ENTER, INC. - TERMS OF SERVICE
LAST UPDATED: February 22nd, 2017
PART 1. GENERAL USE
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE “CONTINUE” BUTTON, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “CONTINUE” BUTTON AND DO NOT ACCESS OR USE THE SERVICES.
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the Enter Wallet or Enter services (our “Services”) provided by Enter, Inc. ("Enter," "http://enter.financial" “Company,” “we,” or “us”).
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; and (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party. If you are registering to use the Services on behalf of a legal entity, you further represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) you are duly authorized by such legal entity to bind it and act on its behalf.
2. PROFILE ENROLLMENT
By signing up to use the Enter Account through the Enter website located at http://enter.financial, the Enter API, and/or any associated Enter-hosted websites or mobile applications (collectively the "Site"), you agree to comply with and be legally bound by this Agreement, as revised from time to time. When you enroll your Profile, you agree to: (a) provide accurate and truthful information; (b) maintain and promptly update your Profile information; (c) maintain the security of your Wallet (defined below) by restricting access to your Wallet and its associated phone number; and (d) promptly notify us if you discover or otherwise suspect any security breaches related to your Wallet or your Profile information. We reserve the right to suspend or terminate the Wallet Account of any user who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the Enter Services and must cancel your Enter Account, free of charge, in the manner set forth below. You further agree that any disputes between you and Enter will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
4. DESCRIPTION OF THE ENTER NETWORK
4.1 ENTER MARKETPLACE
The Enter Marketplace enables Customers to connect with Enter to purchase or sell digital merchant credits, gift cards or vouchers (collectively “Merchant Credits”) using credit cards or ACH (“Payment Methods”)
By agreeing to the terms of our website (“Site”) you (“user”, “consumer”, “member”,“guest”, or “your”) will have access to the online closed loop prepaid credit marketplace. The Enter Marketplace allows you to purchase digital Merchant Credits and spend those Merchant Credits with Merchants. By clicking “I agree” on the Site, you agree and acknowledge that you have fully read, acknowledged and consented to be bound by all terms, conditions and facts outlined in this Terms & Conditions of Use Agreement (the “Agreement”). This Agreement, and its terms and conditions, applies to you and all registered users or guests who utilize our site to facilitate their trading (purchasing or selling).
Enter facilitates the trading (purchase or sale) of Merchant Credits and other Products between seller to buyer; the buyer to seller, and from Enter to both consumers, and from consumers to Enter.
4.1.1 Enter Checkout Button. Enter Checkout Button is designed to enable users to purchase Merchant Credits directly from a merchant’s website from Enter to pay Merchants.
4.2 ENTER WALLET
The Enter wallet is a service provided by Company, which allows you to store your Merchant Credits with us and conduct certain transactions online using the wallet functionality provided by Company, as described herein (the “Wallet”). Because the Merchant Credits you store with us are linked to your Profile, you can conduct transactions with Enter Marketplace Merchants using your Wallet.
4.3 ENTER PAYMENTS
Enter Payments is a service provided by Company, which allows you to purchase Merchant Credits from Enter by using a Payment Method in your Wallet to pay a Merchant via the Services. When you use the Services on a business’s website and choose to Pay, you will be required to create an Account. To make a Payment, you will sign in to the service, add a Payment Method and click “Pay”. Your payment using the Payment Method is then sent to Enter and a Enter Payment transaction will be initiated. The corresponding Merchant will receive an email, SMS or notification message informing them of your payment.
5. DESCRIPTION OF SERVICES
5.1 INTERNAL LEDGER
For safekeeping purposes, Merchant Credits we store on your behalf are recorded on Enter's Internal Ledger along with the Merchant Credits of other Enter Wallet users. We maintain an internal ledger of each individual Wallet’s Merchant Credit balance (the “Ledger”), and you retain legal title to all Merchant Credits that we store on your behalf. Your Wallet balance is the sum of all Ledger credits, net of any Ledger debits. We will send Merchant Credits according to your instructions as described in this section, or return them to you upon the conditions described in Section 7.
