Last Updated: July 2021
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT” OR BY OTHERWISE ACCESSING OR USING THE SITE OR APIs, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR ACCESS OR USE OF THE SITE AND APIs, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THE SITE OR APIs. YOUR ACCESS TO AND USE OF THE SITE AND APIs, AND BOND’S PROVISION OF THE SITE AND APIs TO YOU, CONSTITUTES AN AGREEMENT BY BOND AND YOU TO BE BOUND BY THESE TERMS.
[Plain English: These are the terms that apply to your use of our website and your use of our APIs in a sandbox environment. Please read these terms. If you don’t agree with them, you shouldn’t access or use our website or our APIs.]
Bond reserves the right to discontinue or amend the Site or APIs, or any portion or feature thereof, in Bond’s sole discretion without notice. Bond will not be liable for any changes to the Site or APIs or if, for any reason, all or any part of the Site is unavailable at any time or for any period. Without limiting the foregoing, you acknowledge that Bond may change, deprecate, or republish its APIs from time to time, and it is your responsibility to ensure that calls or requests you make to the APIs are compatible with Bond’s then-current APIs. From time to time, Bond may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
[Plain English: We can change this website or the APIs at any time. If we change the APIs, please make sure that your API calls are compatible with our updated APIs. We can also restrict access to any part of this website at any time.]
A non-production version of Bond’s enterprise fintech service for brands and banks is made available to you through this Site. Bond’s fintech service enables brands to offer personalized banking products made available by banks that have partnered with Bond. For our fintech service to be made available to you for commercial use, you must enter into a separate written agreement with Bond. These Terms do not govern your commercial use of our fintech service through the Site.
[Plain English: If you would like access to our fintech service for brands and banks for commercial use, you have to sign a separate agreement with us. These terms don’t apply to your commercial use of our fintech service.]
2. Eligibility to Use the Site and/or APIs
You must be at least 18-years old to use the Site or APIs. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the Site; and (c) your registration and your use of the Site and APIs is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
[Plain English: If you agree to these terms, you’re at least 18 years old, haven’t been kicked off our website before, and are in compliance with laws when you use our website and APIs. If you’re agreeing to these terms on behalf of your company, you promise you have your company’s authority to do so.]
3. Your Conduct
You may use the Site and APIs only for lawful purposes and in accordance with these Terms. When using this Site or APIs, you understand and agree that:
[Plain English: Please use this website and APIs for legal purposes and in a way that doesn’t violate any laws or someone else’s rights. You should not interfere with the operation or the security of this website or the APIs. We ask that you please respect our intellectual property rights in this website and the APIs. For example, do not copy, transfer, or sell any part of this website or the APIs or anything else we provide through this website. You’re responsible for any of your users’ activities in connection with this website and the APIs.]
[Plain English: Please use our APIs in accordance with their technical documentation and our policies. We set limits on your use of our API and monitor your use, so we ask that you not exceed those limits. Please reach out to Bond if you need to use our APIs beyond the set limits.]
4. Accounts and Registration
You may create an online user profile consisting of a username, password, and other information that you provide. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete.
You understand and agree that you are solely responsible for maintaining the privacy and security of your usernames and passwords, and for any activity associated with your online user profile. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. In the event that your username and password are compromised or you are aware of any unauthorized activity being conducted with your user credentials, you agree to immediately notify Bond at firstname.lastname@example.org.
[Plain English: Please provide accurate information when you create your profile on this website. Make sure you keep your user name and password safe and email us at email@example.com if you think your username and password are being used suspiciously.]
5. Intellectual Property
Subject to your complete and ongoing compliance with these Terms, Bond grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and APIs.
