Castle Terms of Service
Effective date: January 21, 2025
Welcome to Castle. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Phone: 415-964-4845
Email: support@getcastle.com
Website: www.getcastle.com
Table of contents
What are the basic terms of using Castle?
- What about text messages and calls?
- Are there restrictions in how I can use the Services?
- What are my rights in using the Services?
- Who is responsible for what I see and do on the Services?
- Will Castle ever change the Services?
- Do the Services cost anything?
- More on the Paid Services
- What if I want to stop using the Services?
- What about our Mobile Application?
- I use the Castle App available via the Apple App Store – should I know anything about that?
- What else do I need to know?
How do the Vendor Payment Services work?
These Terms of Service (the “Terms”) ARBITRATION AGREEMENT SECTION BELOW are a binding contract between you and CASTLE PAY, INC., DBA CASTLE (hereinafter “Castle,” “we” and “us”). With respect to any Service that involves the transfer of funds, Castle has partnered with Column National Association (the “Bank”) to provide such Service. Castle operates a software platform that sends payment and funds transfer instructions to the Bank, and the Bank facilitates all funds transfers.
Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms, including the agreements within, may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we do so by posting the amended Terms to our website at www.getcastle.com and our mobile application. If there are material changes that require notice, we will notify you by electronic means, such as by placing a notice on our site located at www.getcastle.com or sending you an email.
The new Terms are effective upon posting on our website at www.getcastle.com and our mobile application. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. If the change is made for security purposes, we can implement such change without prior notice.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Castle takes the privacy of its users very seriously. For the current Castle Privacy Policy, please go to https://www.getcastle.com/privacy-policy.
Children’s Online Privacy Protection Act: The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”).
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an account with us. What this means for you: When you open an account, we will ask for your name, legal address, and other non-public personal information that will allow us to identify you. We may also ask for your date of birth, or to see a copy of your driver’s license or other identifying documents.
IMPORTANT INFORMATION ON ANTI-MONEY LAUNDERING, OFAC, AND KNOW YOUR CUSTOMER REQUIREMENTS:
The Service may be governed by OFAC regulations and/or anti-money laundering regulations. You may be asked to provide information requested for purposes of provision of the Service in compliance with applicable laws and regulation and may be used in conjunction with other information we have in connection with your use of the Service, including, but not limited to, your name, address, date of birth, identification documents, and other information that will allow us to identify you.
No Office of Foreign Assets Control (“OFAC”) Sanctions: You represent and warrant that (i) you are not located in a country that is subject to U.S. Government sanctions, embargos, or that has been designated by the U.S. Government as a Specially Designated National (SDN) or “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, such as the Specially Designated National and Blocked Persons List, and (iii) no person to whom you make payments using the Service is subject to OFAC sanctions.
Verification Required: We reserve the right to refuse to allow you or any of your authorized users or payees to use or participate in the Service if we are unable to obtain or verify information relating to identity or financial condition. Notwithstanding any steps that we take to verify the information provided to us, you represent and warrant that all information you provide is complete, truthful, accurate, and up-to-date.
Review of Accounts and Payments: You grant to us, and Castle reserves the right, to review or place on hold any Castle Account or any payment requested through the Service for any reason, including but not limited to credit and fraud risk or failure to comply with applicable laws, such as anti-money laundering regulations, combating terrorist financing laws, and OFAC sanctions. In our sole discretion, Castle may place a hold on a payment for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, a Castle Account, the vendor, any authorized user, individual, or representative associated with the vendor, as applicable, or any related facts or circumstances. Depending on the results of this review, Castle reserves the right to take any appropriate action, including canceling the payment, reversing the payment, or continuing to hold the payment pending instructions from a government agency.
Reports: You acknowledge that we may make, or provide documentation to the Bank or other third party servicer to make appropriate reports regarding payments made through the Service, including but not limited to financial institutions, regulators, tax agencies and law enforcement authorities, as required or permitted by law, and we will cooperate with the appropriate authorities in any resulting investigation or prosecution.
What are the basic terms of using Castle?
