EFFECTIVE DATE

April 1, 2022.

This user agreement is a contract between you and Vank LLC governing your use of your VankPay account and the VankPay services. You must be in the United States (“U.S.”), including the territory of Puerto Rico (“P.R.”), and have a U.S. or P.R. bank account to use the VankPay services.

You agree to comply with all the terms and conditions in this user agreement. You also agree to comply with the following additional policies and each of the other agreements posted on VankPay.com/legal that apply to you:

• Privacy Policy

• Acceptable Use Policy

• Consent to Receive Electronic Disclosures (E-Sign Disclosure and Consent)

We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days. We reserve the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this user agreement become effective, you agree to abide by and be bound by those changes. If you do not agree with any changes to this user agreement, you may close your account.

WHO WE ARE

VankPay (or “we” or “us”) is a payment platform that facilitates the transfer of funds from you to a designated business (a “transaction”) via automated clearing house (“ACH”) transfer or debit or credit card (the “services”); however, VankPay does not receive, hold, transfer, disperse, or otherwise process funds on your behalf. Nor is VankPay a money transmitter under the typical state law description of “money transmitter.”

OPENING A VANKPAY ACCOUNT

We offer accounts for two types of purposes: personal accounts and approved business accounts. You may only have one personal account. To create a personal account, you must be a resident of the United States or one of its territories, be at least 18 years old or the age of majority in your state or territory of residence, and use a cellular/wireless telephone number that you own. Your VankPay account is personal unless you have received our express written approval to open a business account. In addition to this agreement, approved business accounts are also subject to the Approved Business Account Addendum.

Personal VankPay accounts let you do things like:

• Transfer money for purchases of goods and services

• Buy things through an authorized merchant’s mobile website, app, or VankPay business profile.

Except for commercial transactions expressly authorized by VankPay, for example, transactions that are identified as payments for goods and services, personal accounts may not be used to conduct business, commercial, or merchant transactions with other personal accounts, which includes paying or accepting payment from other personal accounts held by users you do not personally know for goods or services (for example, concert tickets, electronic equipment, sneakers, a watch, or other merchandise, deposits for apartments, or dog walking). If you plan to use your VankPay account to receive payments for goods or services, you must ask your buyer to identify that their payment is for goods and services or have a business profile. You may also find out more information about offering VankPay as a payment option on your website or mobile app by visiting this webpage. Keep confidential any credentials you use to access your VankPay account and the VankPay services. You must keep your phone number, email address, and other contact information current in your VankPay account profile.

CLOSING YOUR VANKPAY ACCOUNT

You may close your account and terminate your relationship with us without cost, but you will remain liable for all obligations related to your VankPay account even after the VankPay account is closed. Any incomplete transactions or transfers must be completed or canceled. In certain cases, you may not close your VankPay account, including:

• To evade an investigation.

• If you have a pending transaction or an open dispute or claim.

• If you owe amounts to us.

• If your VankPay account is subject to a hold, limitation, or reserve.

If your VankPay account is closed for any reason, any business profile affiliated with your account will be canceled.

LINK OR UNLINK A PAYMENT METHOD

You can link or unlink certain payment methods such as a debit card, credit card, or a U. S. bank account to your VankPay account.

Please keep your payment method information current (e. g. credit card number and expiration date). If this information changes, we may update it using information and third-party sources available to us without any action on your part. If you do not want us to update your card information, you may contact your issuer to request this or remove your payment method from your VankPay account.

AUTHORIZATION TO CHARGE YOUR PAYMENT METHOD

General authorization to charge your payment method

By linking a payment method to your VankPay account, as described in the section Link or Unlink a Payment Method, you authorize us to charge such linked payment method for the payment amount and any applicable fees (a) whenever you choose such linked payment method to send money or buy something using VankPay, (b) in connection with any errors, claims, or disputes, and (c) for amounts you owe to us.

Authorization of specific transactions

Each time you make a payment, as described in the section Making Payments, or buy something, as described in the section Buying Something from Authorized Merchants, you authorize us to charge the selected payment method or backup payment method for the payment amount and any applicable fees. If the amount of your transaction changes after checkout (for example, if the amount increases because you add another product or service like expedited delivery or if the amount decreases or is split because a portion of your order is canceled or delayed), you authorize us to charge the selected or backup payment method in the revised amount.

If you have entered into an automatic payment agreement with a seller, you authorize us to charge your selected payment method each time you purchase from the seller, including via recurring or installment payments or any other future transactions scheduled in advance. If your selected payment method cannot be charged, you authorize us to charge the relevant backup payment method linked to your VankPay account.

Revoking your authorization

You can revoke our authority to charge a payment method by unlinking that payment method from your VankPay account as described in the section Link or Unlink a Payment Method. Such revocation only applies to transactions that are initiated after you unlink the payment method. It does not affect our authority to charge the payment method for a transaction you have already authorized, including our authority to re-present a charge to the unlinked payment method or charge the unlinked payment method as a backup payment method if the original transaction occurred before you unlinked that payment method. Unlinking a payment method also does not revoke our authority to charge or credit the payment method in connection with an error, dispute, or claim concerning a transaction initiated before you unlinked that payment method. If you have a payment method selected for a connected business, you may not be able to unlink that payment method until you select a different payment method in the “Connected Businesses” settings in your VankPay app or by disconnecting the business as explained in the section Billing agreement payments and preauthorized payments. If there is a pending transaction with a seller where you have authorized the transaction, but the seller has not yet completed the transaction, you may not be able to unlink the payment method used until the transaction is completed or you select an alternative payment method.

ACCOUNT STATEMENTS

You have the right to receive an account statement showing your VankPay account activity. You may view your VankPay account statement by logging into your VankPay account on the VankPay website.

