Terms of Service

Merchant Whisperer Terms of Service. Effective date: October 23, 2026

1. Who we are; your agreement to these Terms

These Terms of Service ("Terms") govern your use of merchantwhisperer.com (the "Site") and your purchase of the Merchant Processing Fee Evaluation (the "Evaluation"). The Site and the Evaluation are provided by Living Out US, LLC, a Wyoming limited liability company, doing business as Merchant Whisperer ("Merchant Whisperer," "we," "us," "our"). Merchant Whisperer is a trade name of Living Out US, LLC.

By using the Site, submitting the Qualify form, or purchasing the Evaluation, you agree to these Terms, our Privacy Policy, and our Refund & Cancellation Policy, each of which is part of these Terms. You accept these Terms and the Refund & Cancellation Policy when you tick the required checkbox at checkout. If you do not agree, please do not use the Site or buy the Evaluation. If you accept on behalf of a business, you confirm that you are authorized to bind it.

Please read Section 17 carefully. It requires individual binding arbitration and includes a class action waiver, which limit your right to go to court and to join class actions.

2. What we do, and what we do not do

We provide payment-processing cost consulting. We review what you pay to accept cards, give you written recommendations, and, if you choose, may help you pursue lower fees under a separate written agreement.

We are not a payment processor, payment facilitator, acquirer, or bank. We never hold, receive, or move your processing funds, your settlements, or your customers' payments, and we never need access that would let us do so. The only money we collect from you is the fee for our own services.

We do not guarantee any savings, rate reduction, approval, or outcome. Results depend on your volumes, card mix, risk profile, contract terms, and the decisions of third parties such as your processor. Information on the Site and in any report is general business information, not legal, tax, accounting, or financial advice. Please consult your own professionals.

3. Who may use the Site

The Site is for businesses and their authorized representatives who are at least 18 years old and operate in the United States. Our service is designed for merchants processing roughly $50,000 or more per month in card volume. This is a guideline, not a promise of eligibility. Submitting the Qualify form does not create a client relationship or obligate either of us. We may accept, decline, or defer any inquiry. If we decline to perform an Evaluation after you have paid, we will refund you in full.

4. The Evaluation

4.1 What you receive. A written report with a scorecard and recommendations, based on the processing statements you submit. The report has 13 sections, described here in plain words:

1. Recommended Path: the next step we recommend for your account.
2. Strategy to Fix and Qualify (Prioritized): the actions to lower your costs or improve your chances of better processing terms, in order of priority.
3. Executive Summary: a short overview of what we found.
4. Merchant Profile and Data Reviewed: the picture of your business we worked from, and the statements and data we reviewed.
5. Effective Rate Analysis: what you actually pay, all in, as a percentage of your card volume.
6. Fee Audit (Line by Line): a review of each fee on your statements.
7. Pricing Model Assessment: how your processor prices your account and whether that model fits your business.
8. Savings Opportunities (With the Math): where you may be able to save, with the calculations shown.
9. Risk and Underwriting Readiness: how processors and banks may view the risk of your business, and how prepared you are.
10. Payment Processing Risk Score: a score for the risks in how your business processes payments.
11. Compliance Risk Score: a score for compliance risks in your payment practices.
12. Qualification Result: our conclusion on whether your business currently qualifies for improved processing terms.
13. Assumptions, Disclaimers and Disclosures: the assumptions we made, the limits of the report, and required disclosures.

4.2 How it works.

1. You pay the one-time $300 fee using our payment link.
2. You submit the required statements within 30 days of your order date (and, at the latest, within 90 days; see Section 6).
3. We deliver your written report within 7 days after we receive the required statements.

4.3 Required statements. The required statements are the most recent 3 months of processing statements for each processing account you want reviewed, in PDF or processor-issued CSV. Submit them by email to [email protected] or through a secure upload link we provide. Please redact full card numbers before sending. If anything is missing or unreadable, we will tell you what we need, and the 7-day delivery period starts when we have everything required.

4.4 Delivery. We deliver your report as a file in Google Drive shared only with the email address you used at purchase, or through an equivalent secure download link we send to that address. Delivery is complete when we share the report to that email address, whether or not you open it, and we record delivery and access as confirmation of delivery. Please make sure your email address is correct and check your spam folder. "Days" in this section means calendar days.

4.5 Your information drives the result. We rely on what you give us. We do not audit your statements or verify them with your processor, and the report reflects only the information provided as of its date.