You are required to sign up for a Castle account (“Castle Account”), select a password and username (“Castle User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated information about yourself. You may not select as your Castle User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your Castle Account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your Castle User ID or password with anyone, and you must protect the security of your Castle Account and any access tools or credentials. You’re responsible for any activity associated with your Castle User ID and Castle Account.
- What about text messages and calls?
- As part of the Services, you may receive communications through the Services, including messages related to two factor authentication or that Castle sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Castle to send you information regarding your account or transactions with us, which may include Castle using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Castle, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Castle. You agree to indemnify and hold Castle harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
- Are there restrictions in how I can use the Services?
- You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- infringes or violates the intellectual property rights or any other rights of anyone else (including Castle);
- violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Castle;
- is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- jeopardizes the security of your Castle User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
- attempts, in any manner, to obtain the password, account, or other security information from any other user;
- violates the security of any computer network, or cracks any passwords or security encryption codes;
- runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- copies or stores any significant portion of the Content
- decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
- violates the Prohibited Business and Payments Schedule of these Terms.
- A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
- What are my rights in using the Services?
- The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Castle’s) rights.Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Castle owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
- Who is responsible for what I see and do on the Services?
- The platform is not liable for errors, omissions, or damages related to Content or user interactions. You must have all necessary rights to contribute Content, including personal information of children under 13. Castle is not responsible for third-party websites or services linked through our website or mobile application. You should read terms and privacy policies of these third parties. In case of disputes between users or with third parties, Castle is under no obligation to get involved, and you release Castle from any liability related to such disputes.
- Will Castle ever change the Services?
- We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
- Do the Services cost anything?
- Some of our Services are subject to payments now or in the future (the “Paid Services”). We charge an annual fee for use of the Services, along with additional fees depending on whether you elect to use certain additional services that we offer.Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.Any fees related to any deposit account you have with Castle will be disclosed in a separate fee schedule, if applicable.
- More on the Paid Services
- Any payment terms presented to you in the process of using or signing up for the Paid Services are deemed part of these Terms.
- Billing. We may use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you will agree to pay us, through the Payment Processor or any other billing service we authorize, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you will authorize us, through the Payment Processor or other authorized billing service, to charge your chosen payment provider. We reserve the right to correct any errors or mistakes that the Payment Processor makes, even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your payment method and may further be determined by agreements between you and the financial institution, payment card issuer or other provider of your chosen payment method. If we, through the Payment Processor, do not timely receive payment from you, you agree to pay all amounts due on your Castle Account upon demand.
- Change in Amount Authorized. If the amount to be charged to your Castle Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
- Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your payment method for that Paid Service. We may submit those charges to your Castle Account for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at: support@getcastle.com
- What if I want to stop using the Services?
- YYou’re free to do that at any time by contacting us at: support@getcastle.com. YOUR ANNUAL SUBSCRIPTION PAYMENTS FOR THE SERVICES ARE NON-REFUNDABLE. Notwithstanding the above, if, in our sole discretion, we determine that we provided an inadequate level of service, we may choose to offer a full or partial refund. An inadequate level of service may include a failure to identify at least $500 in eligible home savings for you, regardless of whether you claimed these savings, or a failure to provide you with at least five hours of customer service from the Castle Concierge. You must request a refund within 364 days of your account creation to be eligible for a refund.Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.Castle is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Castle has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.If you have deleted your account by mistake, contact us immediately at: support@getcastle.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
- What about our Mobile Application?
- You acknowledge and agree that the availability of our mobile application is dependent on the third party stores from which you download the application, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to the Apple App Store set forth below. You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service apply.
- I use the Castle App available via the Apple App Store – should I know anything about that?
- These Terms apply to your use of all the Services, including our iOS applications (the “Application”) available via the Apple, Inc. (“Apple”) App Store, but the following additional terms also apply to the Application:
- Both you and Castle acknowledge that the Terms are concluded between you and Castle only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Castle, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Castle, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- Both you and Castle acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Castle acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
- What else do I need to know?
- Warranty Disclaimer. Castle and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Castle and all such parties together, the “Castle Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Castle Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Castle Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CASTLE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE CASTLE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO CASTLE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity. You agree to indemnify and hold the Castle Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Castle’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Castle may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Castle agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Castle, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Castle, and you do not have any authority of any kind to bind Castle in any respect whatsoever.Except as expressly set forth above in section 9(j) regarding Apple and its subsidiaries and the Arbitration Agreement section regarding Personnel, you and Castle agree there are no third-party beneficiaries intended under these Terms.
