Terms of Service
This Terms of Service (“Agreement”) is a legally binding agreement between you and TiFi Pay (“TiFiPay” or “we” or “us”), and it applies to your use of the TiFi Pay application and the electronic funds transfer services (collectively, the “TiFi Pay App”). Funds transfers for the TiFi Pay App are performed by Stearns Bank NA (“Bank”) based on instructions issued through TiFi Pay’s software and the Banking-as-a-Service Platform provided by Productfy, Inc. (“Productfy”), one of our service providers (Bank and Productfy are collectively referred to herein as our "Service Providers" for the purpose of this Agreement). Please read this agreement carefully because it informs you of your rights and obligations for these transactions. You should keep this Agreement for future reference.By accessing or using the TiFi Pay App, you accept and agree to be bound by the terms and conditions described in this Agreement. If you do not agree, you are not permitted to use and you must immediately stop using the TiFi Pay App. We may amend this Agreement at any time and from time to time by posting a revised version on the TiFi Pay App. Amended terms are effective at the time we post them and your continued use of the TiFi Pay App constitutes your acceptance of any amended terms. We may provide you with notice regarding upcoming terms changes by email, text message or other means. This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. The TiFi Pay App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely as long as you are permitted by TiFi Pay to use the TiFi Pay App, we hereby permit you, on a limited, non-exclusively, revocable, non-transferable, non-sublicensable basis, to install and use the TiFi Pay App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the TiFi Pay App and remove (that is, uninstall and delete) the TiFi Pay App from your mobile device.
Using the TiFi Pay App
By using TiFi Pay’s software and the Banking-as-a-Service Platform provided by Productfy, you have the ability to send and receive electronic payments to users designated by you. By signing up for the TiFi Pay App, you are able to view and pay bills from merchants or payees you designate, by linking bank account(s) identified by you ("Linked Account"). You are also able to view your transaction history, set up recurring payments, and schedule future one time payments. All funds transfer services are provided by the Bank, as TiFi Pay and Productfy do not receive, hold, or transmit funds and are not licensed with the federal government, or any state or jurisdiction as money transmitters or money service businesses.
Privacy Policy
Please read the TiFi Pay Privacy Policy carefully for information relating to our collection, use, and disclosure of information used, stored, collected, or processed in or through the TiFi Pay App, including with respect to your personal information. By accessing or using the TiFi Pay App, you agree to TiFi Pay’s Privacy Policy. By using the TiFi Pay App, you agree to the Privacy Policies of our Partners. In using the TiFi Pay App, you understand and agree that transmissions over the internet are never completely secure or private and that any information you send via the TiFi Pay App may be read or intercepted by others, despite our efforts to protect such transmissions. You also understand and agree that you must do your part to protect the information and transmit it securely, such as by using up-to-date antivirus and anti-malware software and only using secure Wi-Fi.
Identity Verification and Information Accuracy
When you register for the TiFi Pay App, you are required to provide TiFi Pay with information that allows us to verify your identity, including, but not limited to: your name and a valid U.S. physical address (not including P.O. Boxes or commercial mail receiving agencies). You may be required to provide additional information or documentation to allow TiFi Pay to verify your identity and/or your account information. TiFi Pay may also verify your information against third party databases or other sources, and you authorize TiFi Pay to make such inquiries. TiFi Pay also will use third party databases to determine whether you are on any watch lists, including any lists maintained by the US Office of Foreign Assets Control. If your name appears on any such watch list, TiFi Pay reserves the right to terminate your access to the TiFi Pay App.You agree to provide true and accurate information to TiFi Pay and to keep your information updated at all times. You must also provide an accurate and current email address in order to receive communications from TiFi Pay electronically. You represent and warrant that any information you provide in connection with the TiFi Pay App is and will remain accurate and complete, and that you will maintain and update such information as needed.
Eligibility
You must be at least eighteen (18) years old (nineteen (19) years old in Alabama) to use the TiFi Pay App. By agreeing to this Agreement you represent and warrant to us: (i) that you are at least eighteen (18) years old (nineteen (19) years old in Alabama); (ii) that you have not previously been suspended, removed, or deactivated from TiFi Pay; (iii) that you are a legal resident of the United States; and (iv) that your registration and your use of TiFi Pay is in compliance with any and all applicable laws and regulations.
