Terms of Use
Last updated: 4 May 2026
1. Introduction
1.1 These Terms of Use (“Terms”) govern access to and use of the website https://fmpay.eu (the “Website”).
1.2 The Website is operated by FM FINANCE (MALTA) LTD, trading as FMPay (“FMPay”, “the Company”, “we”, “us”, “our”), a private limited liability company registered in Malta with company registration number C 102960 and registered office at Office 09, Level 2, Northlink Business Centre, Burmarrad Road, Naxxar, NXR 6345, Malta.
1.3 FMPay is authorised by the Malta Financial Services Authority (“MFSA”) as a Payment Institution under the Financial Institutions Act (Chapter 376 of the Laws of Malta), licence reference FFML-24932. The MFSA maintains the public Financial Services Register at www.mfsa.mt.
1.4 By accessing or using the Website, the user (“you”) acknowledges that these Terms have been read, understood and accepted. If you do not agree with these Terms, you must not use the Website.
1.5 These Terms apply to general use of the Website only. Authenticated dashboards, customer portals or other online interfaces are governed by separate agreements. Where a merchant, applicant or other customer enters into a separate agreement with FMPay, that agreement governs the regulated service relationship and prevails in the event of inconsistency.
1.6 These Terms reference and incorporate the FMPay Privacy Notice and Cookie Policy, both available on the Website.
2. Regulatory status
2.1 FMPay is authorised and supervised by the MFSA. The MFSA is the competent authority in Malta for credit institutions, financial institutions and payment institutions under the Maltese financial services framework.
2.2 FMPay’s authorisation status can be verified via the MFSA’s Financial Services Register at www.mfsa.mt.
2.3 Nothing on the Website constitutes a representation that any service is available in every jurisdiction or to every applicant. Access to regulated services is subject to onboarding, due diligence, legal and regulatory restrictions, risk acceptance, and contract approval.
3. Website purpose
3.1 The Website provides general information about FMPay, its business, and its services.
3.2 Website content is provided for general informational purposes only and does not constitute legal, tax, investment, regulatory, accounting or other professional advice.
3.3 Accessing the Website, sending an enquiry, or submitting contact details does not by itself create a client, merchant, account, agency, fiduciary or advisory relationship between you and FMPay.
4. Eligibility and acceptable use
4.1 The Website may be used only by persons who are at least 18 years of age and have legal capacity to enter into binding contracts under applicable law.
4.2 You agree not to:
use the Website for unlawful, fraudulent, misleading or abusive purposes;
interfere with the security, integrity or proper operation of the Website;
attempt unauthorised access to any system, account, data, server or network;
upload or transmit malware, malicious code, viruses, worms, time bombs, trojans or other harmful material;
use any robot, spider, scraper, crawler, data-mining tool, or other automated means to access, index, copy, harvest or extract Website content, including for the purpose of training machine-learning or artificial-intelligence models, except with prior written consent;
reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Website;
use the Website in a way that infringes the rights of FMPay or any third party.
4.3 FMPay may suspend, restrict or terminate access to the Website at any time where reasonably necessary for security, maintenance, operational, legal or regulatory reasons, without liability.
5. No offer and no reliance
5.1 Nothing on the Website constitutes:
an offer to provide services to any person;
a binding commitment to onboard any merchant, applicant or customer;
a solicitation in any jurisdiction where such activity would be unlawful; or
advice on which any person should rely without taking independent professional advice.
5.2 While reasonable efforts are made to keep Website information current and accurate, no guarantee is given that the Website will always be complete, accurate, current, secure or error-free.
5.3 Decisions taken on the basis of Website content are taken at your own risk.
6. Applications and merchant onboarding
6.1 Any application for FMPay services is subject to review, due diligence, screening, underwriting, customer due diligence and ongoing monitoring under the Prevention of Money Laundering Act and the Implementing Procedures, sanctions screening, commercial assessment and approval.
6.2 FMPay may decline any application or discontinue any onboarding process at its discretion, subject to applicable law and contractual obligations.
6.3 Separate commercial terms, service agreements, policies, and onboarding documents apply to applicants and customers.
7. Intellectual property
7.1 All intellectual property rights in the Website, including text, branding, logos, trade marks (whether registered or unregistered), graphics, layout, software, databases and content, belong to FMPay or its licensors. All rights are reserved.
7.2 A limited, revocable, non-exclusive and non-transferable right is granted to access the Website, to print one copy of any page and to download extracts for personal use or to draw the attention of others within your organisation to content posted on the Website.
7.3 Except as expressly permitted by these Terms or by mandatory law, no Website content may be copied, reproduced, republished, uploaded, posted, transmitted, adapted, distributed, exploited or used for commercial purposes without the prior written consent of FMPay.
7.4 FMPay’s name, logo and product marks are trade marks of FMPay or its group companies. They may not be used without prior written consent.
8. Third-party materials and linking
8.1 The Website may contain links to third-party websites, platforms or materials. FMPay is not responsible for third-party content, availability, security, privacy practices or accuracy.
8.2 A link to a third-party site does not imply endorsement, approval or affiliation unless expressly stated.
8.3 You may link to the Website’s home page provided that the link is fair, lawful and does not damage FMPay’s reputation or suggest any form of association, approval or endorsement that does not exist. The Website must not be framed on any other site. FMPay reserves the right to require removal of any link without notice.
