This is a legally binding agreement. Please read these terms and conditions carefully. By registering for use of the Bank Shot Mobile™ application, you acknowledge your agreement to be bound by the terms and conditions of this agreement. If you do not agree to these terms and conditions, you may not register for use of the web platform or mobile app.
Bank Shot Mobile App allows homebuyers, real estate agents, renters, and any payers to submit payments via remote deposit capture, ACH, wire transfer, and/or credit card transactions.
You represent that any information about yourself provided to the Company regarding your use of the App (the “Registration”) is and will be true and complete. The Registration is incorporated in and made a part of this agreement.
You further acknowledge and agree to the following:
If you are accepting these Terms on behalf of any legal entity, corporation, or governmental agency, you have been authorized to accept and to act on behalf of such entity or agency; You have read and understand these Terms; You will be bound and abide by these Terms; You are at least 18 years of age; You have the right, authority and capacity to enter into these Terms; You have a valid email address; You have a valid deposit account with a United States financial institution; You have not previously used the App in a manner that has subsequently been terminated or suspended for any reason; and these Terms are the legal equivalent of a signed, written contract between you and Bank Shot.
The Company hereby grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App only as specifically set forth in this agreement and only for purposes of initiating payments to the Company. The Company reserves for itself and its licensors any rights not expressly granted in this agreement.
You acknowledge that the App is provided to you free of charge (although your financial institution may charge fees for payments processed through the App) and the Company may terminate this agreement and the license granted in this agreement at any time with or without notice to you by disabling your access to the App. You may terminate this agreement at any time upon written notice to the Company.
You may not provide your login information (including your password) to anyone else or allow anyone to login to the App using your login information. You may not permit any other individual or company to use, access, or view the App. You acknowledge that it is your responsibility and risk to ensure the security of the mobile device to which you install the App, including by the use of a complex passcode to such device, to ensure that no person obtaining such mobile device may gain access to the App in order to effect payments from your bank account.
You hereby authorize Bank Shot, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. Such verification and authentication may also require your provision of log-in credentials for certain of your financial accounts. You provide log-in credentials for your accounts (“Credentials”) at your own risk.
Consumer Protections. Bank Shot supports and honors your consumer rights and protections granted under Applicable Law, including your right to dispute and correct inaccurate, erroneous, and fraudulent transactions (“Inaccurate Transactions”). Pursuant to the United States Electronic Fund Transfer Act (“EFTA”), you have 60 days to provide written notice stating (a) your good-faith belief that an Inaccurate Transaction has occurred; (b) the basis for your belief; and (c) the amount of the inaccuracy. If a financial institution determines an Inaccurate Transaction has occurred, Bank Shot will work with that institution to promptly correct the Transaction. You may be subject to a $50.00 administrative fee if your notice of an Inaccurate Transaction is deemed invalid.
Protection of Properly Initiated and Authorized Transactions.
Bank Shot complies with applicable laws governing properly initiated and authorized transactions, specifically: (i) the availability for withdrawal within one banking day of electronic payments actually and finally collected pursuant to United States 12 CFR 229.10(b); and (ii) the prohibition against reversing transactions not deemed Inaccurate Transactions as dictated by Rule 2.9 of the National Automated Clearing House Association’s (NACHA) Rules. Bank Shot may suspend your account, and access thereto, if you attempt to reverse, chargeback, or pullback a properly authorized transaction for any reason other than an Inaccurate Transaction. User acknowledges Bank Shot’s right to pursue all available collection and legal remedies to recover funds Bank Shot remits on an authorized Transaction that you subsequently and improperly attempt to reverse, charge back, or pull back.
Services via SMS, Mobile Data, or Remote Deposit Capture. If you use the App on your mobile phone or tablet, you are responsible for any fees that your phone service provider charges for SMS, data services, etc. Your phone service provider is not the provider of the Bank Shot App.
Calls to You. By providing Bank Shot a wireless/cellular telephone number, you consent to receiving support calls from Bank Shot at that number should the need arise.
Closing Your Account
i. How to Close Your Account:
Login to the Bank Shot Mobile App.
Navigate to Profile.
Select "Delete User Profile".
Delete the Bank Shot Mobile App from your mobile device.
ii. Limitations on Closing Your Account
You may not close your account to evade a transaction investigation. You will remain liable for all obligations related to your account even after the account is closed.
Termination. Upon termination of this Agreement for any reason, we have the right to prohibit your access to the App, including without limitation by deactivating your username and passcode.