Arbitration Agreement
Please read the following ARBITRATION AGREEMENT (“Arbitration Agreement”) carefully because it requires you to arbitrate certain disputes and claims with Castle and limits the manner in which you can seek relief from Castle. Both you and Castle acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Castle’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
- Arbitration Rules. Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
- Costs of Arbitration. The Rules will govern payment of all arbitration fees. Castle will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Castle will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Small Claims Court. Infringement. Either you or Castle may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
- Waiver of Jury Trial. YOU AND CASTLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Castle are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Castle over whether to vacate or enforce an arbitration award, YOU AND CASTLE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Castle is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: support@getcastle.com postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of this Arbitration Agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing Arbitration Agreement permits either you or Castle to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Castle agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
- Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Castle.
Bill Payment Related Services
The Castle Services include vendor payment services available through our mobile application. We enable our vendor payment services by enabling you to securely add and manage payment methods, automating the bill payment process, and providing a platform for you to create, submit, and track your bills, referred to hereinafter as the “Vendor Payment Services”.
We or Bank may refuse to process any transaction(s) in our sole discretion, including transactions that we believe may violate these Terms.
The Vendor Payment Services streamline vendor payments for the sole purpose of simplifying the process of paying bills, fees and other monies due to your home service vendors and other related third parties in connection with homeownership services.
Any references to “days” found in these Terms are calendar days unless indicated otherwise.
By providing a written or electronic signature on a signature card or opening, or continuing to hold any account with us, you agree to the most recent version of these Terms, which are available to you at www.getcastle.com, or by emailing us at support@getcastle.com.
How do the Vendor Payment Services work?
Payment Methods
To use the Vendor Payment Services, you must add account information from a valid and sufficiently funded external bank account to your Castle Account.
Debits from Your Payment Account
When you use the Vendor Payment Services to pay a vendor, you are responsible for the payment amount and agree to fund the payment to Castle. To fund the payment, you authorize Castle to process an ACH debit from your external bank account in the full amount of each payment requested. If there are insufficient funds in the external bank account to fund the transaction, your transaction may not be processed. If an ACH debit from your external bank account to fund a payment made by you through the Service is rejected or returned by your bank for any reason, YOU UNDERSTAND AND AGREE THAT YOU CONTINUE TO BE RESPONSIBLE FOR FUNDING THE PAYMENT AMOUNT AND AGREE TO PAY THE AMOUNT OF THE RETURNED DEBIT DIRECTLY TO CASTLE WITHIN 10 BUSINESS DAYS. You agree that we may resubmit a returned or rejected ACH debit to your external bank account, in our sole discretion. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding ACH debit. You certify that your external bank account is enabled for ACH debits, and agree to reimburse Castle for all penalties and fees incurred if any funding ACH debit is returned because your external bank account was not properly configured to accept ACH debits. If an ACH debit processed by us from your external bank account is rejected or returned for any reason, we reserve the right to suspend all payments from your Castle Account, or to terminate your Castle Account, all in our sole discretion.
Payment Instructions
Your use of the Vendor Payment Services will include your consent and authorization for Castle to process and originate electronic ACH debits and credits on your behalf. When you select a vendor in the Vendor Payment Services, you authorize us to follow the payment instructions that we receive from you to pay that vendor on your behalf. Castle is not a money transmitter or a money services business. Castle’s role in providing the Vendor Payment Services is limited to receiving and processing payment instructions from you to the Bank for the businesses you pay using the Vendor Payment Services. When we receive a payment instruction from you, we will use commercially reasonable efforts to make the payment, subject to these Terms, and you authorize us to instruct your vendor or intended third party to charge your connected bank account on your behalf, all in accordance with the payment instruction. You agree to be bound by any payment instructions that you provide to us, to the fullest extent allowed by law.
Payment Procedure
To use the Vendor Payment Services, you will be required to select your vendor payees, which may be limited to the vendors in the Castle network. You may be required to upload a bill or invoice, and provide additional information regarding the vendor payee.