9. Privacy and data protection
9.1 Personal data processed through the Website is handled in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679), the Data Protection Act (Chapter 586 of the Laws of Malta) and other applicable data protection law.
9.2 Further information on how personal data is collected, used and disclosed is set out in the FMPay Privacy Notice, available on the Website.
9.3 Where you provide information through the Website, you confirm that the information is accurate and that disclosure is lawful.
10. Cookies
10.1 The Website uses cookies and similar technologies for functionality, analytics, security and user-experience purposes.
10.2 Details of cookie categories, purposes, retention and consent options are set out in the FMPay Cookie Policy and managed via the cookie banner on the Website.
11. Availability and security
11.1 FMPay does not guarantee uninterrupted availability of the Website. Maintenance, technical faults, cyber incidents, third-party outages or other events may affect access, functionality or performance.
11.2 FMPay implements appropriate technical and organisational measures, in line with Article 32 GDPR and applicable security requirements, to protect the Website. No internet-based service can, however, be guaranteed fully secure.
11.3 FMPay shall not be liable for any failure or delay caused by events beyond its reasonable control, including acts of God, governmental action, war, terrorism, civil unrest, labour disputes, communications or utility failures, or third-party service interruptions.
12. Disclaimer of warranties
12.1 To the fullest extent permitted by law, the Website is provided on an “as is” and “as available” basis.
12.2 No warranty, representation or undertaking is given, express or implied, regarding merchantability, fitness for a particular purpose, non-infringement, availability, compatibility, accuracy or reliability of the Website or its content.
12.3 Nothing in these Terms excludes or limits any obligation or liability that cannot lawfully be excluded under applicable law, including statutory rights of consumers under Maltese consumer protection law.
13. Limitation of liability and indemnity
13.1 Nothing in these Terms excludes or limits FMPay’s liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded under Maltese law or under FMPay’s obligations as an authorised Payment Institution.
13.2 Subject to clause 13.1, FMPay, its directors, officers, employees, agents, licensors and service providers shall not be liable to you (whether in contract, tort, breach of statutory duty or otherwise) for:
any indirect, consequential, special or punitive loss;
loss of profit, revenue, business, anticipated savings, goodwill or reputation;
loss or corruption of data;
loss arising from third-party services or third-party content;
loss caused by viruses, denial-of-service attacks or other technologically harmful material that may affect your equipment or data.
13.3 FMPay’s aggregate liability arising in connection with your use of the Website, to the extent not excluded above, is limited to one hundred euro (€100).
13.4 You agree to indemnify and hold FMPay, its group companies and their respective directors, officers, employees, agents and licensors harmless from and against all claims, losses, costs, expenses (including reasonable legal fees) and liabilities arising out of (a) your breach of these Terms, (b) your unlawful use of the Website, or (c) your infringement of any third-party right.
14. Changes to the Terms
14.1 FMPay may revise these Terms at any time by updating this page. The “Last updated” date at the top reflects the date of the most recent revision.
14.2 Continued use of the Website after revised Terms are published constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Website.
15. Complaints
15.1 If you have a complaint about FMPay or its services, please contact us in writing in English at complaints@fmpay.eu, including your name and contact details, the nature of the complaint, a description of the relevant facts, and copies of any supporting documentation.
15.2 FMPay aims to provide a final response by email within fifteen (15) Business Days of receipt of the complaint. Where, in exceptional circumstances and for reasons beyond our control, more time is required, we will issue a holding reply within fifteen (15) Business Days indicating when a final response is expected, which will be no later than thirty-five (35) Business Days from the date of receipt.
15.3 If you remain dissatisfied with the response, you may refer the matter to the Office of the Arbiter for Financial Services:
Office of the Arbiter for Financial Services, First Floor, Pjazza San Kalċidonju, Floriana FRN 1530, Malta.
Website: www.financialarbiter.org.mt
16. Governing law and jurisdiction
16.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims arising from or in connection with them) are governed by Maltese law.
16.2 You and FMPay irrevocably agree to the exclusive jurisdiction of the courts of Malta in respect of any dispute or claim arising from or in connection with these Terms, save that nothing in this clause restricts FMPay’s ability to bring proceedings in any other court of competent jurisdiction.
17. General
17.1 Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
17.2 Entire agreement. These Terms, together with the Privacy Notice and Cookie Policy, constitute the entire agreement between you and FMPay concerning your use of the Website and supersede all prior or contemporaneous communications.
17.3 Assignment. You may not assign or transfer your rights or obligations under these Terms without FMPay’s prior written consent. FMPay may assign, transfer or sub-contract any or all of its rights or obligations under these Terms without restriction.
17.4 No waiver. Any failure or delay by FMPay in enforcing any right under these Terms shall not constitute a waiver of that right.
17.5 Electronic communications. By using the Website you consent to receive communications from FMPay electronically. Electronic notices, agreements and disclosures satisfy any legal requirement that such communications be in writing.
17.6 Language. These Terms are issued in English. Where translations are provided for convenience, the English version prevails in the event of inconsistency.
17.7 Notices. Notices to FMPay should be sent to legal@fmpay.eu or to FMPay’s registered office address set out in clause 1.2.
18. Contact
FM FINANCE (MALTA) LTD
Office 09, Level 2, Northlink Business Centre, Burmarrad Road, Naxxar, NXR 6345, Malta
Email: info@fmpay.eu
Authorised by the Malta Financial Services Authority — licence reference FFML-24932.