Data and password security
You may need to register to use all or part of the TiFI Pay App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not TiFi Pay, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account. You are responsible for the security of data in your possession or control and you are responsible for your compliance with all applicable laws and rules in connection with our use and/or collection of personal, financial, or transaction information. You are also responsible for maintaining adequate security and control of your TiFi Pay user name and password. If you share your TiFi Pay credentials with any other person (which we highly discourage), you are responsible for all activity conducted by that person, regardless of whether or not you authorized the activity. You must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your TiFi Pay App account.
Authorization to debit your linked financial institution account
If you link a financial institution account to your TiFi Pay account, the financial institution must be a state or federally-chartered institution in the U.S. When you make a payment that is funded by your financial institution account, you authorize TiFi Pay, through the Bank to initiate an electronic transfer from your Linked Account in the amount you specify. You also authorize TiFi Pay, through the Bank to credit your Linked Account for payments returned to us by a payee. You are solely responsible for complying with any terms set by your financial institution with respect to your Linked Account, including any terms regarding fees charged for insufficient funds or overdrafts. If you are entitled to an adjustment associated with a payment you made using the TiFi Pay App, you also authorize TiFi Pay and Bank to credit your Linked Account to complete that transaction.
Payment Accounts and Services
TiFiPay facilitates the payment of bills through the TiFi Pay App. No funds flow through accounts owned by TiFiPay during the processing of such payments; all funds flow through accounts owned by and held at Bank through a custodial account established “for the benefit of” TiFiPay's customers.
ACH Payments and Authorization
You agree that you will provide us with sufficient information to satisfy the requirements of the National Automated Clearing House Association Operating Rules and Guidelines (“Nacha Rules”) to create instructions to make or receive a payment through the Automated Clearing House (“ACH”) network. TiFi Pay has established cutoff times for receipt of payment instructions and you understand that TiFi Pay cannot and does not guarantee any specific time in which electronic funds transfers (“ACH transactions”) initiated through the TiFi Pay App will be completed. You understand that any payment instructions or activity performed using the TiFi Pay App shall be deemed authorized and valid and we are under no obligation to investigate the instruction or activity.Only when funds are transferred to the Bank’s account will the payment to your designated payee will be initiated. To fulfill the payment to the payee, the Bank will issue a payment (which may be made through one or more payment intermediaries) to the payee via a method that is acceptable to the payee, which will be by ACH to the payee’s bank account, provided the payee accepts the ACH payment. You authorize the Bank (and any intermediary or service provider used by Bank or TiFi Pay) to send the funds from your Linked Account to the payee pursuant to the payment instructions provided in the TiFi Pay App.If other forms of payment are required by the payees such as check, it may be necessary for TiFiPay to use a third party service provider or intermediary to pull funds from the Bank in order to issue a paper check to the payee. In such case, you may be required to provide a separate ACH authorization for the intermediary to pull funds through an ACH debit to a separate custodial account at a third party financial institution so that a third party service provider may issue a paper check to the payee. Please note that significant delays may occur if this payment method is elected by the payee. Bank and Productfy have no control of and do not participate in the paper check issuance process. Consequently, Bank and Productfy shall not be liable for any delays or losses incurred if the payee elects payment by paper check.
Credit and Debit Card Payments.
You may fund payment transactions by using a qualified credit or debit card. We charge a fee for this service which will be advertised in the mobile application prior any payment made. You may add various debit and/or credit cards as funding sources in your account. We may authorize your cards to confirm their validity. In such a case, a temporary, small authorization charge may appear on your card statement. When you add cards to your account, you agree you have the authority to disclose the information and you authorize the initiation of debit or credit entries, as applicable, to the payment methods in accordance with instructions provided via our services, and, if necessary, the initiation of adjustments for any transactions debited or credited in error. By submitting your payment for processing, you agree that the goods or services provided by your recipient in exchange for the principal have already been rendered to your satisfaction. You hereby forfeit any future claims regarding insufficient or unexpected quality or untimely delivery of the goods and services provided, including those services rendered by us in exchange for your payment of fees. In addition to limits that we may impose on use of cards with our services, the cards that you elect to use with our service are subject to credit or transactional limits, credit and interest terms provided by the card issuer. We may elect to apply different and more restrictive terms than your card issuing institution. Card payments are also subject to limitations imposed by card networks on the types of industries that can be paid with a card funding source.