MAKING PAYMENTS

You can send money to or request money from a VankPay user using the compose payments feature in your VankPay account. They will have to accept any charge request before you are sent money. When you accept a charge request sent by another VankPay user, you will send them money.

Payments for goods and services

Payments for the sale of goods or services made using the Pay and Request feature in your VankPay account must either be identified as for goods and services or sent to business profiles. You may not send regularly recurring payments using the Pay and Request feature in your VankPay account (for example, every month or otherwise on a routine billing cycle).

Sellers must keep appropriate transaction documentation and we may request such information to investigate claims made by users. If a seller does not provide adequate documentation, or we determine, in our sole discretion, that a claim qualifies, we may initiate a refund to the buyer by reversing the payment from the seller’s account, as explained further in the section Refunds for Transactions.

BUYING SOMETHING FROM AUTHORIZED MERCHANTS

How to buy something from an authorized merchant’s website, mobile app, or in-person

You may have the ability to use VankPay as a payment method at checkout at an authorized merchant’s website or mobile app and can make in-person purchases with a QR code. An “authorized merchant” means a merchant that has been authorized by us to accept VankPay as a payment method for purchases of goods and services through the merchant’s website, mobile app, or in-person by using a VankPay QR code. This includes, for example, buying something online using your mobile phone through an authorized merchant’s website or mobile app and selecting VankPay as your payment method at checkout, or buying something from an authorized merchant in person by using a VankPay QR code.

Payments sent using the Pay and Request feature in your VankPay account, such as payments to personal accounts, business, and payments that are identified as goods and services, do not qualify as payments to an authorized merchant. Similarly, if you are charged via the VankPay app or the VankPay website and accept the charge, this is not a payment to an authorized merchant.

Some merchants may require that a payment method is linked to your VankPay account, depending on which is used, to use VankPay for purchases with the merchant.

To manage risk, we may limit the payment methods available for a transaction to buy something from an authorized merchant.

When a payment is authorized to an authorized merchant, some merchants may take up to 30 days to complete the transaction. In these instances, the payment may appear as a pending transaction in your VankPay account. In that case, the authorization of the payment will remain valid until the merchant completes the transaction and we may place a temporary hold on the money in your VankPay account for the payment amount (but no longer than 30 days). If a debit or credit card is used as the payment method, the debit or credit card issuer also may show a pending authorization for some time until they release the hold or receive a completed transaction.

If a bank account is selected as the payment method for a transaction when your VankPay account is used to pay for an item, remember that your VankPay account is issued to you by Vank, LLC. and not your bank. The terms, benefits, and protections associated with your VankPay account may vary from those that apply to your bank account. If your VankPay account is used to make a purchase that exceeds the balance in the linked bank account, the bank may charge overdraft fees, even if you choose not to allow overdrafts with your bank. Similarly, the liability limits applicable to your VankPay account may differ from those applicable to the linked bank account.

Fees and limits

We may, at our discretion, impose limits on the amount or the number of payments you can send, including money you send for authorized merchant purchases. You can view any sending limit on our Personal Payments Limits page. Fees and limits may change from time to time at our sole discretion.

Payment review

We review the payments you make at our discretion. When we identify a potentially high-risk payment to an authorized merchant, we review the transaction more closely before allowing it to proceed. When this happens, we will place a hold on the transaction and notify the merchant to delay the shipping of the item. As a buyer, this may delay your receipt of the item you purchased. If we clear the transaction, we will notify the merchant and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the money to you, unless we are legally required to take other action.

Billing agreement payments and preauthorized payments

You can agree with an authorized merchant to use VankPay as the payment method for future payments with that merchant. This agreement is between you and the authorized merchant and allows the merchant to take payments from your VankPay account with your authorization either on a one-time, regular, or sporadic basis, depending on the type of billing agreement.

“Preauthorized payments” are a type of billing agreement that allows an authorized merchant to receive payments from your VankPay account on a regularly recurring basis (for example, every month or otherwise on a routine billing cycle), and if such payments will vary in amount, you have the right to advance notice of the amount and date of the transfer from the merchant at least 10 days before the transfer is made. If the merchant provides the option, you may choose to receive this advance notice only when the amount of your preauthorized payment falls outside a range established between you and the merchant.

A billing agreement may be canceled by reaching out to the authorized merchant directly, by disconnecting the merchant in your “Connected Businesses” page in the VankPay app, or by calling VankPay at (787) 300-3300. Preauthorized payments may be canceled up to 3 Business Days before the date of the next scheduled payment. If a billing agreement is canceled, you may still owe the merchant money for the purchase or have additional obligations to the merchant for any goods or services that you or a Teen User receive but have not paid for.

Refunds

When you buy something from an authorized merchant using VankPay and the transaction is ultimately refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

Selling on Vank

You can receive payments for the sale of goods and services only by using a business profile or by asking the sender to identify a payment for goods and services.

Selling on VankPay, including receiving payments in your business profile or that are identified as goods and services, is subject to applicable fees for such payments found on the Fees page. If you refund a transaction to a buyer, there are no fees to make the refund, but the fees you originally paid as the seller are not returned.

We may restrict the use of your VankPay account, including any business profile, if the selling activity through the account, including any business profile, reaches certain thresholds, involves certain activities, or violates any terms between you and us. In addition, if your selling activity meets certain transaction thresholds, we may require you to provide additional information and documentation to us from time to time for tax reporting or other reasons (for example, to verify your business activities or resolve claims or disputes), and we may suspend or place limits on your VankPay account until we receive the requested information and documentation.