When you choose to make a payment to a vendor payee, Castle will act on your behalf to automatically determine the most suitable payment method based on the vendor's preferences and the payment details you've provided. If a check is necessary, it will be generated and mailed on your behalf. For digital payments, Castle will securely retrieve your tokenized payment information, interact with the vendor's payment portal, and execute the payment, all while keeping you informed of any fees or changes in the payment amount.
How We Make Payments On Your Behalf
For the Vendor Payment Services, payment funds (other than any applicable service fees, or certain amounts owed to Castle under other agreements) do not pass into Castle’s legal ownership at any time from payment initiation to successful delivery, including any subsequent refunds. Castle operates as a software platform that sends payment instructions to the Bank.
You authorize us to make payments in the manner we select from the following methods:
- Electronic submission. Payment instructions will be sent directly to the vendor payee through their online portal or application, or they may be sent in a batch payment, depending on the preferences of the vendor payee. These instructions may initiate a direct bank transfer, or a debit or credit card transaction, depending on the vendor payee and/or your selected preferences with said vendor payee.
- Personal check. This is a check drawn on your account when it is presented for payment. We execute check payments on your behalf by using the bank account information you have securely provided to us. After verifying your account ownership through microdeposits, we generate a check through our secure check processing partner. This check is made payable to your designated vendor payee and mailed directly to them. You authorize us to sign these checks on your behalf and to sign in a name that may be different from your name, ensuring that payments are made promptly and securely, without the need for you to manually handle or mail checks yourself. If we sign the check in a name that is not your name, we will add an attachment to the check to explain that the check was written on your behalf.
Ownership of Funds Collected for Payment.
All funds are received directly by the Bank, and held in bank accounts at the Bank that are held in the Bank’s name. The account titles also show that these accounts are for the benefit of Castle’s customers. You grant Castle the right to instruct the Bank on the use of funds in the accounts, including to permit the Bank to receive funds from you and to then send funds to your vendor based on your instructions. The Bank transfers all funds for the benefit of Castle’s customers upon Castle’s instructions which you consent and authorize Castle to do by your use of the Vendor Payment Services. In the event that Castle processes an ACH debit to fund a payment before Castle makes the associated bill payment disbursement, the funds collected through the ACH debit will be held in a bank account held for the benefit of the payor. These funds may be commingled with other funds similarly collected for purposes of making payments requested through the Service.
Limited Agent; Authorization
You authorize Castle to act as your agent for the limited purpose of entering into an agreement with the Bank on your behalf to sweep your deposits held at the Bank to other depository institutions ("Network Institutions"). You acknowledge that the Bank will act as the Client's agent and custodian for the purpose of establishing and maintaining deposits at Network Institutions, that you will have no direct relationship with the Bank or the Network Institutions, and that information about your cash balances may be obtained from the Client and not the Bank or the Network Institutions.
Returns and Maintaining Sufficient Funds.
When using the Service, you understand and agree that it may take more than sixty (60) days for Castle to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under these Terms. You agree at all times to maintain sufficient funds in your external bank account to satisfy all obligations to Castle in connection with your Castle Account or your use of the Vendor Payment Services, including returns, reversals, and associated fees, and to add funds immediately if Castle notifies you that your funds are insufficient.
ACH Rules
Applicable Rules and Law. You agree that all electronic ACH transactions requested or processed in connection with your Castle Account or your use of the Vendor Payment Services are subject to these Terms, the Operating Rules of the National Automated Clearing House Association (“NACHA Rules”), and all other applicable laws, rules and regulations, which may include Uniform Commercial Code Article 4A or Regulation E. You acknowledge that you have a copy of or access to a current version of NACHA Rules. For purposes of the NACHA Rules, you are and assume the responsibilities of an Originator and Castle is a “Third Party Sender” for Bill Payment Services. You agree that Castle or Castle’s Originating Depository Financial Institution ("ODFI") may terminate or suspend these Terms (or direct Castle to terminate or suspend these Terms) for breach of the NACHA Rules in a manner that permits the ODFI to comply with the NACHA Rules. You agree to allow Castle and Bank to conduct audits of you and any Entry, including to audit your compliance with NACHA Rules.