Your Responsibility to Ensure Timely Payments
You are solely responsible for scheduling payments so that they are received timely and are not delinquent. You should initiate payments no later than five(5) business days before the due date to ensure your payment arrives timely. In addition, you are solely responsible for providing us with the correct name, address and phone number of the payee as well as your account number so that we may obtain the correct routing information. For questions regarding any specific transaction or its anticipated timing, please contact us at (669) 696-4660 or email us at info@tifipay.com.
Preauthorized Payments
Right to stop payment and procedure for doing so: if you have set up recurring or preauthorized payments in advance to designated third parties you may request a stop payment by contacting us at info@tifipay.com with the subject line as “STOP PAYMENT REQUEST”. We must receive the request at least three (3) business days before the payment is schedule to be made in order to stop the payment. You will not be charged a fee for each stopped payment. Notice of Varying Amounts: If your recurring or pre authorized payments vary in amount, your designated payee to whom you owe money or the financial institution processing the electronic funds transfer should tell you ten(10) days before each payment when it will be made and how much it will be. We may not have a reasonable opportunity to act on any stop payment request after a payment has been processed and/or in instances where the stop payment request is in error, lacks relevant information to process the stop payment request, or has not been timely made. If you desire to stop any payment after it has been processed, you must contact us at info@tifipay.com. Although we will attempt to accommodate your request, we will have no liability for failing to do so. We may also require you to present your request in writing within fourteen (14) days.
Payment Cancellation Requests
You may cancel or edit any scheduled payment (including recurring payments) by following the directions on the TiFi Pay App. There is no charge for canceling or editing a scheduled payment. Once we have begun processing a payment it cannot be cancelled or edited, therefore a stop payment request must be submitted.
Confidentiality and Use of Information
We will disclose information to third parties about the transfers you make: To verify your identify and allow us to comply with any applicable laws;To comply with government agency or court orders;To protect the confidentiality or security of your records;To protect against or prevent actual fraud, unauthorized transactions, claims, or other liability;For resolving consumer disputes or inquiries; To persons holding a legal or beneficial interest relating to you;To persons acting in a fiduciary or representative capacity on behalf of you; If we are unable to complete an electronic transfer because of insufficient fundsWhere necessary to complete transfers;Where necessary to activate additional services;To verify the existence or conditions of your account for a third party, such as a credit bureau or merchant. As disclosed in the separate privacy notices posted withing the TiFi Pay App (“Privacy Notices”); orIf you give us written permission, provided that you have not revoked that consent or permission. Your ability to sign up for the TiFi Pay App and ability to make electronic funds transfers using the platform may not be completed if we can not verify your identity or other necessary information. In addition, and in accordance with our Privacy Notices, you agree that we reserve the right to obtain personal information about you, including, without limitation, financial information and transaction history regarding your Linked Account. You further understand and agree that we reserve the right to use personal information about you for our and our Service Providers’ everyday business purposes, such as to maintain your ability to access the TiFi Pay App, to authenticate you when you log in, to send you pertinent information, to perform fraud screening, to verify your identity, to determine your transaction limits, to perform collections, to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to defend claims, to resolve disputes, to troubleshoot problems, to enforce this Agreement, to protect our rights and property, and to customize, measure, and improve the TiFi Pay App and the content and layout of the TiFi Pay App. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store, and disclose your information acquired in connection with this Agreement as permitted by law, including (without limitation) any use to effect, administer, or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability.