Setting up a Business Profile

VankPay may offer you the ability to create a single business profile in addition to your account. To be eligible, you must be an individual with a VankPay account in good standing and complete any required application process, including verification of the required identifying information. As a business profile is part of your VankPay account, all terms applicable to your VankPay account will also govern the business profile, unless otherwise specifically stated. VankPay Debit Card transactions cannot be funded by any funds held in your business profile, and instead can only be funded by funds held in your account. The information you use to complete your business profile must be accurate, and any descriptions, pictures, or other content associated with your profile must be owned by you and comply with the Content Standards below. Teen Users cannot create a business profile.

If you create a business profile for a business legal entity (instead of opening a business profile on behalf of an unincorporated business/sole proprietorship), you agree that you are a legal representative of that business and are authorized to accept this user agreement on its behalf.

By creating a business profile, you authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity or the status of your business. This may include ordering a personal and/or business credit report from a credit reporting agency or verifying your or your business’s information against third-party databases or other sources. 

Commercial Entity Status

If the activity through your VankPay business profile or any VankPay account you may hold reaches certain thresholds or involves certain business segments or activities, you, and the business you represent are required by the card networks to agree to a Commercial Entity Agreement to allow you to continue accepting Visa and Mastercard payments. In this case, these Commercial Entity Agreements will apply to any payment processed by VankPay on your behalf and will form part of this user agreement.

Taxes and Information Reporting

Our fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “taxes”). It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, including transactions through your business profile or that are marked as for goods and services, and it is solely your responsibility to assess, collect, report, and remit the correct taxes to the appropriate authority. VankPay is not responsible for determining whether any taxes apply to your transaction, or for calculating, collecting, reporting, or remitting taxes arising from any transaction. You acknowledge that we may make certain reports to state and federal tax authorities regarding transactions that we process. For example, VankPay is required to report to the Internal Revenue Service the total amount of payments for goods and services you receive each calendar year into all your VankPay accounts (including VankPay accounts) associated with the same tax identification number once if you receive more than (i) $600 in payments for goods and services with no minimum transaction requirement (the “Reporting Threshold”). We are also required to report payments for goods and services to applicable state and local governments.

Our IRS, state, and local reporting obligations are not limited to payments you receive for goods and services transactions., these are reportable payments by the tax authorities, and we will send you any necessary forms 1099s or 1042-s. These forms will also be transmitted to the relevant tax authority.

Taxpayer Identification Number and Withholding Tax

We may request that you provide your tax identification number and/or a US tax form such as W-9 or W-8. If you do not provide us with the requested information and documentation, you understand and agree that you may be subject to account limitations and federal and state withholding tax at the applicable rates on all US source income payments received. We will send all withholding taxes to the appropriate taxing authorities and cannot refund those amounts.

USING VANKPAY AS A PAYMENT METHOD

The transaction type, among other factors, determines when and how we use your preferred payment method, as explained in Payment Methods.

You can manage payment methods in the Payment Methods section of your VankPay account settings.

Bank account transfers

When you use your bank account as a payment method, you are allowing us to initiate a transfer from your bank account. For these transactions, we will make electronic transfers from your bank account in the amount you authorize. You authorize us to try this transfer again if the initial transfer is rejected by your bank for any reason.

YOU SHOULD CONFIRM THAT YOUR BANK ACCOUNT CONTAINS FUNDS SUFFICIENT TO COVER THE PAYMENT BEFORE MAKING THE PAYMENT FUNDED BY YOUR BANK ACCOUNT. THIS WILL HELP YOU AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Debit card processing

VankPay will process your debit or prepaid card-funded transactions through either the ATM debit network or any other major network such as VISA, Mastercard, AMEX, or Discover when applicable.

REFUNDS, REVERSALS, AND CHARGEBACKS

Refunds for Transactions

When you buy something from a seller on VankPay using the “Pay and Request” feature in your VankPay account, either by sending a payment to a business profile or identifying it as for goods and services, and the transaction is refunded, the money will be sent back to you. Money may not always be refunded to the payment method originally used.

If you receive a payment through a business profile or for otherwise selling goods and services (such as when a sender identifies a payment as for goods and services) and that payment is later refunded or invalidated for any reason, you are responsible for the full amount of the payment sent to you plus any fees (including any applicable chargeback fees below).

If you refund a transaction, we’ll retain the fees you paid as set out on our Fees page.

Payments that are invalidated and reversed

Payments may be invalidated and reversed by us if, among other reasons, we sent the payment to you in error, the funding transaction is declined or reversed, the payment was unauthorized or unfunded, or if the payment was for activities that violated this user agreement or any other agreement with us. As the sender or recipient of a payment that is later invalidated for any reason, you may be liable to us for the full amount of the payment, and we may recover the amount of the payment (plus any fees) from you. We may recover the amount of the payment from either the sender or the recipient of an invalidated payment at our discretion (subject to applicable law). For example, if you send a payment funded by a bank account and the bank informs us it cannot cover the payment due to a lack of funds or a dispute, we may hold you liable for the payment, or if you were the recipient of that payment, we may reverse that payment from your account to cover the liability. When recovering the amount of an invalidated payment from you, we may:

• engage in collection efforts to recover such amounts from you;

• take any or all action as outlined under Amounts Owed to Us; and

• place a limitation or take other action on your VankPay account as outlined under Restricted Activities and Holds and Limitations.

If we invalidate a payment because the card issuer or originating bank declined or reversed the transaction, then you may be liable for the payment even if you disagree with the decision of the card issuer or originating bank to decline or reverse the payment. If you believe that a payment initiated with your VankPay account was not authorized, then you must notify us immediately, even if you (or someone else) dispute the transaction with the card issuer or originating bank. Please see below under the heading Reporting an Unauthorized Transaction for information about how to notify us. If you fail to report the unauthorized activity directly to us, then we may recover the amount of the reversed payment from you, as described above.

