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Legal Overview
Opening a Fincone AccountManaging and Using Your Fincone AccountGeneral ProvisionsDefined TermsPrivacy Policy
1.1 Eligibility
Only companies organized and registered in the United States (such as C-corps, S-corps, LLCs, or LLPs) may apply for a Fincone Account and use the Services. Individual consumers, sole proprietors, unincorporated partnerships, and companies organized and/or registered outside the United States, are not permitted to use or attempt to open or use a Fincone Account or the Services.
Company's Fincone Account is commercial in nature, and you acknowledge and understand that certain consumer protection laws (including the Electronic Funds Transfer Act or Regulation E) and consumer-specific rules (including NACHA rules specific to consumers) do not apply to transactions on your Fincone Account or vour use of the Services.
1.2 Requirements
Representations of Natural Person Applicant and Company
By submitting an application for a Fincone Account, the Natural Person Applicant represents and warrants in an individual capacity and as an authorized representative of Company that:
Company is a business entity that is organized, registered, and located in the United States Company has a valid U.S. Employer Identification Number (EIN)
Company is validly existing and in good standing in its jurisdiction of organization Company is not engaged in any Prohibited Activities
The Natural Person Applicant is authorized to provide information about Company, submit the application on behalf of Company, enter into binding agreements on behalf of Company, authorize debits from Linked Accounts, and manage Company's Fincone Account
The Natural Person Applicant is not and is not affiliated with a Prohibited Person
Al information Company and Natural Person Applicant provide to us is and will be current, accurate, and complete
Company will use its Fincone Account exclusively for business purposes and not for any personal, family, or household use
Company has reviewed this Platform Agreement and the terms, agreements, or policies incorporated by reference
Al Linked Accounts designated by Company are business rather than consumer accounts and are not established or used for personal, family, or household purposes
Required Information
You must provide Company Data to apply for and maintain a Fincone Account and any Services. Company Data may include registered business name, business address, ownership details, contact information including email and phone number, tax identification number, the nature of the business, financial information, details for your Linked Accounts, and other business or personal information that we may require or request from time to time.
You must alsoprovide certain Personal Data including the names, contact information, personal addresses, social security numbers, and dates of birth of Administrators, Users, Beneficial Owners, and Control Persons. We may also require that you provide certain documentary information used to verify Company Data and Personal Data such as organizational documents and certificates ofregistration, proof of address, or personal identification.
To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires that financial institutions obtain, verify, and record Company Data and Personal Data identifying companies and their Beneficial Owners and Control Persons. You agree to provide the required information to open and maintain your Fincone Account and agree to keep such information current. We may share this information with Program Partners and Third-Party Service Providers for these purposes, as explained in our Privacy Policy. Verification and validation of information
Fincone and its Program Partners rely on the accuracy of the information you provide when opening and maintaining your Fincone Account. You may be required to verify information previously provided or provide additional information in the course of applying for or receiving certain Services.
You acknowledge that you have obtained or will obtain appropriate consent and authorization of any person whose Personal Data you provide before sharing such data with Fincone.
You acknowledge and agree that we may use and provide Company Data and Personal Data to Program Partners and Third-Party Service Providers to validate the information you have provided and determine your eligibility for the Services, as described in the Privacy Policy.
We may approve or deny your application or grant you provisional, limited access to the Services or your Fincone Account while your application is pending additional review. We may deny your application, interrupt provision of the Services to you, or suspend or close your Fincone Account where, in our sole determination, the information you provided is incomplete, inaccurate, or out of date.
Consent to Electronic Signature and Communications
You agree that submitting your application for a Fincone Account and indicating your agreement to the terms of this Platform Agreement electronically during the application process constitutes your electronic signature to
this Platform Agreement. You also agree that your electronic consent has and will have the same legal effect as a physical signature. By agreeing to the terms of the Platform Agreement, you consent to us providing Notices and account statements to you electronically, and understand that this consent has the same legal effect as a physical signature.
Supplemental Agreements
In certain circumstances, including when we deem Company to present a high risk to Fincone or we are required by a Program Partner, we may require supplemental agreements between Fincone and Company or parties affiliated with Company. The availability of specific Services to Company may be subject to these supplemental agreements. We may add or change the applicability of these requirements and the supplemental agreements at any time. Company or parties affiliated with Company (including affiliates, Control Persons, or employees, contractors, or agents authorized to use the Services on Company's behalf) may be required to enter into such supplemental agreements in order to access or continue use of the Services. We may require Company to enter into a security agreement or provide a security interest in Company assets for certain Programs. Required supplemental agreements are provided separately from this Platform Agreement.
