Restricted and Prohibited Businesses

Part of: the Attestly Merchant Services Agreement (Section 5.6)

1. How this list works

1.1 Part of your Agreement. This list forms part of the Attestly Merchant Services Agreement (the "Agreement"). Capitalized terms not defined here have the meanings in the Agreement.

1.2 Three categories.

• Prohibited Businesses (Section 3) may never use the Services.
• Restricted Businesses (Section 4) may use the Services only after we approve them in writing, only under a high-risk or custom Program, and only while they meet the conditions we set, which may include a Reserve, a delayed payout schedule, lower limits, ongoing website and compliance monitoring, Network registration, and a Personal Guaranty.
• Standard Program exclusions (Section 5) are businesses that cannot be approved for the Standard (low-risk, online) Program, even if they may be eligible under another Program.

1.3 Others can be stricter. Our payment processors and sponsor banks, and the card networks, may prohibit or restrict more businesses than this list does, and may change their requirements at any time. If they do, their requirements apply to you, even if this list has not yet been updated.

1.4 Our decision. We decide, in good faith, how your business is classified, based on what you actually sell and how you market and deliver it, not only on how you describe it. Selling a single Prohibited product, or making a single prohibited claim, can make your whole business a Prohibited Business. If your business fits more than one category, the strictest one applies. The examples in this list are not exhaustive: a business that is not named but presents the same risk is treated the same way.

1.5 Legality is your responsibility. Approval of a Restricted Business means only that it meets our risk requirements. It is not legal advice and does not mean we have determined that your products, marketing or business are lawful in every place you sell. You must comply with all laws that apply to you and your Customers.

1.6 Changes. We may update this list under Section 26 of the Agreement. If an update makes your approved business Restricted or Prohibited, we will give you notice, and, unless law, a card network, a payment processor or a sponsor bank requires faster action, a reasonable period (normally at least 30 days) to stop the affected activity or close your Account.

1.7 Approval is specific. Our written approval of a Restricted Business covers only the products, websites, brands and Program named in it. You need a new written approval before you add a product line, website or brand, or change how you market or deliver your products.

2. Practices prohibited for every business

Whatever you sell, you must not use the Services for, or in connection with:

• 2.1 Any activity that is illegal where you or your Customers are located, or that facilitates illegal activity by others.
• 2.2 Processing payments for another business, or for sales you did not make (transaction laundering, factoring or aggregation), unless you are approved under the platform terms of the Agreement.
• 2.3 Selling through a website, app or channel you did not disclose to us, or under a business name you did not disclose.
• 2.4 Deceptive, unfair or misleading practices, including: false or unsubstantiated claims; fake reviews or testimonials; hidden fees; bait-and-switch; fake scarcity or countdowns; or misrepresenting your identity, location or affiliation.
• 2.5 Negative option, subscription or free-trial offers that do not obtain clear affirmative consent, disclose all material terms before payment, send required notices, and provide simple online cancellation.
• 2.6 Card testing, enumeration, or any use of the Services to check the validity of cards.
• 2.7 Cash advances, cash back, quasi-cash, or loading or reloading value except as an approved Restricted Business.
• 2.8 Splitting a sale into several Transactions to avoid limits or authorization, or re-submitting declined Transactions in a way the card networks do not allow.
• 2.9 Charging a surcharge or convenience fee that does not comply with law and card network rules.
• 2.10 Payments to, from, or for the benefit of any person or entity on a U.S. sanctions list, or any person located in, or business operating in, a country or region subject to comprehensive U.S. sanctions.
• 2.11 Opening an account to avoid a hold, Reserve, suspension, termination or MATCH listing on another account.

3. Prohibited Businesses

The following businesses may not use the Services under any Program.

3.1 Illegal and dangerous goods

• (a) Illegal drugs and controlled substances, and products marketed to be used as such (including synthetic cannabinoids, "legal highs", bath salts and research chemicals sold as drugs).
• (b) Marijuana and products containing THC above the federal hemp limit, and businesses that sell or facilitate them, even where legal under state law.
• (c) Psilocybin and other psychedelic substances, and spores, grow kits or extracts marketed for producing them.
• (d) Drug paraphernalia where illegal.
• (e) Nitrous oxide marketed or sold for inhalation, and similar inhalants.
• (f) Explosives, fireworks that are illegal where sold, and hazardous materials sold in violation of shipping or safety law.
• (g) Products that are banned, recalled, or that infringe safety regulations, and counterfeit products.

3.2 Drugs, medical and health

• (a) Prescription drugs or prescription-only medical devices sold without a valid prescription, or by a seller that is not properly licensed and, where required, accredited.
• (b) Any substance, including any peptide, research compound or chemical, marketed, labeled, or sold for human or animal consumption, injection, or other use in or on the body, where it is not lawfully approved, licensed or compounded for that use. This includes selling such products together with dosing guidance, reconstitution or injection instructions, protocols, "stacks", before-and-after claims, or treatment, cure, weight-loss or performance claims, and bundling them with syringes, needles or injection supplies as kits.
• (c) Unapproved new drugs and misbranded or adulterated products marketed to treat, cure, mitigate or prevent disease.
• (d) Products making health claims the seller cannot substantiate, including "miracle" cures.
• (e) Human organs, tissue, blood, bodily fluids or remains.

