Mobile Terms of Use
Billinero™ Terms of Use
Billinero™ Online & Mobile Application Terms and Conditions.
Please read the following terms and conditions very carefully. If you do not agree with the following terms and conditions, do not use, download or install this software. By downloading, installing or using this software or any portion thereof, you agree to the following terms and conditions. PLEASE TAKE ADEQUATE TIME TO READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BANK AND ENTERING INTO ANY CONTRACT IS AN IMPORTANT DECISION.
You acknowledge that this agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use the Billinero™ Application (as defined below).
Use of the Billinero™ Application
This agreement (“Terms”) is entered into between you and Centier Bank, an Indiana state-chartered bank which is providing the Billinero™ service (“Bank”). Subject to the provisions of these Terms, you are hereby granted the non-transferable right to use this software (“Billinero™ Application”) solely for personal, non-commercial purposes. Your right to access and use the Billinero™ Application is personal to you and is not transferable by you to any other person or entity. You may not use the Billinero™ Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Bank’s services; (ii) any other party’s use and enjoyment of Bank’s services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Billinero™ Application (the “Authorized Device”). You will not (i) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Billinero™ Application or any portion of the Billinero™ Application or (ii) bypass any robot exclusion headers or other measures Bank may use to prevent or restrict access to the Billinero™ Application. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Billinero™ Application, including, without limitation, any usage rules set forth in the online application store terms of service. From time to time, the Bank may automatically check the version of the Billinero™ Application installed on the Authorized Device and, if applicable, provide updates for the Billinero™ Application (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Billinero™ Application. By installing the Billinero™ Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Billinero™ Application and Updates will be governed by these Terms (as amended by any terms and conditions that may be provided with Updates). The Bank reserves the right to temporarily disable or permanently discontinue any and all the functionality of the Billinero™ Application at any time without notice and with no liability to you. For the avoidance of doubt, agreement to these Terms is solely between the Bank and you. If you need to contact the Bank about the Billinero™ Application, you may do so by calling 1-833-682-6484 or by emailing clientsupport@billinero-dev.becomelabs.site.
Your Eligibility
The Billinero™ Application is intended for adults only, and is not directed at minors. The Billinero™ Application may only be used by individuals who have the capacity to enter into legally binding contracts under applicable law. You represent that you are at least eighteen (18) years old, or the age of majority in your state and have the capacity to be bound by this Agreement. For purposes of this Agreement, “you” shall mean you personally.
You Must Maintain the Integrity of Your Information
To use the Billinero™ Applicaiton, you may be required to provide the Bank with information about you (“Personal Information”). If you provide Personal Information to the Bank, then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Personal Information current, and to update your Personal Information if any of it changes.
You Must Maintain the Security of Any Password Issued to You
Access to the Billinero™ Application may be account-based. To access and/or use the Billinero™ Application you may be required to register an account and create a password or log in to an account created for you. In either case, a password may be required for the Billinero™ Application, and it is your sole responsibility to maintain the security of that password and to immediately change your password if it was provided to you by a third-party. You agree that Bank shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account by a third party.
Electronic Communications
When you use the Billinero™ Application or send emails or otherwise submit information to the Bank, you are communicating with the Bank electronically. You consent to receive communications from the Bank electronically and via any e-mail address you provide to Bank for any purposes. Although the Bank may choose to communicate with you by regular mail, the Bank may also choose to communicate with you by e-mail or by posting notices in the Services. You agree that all agreements, notices, disclosures and other communications that the Bank provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Data Costs
You are responsible for obtaining and maintaining all internet access services, Authorized Device, and other equipment or services needed to access and use the Billinero™ Application. You acknowledge that you are solely responsible for obtaining the Authorized Device, and any rates and fees charged by your mobile carrier (or other service provider) for cellular service, data and any other costs related to the use of the Billinero™ Application. The Bank shall not be liable for any overage charges associated with any data plan you use to access the Billinero™ Application.
You Must Notify Bank of a Breach
You agree to immediately notify the Bank of any unauthorized use of your password, any unauthorized use of any account that you may have with the Bank, any violation of these Terms, or any other breach of security known to you in connection with the Billinero™ Application, by sending an email to: clientsupport@billinero-dev.becomelabs.site.
Privacy Policy
The Bank’s collection, use and disclosure of Personal Information are governed by these Terms and the Privacy Policy and Security & Information Gathering Policy. As a condition of using the Billinero™ Application, you acknowledge that additional agreements may be in place that govern your relationship with the Bank, including but not limited to the Account Agreement, Privacy Policy, and Online Privacy, Security & Information Gathering Policy, each of which is hereby incorporated by reference. You acknowledge and agree that these agreements may be updated from time to time, without prior notice. Any such change(s) will be effective as soon as the Bank posts a revised version of the applicable agreement. In the event of an otherwise irreconcilable conflict between these Terms and the Online Privacy, Security & Information Gathering Policy, these Terms will govern, solely with regard to the conflicting provisions and solely to the extent of such conflict. The Bank may track and archive certain information regarding your use of the Billinero™ Application (“Use Information”). Use Information will be stored and processed in the United States. By using the Billinero™ Application, you consent to the collection of your Use Information.