5.1.1 INTERNAL SEND AND RECEIVE
When you carry out an Internal Send or Internal Receive to or from your Wallet, these are recorded as “on-us” transactions and we record such transactions by debiting or crediting each counterparty’s (i.e., you and the other party to the transaction) Ledger balances as appropriate.
5.2 Enter Payment. When a customer wishes to pay a Merchant using a Enter Checkout Button or another Service, the Merchant issues a Merchant-Issued Closed Loop Gift Card (“Merchant Credit”) for the purchase price and grants access and rights to sell the Merchant Credits to Enter. Customer sends payment to Enter to purchase the Merchant Credits using their Payment Method associated with their Account. Enter will transfer the Merchant Credits to the customer after our banking partner approves the transaction. Customer then uses the Merchant Credits to pay the Merchant.
To use Enter Payments, you must create a Profile. Each Enter Payment is carried out via Enter on the Enter Marketplace. Enter Payments are subject to the terms of sale and/or terms of service of the applicable Merchant, including identity verification procedures as well as transaction amount, volume, velocity and time limits.
6. UNAUTHORIZED ACCESS.
We cannot and do not guarantee that unauthorized third parties will not access your Wallet information. You are solely responsible for implementing adequate security practices to protect against any unauthorized access to your Wallet, including, without limitation, by protecting your login credentials and Profile information, avoiding the introduction of viruses, key logging software, and other harmful software into any computer or device you use to access the Services, and protecting against any unauthorized access to the e-mail account associated with your Wallet or Profile. You acknowledge and agree that anyone with access to your Wallet or Profile information may be able to spend or transfer the Payment Methods in your Wallet. You take responsibility for all activities that occur through your Wallet and accept all risks of any authorized or unauthorized access to your Wallet, to the maximum extent permitted by law.
7. PHONE NUMBER RESET
If you lose access to, misplace, or otherwise lose your phone, you must notify us immediately. Upon notification and request, Company will provide instructions, with instructions for resetting your phone number.
Company is an independent contractor for all purposes, and is not your agent or trustee.
9. ACCURACY OF INFORMATION
You represent and warrant that any information you provide via the Services is accurate and complete. You acknowledge and agree that Company is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services. We strongly encourage you to review your transaction request details carefully before completing any transaction requests via the Services. We are not responsible for any errors or omissions you make in connection with conducting any transaction.
It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and any profit or loss you obtain therefrom, and it is your responsibility to collect, report, withhold, and remit the correct taxes to the appropriate tax authorities.
11.1 COMPANY FEES
Company may make available certain services for free and may charge fees for other service offerings. We will provide notice via our Services of any charges applicable to the use of any of our Services. Unless an alternative price structure has been quoted to a business our standard price structure is as follows.
Enter Personal Account:
$0 setup fee
$0 monthly fee
$0 transaction fee
Enter Processing - Business Account
$0 setup fee
$0 monthly fee
Between 2.9% to 14.5% + $0.30 to $0.55 per transaction fee (depending on the business type).
$45 per chargeback fee
$199 setup fee
$200 per month - 50k or less processing volume
$1,000 per month - 50k to 100k processing volume
$2,000 per month - 100k to 200k processing volume
Custom price - 200k plus processing volume
12. DISCONTINUANCE OF SERVICES
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
In the event of any Force Majeure Event (as defined in Section 25.5), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Wallet and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. Upon termination, we will discontinue your access to the Service as described above.
13. ASSUMPTION OF RISK
You acknowledge and agree that there are risks associated with utilizing an Internet-based, services including, but not limited to, the risk of failure of hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored with your Wallet, including, but not limited to your Payment Methods. You acknowledge and agree that Company will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Services, however caused.
Company takes no responsibility for and will not be liable for any losses, damages, or claims arising from the use of our Services, including, but not limited to, any losses, damages, or claims arising from (a) a Wallet being accessed by a third party guessing your credentials through luck or trial and error, (b) server failure or data loss, (c) compromised phone access to accounts, (d) incorrectly constructed transactions; (e) "phishing," viruses, third-party attacks, or any other unauthorized third-party activities, or (f) any unauthorized access to our Services via your Wallet or Profile.