You understand and agree that, as between you and Bond, Bond holds all right, title, and interest to the Site, the Materials (as defined below), APIs, and all intellectual property, material, content, features, and services provided through the Site, as well as the design, selection, and arrangement thereof. The foregoing applies regardless of (i) the form of intellectual property; (ii) how it was provided to you; or (iii) your geolocation. Except as expressly authorized by Bond, you may not make use of the Site, any Materials (as defined below), or APIs. Bond reserves all rights to the Site, Materials, and APIs not granted expressly in these Terms.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or APIs in breach of these Terms, your right to use the Site (or APIs) will cease immediately and you must, at Bond’s option, return or destroy any copies of the materials you have made. Any use of the Site or APIs not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
[Plain English: You may access and use this website and the APIs as long as you comply with these terms. You understand that Bond owns this website (and any content on this website), Bond’s brand, and the Bond APIs. If you don’t comply with these terms, your access to this website and the APIs will immediately end.]
Bond maintains trademarks, service marks, logos, domain names, and other branding material for its various organizations, products, and services (collectively, “Materials”), and has a strong interest in maintaining the integrity of its intellectual property rights in those Materials. You understand and agree that you will not use any Materials, whether or not intellectual property rights in those Materials have been registered or applied for, without the prior written consent of Bond.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or APIs (“Feedback”), then you hereby grant Bond an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site, APIs, and create other products and services.
[Plain English: We own any feedback you give us about this website or the APIs and we can freely use that feedback.]
6. Privacy and Confidentiality
In your use of the Site or APIs or in other interactions with us, you may be given access to certain non-public information, software, specifications, or code (collectively, “Confidential Information”), which is confidential and proprietary to Bond. Without limiting the foregoing, the Bond fintech service and APIs are Bond’s Confidential Information. You may use Confidential Information only as necessary in exercising such rights as are granted to you in these Terms. Unless otherwise expressly agreed in writing by Bond, you agree not to disclose, publish, or disseminate any Bond Confidential Information to any third party or use any such Confidential Information for your own or any third party’s benefit. You may not use or export any Bond Confidential Information in violation of United States law or the laws of the jurisdiction in which you obtained the information. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information. You acknowledge that your unauthorized disclosure or use of Bond’s Confidential Information could cause irreparable harm and significant injury to Bond that may be difficult to ascertain. Accordingly, you agree that Bond will have the right to seek immediate injunctive relief, without the necessity of posting a bond or other security, to enforce your obligations under these Terms in addition to any other rights and remedies it may have. If you are required by law, regulation, or a valid binding order of a court of competent jurisdiction to disclose any Confidential Information, you may make such disclosure but only if you have notified us before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential treatment of such information.
[Plain English: You may receive Bond confidential information when you use this website or the APIs or in other interactions with us. Bond’s confidential information includes our fintech service and our APIs.]
7. Third-Party Terms
This Site may provide tools that enable you to export information to third-party services and may contain links to third-party sites, including some services and sites operated by our business partners or clients. By using any of these tools, you agree that Bond may transfer your information to the applicable third-party service. You understand and agree that: (a) Bond has no control over these third-party services and sites; (b) to the fullest extent permitted by law, Bond is not responsible for any third-party service’s use of your exported information and is not responsible for the content of any third-party site; and (c) Bond is not liable for any damages, losses, or expenses that you may incur while using any of these third-party services and sites.
If you decide to access any of these third-party services or sites, you do so entirely at your own risk and subject to the terms and conditions of use for such services or sites. You further understand and agree that any links, references, logos, or news relating to third parties on the Site does not constitute an endorsement of, an advertisement for, or partnership with any such third party.
The Site (or APIs) may also include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Site (and APIs) are provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
[Plain English: By using any tools on our website that allow you to send information to third party services, you’re giving us permission to transfer your information to those services. Since we don’t own those services or the third party websites they’re related to, we aren’t responsible for the services or the websites, and you’re using those services and websites at your own risk. Also, if this website or the APIs include any third party components that are subject to separate license terms, those separate license terms continue to govern your use of any of those components.]
8. Modifications to Terms and Additional Terms and Conditions
Bond may, from time to time, change these Terms with or without notice to you. It is your responsibility to review the most current version of these Terms prior to your use of the Site or APIs. All changes are effective immediately when posted and your continued use of the Site or APIs following the posting of revised Terms means that you accept and agree to the changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
[Plain English: We may change these terms from time to time. Please review these terms before you use this website or the APIs to make sure you’re up to date on the most recent version. If you keep using this website and/or the APIs after these terms have changed and gone into effect, that means you have accepted those changes and they’re binding on you. If you don’t agree with the changed terms, you must stop using this website and the APIs.]
