Terms of Use

Last Updated: December 15, 2024

Welcome to Briv Bank. These Terms of Use ("Terms") govern your access to and use of our digital banking services, website, mobile applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By creating an account, accessing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Briv Bank.

If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" will refer to that entity.

2. Eligibility and Account Registration

2.1 Eligibility Requirements

To use our Services, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding agreements
  • Reside in a jurisdiction where our Services are available
  • Provide accurate, current, and complete information
  • Maintain the security of your account credentials

2.2 Account Registration

To access certain Services, you must create an account. You agree to:

  • Provide accurate, truthful, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized access or use of your account
  • Accept responsibility for all activities that occur under your account

2.3 Account Security

You are responsible for maintaining the security of your account. We recommend using strong, unique passwords and enabling multi-factor authentication when available. You must immediately notify us if you suspect any unauthorized access to your account.

3. Banking Services

3.1 Account Services

Our Services may include various banking products and services, including but not limited to:

  • Checking and savings accounts
  • Money transfers and payments
  • Bill payment services
  • Investment and wealth management services
  • Loan and credit products
  • Mobile and online banking features

3.2 Transaction Processing

All transactions are subject to verification and approval by Briv Bank. We reserve the right to refuse, delay, or cancel any transaction at our discretion, including but not limited to transactions that:

  • Violate applicable laws or regulations
  • Appear fraudulent or suspicious
  • Exceed account limits or available balances
  • Violate these Terms or our policies

3.3 Fees and Charges

Certain Services may be subject to fees and charges as disclosed in your account agreement or fee schedule. You agree to pay all applicable fees and charges associated with your use of the Services. We reserve the right to modify fees with appropriate notice as required by law.

4. Acceptable Use

You agree not to use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in fraudulent, deceptive, or illegal activities
  • Transmit viruses, malware, or other harmful code
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the integrity or performance of our Services
  • Use automated systems (bots, scrapers) to access our Services without permission
  • Reverse engineer, decompile, or disassemble any part of our Services
  • Collect or harvest information about other users without their consent
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity

5. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, software, and the design and arrangement thereof, are owned by Briv Bank or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our Services without our prior written consent.

6. User Content

You retain ownership of any content you submit, post, or display on or through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content for the purpose of providing and improving our Services.

You represent and warrant that your User Content does not violate any third-party rights and that you have all necessary rights to grant us the license described above.

7. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by Briv Bank. We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are solely between you and the third party.

We may integrate with third-party payment processors, financial data providers, and other service providers. Your use of these integrated services may be subject to additional terms and conditions.

8. Disclaimers and Limitations of Liability

8.1 Service Availability

We strive to provide reliable Services, but we do not guarantee that our Services will be available, uninterrupted, secure, or error-free. We may experience downtime for maintenance, updates, or due to circumstances beyond our control.

8.2 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIV BANK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OUR SERVICES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Briv Bank, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use or misuse of our Services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your infringement of any third-party rights
  • Any User Content you submit or transmit through our Services

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account closure features in our Services. Termination of your account may be subject to the terms of your account agreement.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees or charges
  • Extended periods of account inactivity
  • At our sole discretion for any other reason

10.3 Effect of Termination

Upon termination, your right to use our Services will immediately cease. We may delete your account and any associated data, subject to our data retention policies and legal obligations. Provisions of these Terms that by their nature should survive termination will survive.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Briv Bank operates, without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms or our Services, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, you agree to resolve the dispute through binding arbitration or as otherwise required by applicable law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the updated Terms.

If you do not agree to the modified Terms, you must stop using our Services and may close your account.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any account agreements, constitute the entire agreement between you and Briv Bank regarding your use of our Services.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14. Contact Information

If you have any questions about these Terms, please contact us:

These Terms of Use are effective as of the date listed above and apply to all users of Briv Bank's digital banking services. By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.