Unauthorized Transfers
Consumer Liability: You should contact us at info@tifipay.com if you believe your account credentials have been lost or otherwise compromised or if your device (such as a smartphone) used to access the TiFi Pay App has been compromised, or if you believe that an electronic fund transfer has been made without your permission. You could lose all the money in your account if you don’t notify us promptly. If you do not contact us within sixty (60) days after the transaction record was made available to you, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped the theft if you had contacted us in time. If extenuating circumstances (such as a long trip or a hospital stay) keeps you from telling us, we will extend the allowed time period for a reasonable period.
Error Resolution Notice
In Case of Errors (an unauthorized or incorrect electronic funds transfer) or Questions About Your Electronic Transfers: If you think your transaction record is wrong or if you need more information about a transfer listed, contact us at info@tifipay.com as soon as possible. To report an issue:
● Tell us your name and TiFi Pay Client Number;
● Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error and/or why you need more information; and
● Tell us the dollar amount of the suspected error.We are not responsible for any payment processing errors or fees incurred if you do not provide an accurate Linked Account, payment instructions, or contact information. It is your sole responsibility and you agree to ensure that the contact information in your user profile is current and accurate. If you claim a credit or refund because of a fraud, forgery, or alteration, you agree to cooperate with us in the investigation of the loss, including giving us an affidavit containing whatever reasonable information we require concerning the transaction, and the circumstances surrounding the loss. You will notify law enforcement authorities of any criminal act related to the claim of an unauthorized transactions. We will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys’ fees incurred by you. You agree that you will not waive any rights you have to recover your loss against anyone who is obligated to repay, insure, or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
ACH clearing times for Linked Accounts
If you link a financial institution account in the TiFi Pay App you may send a payment using your linked financial institution account. If you do so, you acknowledge that normal ACH clearing times will apply. This means that the funds should generally be available within three (3) business days.
Nacha Rules and Applicable Law
This Agreement is subject to Article 4A of the Uniform Commercial Code - Funds Transfers, as adopted by the state in which the TiFI Pay App was set up. If you originate an electronic funds transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, TiFi Pay, the Bank and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person, or account other than the one named. You agree to be bound by Nacha Rules. These rules provide, among other things, that funds transfers made to you or originated by you, are provisional until final settlement is made through a Federal Reserve Bank, or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive the funds transfer, we are entitled to a refund from you in the amount credited to you and the party originating such payment will not be considered to have paid the amount so credited.
Sending limit
You are limited to sending no more than $5,000 per day and $10,000 per rolling thirty (30) day period using the TiFI Pay App. We reserve the right to decrease or increase your electronic funds transfer amounts at any time, for any reason.
Transaction fees
Client to provide detailed fee structure within the app when applicable.
Failed or Returned Payment Instructions
In using the TiFi Pay App, you are requesting that we attempt to make payments from your Linked Account. If the transfer cannot be completed for any reason associated with your Linked Account the transfer will not be completed. We reserve the right to suspend or terminate your use of the TiFi Pay App due to insufficient funds in your Linked Account. If we take any action to collect debt incurred by you or other amounts you owe us under this Agreement or to defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. In using the TiFi Pay App, you understand that payeess may return payments for various reasons including, but not limited to, the account number is not valid; the payees are unable to locate the account; or the account is paid in full. We will use our best efforts to research and correct the returned payment, or void the payment and credit your Payment Account.
Prohibited Payments
The following types of payments are prohibited through the TiFI Pay App and we have the right, but not the obligation, to monitor for, block, cancel, and/or reverse such payments:
a. Payments to or from individuals or entities located in prohibited territories (including any territory outside of the United States);
b. Payments that violate any Federal, state or local law or regulation;
c. Payments that violate our Code of Conduct below;
d. Payments related to: (1) marijuana or tobacco products, (2) prescription drugs and devices; (3) narcotics, steroids, controlled substances or other products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition, firearms, or firearm parts or related accessories; (6) weapons or knives regulated under applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or services that promote hate, violence, racial intolerance, or the financial exploitation of a crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or services that include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (12) goods or services that advertise, sell to, or solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right of publicity or privacy, or any other proprietary right under the laws of any jurisdiction;
e. Payments related to gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, animal racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes;
f. Payments relating to transactions that (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or multi-level marketing programs, (2) are associated with purchases of real property, annuities, or lottery contracts, lay-away systems, off-shore banking, or transactions to finance or refinance debts funded by a credit card, (3) are for the sale of items before the seller has control or possession of the item, (4) constitute money-laundering or terrorist financing, (5) are associated with the following “money service business” activities: the sale of traveler’s checks or money orders, currency dealers or exchanges, or check cashing, or (6) provide credit repair or debt settlement services; and
g. Tax payments and court ordered payments.We reserve the right to refuse to pay any payee to whom you may direct a payment. As required by applicable law, we will notify you promptly if we decide to refuse to pay a payee designated by you. Except as required by applicable law, in no event shall we be liable for any claims or damages resulting from your scheduling of prohibited payments.