14. THIRD-PARTY SERVICES AND CONTENT
In using our Services, you may view content or utilize services provided by third parties, including links to Web pages and services of such parties (“Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and will have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You are solely responsible for determining whether the use of our Services or any Third-Party Content is permissible under the laws applicable to your jurisdiction. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
You hereby authorize us to obtain and use any information associated with your Profile. Such information may include your:
- email address;
- mobile phone number;
- physical address;
- electronic scan of driver’s license (including photo) or other government ID;
- Enter network identification number.
We may also obtain information from other sources and combine that with the information above or other information we collect or otherwise obtain through our Services. From time to time, we may obtain consumer reports about you from consumer reporting agencies to determine your eligibility for the Services. By enrolling in and using the Services, you authorize us to obtain consumer reports or other information about you from third parties from time to time.
15. ACCEPTABLE USE
You agree that you will not use the Services to violate any law, contract, or third-party right, and that we, and our officers, directors and employees (“Company Parties”) are not liable for your conduct in using our Services. Without limiting the generality of the foregoing, you agree that use of our Services in connection with any transaction involving illegal products or services is prohibited. You further agree not to:
Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Services or extract data from our Services;
- Use any software made available by us to resell our Services or present any white-label or private-label offering of our Services, unless you and Company have entered into a separate agreement governing the use of such software;
- Use or attempt to use another user’s Wallet without authorization;
- Share access to your Wallet with any other person, use the Services on behalf of another party or share your Wallet credentials with any other party;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
- Introduce to the Services any virus, trojan worms, logic bombs or other harmful material;
- Provide false, inaccurate, or misleading information; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding Company or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”). Any Feedback you submit is non-confidential and will become the sole property of Company. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in Section 16. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
17. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the Company or Company logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Company Materials”) are the proprietary property of Company or our licensors or suppliers and are protected by copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the Company Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Company Materials; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Company Materials, or any portion thereof; or (d) any use of the Company Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
“Enter,” the Company logo, and any other Company product or service names, logos or slogans that may appear on our Services are trademarks of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use any trademark, product or service name of Company without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of Company. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
19. DISCLAIMER OF WARRANTIES
19.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
19.2 YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
19.3 Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
20. LIMITATION OF LIABILITY
20.1. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE COMPANY MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY’S RECORDS, PROGRAMS, OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
20.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATION ON LIABILITY SHALL APPLY WHETHER SUCH LIABILITY ARISES IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, COMPANY OR TO THESE TERMS.
You agree to defend, indemnify, and hold harmless the Company Parties from any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
22. APPLICABLE LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Company agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Company agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Company must be sent to firstname.lastname@example.org. You and Company further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Washoe County, Nevada; (c) that arbitration will be conducted confidentially, in the English language and by a single arbitrator in accordance with the Rules of the American Arbitration Association (the “AAA Rules”), and such AAA Rules are deemed to be incorporated by reference to these Terms; and (d) that the state and federal courts in Washoe County, Nevada have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Nevada, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Your arbitration fees and your share of arbitrator compensation shall be governed by the Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND COMPANY WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
23.1 Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Company for the Services or for any other Company product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with Company, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by such other agreement.
23.2 Amendment. We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes, such as by sending you an email and/or by posting the amended Terms via the Services and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to the Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of the Services after such changes become effective. Your continued use of the Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using the Services.24.b
23.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms will not operate as a waiver thereof.
23.4 Severability. The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.
23.5 Force Majeure Events. Company will not be liable for any loss or damage arising from any event beyond Company’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction (each, a “Force Majeure Event”).24.
23.6 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Company, including by operation of law or in connection with any change of control. Company may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
23.7 Headings. Headings of sections are for convenience only and will not be used to limit or construe such sections.
23.8 Survival. Sections 20 (Disclaimer of Warranties), 21 (Limitation of Liability), 22 (Indemnity), 23 (Applicable Law; Arbitration) and this Section 25 (Miscellaneous) will survive any termination or expiration of these Terms.
24. Electronic Fund Transfers ("EFTs") and Account Balances
When you open a Synapse User Account, you will link a checking or savings account to perform EFT and, if applicable, deposit funds into your Synapse User Account. Deposits into your User Account are held at Synapse's financial institution partners as detailed in Synapse TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE FOR INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSE MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.