Cancellation. Castle or its ODFI may reject any ACH transaction at any time, either with or without cause. You have no right to cancel or amend an ACH transaction after we have initiated it. We may use commercially reasonable efforts to act on a request by you for cancellation of an entry prior to transmitting it to the ODFI. We shall have no liability if any requested cancellations or reversals are not affected.
Returned Entries. We will notify you of the receipt of a returned Entry from the ACH Operator no later than one Business Day after the settlement day of such receipt. We will not dishonor any returned Entry unless you provide us such request in writing, together with any relevant information required under the NACHA Rules, and we receive the written request and information within the relevant timeframe for dishonoring such entry. Notice by us of a returned Entry shall be effective when given.
ACH Payments and Credits
ACH Payments. ACH payments may not be available for all payments, including but not limited to payments made in international currency. Castle reserves the right to refuse to make any payment through the ACH Network, for any reason, in Castle’s sole discretion.
Resubmission. You agree that Castle may resubmit a rejected or reversed credit to your external bank account, in Castle’s sole discretion. Castle is not responsible for any penalties, interest charges, late payment fees and service fees related to any rejected, reversed or returned ACH credit.
NACHA Disclosure. Your rights and obligations concerning an ACH credit entry to the account of a vendor are governed by and construed in accordance with the laws of the State of New York, unless you and the ODFI have agreed that the laws of another jurisdiction govern your respective rights and obligations; credit given by the Receiving Depository Financial Institution ("RDFI") to the vendor for the ACH credit entry is provisional until the RDFI has received final settlement through a Federal Reserve Bank or otherwise has received payment as provided for in Section 4A-403(a) of Article 4A; and if the RDFI does not receive such payment for the credit entry, the RDFI is entitled to a refund from the vendor in the amount of the credit to the vendor’s account, and you will not be considered to have paid the amount of the credit entry to the vendor. Castle is not responsible for any penalties, interest charges, late payment fees and service fees related to any ACH credit for which the RDFI does not receive payment for the credit entry.
Credit of Returned or Canceled Payments. If a payment requested or made through the Service is returned or canceled, Castle reserves the right to process an ACH credit in the amount of the payment to your external bank account bank account, less any fees or other amounts owed to Castle.
Payment Cancellation. You understand and agree that when you authorize a payment to be made to a vendor through the Vendor Payment Services, your authorization remains in effect for up to thirty (30) days. Payments that are scheduled but have not yet begun to be processed may be canceled and, if a change is needed, reissued, through your Castle Account. Once Castle has begun to process a payment, the payment cannot be canceled, and you must request to void the payment.
Void Payment Requests. To stop a payment after it has begun to process, you must request to void the payment through the Vendor Payment Services. If you submit a Void Payment Request, Castle will use commercially reasonable efforts to stop the payment, but you understand and agree that Castle may not be able to stop the payment. Castle’s ability to stop a payment depends on a number of factors, including but not limited to the payment method and whether the payment has cleared the vendor’s account. You agree that Castle will not have any liability for failing to stop a payment that has begun to process. A Void Payment Request may be subject to a fee.
Rights We Reserve. Castle reserves the right to expire, void or cancel any payment if the payment is not deposited or otherwise received and processed by a vendor within a reasonable amount of time, as determined by Castle in our sole discretion. If we expire, void or cancel any payment, you authorize and we will credit the amount of the payment to your external bank account, less any service fees or other amounts owed by you to Castle.
Connecting with vendor payee accounts
At certain times, eligible users may elect, through the Castle app, for Castle to view their account balance with certain vendor payees and make a payment for that balance on their behalf, using the Castle Vendor Payment Services. To enroll in this additional feature, eligible users must provide Castle with their account number with the vendor payee and consent to Castle acting as their agent to access, view and make payments based on information available on their accounts with vendor payees. By using this feature, you authorize Castle to act as your designated agent in this manner. Castle will rely on the amount displayed by the vendor to make payments and will not be responsible for any additional amount not so displayed. In all cases, it is your sole responsibility to ensure that payment to a vendor is made as required by the applicable agreement, contract or law. Except as otherwise agreed or required by law, you will be solely responsible, and Castle will not be responsible, for all penalties, interest charges, and other late payment fees associated with payments that are delivered after their due date.