Authorization to recover amounts due
You authorize TiFi Pay to take any of the following actions to recover any amounts due from you:Debit the financial institution account(s) linked to your TiFi Pay account;Suspend your TiFi Pay App usage and require your immediate payment; orEngage in collection efforts.
TiFi Pay App Code of Conduct
You agree that, as an express condition of your use of the TiFi Pay App, you will not: Breach these terms and conditions or any other applicable TiFi Pay policy or any agreement that you have accepted, including, but no limited to, TiFi Pay’s Privacy Policy;Provide false, fraudulent or inaccurate information to TiFi Pay, including identity information;Engage or attempt to engage in illegal or fraudulent activities;Engage in transactions involving adult entertainment or escort services;Engage in transactions involving the purchase, sale, or exchange of virtual currency (also known as crypto currency or digital assets) or provide a virtual currency marketplace or exchange; Provide private ATM services;Attempt to receive or actually receive duplicate compensation for a disputed payment; orEngage in activity that indicates, in our sole discretion, that there may be a high level of risk associated with you or your TiFi Pay App activity.
Your Representations
You represent and warrant: (1) that you have the right to authorize any and all debits to the Linked Account; (2) the Linked Account is held at a depository institution located in the U.S.; and (3) that your are individually the owner of the Linked Account. By linking a bank account, you agree to indemnify and hold us harmless from any claims by any person related to the bank account, including, but not limited to, another owner of the Linked Account. You may only link a bank account that is a deposit account, such as a checking, savings or money market account. You must maintain sufficient funds in your account avoid the transaction being declined. You should also check the balance in your Linked Account to determine if you have sufficient funds to direct payment to a payee.
Your liability
You are responsible for all, claims, fees, fines, penalties, and other liability incurred by TiFi Pay or the Bank, or our third party providers arising from your breach of this Agreement or your use of the TiFi Pay App. You agree to reimburse TiFi Pay, the Bank, Productfy or our third party providers for any and all such liability. Neither TiFi Pay or its Service Providers will be liable for any fees or fines related to your missed payments in using the TiFi Pay App.
Financial Institution’s Liability
By providing us with the names and account information of the payees to whom you wish to direct payments, you authorize us to follow the payment instructions received through the TiFI Pay App. In order to process payments more efficiently and effectively, we may edit or alter payment data or format payments in accordance with payee's directives. When we receive a payment instruction, you authorize us to debit your Linked Account and remit funds on your behalf. You also authorize us to credit your Linked Account for payments returned by your payees. We will attempt to make all your payments properly, However, we shall incur no liablity if we are unable to complete any payments initiated by you because of the existence of one or more of the following circumstances:If through no fault of ours, you do not have enough money in your account to make the transfer or the funds in your Linked Account are not available for any reason; orIf the system was not working properly and you knew about the breakdown when you started the transfer; orYou have not provided TiFi Pay with the correct name, address, and account number for the payee; orIf circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions having been taken.
Actions we may take
If we determine, in our sole discretion, that you may have breached this Agreement, that you or your TiFi Pay App activity presents risk or security concerns, or if we are unable to verify your identity, the actions we may take include, but are not limited to, the following:Suspending or terminating your access to the TiFi Pay App;Contacting your financial institution, and/or, law enforcement, or other impacted third parties of your actions; andTaking legal action against you.
