. Upon any such termination, Licensee must cease all use of the API, destroy or return any PaySimple Confidential Information in its possession, including the issued API Key, and remove any integrations dependent on the Services from its Licensee Technology within thirty (30) days. PaySimple will have no liability to Licensee for any termination of this Agreement in accordance with its terms. Any provisions that by their nature should survive termination will survive, including without limitation provisions relating to ownership, confidentiality, indemnification, limitations on liability, payment obligations, and governing law.
8.4. Survival. Any provisions of this Agreement that expressly, or by implication, are intended to survive its termination or expiration will survive and continue to bind the parties, including without limitation provisions relating to confidentiality, representations and warranties, indemnification, limitations on liability, intellectual property, and Licensee’s payment obligations under this Agreement.
9. Assignment. Licensee may not assign or transfer this Agreement, its API Key or any of its rights or obligations hereunder in whole or in part without the prior written consent of PaySimple. Subject to the foregoing, this Agreement will inure to the benefit of, be binding upon, and be enforceable against, each of the parties hereto and their respective successors and assigns.
10. Attorney’s Fees. In the event any proceeding or lawsuit is brought in connection with this Agreement, the prevailing party in such proceeding will be entitled to receive its reasonable costs, expert witness and attorneys’ fees.
11. Relationship of the Parties. This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.
12. No Third-Party Beneficiaries. This Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever.
13. Equitable Remedies. Each party acknowledges and agrees that (a) a breach or threatened breach by such party may give rise to irreparable harm to the other party for which monetary damages may not be an adequate remedy; and (b) if a breach or threatened breach by such party occurs, the other party will in addition to any and all other rights and remedies that may be available to such other party at law, at equity or otherwise in respect of such breach, be entitled to seek equitable relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security.
14. Force Majeure. Neither party will be liable under this Agreement for any failure or delay in the performance of its obligations (except for the payment of money) on account of strikes, shortages, riots, insurrections, fires, flood, storm, explosions, acts of God, war, governmental action, pandemics, earthquakes, material shortages, or any other cause that is beyond the reasonable control of such party.
15. Export Compliance. Licensee must comply with United States, foreign and international laws and regulations, including without limitation, the United States Export Administration Regulations and the United States Office of Foreign Asset Control regulations, and other anti-boycott and import regulations. Such export laws govern use of the Services including technical data and any deliverables provided under this Agreement and Licensee agrees to comply with all such laws and regulations (including “deemed export” and “deemed re-export” regulations). Licensee is responsible for ensuring that no data, information, software programs and/or materials resulting from the Services (or direct product thereof) will be exported directly or indirectly in violation of these laws. Licensee will indemnify PaySimple for any violation by Licensee of any applicable export controls or economic sanctions laws and regulations.
16. Governing Law, Jurisdiction and Venue. This Agreement will be governed by and construed in all respects in accordance with the laws of the State of Colorado, without regard to its conflicts of laws principles. Each party hereby consents to the exclusive venue and jurisdiction of the courts of Colorado. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
17. Severability; Waiver. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, such provision will be changed and interpreted as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect. No waiver of any term or right in this Agreement will be effective unless made in writing and signed by an authorized representative of the waiving party. Any waiver or failure to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
18. Amendment. PaySimple reserves the right to modify or update this Agreement at any time in its sole discretion. Any changes will be effective upon posting of the revised Agreement at the URL where this Agreement is made available. Licensee’s continued access to or use of the API following the posting of any changes constitutes Licensee’s acceptance of the revised Agreement. If Licensee does not agree to the modified terms, Licensee’s sole remedy is to cease all use of the API.
19. Notices. PaySimple may provide any notice or communication required or permitted under this Agreement by: (a) email to the address associated with Licensee’s account; (b) posting a notice on PaySimple’s website or developer portal; or (c) such other means as PaySimple deems reasonably appropriate. Notices sent by PaySimple via email are deemed received upon transmission. It is Licensee’s responsibility to maintain a current and accurate email address on file with PaySimple. Licensee shall direct all notices to PaySimple under this Agreement to: legal@evercommerce.com. For notices required to be sent by mail, Licensee shall address them to: PaySimple 3601 Walnut Street, Suite 400, Denver, Colorado 80205, Attention: Legal Department.