3.3 Weapons

• (a) Firearms, firearm frames or receivers, and ammunition sold in violation of federal, state or local law, including sales without required licenses or background checks.
• (b) Unserialized firearm kits or partially completed frames or receivers ("ghost guns"), and digital files or instructions for manufacturing firearms, where illegal.
• (c) Items regulated under the National Firearms Act (such as silencers, machine guns and short-barreled rifles), unless sold by a properly licensed and approved dealer under Section 4.
• (d) Devices designed to convert a firearm to automatic fire, and other items illegal where sold.

3.4 Adult and exploitative content and services

• (a) Child sexual abuse material, or any content that sexualizes minors (zero tolerance; we report to authorities).
• (b) Content or services involving non-consensual acts, sexual violence, bestiality, incest, or the distribution of intimate images without consent.
• (c) Prostitution, escort services and sexual services, and human trafficking in any form.
• (d) Adult content where performers' age, identity and consent are not verified and documented.

3.5 Gambling

• (a) Gambling, betting, lotteries, casinos, sweepstakes requiring a purchase, fantasy sports with prizes, and games of chance or skill with cash or cash-equivalent prizes, that are not licensed where the business and its Customers are located.

3.6 Financial and regulated services

• (a) Money transmission, money services, currency exchange, check cashing or prepaid access by a business without the required licenses and registrations.
• (b) Pyramid schemes, Ponzi schemes and "get rich quick" or guaranteed-income offers.
• (c) Unregistered securities offerings, binary options, and investment opportunities promising guaranteed returns.
• (d) Credit repair services and debt relief or settlement services that charge fees in advance where law prohibits it.
• (e) Payday or other loans made without required licenses, or in violation of interest rate or consumer lending laws.
• (f) Shell banks, anonymous or nested payment services, and services designed to hide the identity of the payer or payee.
• (g) Crypto-asset mixers or tumblers, and crypto-asset businesses without required licenses.

3.7 Fraud, deception and infringement

• (a) Sale of counterfeit or unauthorized goods, or goods or content that infringe intellectual property or publicity rights.
• (b) Fake identification, government documents, or documents intended for fraud (fake diplomas, fake reviews, fake invoices).
• (c) Stolen goods, stolen data, account credentials, hacking tools, malware, spyware or surveillance tools used without consent.
• (d) Technical support scams, government services impersonation, and fake charities.
• (e) Services that help others evade law, sanctions, taxes, or card network rules.

3.8 Hate, violence and terrorism

• (a) Content, products or organizations that promote violence, terrorism, or hatred against people based on protected characteristics.
• (b) Fundraising for, or payments to, terrorist organizations or sanctioned persons.

3.9 Wildlife and protected materials

• (a) Endangered or protected species, or products made from them (including ivory), in violation of law.

4. Restricted Businesses

The following businesses may use the Services only with our prior written approval, under a high-risk or custom Program, and only while they meet the conditions in this Section, the Approval Terms for their Account, and any requirements of our payment processors and sponsor banks. Approval is at our discretion and may be withdrawn under Section 11 of the Agreement.

Conditions that may apply to any Restricted Business: a Reserve and delayed payouts under Section 8 of the Agreement; lower Transaction and volume limits; ongoing website, marketing and compliance monitoring (scans and manual reviews), with findings that must be fixed by a due date; card network registration (for example, high-risk merchant registration) at your cost; proof of licenses and permits; supplier invoices and product testing documents; age verification at checkout; geographic restrictions on where you may sell; a Personal Guaranty; and higher pricing by quote.

4.1 Research peptides and research compounds (research use only)

Allowed only when all of the following are true, in addition to any conditions in your Approval Terms:

• (a) Products are sold strictly for laboratory and research use, clearly labeled "For research use only. Not for human or animal consumption." on the product page, label and checkout.
• (b) No dosing, administration, reconstitution-for-injection, cycle or protocol information, no "stacks", and no human-use, health, treatment, weight-loss, anti-aging or performance claims, anywhere on your website, social media, emails, packaging or customer support.
• (c) No sale of syringes, needles, injection pens or other administration supplies, alone or bundled with products as kits.
• (d) A certificate of analysis from an independent laboratory is available for each lot sold, and product identity and purity claims match it.
• (e) Customers must confirm they are 21 or older and that the products are for research use only before purchase, and you must record that confirmation.
• (f) Where we require it for your Program, you verify that buyers are businesses or research institutions before fulfilling orders.
• (g) You maintain the score or status we require under our compliance monitoring program, and fix flagged findings by the due date.

4.2 GLP-1 and other compounds associated with prescription drugs

Restricted under the strictest conditions in Section 4.1, and only where our payment processors and sponsor banks permit the category at the time. We may decline these businesses without review.