Process Dates
Payment transactions made through the Vendor Payment Services require sufficient time for Castle to debit your external bank account and for your vendor to receive payment. You agree that you are solely responsible for scheduling payments. You understand that not all Castle products and services may allow you to select a future date on which Castle will process the ACH debit from your external bank account to fund the payment.
When provided by Castle, estimated payment dates are for convenience only, and Castle does not guarantee that a payment to a vendor will be made within any specific time frame. Castle disclaims any responsibility or liability if a payment scheduled through the Vendor Payment Services is not made to a vendor on or before any specific date. It is your sole responsibility to ensure that payment to a Vendor is made as required by agreement, contract or law. Except as otherwise agreed or required by law, you will be solely responsible for all penalties, interest charges, and other late payment fees associated with payments that are delivered after their due date.
Vendor Communications
You authorize us to send emails, text messages and to call your vendors as needed to facilitate the Services provided to you. You represent and warrant that your vendor has agreed to receive such communications from us. You further represent and warrant that when we send your vendor transactional communications regarding payments, such communications facilitate a previously agreed upon commercial transaction between you and your vendor.
Vendor and User Information
To use the Vendor Payment Services, you may be required to provide information for your vendors. For each vendor, you agree to provide correct and current information as requested by Castle. Vendors in the Castle network are responsible for maintaining the accuracy of their information. Castle will have no liability for losses or damages resulting from inaccuracy of your vendor’s information, or any actions or inactions by you or your vendor. You are solely responsible and Castle is not responsible for verifying the accuracy of any vendor information provided in connection with your Castle Account or use of the Vendor Payment Services. Castle will have no liability for losses or damages resulting from the inaccuracy of your vendor’s information, including bank account information, or your (or your vendor’s) actions or inactions. If you invite a vendor to join the Castle network, you acknowledge that it may take several business days following Castle’s receipt of all required vendor information to set up the vendor in the Vendor Payment Services. Castle does not guarantee that a vendor will be accepted or set up in the Vendor Payment Services within any specific time frame.
You acknowledge and agree that you are solely responsible for selecting and paying the correct vendor within the Castle network. Castle will have no liability or responsibility if you select or pay an incorrect vendor. In order to process payments more efficiently and effectively, we may submit check payments to the vendor address best known to us or alter data formats for a vendor, in our sole discretion and without notice to you.
Your Representations and Warranties
By providing, entering, connecting, or uploading any vendor information to the Vendor Payment Services, you represent and warrant that you have obtained all necessary authorizations or consents from the vendor to share such information.
When you enter bank account information for purposes of the Vendor Payment Services, you represent and warrant: (i) you have the authority to provide and disclose that information to Castle; (ii) you will provide complete and accurate information to Castle, including, but not limited to, information regarding the ownership of the account, and will notify us promptly if the account information or ownership changes; and (iii) each payment that you request through the Services complies with these Terms and applicable laws. Upon the addition of a payment method to your Castle Account, you agree that Castle may verify your payment method by any reasonable method in Castle’s sole discretion. For this purpose, a temporary microdeposit may appear on your account statement of your linked bank account.
For purposes of ACH debits and credits, and all electronic payments made through the Vendor Payment Services, you hereby agree to and represent the following:
- you authorize the Bank to process payment orders submitted by you. You understand that this authorization permits the Bank to act on payment orders received from you in accordance with these Terms.