Chargeback fees

If you receive a debit or credit-funded payment in your business profile or that is identified as for goods and services and the buyer pursues a chargeback for the transaction with their card issuer, we may assess a chargeback fee.

Restricted Activities

In connection with your use of our websites, your VankPay account, the VankPay services, or during your interactions with us, other customers, or third parties, you must not:

• Breach this user agreement, the Acceptable Use Policy, or any other agreement between you and us; 

• Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination, or false advertising); 

• Infringe our or any third-party ‘s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; 

• If you have a personal account, use your VankPay account to conduct transactions for goods or services with other personal accounts, except as expressly authorized by Vank;

• Create or control more than one personal account for yourself without our express authorization, through, among other methods, using a name that is not yours, using a temporary email address or phone number, or providing any other falsified personal information;

• Act in a manner that is defamatory, trade libelous, threatening, or harassing;

• Provide false, inaccurate, or misleading information;

• Send or receive what we reasonably believe to be potentially fraudulent money or payments for advertising, marketing, or otherwise on an unsolicited and unauthorized basis;

• Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

• Attempt to double dip during a dispute by receiving or attempting to receive money from both us and the recipient of a payment, bank, or card issuer for the same transaction;

• Control an account that is linked to another VankPay account that has engaged in any of these restricted activities;

• Use the VankPay services in a manner that results in or may result in:

• • complaints;
  • disputes; claims, reversals, chargebacks,
  • fees, fines, penalties, or other liability or losses to Vank, other customers, third parties, or you;

• Use your VankPay account or the VankPay services in a manner that we, Visa, Mastercard, American Express, when applicable or any other electronic funds transfer network, when applicable, reasonably believe to be an abuse of the card system or a violation of card association or network rules, or to earn rewards, perks, miles, points, etc. with your credit card, debit card, or bank account;

• Have any amounts owed to us;

• Provide yourself a cash advance from your credit card (or help others to do so);

• Access the VankPay services from outside of any of the states of the United States or the territory of Puerto Rico;

• Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf or the VankPay services;

• Facilitate any viruses, trojan horses, malware, worms, or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept, or expropriate, or gain unauthorized access to any system, data, information or VankPay services;

• Use an anonymizing proxy; use any robot, spider, another automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers;

• Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf, any of the VankPay services, or other users’ use of any of the VankPay services;

• Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers or service providers;

• Use the VankPay services to test credit card behaviors, or make excessive or unexplainable transactions;

• Circumvent any of our policies or determinations about your VankPay account such as temporary or indefinite suspensions or other account holds, limitations, or restrictions, including, but not limited to, engaging in the following actions: attempting to open a new or additional VankPay account(s) when you have amounts owed to us or when your VankPay account has been restricted, suspended or otherwise limited; opening new or additional VankPay accounts using information that is not your own (e. g. name, address, email address, etc. ); or using someone else’s VankPay account; or

• Harass and/or threaten our employees, agents, or other users.

Actions We May Take if You Engage in Any Restricted Activities

If we believe that you’ve engaged in any restricted activities, we may take several actions to protect ourselves, our customers, and others at any time at our sole discretion. The actions we may take include, but are not limited to, the following: 

• Terminate this user agreement, limit your VankPay account, and/or close or suspend your VankPay account, immediately and without penalty to us; 

• Refuse to provide the VankPay services to you in the future; 

• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf, your VankPay account, or any of the VankPay services, including limiting your ability to pay or send money with any of the payment methods linked to your VankPay account, restricting your ability to send money or make bank transfers; 

• Update the inaccurate information you provided us;

• Take legal action against you; or

• If you’ve violated our Acceptable Use Policy, then you’re also responsible for damages to us caused by your violation of this policy.

If we close your VankPay account or terminate your use of the VankPay services for any reason, we’ll provide you with notice of our actions.

You are responsible for all reversals, chargebacks, claims, fees, fines, penalties, and other liability incurred by us, any customer, or a third party caused by or arising out of your breach of this agreement, and/or your use of the VankPay services. For example, if you send a payment funded by your bank account and your bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment.

Holds and Limitations

What are holds and limitations

Under certain circumstances, to protect VankPay and the security and integrity of the network that uses the VankPay services, VankPay may, in its sole discretion, take account-level or transaction-level actions. A hold may be placed on your VankPay account, including any associated business profile.

Our decision about holds and limitations may be based on confidential criteria that are essential to our management of risk and the protection of Vank, our customers, and/or service providers. We may use proprietary fraud and risk modeling when assessing the risk associated with your VankPay account. In addition, we may be restricted by regulation or a governmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you.

Holds

A hold is an action that VankPay may take under certain circumstances either at the transaction level or the account level. When VankPay places a temporary hold on a transaction, the money is not available to either the sender or the recipient. VankPay reviews many factors before placing a hold on a transaction, including account tenure, transaction activity, and past disputes.

Holds based on Vank’s risk decisions

We may place a hold on transactions involving your VankPay account if, in our sole discretion, we believe that there may be a high level of risk associated with you, your VankPay account, or your transactions or that placing such a hold is necessary to comply with state or federal regulatory requirements. We make decisions about whether to place a hold based on several factors, including information available to us from both internal sources and third parties.

Risk-based holds may remain in place for up to 180 days from the date the transaction was made. We may release the hold earlier under certain circumstances, but any earlier release is at our sole discretion.

Account Limitations

Limitations may be placed on your account to help protect VankPay and VankPay users when we notice restricted activities or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your VankPay account open.

There are several reasons why your VankPay account could be limited, including:

• If we suspect someone could be using your VankPay account without your knowledge, we’ll limit it for your protection and investigate the unusual activity.

• If another financial institution alerts us that someone has used one of your linked payment methods without permission.

• To comply with the law.

