NEON ACCOUNT HOLDER TERMS OF USE
Last Updated: Feb 28, 2023
Welcome to your Neon Account. Neon is an e-commerce payment platform making online buying easy, trusted, and consistent for gamers. Neon offers an end-to-end checkout platform that makes the buying experience easier than ever with a one-click, password-less login. You then have the opportunity to create an account with a one-click checkout.
BY CREATING A NEON ACCOUNT (DEFINED BELOW) AND CHECKING THIS BOX, I AGREE TO NEON’S ACCOUNT HOLDER TERMS OF USE (THE “TERMS”) AND ACKNOWLEDGE THAT I HAVE REVIEWED THE GLBA NOTICE & PRIVACY POLICY. I ALSO CONSENT TO THE ELECTRONIC DELIVERY OF COMMUNICATIONS AS DESCRIBED IN SECTION 15.1 OF THE NEON TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS A NEON ACCOUNT IN ANY MANNER.
Please read through these Terms that govern your use of our Neon payment account services via the Site, in connection with your Neon Account (“Neon Account”). The Services include functionality to enable individuals who have signed up for a Neon Account (“Account Holder”, or collectively, “Account Holders”), to make payments to merchants who are selling Products via the Site (each a “Merchant” or collectively, “Merchants”) using payment processing services provided by or through Neon. These Terms are Supplemental Terms to the Neon Terms of Use Agreement (“Agreement”) found at: https://neonpay.com/legal/terms and are incorporated into such Agreement. Capitalized terms used in these Terms but not defined herein shall have the meaning ascribed to such terms found elsewhere in the Agreement. If you are a Merchant, please see your Neon Merchant Program Evaluation Agreement which are the terms that apply to you in your capacity as a Merchant. These Terms are a binding contract between you and Neon Commerce, Inc. (collectively, “Neon” “we” “us” and “our”). The words “you” and “your” refer to the Account Holder of the Services, and to any successor in interest of any such user.
1. Neon Account
1.1 You may choose to create a Neon Account when you complete a transaction via our Services. By agreeing to create a Neon Account, you authorize Neon to receive and store the information you submit in connection with your payment, including without limitation applicable credit or debit card information (“Payment Information”). This information, as well as any other information saved with the Merchant and passed to us to process your payment, may be made a part of your Neon Account that can be used for future purchases using your Neon Account. Your Neon Account remembers important details like shipping and Payment Information, so you get a one-click, password-less experience that effortlessly moves you through the purchase process. You can update your Payment Information on file with Neon at any time on the order review screen within checkout. Only one credit or debit card can be stored in your Neon Account at any given time.
2. Communications
2.1 In order to communicate with you, you consent to accept and receive communications from us, including e-mail, text messages,, and push notifications to the cellular telephone number you provide to us. These communications may be generated by for the purposes of authentication, receipts, reminders, and other notifications associated with your Neon Account and transactions. You consent to accept and receive communications from us using the email address and phone number you provide. We may also send you transactional text messages and emails for the purpose of verifying your Neon Account or notifying you about transactions you place on Merchant or partner websites. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
2.2 You may opt-out of receiving communications by following the unsubscribe options we provide to you in each form of communication or emailing support@neonpay.com. You acknowledge that opting out of receiving communications may impact your use of our Services. Depending on your current carrier plan, you may incur charges for text messages or e-mail and agree you will not hold, nor participate in any action which seeks to hold, Neon liable for any charges incurred. You acknowledge that any terms between you and any third party provider (for example, Apple®, Android™, or Verizon®) create no obligation or responsibility on the part of Neon, and that Neon is not responsible for any failure of warranty by any such third party. Neon cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
3. Your Registration and Use of Your Neon Account
As a Neon Account Holder, you represent, warrant, and agree to the following:
3.1 You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”). You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You agree not to create a Neon Account using a false identity or false information, or on behalf of someone other than yourself. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Neon has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current, or incomplete, Neon has the right to suspend or terminate your Neon Account and refuse any and all current or future use of the Services (or any portion thereof). Neon reserves the right, but has no obligation, to request additional information from you to verify your identity in order to comply with laws and regulations governing payments, safeguard the integrity of the Services, and reduce the risk of fraud, money laundering, terrorist financing, and the violation of trade sanctions. Information that we may request, or seek to confirm, may include your full legal name, mailing address, phone number, date of birth, taxpayer identification number (e.g., Social Security Number), bank account information, and a form of government-issued identification.
3.2 YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE UNDER 18, YOU ARE USING THE SERVICES UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, WHO AGREES TO THIS AGREEMENT ON BEHALF OF THEMSELVES AND ON BEHALF OF YOU, THE ACCOUNT HOLDER, AND WHO HAS THE RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF THEMSELVES AND YOU, THE ACCOUNT HOLDER.