Proprietary Rights
You hereby acknowledge that a third party provider or licensor to your financial services provider owns all rights, title and interest in and to the Billinero™ Application and to any and all proprietary and confidential information contained therein (“Billinero™ Information”). The Billinero™ Application and Billinero™ Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Billinero™ Application or otherwise attempt to derive source code from the Billinero™ Application; (ii) copy, distribute, transfer, sell or license the Billinero™ Application; (iii) transfer the Billinero™ Application to, or use the Billinero™ Application on, a device other than the Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Billinero™ Application; (v) use the Billinero™ Application to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter the Bank’s or its third party provider’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Billinero™ Application. Content made available through the Billinero™ Application (“Content”) is protected by applicable intellectual property rights and is the property of the Bank, its third party licensors, service providers, and partners (as applicable), and other entities that provide such content to the Bank. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Billinero™ Application hereunder.
Export Restrictions
The Bank does not represent that the Billinero™ Application is appropriate or available for use in any geographical location. Any entity or person choosing to use the Billinero™ Application is solely responsible for compliance with all applicable laws. The Billinero™ Application is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into Burma, Cuba, Iran, North Korea, Sudan, Syria, Libya, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the Billinero™ Application, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
Termination
You may terminate acceptance of these Terms at any time by permanently deleting the Billinero™ Application in its entirety from the Authorized Device, whereupon (and without notice from the Bank) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Billinero™ Application from the Authorized Device. The Bank may terminate these Terms at any time without cause and without any liability to you.
Indemnity
You agree to hold harmless and indemnify the Bank and its subsidiaries, affiliates, officers, agents, partners, service provider, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to your use of the Billinero™ Application or your violation of these Terms, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the Bank will provide you with written notice of such claim, suit or action.
Bank Makes No Representations or Warranties
THE BILLINERO™ APPLICATION IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BANK AND ITS SERVICE PROVIDER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BILLINERO™ APPLICATION, THE SOFTWARE, OR BANK CONTENT, INCLUDED ON OR ASSOCIATED WITH THE BILLINERO™ APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BILLINERO™ APPLICATION IS AT YOUR SOLE RISK.
THE BANK AND ITS SERVICE PROVIDER DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE BANK CONTENT, OR THE BILLINERO™ APPLICATION, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE BANK CONTENT OR THE BILLINERO™ APPLICATION. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE BANK CONTENT, AND THE BILLINERO™ APPLICATION.
Limitations on Bank’s Liability
THE BANK AND ITS SERVICE PROVIDER SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF YOUR BREACH OR VIOLATION OF THE TERMS OR YOUR ACCESS AND USE OF THE BILLINERO™ APPLICATION, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BANK AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT SHALL THE BANK’S LIABILITY AND THE LIABILITY OF ITS SERVICE PROVIDERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, PARTNERS AND AGENTS ARISING OUT OF THIS AGREEMENT EXCEED $100.
YOU AND THE BANK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BILLINERO™ APPLICATION OR YOUR USE THEREOF, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Entire Agreement; Revisions to Terms.
The Bank may, from time to time, modify these Terms. Such modifications shall be effective as soon as the modified version of the “Billinero™ Terms of Use” is posted in the online application store or any other authorized Billinero™ Application distribution location. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of the then-current version of the “Billinero™ Terms of Use” in the online application store or any other authorized Billinero™ Application distribution location. Your use of the Billinero™ Application following such changes constitutes your acceptance of the revised version of the “Billinero™ Terms of Use” in the online application store or any other authorized Billinero™ Application distribution location.
Governing Law
You agree that: (i) the use of the Billinero™ Application shall be deemed solely based in the State of Indiana; and (ii) the use of the Billinero™ Application does not give rise to personal jurisdiction over the Bank, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Indiana. These Terms are to be governed by and construed in accordance with the internal laws of the State of Indiana, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to these Terms, except for an injunctive action regarding a breach or threatened breach of any provision of these Terms by you as provided above, shall be brought in the courts of Indiana.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that are unlawful, void or unenforceable shall be stricken.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms.
These Terms, the Privacy Policy [Insert link to Privacy Policy], and all aspects of your relationship with the Bank, including any personal information or data associated therewith, may be disclosed and/or assigned by the Bank to a third party in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change involving us and/or our affiliates, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. Nothing in these Terms is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including the Services) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.
If you have questions, comments, concerns or feedback regarding these Terms or the Billinero™ Application, please contact the Bank via any of the methods set forth below:
- Via telephone: 833-682-6484
- Via mail:
Attn: Centier Bank
P.O. Box 279
Powell, OH 43065 - Via email: clientsupport@billinero-dev.becomelabs.site
This Agreement is effective as of July 1, 2019.
