Terms and Conditions

Last Updated: Aug 21, 2025

This is a legally binding agreement. Please read these terms and conditions carefully. By registering for and using the Bank Shot web-based platform (the “Portal”), you acknowledge your agreement to be bound by these Terms. If you do not agree, you may not register for or use the Portal.

1. Definitions. “Access Credentials” means any username, password, token, or other code used to verify an individual’s identity and provide authorized access to the Portal. “Affiliate” means, with respect to a party, any entity controlling, controlled by, or under common control with that party. “API” means any application programming interface made available by Bank Shot to enable automated transfer of data between the Portal, Customer Systems, End Users, and other authorized third-party systems. “Business Hours” means Bank Shot’s normal business hours (currently 9:00 a.m. to 5:00 p.m. Eastern Time weekdays, excluding U.S. federal holidays). “Confidential Information” means all nonpublic information disclosed in connection with this Agreement that a reasonable person would understand to be confidential, including the Portal, Customer Data, Documentation, pricing, business operations, and this Agreement itself. “Customer Data” means all data entered into the Portal by Customer Users or transmitted through the API, including but not limited to payment instructions, account details, transaction records, and related information. “Customer Portal” or “Portal” means Bank Shot’s proprietary web-based system for managing payments and related information, provided as software-as-a-service. “Customer User” means an individual authorized by Customer to access and use the Portal under this Agreement using unique Access Credentials. “End User” means an individual payer or participant in a transaction whose payment or information is submitted through the Portal or Customer’s systems. “Services” means the services provided by Bank Shot under this Agreement, including access to the Portal, hosting, support, and related features. “Unauthorized Access” means use of the Portal by anyone who is not a Customer User.

2. License to Customer.
‍(a) Use of Portal. Subject to these Terms, Bank Shot grants Customer a non-exclusive, non-transferable license during the Term for Customer Users to access and use the Portal and related Documentation for Customer’s internal business purposes.
(b) Return of Funds. If an End User attempts to retrieve funds being transferred through the Services or does not have sufficient funds to cover a transaction, Customer shall return or reimburse such funds to Bank Shot within two (2) business days. Any such funds not reimbursed within two (2) business days will incur a 1% interest charge per 24-hour period until such funds are received by Bank Shot.
(c) Prohibition on Sharing Access. Each Customer User must have unique Access Credentials and may not share them with others. Unauthorized use of credentials is a material breach.
(d) Limitations of Payment Processing. Customer acknowledges that payments processed through the Portal depend on third-party banks and processors. Bank Shot is not responsible for delays, errors, or failures by such third parties.
(e) Restrictions. Except as expressly authorized, Customer shall not: copy, modify, or create derivative works of the Portal; reverse engineer or attempt to extract source code; use the Portal to compete with Bank Shot; remove proprietary notices; resell or sublicense the Portal; or use the Portal to store or transmit unlawful or malicious code.
(f) Emergency Suspension. Bank Shot may suspend Portal access without notice if use could disrupt the system, threaten security, or result in fraudulent or illegal activity.
(g) Prohibited Businesses. Customer shall not use the Portal to collect, transmit, or otherwise process payments for the following categories of businesses, industries, or activities. Bank Shot reserves the right to amend or expand this list at its sole discretion:

1. Illegal or Regulated Substances and Activities: Any business engaged in illegal activities under federal, state, or local law; cannabis or marijuana-related businesses that directly touch the product (cultivation, processing, testing, distribution, dispensaries, etc.); any synthetic or controlled substances (e.g., synthetic cannabinoids, synthetic cathinones/"bath salts," Kratom, HGH, HCG, Ephedra, salvia, colloidal silver, peptide hormones, or hallucinogenic substances); nutraceuticals or unapproved supplements presenting regulatory risk; pharmaceuticals or products attempting to imitate prescription drugs without approval.
   
   
2. Financial, Investment & High-Risk Payment Services: Unlicensed money services businesses, check cashing, payday lending, or predatory lending operations; gambling, betting, lotteries, sweepstakes, penny auctions, or similar activities; cryptocurrency, NFTs, digital wallets, prepaid cards, or other unregulated virtual currencies; crowdfunding platforms, investment schemes, securities trading, or unregistered brokerages; debt collection companies, credit repair services, or debt reduction/settlement businesses.
   