By submitting an application for a Fincone Account, the Natural Person Applicant represents and warrants in an individual capacity and as an authorized representative of Company that:
Company is a business entity that is organized, registered, and located in the United States Company has a valid U.S. Employer Identification Number (EIN)
Company is validly existing and in good standing in its jurisdiction of organization Company is not engaged in any Prohibited Activities
The Natural Person Applicant is authorized to provide information about Company, submit the application on behalf of Company, enter into binding agreements on behalf of Company, authorize debits from Linked Accounts, and manage Company's Fincone Account
The Natural Person Applicant is not and is not affiliated with a Prohibited Person
Al information Company and Natural Person Applicant provide to us is and will be current, accurate, and complete
Company will use its Fincone Account exclusively for business purposes and not for any personal, family, or household use
Company has reviewed this Platform Agreement and the terms, agreements, or policies incorporated by reference
Al Linked Accounts designated by Company are business rather than consumer accounts and are not established or used for personal, family, or household purposes
Required Information
You must provide Company Data to apply for and maintain a Fincone Account and any Services. Company Data may include registered business name, business address, ownership details, contact information including email and phone number, tax identification number, the nature of the business, financial information, details for your Linked Accounts, and other business or personal information that we may require or request from time to time.
You must alsoprovide certain Personal Data including the names, contact information, personal addresses, social security numbers, and dates of birth of Administrators, Users, Beneficial Owners, and Control Persons. We may also require that you provide certain documentary information used to verify Company Data and Personal Data such as organizational documents and certificates ofregistration, proof of address, or personal identification.
To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires that financial institutions obtain, verify, and record Company Data and Personal Data identifying companies and their Beneficial Owners and Control Persons. You agree to provide the required information to open and maintain your Fincone Account and agree to keep such information current. We may share this information with Program Partners and Third-Party Service Providers for these purposes, as explained in our Privacy Policy. Verification and validation of information
Fincone and its Program Partners rely on the accuracy of the information you provide when opening and maintaining your Fincone Account. You may be required to verify information previously provided or provide additional information in the course of applying for or receiving certain Services.
You acknowledge that you have obtained or will obtain appropriate consent and authorization of any person whose Personal Data you provide before sharing such data with Fincone.
You acknowledge and agree that we may use and provide Company Data and Personal Data to Program Partners and Third-Party Service Providers to validate the information you have provided and determine your eligibility for the Services, as described in the Privacy Policy.
We may approve or deny your application or grant you provisional, limited access to the Services or your Fincone Account while your application is pending additional review. We may deny your application, interrupt provision of the Services to you, or suspend or close your Fincone Account where, in our sole determination, the information you provided is incomplete, inaccurate, or out of date.
Consent to Electronic Signature and Communications
You agree that submitting your application for a Fincone Account and indicating your agreement to the terms of this Platform Agreement electronically during the application process constitutes your electronic signature to
this Platform Agreement. You also agree that your electronic consent has and will have the same legal effect as a physical signature. By agreeing to the terms of the Platform Agreement, you consent to us providing Notices and account statements to you electronically, and understand that this consent has the same legal effect as a physical signature.
Supplemental Agreements
In certain circumstances, including when we deem Company to present a high risk to Fincone or we are required by a Program Partner, we may require supplemental agreements between Fincone and Company or parties affiliated with Company. The availability of specific Services to Company may be subject to these supplemental agreements. We may add or change the applicability of these requirements and the supplemental agreements at any time. Company or parties affiliated with Company (including affiliates, Control Persons, or employees, contractors, or agents authorized to use the Services on Company's behalf) may be required to enter into such supplemental agreements in order to access or continue use of the Services. We may require Company to enter into a security agreement or provide a security interest in Company assets for certain Programs. Required supplemental agreements are provided separately from this Platform Agreement.
1.3 Account Use Restrictions
Your Fincone Account and the Services may not be (a) used for any purpose that is unlawful or prohibited by this Platform Agreement, (b) used for any personal, family, or household use, (c) used for any transaction involving any Prohibited Activities, (d) provided to or used for any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC) or the U.S. Department of State, (e) used by third parties who are not Company employees, contractors, or agents or who are otherwise unaffiliated with Company, or (f) used for any purpose not related to the business of Company.
We will not approve and may terminate Fincone Accounts that we know or believe are engaged in any Prohibited Activities or otherwise do not comply with the restrictions in this section, as determined in Fincone's sole discretion. Fincone may limit Company's use of certain Services or require that you provide additional information to open or maintain your Fincone Account where Company is engaged in Restricted Activities, as determined in Fincone's sole discretion.
We may update the lists of Prohibited Activities or Restricted Activities at any time. You agree to review these lists regularly and contact us with any questions you have about how these lists may apply to Company's business. You agree to pay all Fines assessed against Fincone for your violation of the restrictions and requirements of this section or any use of the Services in connection with any Prohibited Activities or Restricted Activities.
We will not approve and may terminate Fincone Accounts that we know or believe are engaged in any Prohibited Activities or otherwise do not comply with the restrictions in this section, as determined in Fincone's sole discretion. Fincone may limit Company's use of certain Services or require that you provide additional information to open or maintain your Fincone Account where Company is engaged in Restricted Activities, as determined in Fincone's sole discretion.
We may update the lists of Prohibited Activities or Restricted Activities at any time. You agree to review these lists regularly and contact us with any questions you have about how these lists may apply to Company's business. You agree to pay all Fines assessed against Fincone for your violation of the restrictions and requirements of this section or any use of the Services in connection with any Prohibited Activities or Restricted Activities.
1.4 Data And Privacy
We process Personal Data in accordance with the Privacy Policy. You acknowledge, understand, and agree that we will collect, process, and share Company Data and Personal Data to provide the Services in accordance with this Platform Agreement and the Privacy Policy.
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