Swyftly
Swyftly

Acceptable Use Policy

Last Updated: May 26, 2026

This Acceptable Use Policy ("AUP") forms part of our Merchant Terms of Service and details the activities, conduct, and content that are prohibited on the Swyftly payment gateway (the "Services"). It implements obligations under the Anti-Money Laundering Act (AMLA), the Terrorist Financing Prevention and Suppression Act (TFPSA), BSP regulations, AMLC issuances, and Financial Action Task Force (FATF) recommendations, and reflects controls set out in our Money Laundering and Terrorist Financing Prevention Program (MTPP).

⚠Failure to comply with this AUP may result in immediate suspension or termination of your Merchant Account, freezing of settlements and reserves, forfeiture of funds, the filing of a Suspicious Transaction Report with the AMLC, and referral to the BSP, NBI, PNP, or other competent authorities.

1. Prohibited Activities and Businesses

You may not use the Services, directly or indirectly, in connection with any of the following:

Money Laundering, Terrorist Financing, and Predicate Crimes

  • Money laundering, terrorist financing, or proliferation financing in any form, whether placement, layering, or integration of illicit proceeds.
  • Transactions related to any predicate crime under the AMLA, including but not limited to kidnapping for ransom, drug trafficking, hijacking, destructive arson, murder, terrorism, conspiracy to commit terrorism, and the financing of terrorism.
  • Pyramid, Ponzi, or other unlawful investment schemes.
  • Transactions intended to evade tax, customs, or other reporting obligations.

Sanctions and High-Risk Counterparties

  • Transactions involving any individual, entity, vessel, or jurisdiction that is the subject of sanctions, including the OFAC list, the European Consolidated List, the UN Consolidated List of Terrorists, and the UK-HMT Financial Sanctions List.
  • Transactions with shell companies, including corporate customers that cannot be confirmed to be actively engaged in business in the jurisdictions in which they are formed and registered, and entities that appear to offer banking services without proper authority.
  • Transactions with counterparties whose Ultimate Beneficial Owner (UBO) cannot be reliably identified, or where the UBO is a Politically Exposed Person (PEP) without senior management approval and Enhanced Due Diligence (EDD).

Illegal and Non-Compliant Activities

  • Any activity that violates Philippine law, statute, ordinance, or regulation, including the AMLA, the Cybercrime Prevention Act, the Securities Regulation Code, the Consumer Act, and applicable tax laws.
  • Fraud, misrepresentation, false advertising, deceptive marketing, or sale of counterfeit, stolen, or trademark-infringing goods.
  • Transactions involving illegal drugs, regulated chemicals, firearms or weapons, ammunition, explosives, contraband, or other controlled substances without proper authority.
  • Human trafficking, modern slavery, child sexual abuse material, or exploitation of any kind.
  • Wildlife trafficking or trade in endangered species.

Regulated and High-Risk Activities (Without Required Licensure)

  • Gambling: Online gambling, betting, or games of chance without a valid, current license from PAGCOR or other competent authority.
  • Virtual Assets: Transactions involving cryptocurrencies or other virtual assets without a valid Virtual Asset Service Provider (VASP) registration from the BSP.
  • Financial Services: Lending, financing, investment, or money service business activity without an SEC, BSP, or other applicable license.
  • Insurance: Sale or distribution of insurance products without authorization from the Insurance Commission (IC).
  • Pharmaceuticals: Sale of prescription drugs, medical devices, or health products without authorization from the FDA Philippines.

Offensive and Harmful Content

  • Adult, pornographic, or obscene materials or services.
  • Content that promotes hate, violence, terrorism, or discrimination on the basis of race, ethnicity, religion, gender, sexual orientation, or disability.

Other Prohibited Uses

  • Transactions that do not represent a genuine, bona fide sale of goods or services by the Merchant, including factoring of third-party receivables or aggregation of payments on behalf of unrelated parties.
  • Maintaining or attempting to maintain multiple Merchant Accounts without prior written approval from Swyftly.
  • Structuring, splitting, or layering transactions to avoid reporting thresholds, including the PHP 500,000 Covered Transaction Reporting threshold.
  • Any attempt to reverse engineer, decompile, copy, or modify Swyftly's systems, code, or APIs, or to circumvent its security, fraud, or compliance controls.

2. Red Flags and Suspicious Transaction Indicators

The following non-exclusive list reflects red flags that may trigger enhanced review, account holds, or the filing of a Suspicious Transaction Report with the AMLC:

  • Transactions with no underlying legal or trade obligation, purpose, or economic justification.
  • Customers who cannot be properly identified, or whose information is inaccurate, inconsistent, or incomplete.
  • Amounts not commensurate with the Merchant's or end user's known business or financial capacity.
  • Transactions structured to avoid reporting requirements under the AMLA.
  • Activity that materially deviates from the Merchant's profile or historical transaction patterns.
  • Use of the same payment instrument across multiple unrelated accounts, sudden spikes in transaction size from a payer, or repeated maxed-out transactions in the same day.
  • Maxing out daily limits on accounts that are less than twenty-four (24) hours old.
  • Multiple transactions directed at a single recipient, or a sender who is also the beneficiary.
  • Senders or beneficiaries that appear to be shell companies or legal entities with no genuine business substance.
  • Chargeback rates exceeding two percent (2%) of transaction volume, or unusual volume increases of one hundred percent (100%) or more without prior notice.
  • Failure to present proper identification or to complete CDD, EDD, or OCDD requirements.

3. Compliance, Cooperation, and Audit

You must cooperate fully with all Swyftly, AMLC, BSP, NPC, NBI, PNP, court, and other lawful requests for information, audits, ocular inspections, site visits, or investigations into your compliance with this AUP, applicable laws, and the Merchant Terms of Service.

You must promptly notify Swyftly of any change in your business, ownership, control, regulatory status, address, or operational flow that may affect your risk profile or compliance posture, including any inquiry, sanction, or proceeding initiated by a regulator or law enforcement authority.

⚠Anti-Tipping Off: It is unlawful to disclose or warn any customer, related party, or third party that an investigation, Suspicious Transaction Report, freeze order, or inquiry is underway. Do not reference, discuss, or hint at such matters in any communication.

4. Enforcement

If we determine, in our sole discretion, that you have violated this AUP, we may take one or more of the following actions, in addition to any other remedies available at law or in equity:

  • Immediately suspend or terminate your Merchant Account and access to the Services.
  • Hold, freeze, or forfeit your settlements and reserves.
  • Reclassify the Merchant as high-risk and subject the relationship to Enhanced Due Diligence (EDD) and Enhanced Ongoing CDD (Enhanced OCDD).
  • File a Covered Transaction Report (CTR), Suspicious Transaction Report (STR), or comparable report with the AMLC.
  • Comply with Freeze Orders and asset preservation orders issued by the Court of Appeals upon AMLC's petition.
  • Report the activity to the BSP, AMLC, NPC, NBI, PNP, or other relevant authorities.
  • Pursue civil or criminal liability and any indemnification rights set out in the Merchant Terms of Service.