All EFT transactions are performed by and deposits are held by Synapse financial institution partner. Company and Synapse only transmit transaction instructions to Synapse financial institution partner. Company will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your Synapse User Account ad detailed below.
241. Transactions History and Disputes
All questions regarding EFT transactions or your Synapse User Account must be directed to email@example.com or (855) 777-4853 and not to Synapse or its financial institution partners. Company is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial service complaint against Company, you may email firstname.lastname@example.org.
PART 2. ADDITIONAL TERMS FOR MERCHANTS
1.1. Merchant Services. Users who intend to sell goods and/or services (each, a "Merchant") and who wish to issue Merchant Credits and partner with Enter to sell their Merchant Credits and accept Merchant Credits from purchasers as a method of payment may use a suite of tools and related services for this purpose (the "Merchant Services"). Through the Merchant Services, Company enables Merchants to accept Merchant Credits from customers directly, as a method of payment, and processes the transfer of Merchant Credits to Merchants from their customers.
Merchants may also partner with Enter to sell Merchant Credits to Customers, and otherwise utilize the Company Services, in the same manner as any other user. Use of Merchant Services is subject to this Part 2 and is also subject to General Use terms, including without limitation the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and cancellation policies set forth above.
1.2 Merchant Profile. Each Merchant user is required to provide accurate information necessary to complete a merchant profile associated with the user's Profile. This information may include business name, address and other contact information, website URL, taxpayer or other government ID, corporate documents, and other information Company may request. Company may limit Merchant transaction volumes depending on (i) the Merchant's historical activity on Company Services, (ii) satisfactory completion of a Merchant profile; (iii) satisfaction of reasonable requests for additional information; (iv) perceived risks; (v) repeated customer complaints; and/or (vi) any indication that the Merchant has violated this Agreement. Newly-boarded Merchants may be required to submit to additional verification procedures as necessary to verify that the Merchant operates a legitimate business.
1.3 Merchant Credits. The Services include software and support that allow you to issue and partner with Enter to sell your own Merchant Credits to Buyers and to track the redemption and remaining balance of such Merchant Credits. In order to use such software and support, you agree to the terms of this Agreement and may not amend or supplement this Agreement in any way. You (and not Enter) are the issuer and administrator of your Merchant Credits. Merchant Credits sold by you are “closed loop” gift cards that are only redeemable from you for your goods and services. You agree to pay our Fees on each issue of a Merchant Credit. You may not issue a Merchant Credit with a value in excess of $2,000 or add value to a previously issued Merchant Credit so that the total funds loaded on an Account in any single day exceed $2,000. Further, you may not issue more than $10,000 in Merchant Credits to any single person in any one day. You may not impose an expiration date on Merchant Credits and any unused balance of a Merchant Credit must remain available to the holder of the gift card until fully redeemed, even if your Enter Account is closed, suspended, or terminated. You may not provide a cash refund from or cash back on gift cards except to the extent required by applicable law. If a purchase exceeds the holder’s Merchant Credit balance, the holder must pay the remaining amount with another payment method. All Merchant Credits and the funds associated with Merchant Credits are your sole property. Any liability for the use or misuse of your Merchant Credits, and any third party claims arising from or relating to your Merchant Credits, are your sole responsibility.
You are solely responsible for compliance with federal, state, and local laws that apply to your Merchant Credits, including but not limited to notice and disclosure requirements, expiration dates and fees, refunds, unclaimed property or escheat requirements (such as tracking, reporting, and remittance of unclaimed property balances in all states), and customer service for Buyers and holders of gift cards.
2. Merchant Transactions and Settlement.
2.1. Transaction Confirmation. Company will provide users of Merchant Services with an order notification indicating when or whether the Merchant has been paid by its customer.
2.1.1. Completed Order Notifications. Upon Merchant's customer's submission of a valid and completed payment through Merchant Services, Company will send a callback to Merchant's designated callback URL to confirm successful transfer of the customer's payment to Merchant—so designated as a "completed" order. Except upon chargebacks or on suspicion of fraud, error, or abusive use, Company will not reverse a payment and/or corresponding Merchant Credit which it has designated as completed.
2.1.2. Timing of Completed Order. If the Merchant's customer uses a Company Account to successfully initiate its purchase, Company will issue the completed callback order immediately to the Merchant.