If we reasonably believe you have breached this agreement or violated the Acceptable Use Policy or Content Standards.

You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us with that information, we may take action to protect us, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks, and any other liability.

Court Orders, Regulatory Requirements, or Other Legal Processes

If we are notified of a court order or other legal process (including garnishment or any equivalent process) affecting you, or if we otherwise believe we are required to do so to comply with applicable law or regulatory requirements, we may be required to take certain actions, including holding payments to/from your VankPay account, placing a hold or limitation on your VankPay account, or releasing your funds. We will decide, in our sole discretion, which action is required of us. We do not have an obligation to contest or appeal any court order or legal process involving you or your VankPay account. When we implement a hold or limitation because of a court order, applicable law, regulatory requirement, or other legal processes, the hold or limitation may remain in place longer than 180 days.

Protection from Unauthorized Transactions

To protect yourself from unauthorized activity in your VankPay account, you should regularly log into your VankPay account and review your VankPay account statement. We will notify you of each transaction by sending an email to your primary email address on file. You should review these transaction notifications to ensure that each transaction was authorized and accurately completed.

We will protect you from unauthorized activity in your VankPay account. The following terms and conditions apply concerning all VankPay services. When the below protection applies, we will cover you for the full amount of the unauthorized activity if you cooperate with us and follow the procedures described below.

What is an Unauthorized Transaction

An “Unauthorized Transaction” occurs when money is sent from your VankPay account that you did not authorize and that did not benefit you. For example, if someone steals or fraudulently obtains your password, uses the password to access your VankPay account, and sends a payment from your VankPay account, an Unauthorized Transaction has occurred.

What is not considered an Unauthorized Transaction

The following are NOT considered Unauthorized Transactions:

• If you grant authority to someone to use your VankPay account (by giving them your login information) and they exceed the authority, you gave them. You are responsible for transactions made in this situation unless you have previously notified us that you no longer authorize transfers by that individual.

• Invalidation and reversal of payment because of the actions described under Refunds, Reversals, and Chargebacks.

Reporting an Unauthorized Transaction

If you believe your VankPay login information has been lost or stolen, please contact VankPay customer service immediately or call: 787-300-3300 or write:

Vank, LLC.

Attn: VankPay Error Resolution Department

P.O. Box 193497

San Juan, PR 00919-3497

Tell us AT ONCE if you believe that an electronic fund transfer has been made without your permission using your login information or by other means, or if your Vank-activated mobile phone has been lost, stolen, or deactivated. If you tell us within 60 days after we provide you with your VankPay account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorized Transactions.

Also, if your VankPay account statement shows transfers that you did not make, including those made with your VankPay login information or by other means, tell us at once. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason kept you from telling us, we may extend the time periods.

Filing a chargeback or reversal with your financial institution related to a VankPay payment does not constitute notice of an Unauthorized Transaction to us. You must contact us directly to notify us of Unauthorized Transactions by reaching out to VankPay customer service or calling call: 787-300-3300 or writing:

Vank, LLC.

Attn: VankPay Error Resolution Department

P.O. Box 193497

San Juan, PR 00919-3497

Error Resolution

What is an error?

An “error” means the following:

• When money is either incorrectly taken from your VankPay account or incorrectly placed into your
• VankPay account, or when a transaction is incorrectly recorded in your VankPay account.

• You send a payment, and the incorrect amount is debited from your VankPay account.

• An incorrect amount is credited to your VankPay account.

• A transaction is missing from or not properly identified in your VankPay account statement.

• We make a computational or mathematical error related to your VankPay account.

What is not considered an error

The following are NOT considered errors:

• If you give someone access to your VankPay account (by giving them your login information) and they use your VankPay account without your knowledge or permission. You are responsible for transactions made in this situation.

• Invalidation and reversal of payment because of the actions described under Refunds, Reversals, and Chargebacks.

• You request a receipt or periodic statement documents that we are required to provide to you.

• Routine inquiries about money in your VankPay account or the status of a pending transfer to or from your VankPay account unless you expressly notify us of an error in connection with the transfer.

• Requests for duplicate documentation or other information for tax or other recordkeeping purposes.

In case of errors or questions about your electronic transfers

Telephone us at 787-300-3300, contact us through the Help Center on the VankPay website; or write us at Vank, LLC., Attn: VankPay Error Resolution Department, P.O. Box 193497, San Juan, PR 00919-3497.

Notify us as soon as you can if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. Filing a chargeback or reversal with your financial institution related to a VankPay payment does not constitute notice of an error to us. You must contact us directly to notify us of errors. When you notify us:

• Tell us your name and account number (if any).

• Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information.

• Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your VankPay account within 10 Business Days for the amount you think is in error and will notify you within 2 Business Days of the credit, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your VankPay account.

For errors involving new VankPay accounts or point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new VankPay accounts, we may take up to 20 Business Days to credit your VankPay account for the amount you think is in error. We will tell you about the results within 3 Business Days after completing our investigation.

• If we determine that there was an error, we will promptly credit the full amount of the error into your account within 1 Business Day of our determination. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.

• If we decide that there was no error, we will send you a written explanation, and, if you received a provisional credit, after giving you 5 Business Days advance notice of the date and amount of the debit, we will remove it from your account. You may ask for copies of the documents that we used in our investigation.

Processing Errors

We will rectify any processing error that we discover. If the error results in:

• If you are receiving less than the correct amount to which you were entitled, then we will credit your VankPay account for the difference between what you should have received and what you received.

• If you are receiving more than the correct amount to which you were entitled, then we will debit your VankPay account for the difference between what you received and what you should have received.

• Not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless:

• • through no fault of ours, you did not have enough available funds to complete the transaction;

• • our system was not working properly, and you knew about the breakdown when you started the transaction; or

• • the error was due to extraordinary circumstances outside our control (such as fire, flood, or loss of Internet connection), despite our reasonable precautions.