4.6 Using the report. The report is for your internal business use. You may share it with your own advisers and with your processor. You may not publish or resell it.

4.7 The Evaluation is a standalone service. It is not part of, and does not obligate you to purchase, any advisory engagement.

4.8 How we review your statements. We use artificial intelligence (AI) tools, together with our contractors, to review your statements and help generate your report. By submitting statements, you authorize this processing. Section 10 and our Privacy Policy explain how we protect your information.

5. Price and payment

5.1 Price. The Evaluation is $300 USD, a one-time charge. There is no subscription, no recurring billing, and no automatic renewal. The price shown at checkout is the total price and includes all mandatory fees we charge.

5.2 How you pay. Payment is taken through a payment link hosted by Airwallex, which accepts major credit and debit cards, Apple Pay, and Google Pay. You enter payment details on Airwallex's page. We do not receive or store your full card number or security code. Airwallex's terms and privacy notice apply to its handling of your payment details. Refund and cancellation terms are the same whatever payment method you use.

5.3 What you will see on your statement. The charge will appear as MERCHANT WHISPERER.

5.4 Authorization and acceptance at checkout. By paying, you authorize a single charge of $300 for one Evaluation. You must tick the required checkbox at checkout to accept these Terms and the Refund & Cancellation Policy before you pay, and we keep a record of your acceptance.

5.5 Billing issues and card disputes. The charge will appear on your statement as MERCHANT WHISPERER. If you do not recognize a charge or believe it is wrong, please contact us first at [email protected], before you contact your bank or card issuer or file a dispute, so we can resolve it quickly. You agree to give us a reasonable opportunity to respond. If a dispute is filed anyway, we will give the card network or your bank the order record, your checkbox acceptance, our delivery and access records, and these Terms.

6. Refunds and cancellation

Refunds and cancellation are governed by our Refund & Cancellation Policy, which is part of these Terms. In summary: you may request a full refund within 30 days of your order date if you have not yet submitted your statements; after day 30 without statements a refund is no longer available, but if you submit statements within 90 days of your order date we still complete the Evaluation at no additional charge; after 90 days without statements the order expires with no refund or credit; and once we receive your statements the fee is non-refundable. No refunds are provided after the report has been delivered to the client (delivery is complete when we share the report to your email address; see Section 4.4). If these Terms and the Refund & Cancellation Policy conflict, the Refund & Cancellation Policy controls.

7. Optional advisory engagement (success fee)

After an Evaluation, and only if there is a fit, we may offer an optional advisory engagement to help you pursue lower processing fees. If you choose it, the fee is 35% of the reduction in your processing fees, for one year, based on verified savings. "Verified savings" means the reduction in your processing costs, measured against the baseline set out in your written agreement and confirmed by your processor statements after the change takes effect.

The advisory engagement exists only under a separate written agreement with us (the "Advisory Agreement"). That agreement alone governs the baseline, how savings are verified, and how and when fees are billed. Disputes are resolved as Section 17 provides. Nothing in these Terms or on the Site obligates you to enter into an Advisory Agreement, and we charge no success fee unless you sign one.

8. How we are paid; affiliations

We are paid only by you, for our services. We do not receive residuals, referral fees, or other compensation from your current processor for negotiating your rates with it. If we recommend that you move to a new processor or merchant account, we will disclose in writing at that time, before you decide, any affiliate relationship or compensation we or an affiliate may have in connection with that recommendation.

9. Your responsibilities

You agree that: the information and statements you submit are accurate and complete; you are authorized to submit them for your business and (where your agreements require) have your processor's permission to share them; and you will not send us full payment card numbers, security codes, bank login credentials, passwords, or Social Security numbers.

10. Confidentiality of your statements

Your processing statements and the information in them are your confidential business information. We use them only to perform the Evaluation and any advisory engagement you request, and we do not use them for marketing or for any other purpose. We share them only with our contractors and service providers (including the providers of the AI tools described in our Privacy Policy) who need them for those purposes and are bound by confidentiality obligations, with professional advisers under confidentiality, or as required by law. We do not give your statements or report to your processor or any other third party unless you ask us to or authorize it in writing. We delete statements no later than 3 months after we receive them, as our Privacy Policy describes. Our Privacy Policy also explains how we handle personal information more generally.

11. Acceptable use

Please do not: use the Site unlawfully or to defraud anyone; submit false or misleading information or statements you are not authorized to share; interfere with or probe the security of the Site (including the bot protection on the Qualify form); scrape or copy the Site by automated means beyond ordinary search-engine indexing; transmit malware; or use the Site or our reports to build a competing service.

