DATE LAST MODIFIED: July 01, 2020
View previous terms & conditionsThank you for visiting Kasasa, LTD (“Kasasa”, “we”, “us”, “our”). We provide retail banking products, enabling technologies, and professional services that help community banks and credit unions (collectively “Financial Institutions”) better serve consumers and their communities. This Kasasa Digital Technology Terms of Use Agreement (“Agreement”) governs your use of our website and/or mobile application(s); any products, services, documentations or functionality offered through such website and/or mobile application(s); and/or certain third party digital platforms as determined by us from time to time (collectively, the “Site”).
By using our Site, you acknowledge that you have read, understand, and are agreeing to be bound by the terms of the Agreement. To use our Site, you need compatible hardware, software (latest version recommended and sometimes required) and internet access where fees may apply. If you do not agree to this Agreement, please discontinue your use of the Site.
We grant you, a non-exclusive, non-transferable limited and revocable right to access the Site for your personal and non-commercial use only. You agree that you will not use Site and the Site Material, as defined hereinafter, in any way whatsoever except for your personal and noncommercial uses in compliance with this Agreement.
When you use the Site, you agree not to:
If required, You will be provided an opportunity to create login credentials, which may include, but are not limited to, user name, password, and/or security information (collectively, “Credentials”). Upon creation of Credentials, you must treat such Credentials as confidential and not disclose them to any other person or entity. You also agree not to provide any other person with access to the Site using your Credentials. You assume all risks and losses associated with your Credentials. If you believe there was any unauthorized (or attempted) access to or use of your Credentials or any other breach of security, you must immediately reset and update your Credentials. We have the right to disable any Credentials or other identifier at any time and without prior notice to you.
We may, from time to time, introduce new Content to the Site or add to, remove, or change existing Content in our sole discretion and without notice. By using any new or modified Content as it becomes available, you agree to be bound by this Agreement. “Content” means all information, data, text, additional features, messages, software, sound, music, video, photographs, graphics, images, and any other materials that are included in the Site.
The availability of the Site may be limited during periods of high volume, system upgrades and maintenance or for other reasons, as determined in our sole discretion. We will not be liable to you for any loss in connection with the availability/unavailability of all or part of the Site. If applicable, we will attempt to provide you with prior notice of any scheduled downtime; however, we will not be liable to you for failure to provide notice of any downtime or unavailability of the Site.
Your use of the Site may include access to a mobile application or through the use of an electronic or tablet device, including, but not limited to, notifications, alerts and/or text services (“Mobile Services”). By using the Mobile Services, you have authorized us to verify your identity and to compare information you have provided to us, in accordance with our Privacy Policy.
Not all of the products, services or functionality provided on certain websites may be available when you use the Mobile Services, therefore, Your access to the products, services or functionality may be limited. Information available via the Mobile Services may differ from the information that is available directly on websites. The method of entering information via the Mobile Services may also differ from the method of entering instructions directly through the website. Processing of certain transactions may take longer through the Mobile Services. Some information may be presented based on data provided by your FI and final results may vary based on processing timeframes, account administration and activity. We are not responsible or liable for any such differences or delays, whether or not attributable to your use of the Mobile Services. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging and data rates imposed by your mobile service provider. Separate and additional terms and conditions may apply provided by your mobile carrier or any app store, and we are not responsible for any damages resulting from your failure to comply with such terms and conditions.
Our Privacy Policy explains how we collect and use your information. By using the Site, you are agreeing to be bound by our Privacy Policy. Please note that the terms of our Privacy Policy may differ from third-party privacy policies as referenced below, as well as your Financial Institution’s privacy policies.
If required, you are responsible for obtaining a valid and separate license agreement with any third-party provider of software tools and products that are offered on the Site. We do not review any of third-party provider’s Content, including computer software, made available through the websites and webpages to which the Site links, or that link to the Site. (“Third Party Websites”). You agree that any third-party software you download through the Site or any Third Party Websites is provided to you “as is” and “as available.” You agree that we make no warranties and have no liability as to the accuracy, completeness, availability or timeliness of Third Party Websites. The use of any Third Party Websites may be subject to such third parties privacy policy. You are responsible for reviewing any third party privacy policies.
We hereby disclaim any responsibility for any material on a Third Party Website that may be inaccurate, unlawful, or otherwise objectionable. In addition, we will not be liable for your inability to access or use the Third Party Websites, nor any unauthorized access to your data or any misappropriation, or alternation, of your data as a result of your installation or use of Third Party Websites.
Use of this Site may be monitored, tracked, and recorded. By using this Site, You consent to such monitoring, tracking, and recording. You agree that any information you enter or provide through or for the use of the Site will be accessible by our employees or service providers on a need-to-know basis. We have the right to take appropriate legal action for any illegal or unauthorized use of the Site, including without limitation, referral to law enforcement, at any time without prior notice. We also have the right to terminate, withdraw or suspend your access to all or part of the Site for any reason, including without limitation, any violation of this Agreement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing s to disclose the identity or other information of anyone who violates any applicable federal, state, or local laws or regulations. YOU HEREBY WAIVE, DEFEND, INDEMNIFY AND HOLD HARMLESS KASASA,ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER KASASA OR LAW ENFORCEMENT AUTHORITIES. We do not undertake to review all material before it is posted on the Site. Accordingly, you acknowledge that We assume no liability or responsibility for any inaction regarding communications or Content provided by any user or third party, or for performance or nonperformance of the activities described in this section. We reserve the right to suspend, withdraw, amend or discontinue the Site, in our sole discretion and without notice to you. We may restrict access to part or all of the Site at any time and for any reason.