Processing errors are not:

• Delays that result from us applying holds or limitations.

• Delays are based on a payment review or bank transfer review.

• Delays are described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations.

• Your errors in making a transaction (for example, mistyping an amount of money that you are sending or sending funds to a wrong merchant).

Communications Between You and Us

By providing us your mobile phone number and opting in to receive text messages, you agree that we, including our affiliates, may contact you at that number using auto-dialed or prerecorded message calls or text messages to (i) service your VankPay branded accounts, (ii) investigate or prevent fraud, or (iii) collect a debt. We will not use auto-dialed or prerecorded message calls or texts to contact you for marketing purposes unless we receive your prior express written consent. You do not have to agree to receive auto-dialed or prerecorded message calls or texts to your mobile phone number to use and enjoy the products and services offered by VankPay. You can decline to receive auto-dialed or prerecorded message calls or texts to your mobile phone number by replying STOP to a message or by sending an email to contactoptuut@VankPay.com from the email associated with your VankPay account with the following message:

Please do not contact my phone with auto-dialed or prerecorded message calls or text messages.

This will ensure that you will not be contacted by VankPay or on behalf of VankPay with auto-dialed or prerecorded message calls or text messages. Text HELP to a message for assistance and more information. Message and data rates may apply. The frequency of messages may vary, and standard telephone minute and text charges may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information. We may share your mobile phone number with service providers with whom we contract to assist us with the activities listed above, but we will not share your mobile phone number with third parties for their purposes without your consent.

We may communicate with you about your VankPay account and the VankPay services electronically as described in our Consent to Receive Electronic Disclosures. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we post it to our website or email it to you. You will be considered to have received a communication from us if it’s delivered by mail, 3 Business Days after we send it.

Unless you’re communicating with us about a matter where we’ve specified another notice address (for example, our Protection from Unauthorized Transactions process), written notices must be sent by postal mail to: Vank, LLC., Attention: Legal Department, P.O. Box 193497, San Juan, PR 00919-3497.

You understand and agree that, to the extent permitted by law, we may, without further notice or warning, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or our protection. You acknowledge and understand that while your communications with us may be overheard, monitored, or recorded not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any telephone calls will be retained or retrievable.

Our Rights

Our suspension and termination rights

We, in our sole discretion, reserve the right to suspend or terminate this user agreement, access to or use of our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf or some or all of the VankPay services for any reason and at any time upon notice to you and, upon the termination of this user agreement, the payment to you of any unrestricted money being held for you.

Amounts owed to us

We may deduct amounts owed to us, in whole or in part, from money that is sent to your VankPay account later, either by you or from payments sent to you. While you owe amounts to us, we may:

• reverse payments you have sent;

• engage in the collection and other efforts to recover such amounts from you, including, but not limited to, making attempts on your linked payment methods to cover the amounts; and

• place a limitation or take other action on your VankPay account as outlined under Restricted Activities and Holds.

If you continue using your VankPay account when you have amounts owed to us, you authorize us to combine amounts owed to us with any debit or transaction sent from your account.

In addition to the above, if you have a past due amount owed to us, including our affiliates, we may debit your VankPay account or accounts held at our affiliates or various products to pay any amounts that are past due.

IF YOU HAVE AMOUNTS PAST DUE, YOU SHOULD CONFIRM THAT YOUR PAYMENT METHODS CONTAIN FUNDS SUFFICIENT TO COVER ANY AMOUNTS PAST DUE. THIS WILL HELP YOU AVOID OVERDRAFTS OR OTHER FEES YOUR FINANCIAL INSTITUTION MAY CHARGE.

Insolvency proceedings

If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, we’ll be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.

Assumption of rights

If we invalidate and reverse a payment that you made to a recipient (either at your initiative or otherwise), you agree that we assume your rights against the recipient and third parties related to the payment and may pursue those rights directly or on your behalf, at our discretion.

No waiver

Our failure to act concerning a breach of any of your obligations under this user agreement by you or others does not waive our right to act concerning subsequent or similar breaches.

Indemnification and Limitation of Liability

In this section, we use the term “Vank” to refer to Vank, LLC., our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers, and suppliers. Our affiliates include each entity that we control, we are controlled by, or we are under common control with.

Indemnification

You must indemnify VankPay for actions related to your VankPay account and your use of the VankPay services. You agree to defend, indemnify and hold VankPay harmless from any claim or demand (including reasonable legal fees) made or incurred by any third-party due to or arising out of your breach of this user agreement, your improper use of the VankPay services, your violation of any law or the rights of a third-party and/or the actions or inactions of any third-party to whom you grant permissions to use your VankPay account or access our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf, or any of the VankPay services on your behalf.

Limitation of liability

Vank’s liability is limited concerning your VankPay account and your use of the VankPay services. In no event shall VankPay be liable for lost profits or any special, incidental, or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf, any of the VankPay services, or this user agreement (however arising, including negligence), unless and to the extent prohibited by law.

Our liability to you or any third parties in any circumstance is limited to the actual amount of direct damages. In addition, to the extent permitted by applicable law, VankPay is not liable, and you agree not to hold VankPay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf, or any of the VankPay services; (2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf and any of the VankPay services; (3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf or any of the VankPay services or any website or service linked to our websites, software or any of the VankPay services; (4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf or any of the VankPay services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; (6) a suspension or other action taken with respect to your VankPay account; or (7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this user agreement or our policies.