Termination
You may stop using the TiFi Pay App at any time. If you wish to cancel the Service, you may do so within the TiFi Pay App. Any payment(s) that have begun processing before the requested cancellation date will be processed by us. We may terminate your access to the TiFi Pay App without liability, at any time, for any reason. Reasons for termination may include, but are not limited to, your violation of this Agreement or any other applicable agreement or policy, TiFi Pay account inactivity for a period of sixty (60) days or more, or TiFi Pay’s assessment that you pose an unacceptable risk. TiFi Pay also reserves the right to modify or terminate the TiFi Pay App at any time, for any reason.
Updates to Application
From time to time, TiFi Pay may automatically check the version of the Application installed on an authorized device and, if applicable, provide updates for the TiFi Pay Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins, and new versions of the TiFi Pay App. By installing the TiFi Pay App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the TiFi Pay App and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates). TiFi Pay reserves the right to temporarily disable or permanently discontinue any and all functionality of the TiFi Pay App at any time without notice and with no liability to you.
Indemnification
You agree to defend, indemnify, and hold harmless TiFi Pay, the Bank and Productfy, and their respective officers, directors, agents, employees, and suppliers from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and other litigation expenses) arising from: (a) your violation of this Agreement or any other applicable TiFi agreement or policy; (b) your use of the TiFi Pay App; (c) your negligence, gross negligence, recklessness, fraud, or willful misconduct; (d) your violation of Nacha Rules; (e) your actual or alleged violation of any third party rights or any applicable laws, rules or regulations; and (f) our action or inaction in reliance upon oral, written or electronic instructions or information from you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TIFI PAY, BANK OR PRODUCTFY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES INCURRED IN CONNECTION WITH: (i) THIS AGREEMENT, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF, THE TIFI PAY APP, OR (iii) ANY GOODS OR SERVICES PURCHASED, RECEIVED, OR PAID FOR USING THE TIFI PAY APP, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER TIFI PAY, THE BANK OR PRODUCTFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TIFI PAY, THE BANK OR PRODUCTFY’S LIABILITY EXCEED THE FEES TIFI PAY HAS RECEIVED FROM YOU DURING THE PRECEDING 12 MONTHS. THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
No Warranty
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE TIFI PAY APP IS PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE”, “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATION OF WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TIFI PAY MAKES NO REPRESENTATION OR WARRANTY THAT THE TIFI PAY APP WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.While we try to maintain the timeliness, integrity, and security of the TiFi Pay App, we do not guarantee that the TiFi Pay App is or will remain updated, correct, complete, or secure, or that access to the TiFi Pay App will be uninterrupted or error free. The TiFi Pay App may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the TiFi Pay App. If you become aware of any such alteration, contact us at info@tifipay.com with a description of such alteration and its location on the TiFi Pay App.
Force Majeure
You understand and agree TiFi Pay will not be held responsible for any losses or damages resulting from suspension of service or your inability to use or access the TiFi Pay App due to extraordinary events or circumstances beyond our control. In such an event, TiFi Pay may suspend the TiFi Pay App and the Bank may suspend its ACH service.
Third Party Websites
The TiFi Pay App may contain links to third-party websites. The linked websites are not under our control, and we are not responsible for the contents of any linked website. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.
Intellectual Property
You hereby acknowledge that we or our Service Providers own all rights, title, and interest in and to the TiFi Pay App and to any and all proprietary and confidential information contained therein (“TiFi Pay Information”). The TiFi Pay App and TiFi Pay Information, including, but not limited to, all visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the TiFi Pay App, are protected by applicable intellectual property and other laws, including, but not limited to, patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Assignment
You may not transfer or assign any rights or obligations you have under this Agreement. TiFI Pay reserves the right to transfer or assign any rights or obligations under this Agreement at any time.