12. Intellectual property; feedback

The Site and its content, text, graphics, branding, and layout belong to us or our licensors and are protected by law. You may view and print Site content for your own internal evaluation of our services. Subject to Section 4.6, the report delivered to you is yours to use for your internal business purposes; we keep our methods, templates, and scorecard design. If you send us ideas or feedback, you grant us a non-exclusive, perpetual, royalty-free license to use them without obligation to you. This does not apply to your confidential information under Section 10.

13. Third-party services and links

The Site and our process involve third-party services, including Airwallex (payments), our website and CRM platform, our email provider, Google (file sharing for report delivery), advertising platforms such as Meta and Google, and AI tool providers. We do not control third parties and are not responsible for their content, terms, or practices.

14. Disclaimers

THE SITE, THE EVALUATION, AND ALL REPORTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY REPORT OR RECOMMENDATION WILL RESULT IN ANY SAVINGS OR OUTCOME.

15. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, ARISING FROM THE SITE OR THE EVALUATION. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE FEES YOU PAID US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM (FOR THE EVALUATION, $300). Nothing in these Terms limits liability that cannot be limited under applicable law, including for fraud, willful injury, or violation of law.

16. Indemnity

You agree to defend and indemnify us against third-party claims arising from your breach of these Terms or from your submission of statements or information you were not authorized to share, except to the extent caused by our own wrongdoing.

17. Governing law and disputes

PLEASE READ THIS SECTION CAREFULLY. IT LIMITS YOUR RIGHT TO GO TO COURT AND TO JOIN CLASS ACTIONS.

17.1 Governing law. These Terms, the Refund & Cancellation Policy, and any Dispute (defined below) are governed by the laws of the State of Wyoming, without regard to conflict-of-laws rules. The Federal Arbitration Act governs Section 17.3.

17.2 Talk to us first. Before starting arbitration, please email [email protected] and describe the problem. We will try in good faith to resolve it within 30 days.

17.3 Mandatory individual binding arbitration. Except as stated in Section 17.5, you and we agree that any dispute, claim, or controversy arising out of or relating to the Site, the Evaluation, these Terms, the Refund & Cancellation Policy, the Privacy Policy, or any Advisory Agreement, including its formation, scope, or enforceability (a "Dispute"), will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its rules that apply to the Dispute and are in effect when the demand is filed. A single arbitrator will decide the Dispute. The arbitration will be conducted by video conference or telephone unless the arbitrator decides an in-person hearing is needed, in which case it will be held in San Diego County, California. AAA fees are allocated under its rules, and the arbitrator may award fees and costs as the rules and applicable law allow. Judgment on the award may be entered in any court with jurisdiction.

17.4 Class action waiver. To the fullest extent permitted by law, all Disputes must be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. The arbitrator may not consolidate the claims of more than one person or preside over any class or representative proceeding. If this waiver is found unenforceable as to a claim or request for relief, that claim or request will be severed and heard in court, and all other claims will proceed in arbitration.

17.5 Exceptions. Either of us may bring an individual claim in small-claims court, and either of us may seek court orders to protect intellectual property or confidential information.

17.6 Advisory Agreement. This Section 17 applies to any Dispute arising under an Advisory Agreement. If an Advisory Agreement contains its own dispute-resolution terms that conflict with this Section 17, that Advisory Agreement controls for Disputes arising under it.

18. California notices; electronic communications

Under Cal. Civ. Code § 1789.3, California users may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; telephone (800) 952-5210. You agree that we may communicate with you electronically and that electronic notices satisfy any legal requirement that communications be in writing. We also send marketing emails as our Privacy Policy describes; every marketing email includes an unsubscribe link, and unsubscribing does not stop order, refund, or service messages.

19. Changes; general

We may update these Terms by posting a revised version with a new effective date. Material changes will be flagged on the Site. An Evaluation you have already purchased is governed by the Terms and Refund & Cancellation Policy in effect when you purchased it. If any provision is unenforceable, the rest remains in effect (subject to Section 17.4). A failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor. These Terms, the Privacy Policy, and the Refund & Cancellation Policy are the entire agreement regarding the Site and the Evaluation.

20. Contact

Living Out US, LLC, doing business as Merchant Whisperer 1914 Thomes Avenue, Suite 2, Cheyenne, WY 82001 [email protected] | (307) 509-0701