Disclaimer of Warranty and Release

No warranty

The VankPay services are provided “as-is” and without any representation or warranty, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

We do not have any control over the products or services provided by sellers who accept VankPay as a payment method, and we cannot ensure that a VankPay user or a seller you are dealing with will complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted, or secure access to any part of the VankPay services, and operation of our websites, software, or systems (including any networks and servers used to provide any of the VankPay services) operated by us or on our behalf may be interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances are processed on time but we make no representations or warranties regarding the amount of time needed to complete processing because the VankPay services are dependent upon many factors outside of our control, such as delays in the banking system or the U. S. or international mail service. Some U.S. jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

Release

If you have a dispute with any other VankPay account holder, you release us from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

Waiver of Right to Jury; Class Action Waiver

TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

Content Posted by Users

When using Vank’s products and services, you may have the ability to post content (e.g., payment descriptions, business descriptions, comments, and/or photos). You are solely responsible for all content that you provide, post, upload, or submit. We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality, or applicability of any content posted by users on VankPay. VankPay does not endorse, guarantee, make representations, or provide warranties regarding any such content. VankPay may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. VankPay shall have no obligation to monitor the content posted, uploaded, or submitted by a user, but may do so at its sole discretion. VankPay is not responsible for any failure or delay in removing any such content.

Content Standards

You may not post or submit any content that violates our Acceptable Use Policy or any content that is:

• false, misleading, deceiving, inaccurate, or dishonest;

• defamatory or invasive of another person’s right of privacy or right of publicity;

• harmful, obscene, harassing, abusive, offensive, objectionable, violent, or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication;

• inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity, portraying or inciting animal cruelty or neglect;

• illegal, such as criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy;

• infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have permission to use;

• creating a privacy or security risk to any person;

• spam, letters, or pyramid schemes;

• in VankPay’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate, or offensive content, policy violations, or other violations to our Content Standards (other than intellectual property infringement claims covered in the section Submitting Intellectual Property Complaints) using this link.

Intellectual Property

Our trademarks

“Vank”, “VankPay.com,” “VankPay,” and all logos related to the VankPay services are either trademarks or registered trademarks of VankPay or Vank’s licensors. You may not copy, imitate, modify, or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of VankPay. You may not copy, imitate, modify, or use them without our prior written consent. You may use HTML logos provided by us to direct web traffic to the VankPay services. You may not alter, modify, or change these HTML logos in any way, use them in a manner that mischaracterizes VankPay of the VankPay services, or display them in any manner that implies Vank’s or Vank’s sponsorship or endorsement. All rights, titles, and interest in and to the VankPay websites, any content thereon, the VankPay services, the technology related to the VankPay services, and any technology and any content created or derived from any of the foregoing is the exclusive property of VankPay and its licensors.

License grants, generally

If you are using our software such as an API, developer’s toolkit, or other software application, which may include software provided by or integrated with software, systems, or services of our service providers, that you have downloaded or otherwise accessed through a web or mobile platform, then VankPay grants you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free limited license to access and/or use our software by the documentation accompanying such software. This license grant applies to the software and all updates, upgrades, new versions, and replacement software. You may not rent, lease, or otherwise transfer your rights in the software to a third-party. You must comply with the implementation, access, and use requirements contained in all documentation accompanying the VankPay services. If you do not comply with implementation, access, and use requirements you will be liable for all resulting damages suffered by you, us, and third parties. We may update or discontinue any software upon notice to you. While we may have (1) integrated certain third-party materials and technology into any web or other application, including its software, and/or (2) accessed and used certain third-party materials and technology to facilitate providing you with the VankPay services, you have not been granted and do not otherwise retain any rights in or to any such third-party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile, or otherwise attempt to create any source code that is derived from the software or any third-party materials or technology, or otherwise create any derivative works from any of the software or third-party materials or technology. You acknowledge that all rights, title, and interest in our software are owned by Vank, and any third-party materials integrated therein are owned by our third-party service providers. Any other third-party software application you use on the VankPay websites is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that VankPay does not own, control nor have any responsibility or liability for any such third-party software application you elect to use on any of our websites, software, and/or in connection with the VankPay services.

License grant from you to Vank; intellectual property warranties

We do not claim ownership of the content that you provide, upload, submit, or send to us. When you provide content to us or post content using VankPay services, you grant us, our affiliates, and our users (including parties that we work with) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable, and worldwide license to duplicate, copy, display, publish, upload, perform, distribute, modify, create derivative works, delete, post, forward to others and otherwise use your content and associated intellectual property and publicity rights to help us improve, operate, promote, advertise and market our current services and develop new ones, in any form, medium or technology now known or later developed. We will not compensate you for any of your content. You further represent and warrant that (1) you own or otherwise have all the licenses, rights, consents, and permissions in your content necessary to make the above license and grant, (2) your content is accurate, and (3) your content and our use of your content do not and will not infringe any intellectual property, privacy, proprietary or publicity rights, or otherwise violate confidentiality obligations, these terms or applicable law. Further, you agree to waive your moral rights and promise not to assert any rights in your content against us.

Submitting Intellectual Property Complaints

We respect the intellectual property of others and require that VankPay account holders comply with relevant intellectual property laws, including copyright and trademark laws. We may, in appropriate circumstances and at our discretion, limit or terminate the use of our products or services for users who use or publish content on the VankPay platform that is subject to intellectual property rights claims.

VankPay will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your intellectual property rights have been infringed by content on the VankPay platform, you may request the removal of this content from our website by notifying us at infringementreport@VankPay.com or:

Vank, LLC. 


Attn: VankPay Acceptable Use Policy


P.O. Box 193497, San Juan, PR 00919-3497


If you believe that the content you posted on the site was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to the email or address above under the DMCA.

We may terminate an infringer’s access to VankPay products or services at our sole discretion and we have the policy to terminate accounts of repeat infringers.