We own or have licensed all the Content of the Site, including but not limited to, design, text, processes, and image (“Site Material”), and the Site is protected by copyright and trademark law, international treaties, and other applicable laws and regulations. Except as otherwise expressly provided in this Agreement, you will not reproduce, distribute, modify, copy, create derivative works of, publicly display, publicly perform, republish, download, store, sell, license, alter, frame, or transmit any of the Site Material. We reserve the right to delete or disable Content alleged to be violating any copyright and trademark laws and take necessary steps to avoid continuous and repeated violations.
YOU ACKNOWLEDGE THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY FILES AVAILABLE FOR DOWNLOAD ON THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR INSTALLING AND IMPLEMENTING SUFFICIENT ANTI-VIRUS PROTECTION AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. YOU ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE (DDoS) 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, YOUR DOWNLOADING OF ANY SITE MATERIAL, OR ON ANY WEBSITE LINKED TO THE SITE. YOU AGREE THAT NEITHER WE NOR OUR SERVICE PROVIDERS WILL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KASASA, NOR ANY PERSON ASSOCIATED WITH KASASA, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL KASASA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY WEBSITES LINKED TO IT OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge and agree that you are personally responsible for your conduct while using the Site and agree to waive, defend, indemnify, and hold harmless Kasasa, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement, any use of or contribution to the Site, or information obtained from the Site other than as expressly authorized in this Agreement. Your obligation under this paragraph will survive termination of this Agreement.
In the event any of the terms or provisions of this Agreement is held to be unenforceable or conflicts with the law under which this Agreement is to be construed, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remaining terms and provisions shall not in any way be affected or impaired.
We will not be deemed to have waived any of our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of any rights or remedies.
All matters relating to this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
If a dispute, controversy, or claim (“Dispute”) arises out of or relates to this Agreement, you will notify us at the information provided under the Contact Us paragraph below. Upon receipt of such notice, the parties will attempt in good faith to negotiate a resolution of the Dispute prior to pursuing other available remedies. If the Dispute is not resolved within 90 days from the date of notice, either party may initiate mediation upon written notice to the other party, and both parties will settle the Dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association. The Dispute will be mediated by a mutually acceptable mediator and neither party may unreasonably withhold consent to the selection of a mediator. Both parties will share the costs of the mediation equally, except that each party shall bear its own costs and expenses, including but not limited to, attorney’s fees, witness fees, travel expenses, and preparation costs. Any and all mediations will take place in the Travis County, Texas. All discussions, correspondence, and negotiations pursuant to the Dispute will be treated as confidential information developed for the purpose of settlement and shall be exempt from discovery or production and shall not be admissible.
If required, you agree to provide a valid email address and phone number, so that we may send you notices, information, or any communication arising from our obligations under this Agreement. Unless you instruct us otherwise, we will electronically send all notices or other communications to the email address(es) provided by you. If the email address(es) provided by you is invalid, we may send all notices or other communications electronically either by posting the information to our Site or in any other manner permitted by law. Your use of the Site may be limited, suspended, or terminated if you do not maintain accurate contact information or if we cannot verify your identify. We are not responsible for any errors or fees incurred if you do not provide accurate contact information.
If you have any questions or concerns, please contact us at:
Kasasa, LTD
4516 Seton Center Parkway, Suite 300
Austin, TX 78759
You must open a Dwolla platform account provided by Dwolla, Inc (“Dwolla”), and you hereby accept the Dwolla Terms of Service and the Dwolla Privacy Policy. Any funds held in the Dwolla account are held by Dwolla’s financial institution partners as set out in the Dwolla Terms of Service. you authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of such data. You acknowledge that you will access and manage your Dwolla account through our Site, and Dwolla account notifications will be by us, and not Dwolla directly. We will provide customer support for your Dwolla account activity, and we can be reached at the information provided under the “Contact Us” paragraph.
We use Plaid Technologies, Inc. (“Plaid”) to gather end user data from Financial Institutions., you hereby grant both us and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information. You acknowledge and agree to the transferring, storing, and processing of your personal and financial information by us and Plaid in accordance with our Privacy Policy and the Plaid Privacy Policy.
Certain account-related statements and documents, some of which are required to be provided to you by law, can be accessed via the Site. We are not responsible for non-delivery of these documents to you if you fail to maintain a valid email address, or if you fail to provide consent to your Financial Institution to receive such documents in electronic form (“e-SIGN consent”). If you do not provide or maintain a valid email address or e-SIGN consent with your Financial Institution, they may revoke your online-only statement and document status or change your delivery preference to U.S. Mail or any other manner permitted by law. For additional information regarding e-SIGN consent, please contact your Financial Institution.