- you understand and agree that all payments processed through the Vendor Payment Services are funded by an electronic withdrawal (an “ACH debit”) processed for Castle through the ACH Network from the bank account of the party making payment (the “payor”);
- you understand that we establish an exposure limit for you related to the dollar amount of payment orders that may be transmitted to the Bank across multiple settlement dates. We will review and adjust your exposure limit periodically, in accordance with the procedures outlined in our agreement with the Bank:
- you have the authority to, and do, authorize Castle and its ODFI to initiate and process ACH debits and credits, as applicable, in accordance with your payment instructions and as provided under these Terms, and, as necessary, the initiation of adjustments or reversals as provided under these Terms, or applicable law, rules or regulations;
- you have and maintain all necessary authorizations under the NACHA Rules and approvals from each vendor to originate credits to the vendor’s bank account and represent and warrant that your vendor certifies, or you have the authority to certify on behalf of your vendor, that the vendor’s bank account is enabled for ACH payments;
- you agree to be subject to and comply with these Terms, the NACHA Rules, and all other applicable laws, rules and regulations as the Originator under the NACHA Rules;
- you agree not to originate any payment orders (i) in violation of applicable law, and (ii) on behalf of, or for the benefit of, any third party or entity other than yourself;
- you are prohibited from using the Vendor Payment Services to send or receive funds from business entities engaged in any of the prohibited activities listed in the “Prohibited Business and Payments Schedule”.
- you understand that the Bank reserves the right to refuse to process a payment order for you at the Bank's sole discretion.
- you represent and warrant that your vendor agrees, or you have the authority to agree on behalf of your vendor, to be subject to and comply with these Terms, the NACHA Rules, and all other applicable laws, rules and regulations;
- you agree to safeguard all personal information, records of payment orders, source documents, and authorizations. You shall be jointly and severally liable with Castle to the Bank for any failure to comply with these obligations;
- you understand that Castle and the Bank reserve the right to conduct audits of you and any payment orders, including audits of your compliance with applicable law and these Terms;
- you agree to timely notify us and the Bank of any changes to information previously provided to us or the Bank; and
- you understand that we reserve the right to terminate or suspend your account and these Terms for either a breach of applicable law or these Terms.
If: (i) you initiate excessive disputes seeking to reverse, chargeback, or dispute payments you have initiated through Castle, or have a material number of such disputes unresolved for longer than 60 days; (ii) you materially breach these Terms; (iii) Castle forms a reasonable belief that you may be unable to cover future liabilities under these Terms (including if there is a material risk of your insolvency, or if you are the subject of a large number of vendor complaints); (iv) you have committed compliance violations, including being placed on any watchlist maintained by a regulator; or (v) you violate any Castle policies, each as reasonably determined by Castle, Castle, upon notice to You, may do any or all of the following in order to mitigate the risk to Castle: (a) suspend your ability to submit payments. If we believe that you: breach the Terms or any of our policies; violate any law, statute, ordinance, or regulation; send or receive what we in our discretion believe to be fraudulent funds; are using the Service for what we in our discretion believe is a fraud or crime; refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; or conduct business in a manner the results in complaints, fees, fines, penalties or other financial, legal, regulatory or reputational risk, liability or losses to us, other Castle customers, third parties, or you, then we may take a number of actions to protect Castle, our customers, and others in our sole discretion. These actions include, but are not limited to: limiting your use of the Services; closing or suspending your user account immediately, without any penalty to us. If we terminate your use of the Services for any reason, we will provide you with notice of our actions.
User Termination
If you terminate your relationship with us, you will remain liable for all obligations related to any of your accounts, even after that account is closed. In certain circumstances, such as the following, you may not turn off the vendor payment feature or close your user account: to evade investigation; if you have a pending transaction using the Services or an open dispute or claim related to your Castle Account; if your Castle Account has a negative balance; or if your Castle Account is subject to a hold or limitation.
Death or Incapacitation
You or your appointed party, designee, or appointed individual agree to notify us promptly if you die or become legally incapacitated. We will continue to process transaction instructions until we are: (a) notified of your death or adjudication of incompetency and (b) have a reasonable opportunity to act. You agree that, even if we have knowledge of your death, we may pay or process transactions on or before the date of death for up to ten (10) days after that date unless ordered to stop payment by someone claiming interest in your Castle Account. We may require additional documentation to confirm any claims made on the Castle Account.
Additional Services Available Through Castle
Castle Services also include elective services that are available to eligible users which may be restricted in the discretion of Castle. These services include (i) a tax benefit tracking function in which the enrolled user may apply virtual tags to transactions in the Castle mobile app to track the potential tax benefits associated with each, and (ii) a services and analytics platform in the Castle mobile app, and associated Castle personnel, that the enrolled user may access for assistance in identifying, reviewing, and applying for tax credits and rebate programs. These additional services are for personal use only and should not be used for business purposes.