Miscellaneous

Assignment

You may not transfer or assign any rights or obligations you have under this user agreement without our prior written consent. We may transfer or assign this user agreement or any right or obligation under this user agreement at any time.

Business Days

“Business Day(s)” means Monday through Friday, excluding holidays when Vank’s offices are not considered open for business in the U. S. Holidays include New Year’s Day (January 1), Martin Luther King, Jr.’s Birthday (the third Monday in January), George Washington’s Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a holiday falls on a Saturday, we observe the holiday on the prior Friday. If the holiday falls on a Sunday, we observe the holiday on the following Monday.

Consumer fraud warning

We’re always looking for ways to help keep you even more secure. So stay on the lookout for some of these common scams:

• Seller Scam: a scammer sends you a fraudulent payment for goods or services you provide outside of VankPay.

• Accidental Payment: a scammer sends you a fraudulent payment, claims it was accidental, and asks that you return their money.

Always use common sense when sending money. If something sounds too good to be true, it probably is. Only send money for yourself and not for others. Please let us know immediately if you believe someone is trying to scam or defraud you by contacting us.

Dormant accounts

If you do not log in to your VankPay account for two or more years, we may close your VankPay account.

Google Maps

Your use of Google Maps while using the VankPay services on the VankPay app is subject to the then-current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/termsmaps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

Governing law

You agree that except to the extent inconsistent with or preempted by federal law and except as otherwise stated in this user agreement, the laws of the U.S. territory of Puerto Rico, without regard to principles of conflict of laws, will govern this user agreement and any claim or dispute that has arisen or may arise between you and VankPay regarding your use of the VankPay services.

Identity authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:

• asking you for further information, such as your date of birth, social security or taxpayer identification number, physical address, and other information that will allow us to reasonably identify you; or

• requiring you to take steps to confirm ownership of your email address, phone number, or financial instruments; or

• ordering a credit report from a credit-reporting agency, verifying your information against third-party databases or through other sources; or

• requiring you to provide your driver’s license or other identifying documents.

Anti-money laundering and counter-terrorism financing laws may require that we verify the required identifying information if you use certain VankPay services. We reserve the right to close, suspend, or limit access to your VankPay account and/or the VankPay services if, after reasonable inquiries, we are unable to obtain information about you required to verify your identity.

VankPay is only a payment service portal

We act as a payment service portal only. We do not:

• Act as an escrow agent concerning any money sent to you on VankPay that has not been transferred; or

• Act as your agent or trustee; or

• Enter a partnership, joint venture, agency, or employment relationship with you; or

• Guarantee the identity of any user or seller; or

• Determine if you are liable for any taxes; or

• Unless otherwise expressly set out in this agreement, collect, or pay any taxes that may arise from your use of our services.

Privacy

Protecting your privacy is very important to us. Please review our Privacy Policy to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

State disclosures

In addition to reporting complaints about the VankPay services directly to us as described above, if you are a California resident, you may report complaints to the California Department of Business Oversight by mail at Department of Business Oversight, Attn: Consumer Services, 1515 K Street, Suite 200, Sacramento, CA 95814 or online through its website at http://www.dbo.ca.gov/Consumers/consumerservices. asp. The California Department of Business Oversight helps with its complaint form by phone at 866-275-2677. If you are a California resident, you have a right to receive communications about your VankPay account and the VankPay services by email. To make such a request, send a letter to VankPay to Vank, LLC., Attention: Legal Department, P.O. Box 193497, San Juan, PR 00919-3497, including your email address, and your request for that information by email.

Florida residents may contact the Florida Department of Financial Services in writing at 200 East Gaines Street, Tallahassee, Florida, 32399, or by telephone at 1-800-342-2762.

Third-party providers

The VankPay app works on an application linked to a particular device and operating system, such as Apple’s iOS operating system. Your use of the VankPay services may be subject to separate agreements you may enter into with your mobile device operating system provider (e.g., Apple, Google, or Microsoft®), your mobile device manufacturer (e.g., Apple, Samsung®), your mobile service carrier (e.g., AT&T®, Liberty®, Claro®, T-Mobile® or Verizon®), and other parties involved in providing your mobile device service, which we collectively refer to as “Covered Third Parties.” You agree to comply with all applicable third-party terms of agreement when using VankPay Services. We are not a party to those agreements, and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Vank, not with any Covered third party. You acknowledge and agree that we are solely responsible for the VankPay services and for providing maintenance and support services for the VankPay services.

Covered Third Parties have no warranty obligations whatsoever concerning the VankPay Services and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the VankPay services to conform to any warranty provided by us, if any, will be our sole responsibility.

We, nor any Covered Third Parties, are responsible for addressing any claims relating to the VankPay services, including, but not limited to (i) product liability claims; (ii) any claim that the VankPay Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.

If you are using the VankPay Services on an Apple device, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary. Such rights may also accrue to other handset manufacturers and operating systems that participate in the VankPay services.

Unlawful Internet Gambling Notice

Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through your VankPay account or your relationship with VankPay. Restricted transactions generally include, but are not limited to, transactions in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.

Your use of information; Data protection laws

If you receive information about any VankPay customer, you must keep the information confidential and only use it in connection with the VankPay services. You may not disclose or distribute any information about VankPay users to a third party or use the information for marketing purposes unless you receive that user’s express consent to do so. You may not send unsolicited emails to a VankPay customer or use the VankPay services to collect payments for sending or assist in sending, unsolicited emails to third parties. The privacy and data protection laws that may apply include any associated regulations, regulatory requirements, and codes of practice applicable to the provision of the services described in this agreement. In complying with such laws, you will:

• implement and maintain all appropriate security measures for the processing of personal data; and

• not knowingly do anything or permit anything to be done that might lead to a breach of any privacy data protection laws by us.