Agreement to Terms

These Terms of Service (“Agreement”) set forth the general terms and conditions of your use of the “Empowch” mobile application (herein after referred to as “Empowch App”), Empowch.com website, Bankey.io website, and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you, whether personally or on behalf of an entity (“User”, “you” or “your”) and Bankey, LLC (“Bankey, LLC”, “we”, “us”, or “our”), located at 1100 15th Street NW. Washington, D.C. 20005 United States, who owns and operates the Services. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms (“User”, “you” or “your”) shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services.

Our Services are intended for people who are at least 18 years of age. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you are under the age of 18, you are not permitted to use the Services without parental permission.

Our Services are currently provided to people legally residing in the United States, Australia, United Kingdom, and select countries in the European Union including Belgium, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Netherlands, Poland, Slovenia, Spain, and Sweden. You may create a Empowch user account on the Services if you legally reside in Morocco, United Arab Emirates, Kingdom of Saudi Arabia, Egypt, Mexico, or Canada; however, our Services are not yet available in those countries. The information provided by the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Bankey, LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

Prohibited Use

You may not access or use the Services for any purpose other than that for which we make our Services available.

As set forth in this Agreement, you are prohibited from using the Services:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including but not limited to, deleting the proprietary rights (such as copyright) from our Content;
• to submit false or misleading information, including but not limited to:
  • attempt to impersonate another user or person;
  • use the account of another person;
  • misrepresent experience, skills, or personal information about yourself or another user;
  • use support services improperly by giving false reports of abuse or misconduct; or
  • imply a relationship with us that is false;
• to access (or attempt to access) any part of the Services, networks, servers, or computer services that you are restricted or unauthorized from accessing;
• to upload (or attempt to upload) or transmit (or attempt to transmit) viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet;
• to spam, phish, pharm, pretext, spider, crawl, or scrape, including but not limited to:
  • use automate systems to send messages or gather and extract information;
  • retrieve data or content to compile a database or directory;
  • collect user account information (i.e., name, email address, etc.);
  • create user accounts under false pretenses; or
  • trick, defraud, or mislead us and users to obtain user account information;
• to interfere with or circumvent the security features of the Services, third party products and services, or the Internet;
• to interfere with, disrupt, or create an undue burden on the Services or other parties connected with the Services;
• to use a buying or purchasing agent;
• to advertise goods and services;
• to frame or link the Services without permission;
• to sell or transfer your account;
• to copy or make adaptations to the Services or Content;
• to use our Services or Content to compete with us or create a commercial endeavor;
• to advertise products or services that we did not intend; or
• for any obscene or immoral purpose.

User Accounts

If you create a user account on the Empowch App, you are responsible for maintaining the security of your account and for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

Providing false account information or acts of omission of any kind may result in the termination of your account. We will not be liable for false information or acts of omissions by you, including any damages of any kind incurred as a result of these acts.

We do not own any personal or financial information that you submit on the Empowch App when creating your account. You grant us permission to monitor and review your account information submitted by you on the Empowch App. You grant us permission to access, copy, distribute, store, transmit, reformat, and display your account information solely as required for the purpose of providing the Services to you. Unless specifically permitted by you, your use of the Empowch App does not grant us permission to use, reproduce, adapt, modify, publish or distribute your account information for commercial, marketing or any similar purpose.

We are not liable in anyway for any unauthorized access to or use of our Services and/or any and all personal information and/or financial information stored on the Empowch App.

We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement. If we delete your account for the above reasons, you may not re-register for our Services by creating a new account under your name, a false name, a borrowed name, or a name of a third party. We may block your email address and Internet protocol address to prevent further registration.

Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Bankey, LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Bankey, LLC.

All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of Bankey, LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties.

Your use of the Services grants you no right or license to reproduce or otherwise use any of Bankey, LLC or third party trademarks.

Our Content

Our Services that include the Empowch App, website, source code, social media, databases, dashboard, text, video, photographs, audio, graphics, and functionality (collectively, “Content”) are owned or licensed to us and are protected by copyright or trademark laws.

You are granted permission to access and use our Content, including printing or copying any part of our Content, provided you are eligible for use of our Services and will use the Content solely for personal use. You may not correct, modify, adapt, add, or enhance our Content for any reason.

No part of our Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed publicly, encoded, translated, transmitted, distributed, sold, or licensed for commercial use without our written permission.

We regularly update our Content but make no representations, warranties or guarantees that our Content is accurate, complete, or up-to-date. We do not guarantee that our Content is free of errors, inaccuracies, or omissions and are not liable in any way if they exist. Our Content maybe updated, changed, modified, or removed at anytime for any reason without notice.

Our Content is considered generic information and should not be used in lieu of professional advice, nor on as a basis to take or not take action.

Management of Services

At our discretion, we have the right to monitor the Services for violation of provisions in this Agreement, take legal action against anyone who violates provisions in this Agreement or any laws or regulations, and otherwise manage our Services in a way that protects our rights and allows for proper functioning of our Services.

We cannot guarantee that our Services are absent of bugs or viruses, although every effort is made to prevent and eradicate their presence. You are responsible for configuring access to our Services and using your own virus protection software. You may not hold us liable in anyway if there are any bugs, viruses, or the like are transmitted to or through the Services by any third party.

We cannot guarantee that our Services will always be available. The Services may from time-to-time experience problems (i.e., hardware, software, etc,) or require maintenance that may cause delays, interruptions, cessation, or errors. You may not hold us liable for any losses or damages related to availability of the Services.