2.1.3 Limitations. Company may delay order verifications if Merchant has not provided its legal name, logo, website, phone number, address, taxpayer identification number, designation of business location and type. Until completion of such applicable verification procedures, newly-boarded Merchants may experience delayed processing of Transactions. Company reserves the right to refuse to process, cancel, or to reverse any Merchant transaction (i) as required by law, (ii) in response to a facially valid subpoena, court order, or other government order, or (iii) if Company reasonably suspects that the transaction is erroneous, or related to Prohibited Use or Prohibited Business as defined in the User Agreement.
2.2. Settlement. Settlements to Merchant will generally take a minimum of two to three business days, following the transmission to Merchant of confirmation of the relevant transaction, although exceptions may apply.
3. Release, Restrictions, and General Use.
3.1 Merchant Transactions. Each Merchant acknowledges and agrees that Company has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that the Merchant may sell to customers using the Company Services. Each Merchant is responsible for handling customer inquiries related to the goods and/or services it sells to customers through the Company Services, except for inquiries related to payment for such goods or services which will be handled by Company. Each Merchant warrants that it will not use any Company Services in connection with any Prohibited Use or Business, as described herein. Each Merchant confirms that by opening a Company Account, the Merchant will not use the Company Services to accept payments in connection with any of the Prohibited Businesses. Each Merchant further warrants that it will not use Company Services in connection with transactions which involve pre-payment of an order which the Merchant does not intend to fulfill within thirty (30) days. When a Merchant must issue a refund to a customer, Company will debit the Merchant's Funding Source for the relevant number of Merchant Credits, or equivalent, and provide a refund in a value equal to the transaction amount being refunded, as expressed in local currency (e.g., USD), based on the then current Conversion Rate.
3.2. Obligations of Merchants. In addition to the obligations set forth elsewhere in this Agreement, Merchants agree to:
(a) At all times maintain all licenses, registrations, authorizations and approvals required to operate their business, conduct all activities related thereto, and utilize the Company Services in connection therewith.
(b) Ensure that all aspects of their business, including (i) all Merchant activities, and the activity of any third party engaged by the Merchant, (ii) the goods and serviced offered for sale by Merchant, and (iii) the acts or omissions of each Merchant in connection with their use of Company Services comply with applicable law at all times.
(c) Promptly provide, and cause third parties under its control to promptly provide, such information as Company may request from time to time regarding (i) the Merchant, its policies, procedures, and activities, (ii) any good or service offered for sale and for which the Merchant may accept payment by use of Company Services, or (iii) any transaction conducted through the use of Company Services, to the extent Company deems such information reasonably necessary to comply with its policies or procedures, applicable law, an audit, or the guidance or direction of, or request from, any regulatory authority or financial institution.
(d) Within the Company-hosted payment page, accurately identity the sale item in the Item Name field and provide an accurate and succinct description of the same sale item in the Item Description Field.
(e) Authorize Company to, directly or through third parties, (i) make any inquiries we consider necessary to verify your identity and/or account information, and (ii) request and obtain any consumer report, credit report or similar information relating to you and to take action we reasonably deem necessary based on the results of such inquiries and reports, and hereby authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3.3 Merchant Account Cancellation. If, in Company's discretion, a Merchant is understood to take any action that Company deems as circumventing Company's controls, including, but not limited to, opening multiple Company Accounts or abusing promotions which Company may offer from time to time, Company may cancel or suspend corresponding Merchant Account(s). Company Merchant Account(s) may also be suspended or cancelled according to the procedure set forth in the User Agreement (i) as required by law, (ii) in response to a subpoena, court order, or other binding government order, (iii) if the Merchant engages in any Prohibited Use or Business as defined in the User Agreement, or (iv) if Company determines that Merchant's Account activity presents a heightened risk of legal or regulatory non-compliance.
3.4. Indemnification. Merchants agree to indemnify and hold Company, its affiliates, and Service Providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees, or penalties imposed by any regulatory authority) arising out of or related to (i) the Merchant's breach of this Agreement, (ii) the Merchant's use of Company Services, or (iii) the Merchant's violation of any law, rule, or regulation, or the rights of any third party.