Account Closure. If we close your account or terminate your use of the Bank Shot Platform for any reason, you may contact us and request restoration of access if appropriate. However, if we deem you violated this Agreement, restoration is at our sole discretion.
Intellectual Property. “BankShot.com”, “Bank Shot”, the “Bank Shot App” and all related logos, products and services described in our website and mobile applications are either trademarks or registered trademarks of Bank Shot Holdings, LLC. You may not copy, imitate or use them without Bank Shot’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Bank Shot. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these logos in any way, use them in a manner that is disparaging to Bank Shot or the Bank Shot App or display them in any manner that implies Bank Shot’s sponsorship or endorsement. All right, title and interest in and to the Bank Shot App, including its website and mobile application and any content thereon are owned or licensed by, and are proprietary to Bank Shot Holdings, LLC. Your rights in and to them are limited to the License.
Taxes. Bank Shot is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Confidentiality. All confidential, non-public information one party receives from the other in its performance under these Terms, including Bank Shot’s Intellectual Property, and the content, features and functionality of the App, shall be held in strictest confidence and shall not, without the express written consent of the disclosing party, be used or disclosed except to those of the receiving party’s employees, service providers, and individual independent contractors who are bound to substantially similar obligations of confidentiality and have a need to know or as required by law.
User Confidentiality. If you receive information about another Bank Shot user through the App, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a Bank Shot user’s information to a third party or use the information for marketing purposes unless you receive the user’s express consent to do so.
Loss or Theft of Account Information, PIN, and Mobile Device. If you believe that any of your Bank Shot account Registration information, passcode, or mobile device containing the App platform has been lost or stolen, or if your account history shows transfers that you did not make, immediately contact Bank Shot at Support@getbankshot.com .
Actions by Bank Shot. If we have reason to believe that you have engaged in any restricted activities, made fraudulent or unexplainable transactions, violated any parts of this Agreement or provided any incorrect information, we may take various actions to protect Bank Shot, another user, a third party, or you. The actions we may take include but are not limited to the following:
You acknowledge and agree that you do not acquire any ownership rights to the App through this agreement or by your use of the App. The Company and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and all intellectual property and proprietary rights therein. You acknowledge that you may suggest improvements and/or communicate to the Company ideas, inventions, discoveries, or concepts (“Ideas”) during the term of this agreement and that you and the Company may discover or create the Ideas jointly, and you agree that any such Idea shall be and remain solely the property of the Company and/or its licensors and may be used and sold, licensed, or otherwise provided by the Company and/or its licensors to third parties, or published or otherwise publicly disclosed, in the Company’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to the Company any and all of your rights, titles, and interests in and to any such Ideas.
In order for the Company to provide the App, you grant to the Company, during the term of this agreement, a non-exclusive right and license to use, copy, distribute, display, and transmit information you enter during Registration and into the App solely to the extent necessary for providing the App services. The App maintains certain personally-identifiable information about you. Except as otherwise required by law or court order or as described in the Company’s Privacy Statement https://getbankshot.com/privacy-policy/ or in an authorization that you give the Company (through the App or otherwise), the Company will not use or disclose any such information for any purpose other than to provide the Services and for the Company’s related business and administrative purposes. The foregoing notwithstanding, the Company may compile (or permit its licensors to compile) anonymous statistical data relating to your use of the App so long as such statistical data does not identify you. You hereby assign to the Company any and all of your right, title, and interest in and to such anonymized statistical data.
You acknowledge that the App constitutes valuable assets and trade secrets of the Company and/or its licensors and that the App is protected by United States patent law, United States copyright, and/or international law. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the App.
You acknowledge and agree that this Agreement is between you and Bank Shot, not with any third party (including, but not limited to, Apple®, Google®, or any mobile carrier), and that Bank Shot is solely responsible for the Bank Shot App or platform. Your use of the Bank Shot App 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® or Verizon®), and other parties involved in providing your mobile device service. Third party operating system, your phone or other mobile device manufacturer, your wireless carrier or other network provider, any other product or service provider related to your mobile device service are collectively referred to as “Covered Third Parties.” You agree to comply with all applicable Covered Third Party terms of service or other agreements when using the Bank Shot App. Bank Shot is not a party to those agreements and has no responsibility for the products and services provided by Covered Third Parties.