Mobile Application

In accordance with these Terms of Service, we give you a revocable, non-exclusive, non-transferable, limited right to access the Services via mobile application which includes downloading and using the Empowch App on a mobile electronic device owned and operated by you.

When you use a mobile application obtained from either the Apple Store or Google Play (collectively, “App Distributor”) the terms below apply to access the Empowch App:

• The license given to you for the Empowch App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;
• We are responsible for providing any maintenance and support services with respect to the Empowch App as specified in these Terms of Service or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Empowch App;
• In the event of any failure of the Empowch App to conform to any applicable warranty, you may notify the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Empowch App, and to the maximum extent permitted by applicable law, an AppDistributor will have no other warranty obligation whatsoever with respect to the Empowch App;
• You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and you are not listed on any U.S. government list of prohibited or restricted parties;
• You must comply with applicable third party terms of agreement when using the Empowch App, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the Empowch App; and
• You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.

Financial Services Partners

Bankey, LLC partners with the crypto to fiat exchange, Wrye Payments, Inc., its affiliates and partners (herein after referred to as “Wrye”), a regulated Money Service Business (MSB), to offer you the the Services which includes but is not limited to identification verification, digital wallet, ACH deposits and withdraws, MoneyGram Access, etc. By creating an account on the Empowch App and initiating the Services, you agree to Wrye’s user agreement.

https://www.sendwyre.com/legal/user-agreement

You must comply with the Partner Terms when creating an account or using the Empowch App. The Partner Terms may be modified from time to time, and the governing versions are incorporated by reference into these Terms of Service. Any term not defined in this section but defined in the Partner Terms assumes the meaning as defined in the Partner Terms. IT IS YOUR RESPONSIBILITY TO READ AND UNDERSTAND THE PARTNER TERMS BECAUSE THEY CONTAIN TERMS AND CONDITIONS CONCERNING YOUR ACCOUNT ON THE EMPOWCH APP, INCLUDING BUT NOT LIMITED TO LIMITATIONS, REVERSALS, AND ARBITRATION PROVISIONS, AND YOUR RELEVANT RIGHTS AND LIABILITIES.

Electronic Communications

You consent to receive electronic communications from us by visiting the Services, by email, by Short Message Service (SMS), by push-notifications to your mobile device, or by notifications within the Empowch APP. Electronic communications may include information regarding transactions, account verifications, agreements, notices, disclosures, and other forms of communication. You agree that these communications satisfy any legal requirement to provide communication in writing. You agree to the use of electronic signatures, contracts, orders or other records and to electronic delivery of notices, policies, and records of transactions. You waive any rights or requirements under any statutes, regulations, rulers, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

By agreeing to these Terms of Service, you OPT-IN to receiving SMS from the Empowch App while accessing and using the Services.

Limitation of Liability/ Warranties

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk except as expressly set out in these Terms of Service. All warranties, terms, conditions and undertakings expressed or implied (including by statute, custom or usage, or common law) in connection with the Services and your use thereof are excluded to the fullest extent permitted by applicable law. We will not be reasonable for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.

To the fullest extent permitted by applicable law, in no event will Bankey, LLC, its affiliates, partners, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Bankey, LLC and its affiliates, partners, officers, employees, agents, suppliers and licensors relating to the Empowch App and the Services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Bankey, LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Bankey, LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Virginia, United States of America without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Virginia, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

 

Refunds

There are no refunds for completed transactions. You can cancel your transaction for a full refund but only if the transaction has not yet been completed.

 

Changes and Amendments

We may update or change our Services from time-to-time to reflect changes to our products, our users’ needs and/or business priorities.

At our discretion, we have the right to modify this Agreement or its terms related to the Services at any time. We will revise the updated date at the bottom of this page when we do. We may (or may not) provide notice to you when these terms are updated through electronic communications. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. You are responsible for reviewing this Agreement to stay informed of updates. Your continued use of the Services after the effective date of the revised Agreement will constitute your consent to those changes.

 

Termination

This Agreement shall remain while you use our Services according to the terms and conditions set out in this document. If you want to terminate use of our Services for any reason, at anytime, go to account settings (if available), or contact us at support@empowch.com.

At our discretion, we have the right without notice or liability, to terminate or deny use of our Services for any reason including but not limited to violation of provisions in this Agreement or any applicable law and regulations. If we terminate your account for the foregoing reasons, we may block your email address and IP address to prevent further use. Additionally, we have the right to take appropriate legal action, including but not limited to pursuing civil, criminal, and injunctive redress.

  

Additional Policies

In addition to this Agreement, additional policies also apply to use of our Services including our Privacy Policy as well as our Partner Terms (see Financial Services Partners above).

https://www.empowch.com/privacy-policy/

General

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

We may assign any or all of our rights and obligations to others at any time.

This Agreement, including subject matter and formation, are governed by United States of America law.

If any provision or part of these Terms of Service is unlawful, void or unenforceable, that provision or part of that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms

These Terms of Service and any other policies posted by us on the Services constitute the entire Agreement.

You acknowledge that you have read this Agreement and agree to all its Terms of Service. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

Contacting Us

If you have an account on Empowch App and have account related questions or concerns, need assistance, have a security concern, need to update or correct your personal information, want to terminate your account, or otherwise need to contact us regarding your account, please contact us by email at support@empowch.com.

If you have any general questions, concerns, or complaints regarding this Agreement, we ask you to contact us at contact@empowch.com.

Last Updated on September 23, 2022