3.3 You represent that you are not barred from using Neon’s Services or a Neon Account under the laws of the United States, your place of residence or any other applicable jurisdiction.
3.4 You agree that you shall monitor your Neon Account to restrict use by any other persons, including minors, and you will accept full responsibility for any such unauthorized use. You are responsible for all activities that occur under your Neon Account.
3.5 You may not share your Neon Account login or one-time passwords with anyone, and you agree to (i) notify Neon immediately of any unauthorized or any other breach of security; and (ii) exit from your Neon Account at the end of each session. You must protect the security of your Neon Account details. You may not transfer your Neon Account to anyone
3.6 You agree that you shall not have more than one Neon Account at any given time. Neon reserves the right to remove or reclaim an account at any time and for any reason, including but not limited to, claims by a third party that an account violates the third party’s rights.
3.7 You agree not to create a Neon Account or use the Services if you have been previously removed by Neon, or if you have been previously banned from any of the Services.
3.8 You will only use the Neon Account for your own internal, personal, non-commercial use, and only in a manner that complies with all applicable laws including export laws.
3.9 Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Neon Account, and you further acknowledge and agree that all rights in and to your Neon Account are and shall forever be owned by and inure to the benefit of Neon.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. Neon reserves the right to bar any such activity and to pursue damages from you for such activity as set forth herein.
4. Payment Terms
4.1 By storing your Payment Information in your Neon Account, you agree that we may charge you for each transaction using the stored Payment Information. You agree that we are authorized to immediately charge you for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. When you complete a transaction using your Neon Account, you agree that Neon may use the information stored in your Neon Account to initiate the payment process for your transaction and to fulfill the order. You agree to notify Neon of any change in your Payment Information through your account modification process or by notifying Neon through email at support@neonpay.com. You hereby consent and authorize us to share any information and payment instructions you provide to complete your transactions. You also agree that Neon may update your Payment Information, including payment card expiration date and card number, based on information received from your card issuer under certain account updater programs created by payment networks that help to prevent payment failures and the inability to use your Neon Account. You will be able to view these changes in your Neon Account.
4.2 In order for Neon to verify your account, you will be required to provide a mobile phone number and enter the One Time Passcode (“OTP”) that we send to that mobile phone number. By providing your phone number, you consent to receive a text and OTP from us as provided herein. We may require additional information to complete your order.
4.3 You may only use the Services to facilitate transactions for a Product that is purchased by you through a legitimate, bona fide sale. Neon may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of payment transactions during one or more specified time periods. You may not use the Service to process transactions in connection with an illegal transaction nor the sale or exchange of any illegal or prohibited goods or services.
4.4 You agree not to accept cash or any other consideration in exchange for a refund or chargeback in connection with a Product paid unless required by law. You acknowledge that even if a Merchant’s refund/cancellation policy prohibits returns or cancellations, Neon may still receive chargebacks relating to transactions. Neon may reject or delay a refund request from any party through the Service if Neon is unable to obtain sufficient funds from the Merchant to fund the refund.
4.5 Neon is not a party to any cardholder agreements, privacy policy or other terms of use associated with your credit or debit card on file in your Neon Account. Nothing in these Terms modifies any such issuer terms. In the event of any inconsistency between these Terms and your card issuer’s terms or privacy policy, these Terms will govern the relationship between you and Neon with respect to your Neon Account and the Services, and your card issuer’s terms will govern the relationship between you and the issuer. Neon does not make any representation or verify that your credit or debit card account is in good standing or that the issuer of the payment method will authorize or approve any transaction when you use your Neon Account to pay for that transaction.
5. Account Termination
You can close your Neon Account at any time by contacting support@neonpay.com, but You will remain liable for any and all obligations related to transactions conducted using your Neon Account even after your Neon Account is closed, including but not limited to reversals, chargebacks, fees, fines, penalties and other liability incurred by Neon or any third party, caused by or arising out of Your breach of these Terms. If you close your Neon Account, you may still be able to make purchases using the Services, but you will have to re-represent any requested Payment Information in order to do so. Neon may suspend or terminate your Neon Account (as well as access to any other aspect of the Services) at any time for any reason in our sole discretion, including for any use of the Neon Account or the Services in violation of the Terms. You understand that any termination of your Neon Account may involve deletion of any content associated with your Neon Account. Neon will not have any liability whatsoever to you for closing your Neon Account. Even after your rights under these Terms are terminated, any provisions which should naturally survive any termination or expiration shall survive such termination or expiration. Without limiting the foregoing, Neon may terminate its provision of the Neon Account, or modify the features of the account, in the even that any relevant legal, regulatory, or other requirements applicable to Neon have changed or are interpreted in a manner that makes it impossible or impracticable for Neon to continue providing the services as set forth in these Terms.