You hereby authorize the Company, its affiliates, and their respective employees, agents, and contractors to initiate electronic communications by e-mail, telephone (including to cellular phone numbers), and text messages in order to confirm payments made through the App and for other purposes related to the App and the Services provided to you by the Company, and you consent to such communications. Note that your carrier may charge for these incoming calls or messages.
Restricted Activities. In connection with your use of your account, or the mobile application (“App”), including Bank Shot’s website, or in the course of your interactions with Bank Shot, as a user or a third party, you will not:
Prohibited Use. Any use of our website, App, and content not intended by Bank Shot or expressly granted in these Terms is expressly prohibited. Any use that violates any applicable law is expressly prohibited.
Your Liability – Actions We May Take. You are solely responsible for ensuring that your use of the Bank Shot Platform is in conformance with applicable federal, state and local laws and regulations.
You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Bank Shot, a Bank Shot user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the App. You agree to reimburse Bank Shot, a user, or a third party for any and all such liability.
You acknowledge that you are responsible for the accuracy of all transactions sent using the App. Bank Shot shall not be responsible or in any way held liable due to inaccurate transactions, including but not limited to sending an incorrect check amount or sending checks to an incorrect recipient.
THE APP AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THESE TERMS ARE PROVIDED “AS IS,” AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. THE COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE APP OR ANY PART OF IT, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT THE COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE.
Due to the continual development of new techniques for intruding upon and attacking networks, the Company does not warrant that the App, or any equipment, system, or network on which it is used or accessed, will be free of vulnerability to intrusion or attack that results in your inability to use the App or the unauthorized disclosure or compromise of your information in the App.
Laws regarding the transmission of personal information may vary from one state to another in the United States. You agree that you will use the App only in a manner that complies with all applicable laws in the jurisdictions in which you use the App and that your use of the App is subject to all applicable local, state, national laws and regulations. You further agree to access the App only from within the United States.
NEITHER THE COMPANY NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE YOUR RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER COMPANY WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. THE APP IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS’ AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES PROVIDED BY THE APP), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
You agree to indemnify and hold harmless the Company, its licensors, and their respective officers, directors, employees, and agents for any violation by you of the terms of this agreement.
YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP.
This agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Except as otherwise expressly provided herein, this agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect. The failure of either party at any time to require performance by the other party of any provision of this agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this agreement. If any provision of this agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, the validity and enforceability of all provisions of this agreement not ruled to be invalid or unenforceable will be unaffected and the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein.
This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia (other than its conflicts of law provisions) and venue for any dispute shall be exclusively in the federal or superior courts located in Fulton County in the State of Georgia.
You may not assign this agreement or any of the rights or licenses granted under this agreement. Any attempted sublicense, transfer, or assignment in violation of this agreement is void.
The Company’s licensor that provides the App to the Company so that the Company may make it available to you, Bank Shot Holdings, LLC, is intended to be, and shall be, a third-party beneficiary of this agreement with rights to enforce this agreement against you.
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.
Indemnification. You agree to defend, indemnify and hold harmless BANK SHOT and its affiliates, officers, directors and employees from any claim or demand (including any damages, losses, expenses and attorneys’ fees resulting therefrom) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the BANK SHOT Platform.
Release of Bank Shot. If you have a dispute with one or more users relating to a transaction, Bank Shot is not responsible for any such dispute and you hereby release Bank shot (and our officers, directors, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Modification of Terms. We may amend these Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we make changes to this Agreement with you that either reduces your rights or increase your responsibilities, we will provide 21 days’ notice to you before the changes become effective. By using the BANK SHOT Platform after a new Agreement has been posted, you agree to the revised Agreement.
Compromised Personal Information. You are responsible to notify us immediately at Support@getbankshot.com if you believe (a) your personal or user information has been lost, stolen, or compromised; (b) an unauthorized party is using the App with your user information; or (c) an unauthorized transaction has occurred.
Money transmission services are provided by Priority Technology Holdings, Inc., directly or through its subsidiary Finxera, Inc. (NMLS #1168701), or its authorized affiliates and contractors.
Notices. All notices and other communication between us (“Communications”) must be in writing. Communications to Bank Shot must be sent to our contact information contained in these Terms or on our website’s “Contact Us” link. Bank Shot will send Communications to the addresses provided you provide upon Registration.
HOW TO CONTACT US. If you have questions or concerns regarding this Agreement or your Bank Shot account, or any feedback that you would like us to consider, please email us at Support@getbankshot.com.