Monitoring and Recording Telephone Calls and Consent to Receive Communications
Subject to federal and state law, we may monitor or record phone calls for security reasons, to maintain a record and to ensure that you receive courteous and efficient service. You consent in advance to any such recording. To provide you with the best possible service in our ongoing business relationship with you, we may need to contact you from time to time by telephone, text messaging or email. However, we first obtain your consent to contact you about the TiFi Pay App in compliance with applicable consumer protection provisions in the federal Telephone Consumer Protection Act of 1991 (TCPA), CAN-SPAM Act and their related federal regulations and orders issued by the Federal Communications Commission (FCC).Your consent is limited to the TiFI Pay App and as authorized by applicable law and regulations. Your consent is voluntary and not conditioned on the purchase of any product or service from us. With the above understandings, you authorize us to contact you regarding the TiFI Pay App using any telephone numbers or email addresses that you have previously provided to us by virtue of an existing business relationship or that you may subsequently provide to us.This consent applies regardless of whether the number we use to contact you is assigned to a landline, a paging service, a cellular wireless service, a specialized mobile radio service, other radio common carrier service or any other service for which you may be charged for the call. You further authorize us to contact you through the use of voice, voice mail and text messaging including the use of pre-recorded or artificial voice messages and an automated dialing device. If necessary, you may change or remove any of the telephone numbers or email addresses at any time using any reasonable means to notify us.
Governing Law
All actions relating to the TiFI Pay App and this Agreement will be governed by the laws of the United States and the State of Minnesota and other applicable rules, regulations, and guidance, including, but not limited to, Nacha Rules. The TiFi Pay App is controlled or operated (or both) from the United States, and is not intended to subject TiFi Pay to any non-U.S. jurisdiction or law. The TiFi Pay App may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the TiFi Pay App is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the TiFi Pay App availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Arbitration of Disputes
Upon demand by you or us, any disputes, claims, and controversies arising under this Agreement, the TiFi App an/or any transactions processed through the use of the TiFi App shall be resolved by binding arbitration held on an individual basis, administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, including any questions regarding the existence, validity, or termination of this Agreement. Arbitration will proceed in a location selected by AAA in the state of the applicable governing law of the Agreement. In any arbitration proceeding, the arbitrator shall not have the authority to award exemplary or punitive damages or to alter, modify or add to the terms of this Agreement. A single arbitrator shall be used, and each party shall pay one-half of the fees and costs of the single arbitrator. Notwithstanding the foregoing, neither party shall be precluded from seeking injunctive remedies pending arbitration. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. This arbitration requirement does not limit the right of either party to: (a) exercise self-help remedies, including setoff, or (b) obtain provisional or ancillary remedies such as injunctive relief or attachment, before, during, or after the pendency of any arbitration proceeding.
Class Action Waiver
Each party agrees that the resolution of any dispute arising from the terms of this Agreement will be resolved by a separate arbitration proceeding and will not be consolidated with other disputes or treated as a class. Neither party will be entitled to join or consolidate disputes by or against others as a representative or member of a class, to act in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to a class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, the entire Arbitration Agreement will be unenforceable.
Waiver of Notices
To the extent permitted by law, you waive any notice of non-payment, dishonor, or protest regarding any items credited to or charged against your account. For example, if you deposit an item and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you and shall have no liability for not notifying you, unless required by law.
Information or Complaints
If you have a question or complaint regarding the TiFi Pay App, please send an e-mail to info@tifipay.com. You may also contact us by writing to 150 Charles St.v6DS New York, NY 10014, or by calling us at (669) 696-4660. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Taxes
You are liable and solely responsible for all taxes, duties, levies, tariffs, or charges of any kind imposed by any federal, state or local governmental entity with respect to the net income you recognize in connection with this Agreement. You acknowledge that TiFi Pay may have reporting requirements to the Internal Revenue Service in connection with your activity conducted under this Agreement.
General
This Agreement, together with the Privacy Policy and any other agreements between you and us expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the TiFi Pay App, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement or any of our rights or obligations under this Agreement at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Apple Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the TiFi Pay App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the TiFi Pay App. Apple is not providing any warranty for the TiFi Pay App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the TiFi Pay App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the TiFi Pay App, including any third-party product liability claims, claims that the TiFi Pay App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the TiFi Pay App, including those pertaining to intellectual property rights, must be directed to TiFi Pay in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the TiFi Pay App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the TiFi Pay App may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the TiFi Pay App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, TiFi Pay’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
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