3.5. Merchant Governing Law. As set forth in the User Agreement the laws of the State of California, without regard to principles of conflict of laws, will govern the Agreement and any claim or dispute that has arisen or may arise between Merchant and Company, except to the extent governed by federal law.
3.6. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for the Merchant's convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that you must maintain in your Enter Account or in a separate reserve account (a “Reserve”) to secure the performance of your payment obligations under this Agreement. Company may require a Reserve for any reason, including if you have a high rate of Chargebacks (described in Section 5), refunds, or other indications of performance problems related to your use of the Services. The Reserve will be in an amount as reasonably determined by Company to cover anticipated Chargebacks, returns, unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history. The Reserve may be raised, reduced or removed at any time by Company, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in Company’s favor, or otherwise as Company may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Enter Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us. You grant Company a security interest in and lien on any and all funds held in any Reserve, and also authorize Company to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe Company under this Agreement, including without limitation for any reversals of deposits or transfers made to your Enter Account. You will execute any additional documentation required for Company to perfect our security interest in any funds in the Reserve. This security interest survives for as long as Company holds funds in your Reserve.
5. Your Liability for Chargebacks
The amount of a transaction may be reversed or charged back to your Enter Account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Network or a Buyer or a financial institution, (c) was not authorized or Company has any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
6. Our Collection Rights for Chargebacks
For any transaction that results in a Chargeback, Company may withhold the Chargeback amount in a Reserve. Company may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or Company’s processor from your Enter Account (including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Enter Account. Further, if Company reasonably believes that a Chargeback is likely with respect to any transaction, Company may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Buyer’s complaint, in which case Company will retain the funds; (b) the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or (c) Company determines that a Chargeback on the transaction will not occur. If Company is unable to recover funds related to a Chargeback for which you are liable, you will pay Company the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of Company in connection with the collection of all Enter Account deficit balances unpaid by you.
7. Excessive Chargebacks
If Company determines that you are incurring an excessive amount of Chargebacks, Company may establish controls or conditions governing your Enter Account, including without limitation, by (a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by Company to cover anticipated Chargebacks and related fees, (c) delaying payouts, or (d) terminating or suspending the Services.
8. Contesting Chargebacks
You agree to assist Company when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Buyer, the Buyer’s financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. Company will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, Company will release the reserved funds to your Enter Account or Funding Source. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, Company may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist Company in a timely manner when investigating a transaction, including providing necessary documentation within fifteen (15) days of our request, may result in an irreversible Chargeback. Company reserves the right, upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes.
PART 3. ADDITIONAL TERMS FOR DEVELOPERS
1. Developer’s Tools License
1.1. Developer’s Tools. This Agreement governs your use of any and all development applications provided by Company, including, but not limited to Company’s application programming interface and any accompanying or related documentation, source code, executable applications and other materials (the “Company API”), the Company Sandbox, available at https://wallet.sandbox.enter.financial, and any other resources or services available at https://docs.enter.financial (“Company Services”) provided to you pursuant to this Agreement (collectively, the “Developer’s Tools”). Use of the Developer’s Tools is subject to this Part 3 and is also subject to General Use terms, including without limitation the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and cancellation policies set forth above.
1.2 License Grant. Subject to the terms and restrictions set forth in this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferrable and non-sublicensable license solely to use and integrate the Developer’s Tools and underlying content into your website or application (your “Application”) so that your Application can interface directly with Company devices, applications, or services.
1.3 Restrictions and Responsibilities. By using the Developer’s Tools, you agree to the following terms:
1.3.1. You shall:
(1) Register for a Company Account.
(3) Comply with all applicable laws, regulations, licensing requirements, and third party rights (including, without limitation, data privacy laws).
(4) Represent and warrant that your Application, including but not limited to the name of the Application and all content in your Application, does not infringe the Intellectual Property rights of Company or any third party.
(6) Use the Company Marks only as expressly authorized in this Agreement.
(7) Obtain prior written approval from Company prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to Company, the Company Marks, or this Agreement.
(8) Comply with additional verification procedures in the event that your Application seeks OAuth permissions to transfer Merchant Credits in an amount greater than predefined limits.
