Terms of use

1. Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "Merchant," or "you") and Numbers Private Limited, a company incorporated under the laws of Pakistan operating under the brand name Swich ("Swich," "we," "us," or "our").

By accessing, registering for, or using the Swich website (support@swichnow.io), the Swich Merchant Portal, the Swich Retail Portal, mobile applications, APIs, or any other Swich products or services (collectively, the "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are accessing the Platform on behalf of a business entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" include that entity.

If you do not agree to these Terms, you must immediately discontinue use of the Platform.

2. Eligibility & Registration

2.1 Eligibility Requirements

To use the Platform, you must:

Be at least 18 years of age
Be a Pakistani national, resident, or a validly registered business entity in Pakistan (or such other jurisdiction as Swich may approve from time to time)
Not be subject to any sanctions, debarment, or prohibition under applicable law
Possess a valid CNIC/NICOP (for individuals) or NTN/STRN and business registration documents (for entities)
Have a valid Pakistani bank account linked to your registration

2.2 Merchant Onboarding

Merchant accounts are subject to Swich's Know Your Customer (KYC) and Know Your Business (KYB) verification process in accordance with SBP Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) regulations. Swich reserves the right to reject any application, suspend, or terminate any account at its sole discretion, including where required by regulatory direction.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including usernames, passwords, PINs, and OTPs. You agree to notify Swich immediately at support@swichnow.io of any unauthorised access to your account. Swich shall not be liable for any loss resulting from your failure to safeguard your account credentials.

3. Swich Services

3.1 Payment Services

Swich operates as a Payment Service Provider (PSP) and Payment Service Operator (PSO) licensed/regulated by the State Bank of Pakistan. The Platform enables:

Pay In: acceptance of payments by merchants from customers via multiple payment channels
Pay Out: disbursement services including bulk payments, salary processing, and fleet management payouts
Bill Out: bill payment facilitation and utility payment collection
Retail QR: QR-code-based point-of-sale payment acceptance for retail merchants
Merchant Portal: a dashboard for transaction management, reporting, reconciliation, and settlement

3.2 Financial Services

Where applicable, Swich or its affiliated Non-Banking Finance Company (NBFC) entity may offer financing products including merchant cash advances and working capital facilities. Such services are governed by separate product-specific agreements and are subject to SBP/SECP regulations.

3.3 Service Availability

Swich provides the Platform on an "as available" basis. While we strive for maximum uptime, we do not guarantee uninterrupted, error-free service. Scheduled maintenance, SBP/RAAST/1LINK network outages, or force majeure events may affect service availability. Swich will endeavour to provide advance notice of scheduled downtime where practicable.

4. Merchant Obligations & Prohibited Activities

4.1 Merchant Obligations

As a Swich merchant, you agree to:

Provide accurate, complete, and up-to-date KYC/KYB documentation
Comply with all applicable laws including the Prevention of Electronic Crimes Act 2016 (PECA), Electronic Transactions Ordinance 2002, and SBP Payment System Regulations
Accept payments only for legitimate goods and services
Honour all completed transactions and provide appropriate refunds in accordance with your stated policies
Maintain accurate business and transaction records
Promptly report any suspicious transactions or fraud to Swich
Ensure your end customers are made aware of applicable payment terms

4.2 Prohibited Activities

You must not use the Platform to:

Process payments for illegal goods or services, including but not limited to: narcotics, weapons, counterfeit goods, or prohibited financial instruments
Engage in money laundering, terrorist financing, hawala, or structuring of transactions to evade reporting thresholds
Process transactions on behalf of third parties not registered on the Platform ("factoring")
Circumvent transaction limits, velocity controls, or fraud monitoring systems
Introduce malicious code, malware, or conduct denial-of-service attacks on the Platform
Misrepresent your business nature, products, or services during onboarding or thereafter
Use the Platform in a manner that violates any SBP circular, directive, or regulatory guidance
Access or attempt to access accounts or data of other merchants or users without authorisation

Violation of these prohibitions may result in immediate account suspension, transaction reversal, reporting to FIA or relevant law enforcement, and legal action.

5. Fees, Settlement & Reconciliation

5.1 Transaction Fees

Transaction processing fees, interchange rates, and service charges are set out in your Merchant Service Agreement (MSA) or as communicated through the Merchant Portal. Swich reserves the right to revise its fee schedule with thirty (30) days' prior written notice.

5.2 Settlement

Merchant settlement timelines are as specified in the MSA (typically T+2 business days for standard merchants, subject to risk holds and SBP requirements). Swich reserves the right to withhold or delay settlement where there is a reasonable suspicion of fraud, a chargeback dispute, or as required by regulatory authority.

5.3 Float & Reserve

Swich may maintain a rolling reserve or security deposit from settlement proceeds as a risk mitigation measure. Reserve amounts and release conditions are specified in the MSA.

5.4 Chargebacks & Disputes

In the event of a chargeback, reversal, or payment dispute, Swich will notify you and you agree to cooperate fully and provide documentary evidence within the timeframe specified. You are liable for all chargebacks, fines, and associated costs arising from your transactions. Swich may deduct such amounts from your settlement or reserve.