4.3 Hemp-derived CBD and hemp products

Products must contain no more than the federal limit of delta-9 THC on a dry-weight basis; independent lab results per batch; no disease or drug claims; age gating where required; and sales only where lawful. Intoxicating hemp-derived cannabinoids (such as delta-8 THC, THCA flower and similar) are Prohibited, unless our payment processors and sponsor banks permit the category at the time and we approve your Account for it in writing, in which case they are Restricted under the strictest conditions in Section 4.1.

4.4 Vapor, e-cigarette and tobacco products

Compliance with federal and state law, including age verification at sale and at delivery, required registrations and shipping restrictions for remote sales, and any required product authorizations; sales only where lawful.

4.5 Firearms, ammunition and weapon parts

Required federal and state licenses; compliance with transfer and background check requirements through a licensed dealer where required; no sales where prohibited.

4.6 Adult content and products

Age and consent verification of all performers with records kept as law requires; content moderation; clear billing descriptors; and compliance with card network requirements for adult merchants.

4.7 Licensed gambling and skill gaming

Valid licenses in every jurisdiction where offered; geolocation and age verification; responsible gaming controls.

4.8 Crypto-asset and other financial services

Required licenses and registrations, including money services business registration where required; anti-money laundering and sanctions program; no prohibited items in Section 3.6.

4.9 Pharmacies, telehealth and medical services

State licenses for the pharmacy, prescribers and practitioners in each state served; valid prescriptions; accreditation or certification where our payment processors require it; no prescription without a valid practitioner relationship.

4.10 Dietary supplements, nutraceuticals and wellness products

Substantiated claims only, no disease claims; for any subscription or trial offer, full compliance with Section 2.5.

4.11 Other Restricted Businesses

• (a) Subscription, membership and continuity programs with free or discounted trials.
• (b) Travel, timeshares, airlines and event tickets (including ticket resale), and other future-delivery businesses with long delivery periods.
• (c) Dating services and social networking with paid features.
• (d) Multi-level marketing and direct sales (not pyramid schemes).
• (e) Debt collection, loan brokers and lenders with required licenses.
• (f) Alcohol (with licenses and age verification).
• (g) Kratom and other botanicals subject to state restrictions.
• (h) Gift cards, stored value and prepaid products (other than your own gift cards for your own goods).
• (i) Outbound telemarketing and businesses that sell by phone.
• (j) Penny auctions, bidding fee auctions and sweepstakes without purchase.
• (k) Charities and political organizations (with registrations and proof of status).
• (l) Firearms accessories, knives and self-defense products where restricted by law.
• (m) Businesses with a history of high chargebacks, or on a card network monitoring program at a prior processor.

5. Standard Program exclusions

The Standard Program (2.75% + $0.30) is only for lower-risk online businesses that meet its underwriting criteria. Approval may be automatic or may follow review. The following cannot be approved for the Standard Program. Some of them may apply for a high-risk or custom Program and may be approved under Section 4.

• (a) Every Restricted Business in Section 4, including research peptides and research compounds, GLP-1 related compounds, CBD and hemp products, vapor and tobacco products, firearms and weapons, adult content and products, gambling, and crypto-asset or other financial services.
• (b) Businesses that sell mostly for future delivery (for example, pre-orders or services delivered more than 30 days after payment).
• (c) Businesses whose expected average ticket or monthly volume exceeds the Standard Program limits shown at application.
• (d) Businesses, or Principals, with a prior processing termination, a MATCH listing, or a chargeback rate above the card network thresholds in the last 12 months.
• (e) Businesses that do not have a working website with the disclosures required by Section 5.2 of the Agreement.

6. What happens if you breach this list

6.1 Our actions. If we determine that you are operating a Prohibited Business, an unapproved Restricted Business, or a Restricted Business that does not meet its conditions, or that you have engaged in a practice in Section 2, we may, as described in Sections 8 and 11 of the Agreement: send an Information Request; require changes by a due date; refuse or hold Transactions; set or increase a Reserve; delay or pause payouts; suspend your Account; or terminate your Account. You are responsible for any resulting Fines and Assessments, Chargebacks and refunds. Termination for certain reasons may require a report to MATCH or a similar card network list (Section 12 of the Agreement). We may also report illegal activity to law enforcement. Held funds are released under Section 8.8 of the Agreement.

6.2 Funds from prohibited sales. Transactions for a Prohibited Business, an unapproved Restricted Business or a product outside your written approval are a breach of the Agreement when they are made. We may treat their proceeds as Exposure under Section 8 of the Agreement (reason category 6, and category 7 where a card network, payment processor or sponsor bank is involved) and hold them within the maximum periods in Section 8.8, apply them to Chargebacks, refunds and Fines and Assessments, and refund them to the Customers where the goods or services were not delivered or where a card network, payment processor or sponsor bank requires it.

6.3 No approval by silence. If we do not act at once on a business or practice that breaches this list, we have not approved it, and we may still act on it later.

7. Questions

If you are not sure whether your business or a product is allowed, contact us at compliance@useattestly.com before you sell it through the Services. A written answer from us applies only to the facts you described.