1.3.2. You shall not:
(1) Copy, rent, lease, sell, sublicense, or otherwise transfer your rights in the Developer’s Tools to a third party.
(2) Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Developer’s Tools.
(3) Cache, aggregate, or store data or content accessed via the Developer’s Tools other than for purposes allowed under this Agreement.
(4) Use the Developer’s Tools for any Application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
(5) Use the Developer’s Tools to encourage, promote, or participate in illegal activity, violate third party rights, including intellectual property rights or privacy rights, or engage in any Prohibited Use or Prohibited Business as defined in the Terms.
(6) Use the Developer’s Tools in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of Company’s servers or impacts the behavior of other applications using the Developer’s Tools.
(7) Display Developer’s Tools or Company Marks in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Company, other than as expressly permitted in writing by Company.
(8) Attempt to cloak or conceal your identity or your Application's identity when requesting authorization to the Developer’s Tools.
2. Activities Subject to Additional Restrictions
2.1. Activities Subject to Additional Restrictions. Company may require you to complete enhanced on-boarding procedures and/or restrict your Application if you would like to create/offer an Application which is designed for or results in any of the following:
2.1.1. Provide International Remittance Services. Any Application which involves a service that provides for: (i) an international (cross border) transfer of funds from a Sender to a Recipient, (ii) without an underlying sale or other bona fide commercial purpose for the transfer.
2.1.2. Provide Banking or Other Licensed Financial Services. Any Application which either holds money for eventual payment or which offers or provides credit, either directly or as a broker or arranger between third parties, or any Application that would require licensing as a bank, money services business, or other financial service provider, or as an escrow service in the jurisdiction where the service’s users reside.
2.1.3. Provide Gambling Services. Any Application which involves the payment of funds in exchange for the chance to win a prize.
2.1.4. Provide Virtual Currency Exchange Services. Any Application which involves a business engaged in the exchange of virtual currency for real currency, funds, or other virtual currency and which accepts and transmits a convertible virtual currency or buys or sells convertible virtual currency for any reason.
3. Intellectual Property and Ownership; Use of Marks
As between Company and you, the Developer’s Tools, Company Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Company and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Developer’s Tools or Company Marks except as expressly set forth herein. If you obtain Company’s prior written consent, you may use and display Company’s name and logo (“Company Marks”) solely to attribute the Developer's Tools as the source of your Application.
4. API Calls and Compliance
Company may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, Company may moderate your activity or cease offering you access to the Company APIs altogether in Company’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. Company may immediately suspend or terminate your access to the Developer’s Tools without notice if Company believes, in its sole discretion, that you are in violation of this Agreement or the Terms.
5. Updates and Support
Company may elect to provide you with support or modifications for the Developer’s Tools, in its sole discretion, and may terminate such support at any time without notice. Company may change, suspend, or discontinue any aspect of the Developer’s Tools at any time, including the availability of any Developer’s Tools.
6. Security and Privacy
6.1 Security. You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including without limitation any personally identifiable information (“PII”), from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify Company promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by Company resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Developer’s Tools or any authorized or unauthorized use of your Application.
6.3. Data Use. You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end user to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by these Terms is strictly prohibited.
Types of Credit & Debit Cards That Can Be Used
The following credit and debit cards can be used as payment:
• Visa or MasterCard, pre-paid credit or gift cards
• Select MasterCard if paying with a EuroCard or MasterMoney Card.
• We don't accept EBT
• We don’t accept Flexible Spending Account (FSA) or other health benefit accounts aren't accepted.
Violations of this policy may result in a range of actions, including:
• Account suspension
• Limits on account privileges
• Account termination
Refund / Cancelation Policy
Thank you for using Enter to purchase products and services, we always want you to be satisfied with your purchase.
You have the right to dispute a purchase made through the Enter platform up to 180 days after purchase for any reason. We want to ensure that you are happy with the products or services you purchased so we require that all of our merchants respond back to all customer disputes within 48 business hours. If the Merchant does not respond to the dispute in time frame the customer will receive a full refund including any shipping costs. If the Merchant does respond to this dispute, the resolution of this dispute will be based upon the terms and conditions of the products or services purchased from this merchant.