Bond may in the future offer you access to new content, websites, webpages on this Site, applications, and other products and services (collectively, “New Offerings”), which may be subject to additional terms and conditions, including additional third-party terms. Any such additional terms and conditions will be provided or made available to you prior to or when accessing New Offerings through a hyperlink, a click-through agreement, or other similar means. As with the Site and APIs, your use of any New Offerings will constitute your acceptance of any such additional terms and conditions.
[Plain English: If we give you access to new content, offerings, or webpages on this website, those new offerings may have additional terms that apply to them. We’ll make those terms available to you before you access these new offerings. If you use the new offerings, that means you have accepted those additional terms and they’re binding on you.]
9. User-Provided Content
While using the Site or APIs, you may be asked to and may provide commentary, information, or other content through the Site (collectively, “User-Provided Content”) to Bond and other users. Any User-Provided Content you provide will be considered non-confidential and non-proprietary. By providing User-Provided Content to or via the Site, you grant Bond a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully paid license (with the right to sublicense) to use, reproduce, modify, display, and distribute any User-Provided Content and you acknowledge and warrant that you have the right and authority to provide such license to Bond. You understand and acknowledge that you are responsible for any User-Provided Content you submit or contribute, and you, not Bond, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Bond is not responsible, or liable to any third party, for the content or accuracy of any User-Provided Content posted by you or any other user of the Site.
[Plain English: We’ll assume that any commentary or information you give us through this website is not confidential to you and that you have the right to provide it to us. By providing this commentary or other information, you give us a right to use it in any way, but you’re still responsible for it.]
10. Term and Termination
These Terms will continue until either party chooses to terminate them. If you violate any provision of these Terms, these Terms and your authorization to access the Site or APIs automatically terminates. In addition, Bond may, in its sole discretion and without liability to you, terminate these Terms or your account on the Site, or suspend or terminate your access to the Site or APIs, at any time for any reason or no reason, with or without notice. Without limiting the foregoing, Bond may, in its reasonable determination, deactivate your user name(s) and password(s) and/or temporarily suspend access to the APIs or a portion thereof, if and to the extent Bond can substantiate that continued use of the APIs may result in harm to the APIs (including the security of the systems used to provide the APIs) or other Bond customers or the rights of third parties. You may terminate your account and these Terms at any time by contacting Bond at firstname.lastname@example.org. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Site and APIs; and (b) you will no longer be authorized to access your account or the Site or APIs. Sections 5 and 9–15 will survive any termination hereof.
[Plain English: You can close your account at any time by emailing us at email@example.com. If you violate these terms we may cut off your access to this website and the APIs. We may also suspend or close your account or end your access to this website or the APIs at any time, including if we think that your use of the APIs may harm the APIs. If these terms are terminated, your account will be closed and your right to use this website and the APIs also ends.]
11. Disclaimer of Warranties
You understand that Bond cannot and does not guarantee or warrant that files available for downloading from the internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.
[Plain English: You’re responsible for protecting your information from viruses and backing up your information.]
BOND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, APIs, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR APIs OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY SITE LINKED TO IT.
BOND DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THESE TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATIONAL PURPOSES. USE OF THIS SITE AND APIs IS AT YOUR SOLE RISK. THIS SITE AND THE APIs ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING,BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, BOND DOES NOT WARRANT AND MAKES NO REPRESENTATIONS THAT THIS SITE (OR ANY PORTION THEREOF) OR THE APIs WILL MEET YOUR NEEDS OR EXPECTATIONS; WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR; OR THAT INFORMATION ON THE SITE IS CURRENT, ACCURATE, OR SHOULD BE RELIED UPON. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
[Plain English: We provide this website, anything on this website, and the APIs “as is”.]
12. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) BOND, ITS AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHER PERSONNEL (COLLECTIVELY, “BOND PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCURRED BY YOU, UNDER ANY THEORY OF LIABILITY AND HOWEVER CAUSED, EVEN IF FORESEEABLE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF GOODWILL OR REPUTATIONAL HARM, DATA LOSS, OR OTHER INTANGIBLE LOSSES, ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, AND/OR THE APIS; AND (B) THE AGGREGATE LIABILITY OF THE BOND PARTIES TO YOU FOR ALL CLAIMS IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, AND/OR THE APIS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
[Plain English: You're using this website and APIs for free! Any damages that Bond might owe you in connection with these terms, this website, or the APIs cannot be more than $100.]
To the fullest extent permitted by law, you are responsible for your use of the Site and APIs, and you will defend, indemnify and hold harmless the Bond Parties from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Site or APIs; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party.
[Plain English: If someone comes after us for your misuse of this website or the APIs, for your violation of these terms, for your violation of laws, for your violation of their rights, or due to a dispute you have with someone else, then you have to defend us against that claim and cover the fines, damages, or costs arising out of any of those claims.]
14. Dispute Resolution
If you have any dispute with Bond regarding these Terms, you must: (a) notify Bond of the dispute by emailing a description of the dispute to firstname.lastname@example.org (the “Dispute Notice”); and (b) cooperate with Bond or its authorized representative to resolve the dispute. Within 15 days of Bond receiving your Dispute Notice, you and Bond each agree to attempt to resolve the dispute by negotiation.
If the dispute is not satisfactorily resolved by negotiation between you and Bond after the 15-day period (or, where both you and Bond agree to a longer period, that longer period), then the parties may pursue any remedies available to them at law or in equity.
Nothing in this Section denies Bond the right to seek injunctive relief in a court of law in relation to any dispute arising under these Terms.
[Plain English: If you have a dispute with us about these terms, please shoot us an email at email@example.com with a description of your dispute and we’ll try to solve it together. If we can’t resolve the dispute in 15 days, then each of us is free to decide what it will do next.]
Governing Law and Venue. These Terms and your use of this Site and APIs are subject by the laws of the State of California, without regard to its conflict of laws provisions. You and Bond submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms. Although you may access this Site or APIs in other states or countries, your use of this Site and APIs still subjects you to the exclusive jurisdiction of these courts.
[Plain English: If we end up having a legal dispute, California laws will apply.]
International Use. The Site and APIs are intended for visitors located within the United States. We make no representation that the Site or APIs are appropriate or available for use outside of the United States. Access to the Site or APIs from countries or territories by individuals where such access is illegal is prohibited. These Terms may be provided to you in a language other than English for your convenience, but only the English-language version of the Terms will govern your use of the Site and/or APIs.
[Plain English: This website and the APIs are meant for US visitors only. Don’t access this website or the APIs if your country doesn’t allow it. Only the English language version of these terms apply.]
Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.
[Plain English: You need to ask for our permission before transferring these terms or your rights under these terms. We can freely transfer these terms.]
Consent to Electronic Communications. By using the Site and APIs, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
[Plain English: By using this website and the APIs, you’re telling us that you’re ok receiving emails from us and that those emails are the same as getting something in writing from us.]
Contact Information. The Site and APIs are offered by Bond Financial Technologies, Inc., headquartered at 345 California Street, Suite 600, San Francisco, California 94104. You may contact us by emailing us at firstname.lastname@example.org.
No Waiver. You understand and agree no waiver by Bond of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bond or any Bond Parties to enforce their rights under these Terms or at law will not be considered a waiver of such rights.
[Plain English: If Bond doesn’t enforce some part of these terms against you now, it doesn’t mean we can’t enforce them against you later.]
Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
[Plain English: If one of the clauses in these terms is not enforceable, the rest of these terms are still valid and enforceable.]
No Support. We are under no obligation to provide support for the Site or APIs. In instances where we offer support, the support will be subject to published policies or a separate written agreement.
[Plain English: We’re not on the hook to provide support for this website or the APIs.]
Entire Agreement. These Terms constitute the entire agreement between you and Bond regarding your access and use of the Site and APIs and supersede any previous terms, conditions, or agreements of the parties regarding your use of the Site and APIs.
[Plain English: This is the only set of terms that governs our relationship.]