Overview of User Experience
To use these additional services you must opt into this functionality in the Castle app. We will guide you through an intake questionnaire that collects certain information from you about your home, its renovation history, and your future renovation plans. Based on the information you provide, we will estimate your eligibility for certain tax credits and rebates, if any, such as the New York State Historic Homeownership Rehabilitation Credit, New York STAR Credit, and Federal Residential Energy Credits. You acknowledge and agree that it is your decision, in your sole discretion, whether to apply for, and/or participate in, any such programs, and you are solely responsible for any impact your application for, or participation in, such programs may have on you and your household. Your applicable tax authorities make the final determination of your eligibility for any tax credit or rebate. Castle is not responsible for any adverse decision. Your payment obligations to Castle are not a guarantee of any particular tax result.
Application Service
For certain credits or rebates, you may elect to have Castle prepare your application. Upon preparation, you may opt for Castle to submit the credit or rebate application to your tax authority on your behalf or forward it to the address of your choice. After the application process, you may continue to access your application and associated documentation in electronic format on a Castle digital property.
User Responsibilities
The login credentials for each authorized user are for a single individual only and cannot be shared or used by more than one person. You are responsible for all actions taken under your user account, whether such action was taken or authorized by you. Authorized users may be asked to create a strong password and provide a device on which to receive a multi-factor authentication code, one-time password or similar authentication token or mechanism (collectively, the Authorized User’s “Login Credentials ”). You are responsible for securing, safeguarding, and maintaining the confidentiality of Login Credentials. You agree to immediately notify Castle if you believe or suspect that your account has been compromised or accessed without authorization, or that any authorized user Login Credentials have been lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through your account without authorization. You are responsible for providing Castle with accurate and complete information. You must cooperate with Castle and follow the instructions provided to participate in the additional services, and exercise good faith in carrying out the processes necessary to secure the credits, savings, and other benefits that are identified to you. Castle retains sole discretion in determining whether you have participated in good faith in any of the aforementioned processes. You must also file your complete, independently reviewed tax returns and forms on or prior to the filing deadlines applicable to you. Castle is not responsible for your failure to receive a deduction, credit, discount, promotional rate, or refund due to your non-compliance with the above requirements, or late or incomplete tax filings, and any such failure does not relieve you of your payment obligations to Castle.
Informational Purposes Only
Any advice or guidance given by or on behalf of Castle in connection with a particular tax program is given solely for informational purposes and no materials provided by Castle should be construed as investment, legal, accounting, or tax advice. You should consult your lawyer, accountant, or tax professional should you need such advice.
Prohibited Business and Payments Schedule
You will not use the Service to pay any business or party in connection with any of the following goods, services, or transactions:
- Transactions involving sanctions targets;
- Direct onboarding or offboarding of cryptocurrency and cryptocurrency peer-to-peer payments;
- Marijuana-related businesses;
- Bearer share companies;
- Shell banks;
- Unlicensed or unregistered Money Services Businesses;
- Unlawful Internet Gambling Companies as defined in the Unlawful Internet Gambling Act of 2006;
- Payday lenders;
- Missions, embassies and consulates;
- Adult entertainment and services businesses;
- Drug trafficking, drug paraphernalia manufacturing, or illicit drug distribution;
- Ponzi schemes, pyramid selling, pump and dump schemes, or other forms of “get rich quick” business models;
- Hate speech or abuse and unlawful discrimination;
- Weapons, ammunition, and firearms trading or manufacturing;
- Counterfeit goods;
- Illegal or criminal activity;
- Gems and mining businesses, precious metals, and commodities;
- Pseudo-medical and pseudo-pharmaceutical companies; or
- Other activities in potential violation of applicable law, regulation, rule, or legal interest, including: (i) sending or receiving potentially fraudulent funds; (ii) in the course of any activity regulated by the Financial Crimes Enforcement Network (FinCEN) or any other relevant regulatory body; (iii) infringement or potential infringement of any party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; or (iv) acting in a manner that could be defamatory, trade libelous, threatening or harassing.