   
3. High Chargeback, Compliance, or Marketing Risk Industries: Adult entertainment or sexually explicit products and services; telemarketing, call centers, direct response marketing, or aggressive outbound sales channels; timeshare sales, travel clubs, concert or festival ticketing, or businesses with long-term future delivery risk (contracts or guarantees beyond one year); e-books, software utilities, downloadable goods, tech support, mugshot removal, or related businesses associated with deceptive marketing or poor consumer experience; business opportunities, investment "systems," fortune tellers, psychic services, or similar; multi-level marketing (MLM), pyramid schemes, or improperly structured affiliate networks.
   
   
4. Restricted Goods and Products: Weapons, firearms, ammunition, or explosives; hazardous materials, toxic chemicals, or unsafe consumer goods; counterfeit goods, copyright infringement, or intellectual property violations; products or services promoting hate, violence, harassment, or discrimination.
   
   
5. Geographical & Political Restrictions: Any entity located outside of the United States (including consulates, embassies, and foreign governments); businesses that require extensive regulatory approval that cannot be verified.

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3. Customer Users. Customer must maintain at least two active Customer Users during the Term and immediately revoke access for individuals no longer authorized.

4. Services Provided. (a) Hosting. Bank Shot will host and operate the Portal and make it available to Customer Users. (b) Support. Bank Shot will provide reasonable technical support during Business Hours. (c) Maintenance. Bank Shot may update or enhance the Portal from time to time, provided no material functionality is removed.

5. Fees and Taxes. (a) Customer shall pay all fees agreed upon, in U.S. dollars, via auto-draft or credit/debit card on file. (b) Bank Shot may increase fees annually, with at least 30 days’ written notice for increases over 10%. (c) Customer is responsible for all applicable taxes, excluding Bank Shot’s income taxes.

6. Customer Responsibilities. Customer must maintain confidentiality of Access Credentials; ensure all Customer Users comply with these Terms; provide accurate and complete Customer Data; implement policies for handling payments and training Customer Users; and provide Bank Shot with necessary bank information for reimbursement obligations under Section 2(b).

7. Data and Privacy. (a) Customer Data Ownership. Customer retains ownership of Customer Data. (b) License. Customer grants Bank Shot a limited license to use Customer Data solely to provide Services and for anonymized, aggregated analytics. (c) Privacy Policy. Use of Customer Data is subject to Bank Shot’s Privacy Policy.

8. Intellectual Property. Bank Shot retains all rights to the Portal, APIs, Documentation, and Licensed Materials. Customer receives only the limited license granted herein.

9. Confidentiality. Each party must keep the other’s Confidential Information secure and not disclose it except as necessary to perform under this Agreement or as required by law.

10. Warranties and Disclaimers. Bank Shot warrants it will provide Services in a professional manner. EXCEPT AS EXPRESSLY STATED, THE PORTAL AND SERVICES ARE PROVIDED “AS IS.” BANK SHOT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BANK SHOT’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE 12 MONTHS PRECEDING THE CLAIM. The limitation for Data Breach liability shall not exceed 200% of such amount.

12. Indemnification. (a) By Bank Shot. Bank Shot will indemnify Customer for third-party claims alleging the Portal infringes valid U.S. IP rights. (b) By Customer. Customer will indemnify Bank Shot against claims arising from Customer Data, Unauthorized Use, or Customer’s violation of law.

13. Term and Termination. (a) Term begins on Effective Date and renews annually unless either party gives 60 days’ notice of nonrenewal. (b) Either party may terminate for uncured breach (30 days’ notice; 5 days for payment breaches). (c) Upon termination, Customer must cease use of the Portal, and Bank Shot will provide Customer Data upon written request within 30 days, after which it may be deleted.

14. General Provisions. Governing Law: Georgia law governs; venue in Fulton County, Georgia. Independent Contractors: The parties are independent; no agency or partnership. Force Majeure: Neither party is liable for events beyond its reasonable control. Notices: Must be delivered in writing to the addresses specified by each party. Entire Agreement: These Terms are the complete agreement unless superseded by a signed MSA. Amendments: Must be in writing. Waiver/Severability: Failure to enforce is not a waiver; invalid provisions will be reformed. No Third-Party Beneficiaries: Except as expressly provided.

15. Relationship to Other Agreements. If Customer has a signed Master Services Agreement (MSA) with Bank Shot, that MSA controls in the event of any conflict with these Terms.

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