5.5 Taxes

You are solely responsible for all taxes applicable to your use of the Platform and your sales transactions. Swich will deduct withholding tax where required by Pakistani tax law and issue relevant documentation.

6. Intellectual Property

All content, technology, software, trademarks, logos, trade names, design elements, APIs, and materials on the Platform are the exclusive property of Numbers Private Limited or its licensors and are protected by Pakistani and international intellectual property laws.

Swich grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your permitted business purposes in accordance with these Terms. You may not:

Copy, modify, adapt, translate, reverse engineer, or create derivative works from any part of the Platform
Scrape, crawl, or systematically extract data from the Platform
Use Swich's trademarks, logos, or brand assets without prior written consent
Sublicense or resell access to the Platform to any third party

7. User Content & Data

By submitting any content, data, or information to the Platform (including business details, product listings, or customer data), you grant Swich a non-exclusive, royalty-free licence to use, process, and store such content solely for the purpose of providing the Services.

You represent and warrant that you have all necessary rights and consents to submit such content and that it does not infringe any third-party rights or violate any applicable law, including data protection regulations applicable to your customers' personal data.

8. Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy, available at support@swichnow.io/privacy. By using the Platform, you consent to the data practices described therein. Our Privacy Policy is incorporated into and forms part of these Terms.

9. Disclaimers & Limitation of Liability

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE. SWICH DOES NOT WARRANT THAT THE PLATFORM WILL BE FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWICH, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
FAILURES OR INTERRUPTIONS OF THIRD-PARTY PAYMENT NETWORKS INCLUDING RAAST, 1LINK, OR ACQUIRING BANKS
UNAUTHORISED ACCESS TO YOUR ACCOUNT DUE TO YOUR OWN NEGLIGENCE
DELAYS OR FAILURES CAUSED BY FORCE MAJEURE EVENTS OR SBP REGULATORY ACTIONS

IN ANY EVENT, SWICH'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SWICH IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

9.3 Indemnification

You agree to indemnify, defend, and hold harmless Swich and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (i) your use of the Platform; (ii) your violation of these Terms; (iii) your violation of any applicable law; (iv) any third-party claim related to your products, services, or transactions processed through the Platform.

10. Suspension & Termination

10.1 By Swich

Swich may suspend, restrict, or terminate your access to the Platform, with or without notice, if:

You breach any provision of these Terms or the MSA
Swich is required to do so by SBP, FIA, or other competent authority
Your account shows unusual, fraudulent, or high-risk transaction patterns
You become insolvent, are subject to bankruptcy proceedings, or cease business operations
Swich decides to discontinue the Platform or any part thereof

10.2 By You

You may terminate your account by submitting a written request to support@swichnow.io. Termination does not relieve you of any outstanding financial obligations, including chargebacks, fees, or reserve amounts.

10.3 Effect of Termination

Upon termination: (i) your licence to use the Platform immediately ceases; (ii) Swich will settle outstanding transactions in accordance with the MSA and applicable law; (iii) Clauses relating to intellectual property, liability, dispute resolution, and governing law survive termination.

11. Third-Party Services & Links

The Platform may integrate with or link to third-party services, APIs, payment networks, or partner platforms. Swich does not endorse, control, or assume responsibility for any third-party services. Your use of third-party services is subject to their respective terms and policies.

12. Regulatory Compliance

The Platform operates under licences, approvals, and regulatory frameworks governed by the State Bank of Pakistan (SBP). Merchants are responsible for their own compliance with all applicable laws, including:

Prevention of Electronic Crimes Act 2016 (PECA)
Electronic Transactions Ordinance 2002 (ETO)
AML/CFT regulations and FATF recommendations
Federal Board of Revenue (FBR) tax obligations
SECP regulations (where financial products are involved)
Consumer Protection laws applicable in your province or jurisdiction

Swich reserves the right to cooperate with and disclose information to regulatory authorities as required by law, without prior notice to you.

13. Amendments to These Terms

Swich reserves the right to modify these Terms at any time. We will provide at least thirty (30) days' prior notice of material changes via email or prominent notice on the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with changes, you must stop using the Platform and request account closure before the effective date.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Islamic Republic of Pakistan. The Parties submit to the exclusive jurisdiction of the courts of Karachi, Pakistan.

14.2 Dispute Resolution

In the event of any dispute arising from or relating to these Terms or the Platform, the Parties shall first attempt to resolve the matter through good-faith negotiation within 21 days of written notice. If unresolved, either Party may refer the dispute to binding arbitration under the Arbitration Act 1940 (as amended), with a sole arbitrator seated in Karachi, Pakistan.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, the Merchant Service Agreement, and any product-specific agreements, constitute the entire agreement between you and Swich with respect to the Platform and supersede all prior understandings.

15.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force.

15.3 Waiver

Failure to enforce any right under these Terms shall not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without Swich's prior written consent. Swich may assign its rights to any affiliate or successor entity.

15.5 Force Majeure

Swich shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including natural disasters, government actions, SBP directives, telecommunications failures, or cyberattacks.