Terms of Use

Updated: November, 1, 2021

If you have questions in regards to our privacy policies, please?contact us.

Welcome to banq! Thank you for downloading our app or visiting our website. We are excited to have you as a member of the banq community. This End User License Agreement and Terms of Service (this ?EULA?) is a binding contract between you, an individual user (?you?) and banq, Inc. (?banq,? ?we,? ?us? or ?our?) governing your use of the mobile software applications that banq makes available for download (individually and collectively, the ?App?), the related websites are located at?https://banq.com,? and any other online properties owned or controlled by or on behalf of banq (each a ?Website? and, collectively, the ?Websites?) (the App and the Websites are the ?Service?).

BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE SERVICE. TO HAVE A COPY OF THIS EULA AND BANQ?S PRIVACY POLICY SENT TO YOU, CONTACT BANQ AT hello@banq.com.
Key Material Terms; As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:

? The Service is licensed, not sold to you, and you may use the Service only as set forth in this EULA.
? If you are using the App on an iOS-based device, then you agree to and acknowledge the ?Notice Regarding Apple,? below.
? The use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator?s (the ?Carrier?) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
? You consent to the collection, use and disclosure of your personally identifiable information in accordance with banq?s Privacy Policy available at banq?s Privacy Policy.
? We provide the Service to you on an ?as is? and ?as available? basis without warranties of any kind and banq?s liability to you is limited to the greatest extent permitted by law.
? Disputes arising between you and banq will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail below, you and banq are each waiving the right to a trial by jury or to participate in a class action.
? If Post any Objectionable Content, as defined below, on the Service, then we may, but have no obligation to, take any remedial action that we, in our sole discretion, deem necessary and/or appropriate under the circumstances, such as, without limitation, suspending or terminating your Account (defined in Section 4.a below), removing all of your User Content from the Service and/or reporting you to law enforcement authorities, either directly or indirectly.

1. General Terms & Conditions
? Changes to this EULA. You understand and agree that we may change this EULA at any time without prior notice. We will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised EULA that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this EULA at any time by selecting the appropriate link on the Service. The revised EULA will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of the revised EULA. If you find any change to this EULA or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this EULA will govern any updates banq provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern. Notwithstanding the preceding sentences of this Section 1.a, no revisions to this EULA will apply to any dispute between you and banq that arose prior to the effective date of such revision.
? Privacy Policy. Our access to and use of the Service is also subject to banq?s Privacy Policy available on our Website, the terms and conditions of which are incorporated herein by reference.
? Jurisdictional Issues. banq makes no representation that materials on the Service are appropriate, lawful or available for use in any locations other than the United States of America in general, and Nevada in particular. Those who choose to access or use the Service from locations outside Nevada or the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
? Eligibility. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 18 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY banq. IF YOU ARE UNDER 18 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.

2. Banq Service
? Description. The Service provides approved users with the ability to hold and transfer digital collectables in the form of non-fungible tokens.
? Consideration; No right to compensation. You acknowledge and agree that this EULA is entered into in consideration of your use of the Service pursuant to this EULA and for other good and valuable consideration, the receipt and sufficiency of which you acknowledge. In return for enjoying the Service, you further acknowledge and agree that banq may generate revenues (including from advertising), increase goodwill or otherwise increase the value of banq from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
? Changes to the Service. banq may at its sole discretion and from time-to-time change, add or remove features and functionality of the Service without any notice to you. banq reserves the right to discontinue some or all of the features of the Service at any time at its sole discretion (including the provision of software updates). You acknowledge and agree that banq will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If you are dissatisfied with any changes to the Service, then your sole option is to discontinue or terminate your use of the Service as described herein.
? Mobile Services. When the Service is accessed via a mobile phone, tablet or other wireless device (collectively, ?Mobile Services?), your mobile carriers normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this EULA.

3. Registration
a. Log-in Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service you must open an account with us (each a ?Account?).
b. Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify banq immediately at hello@banq.com if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. banq will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying banq of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 9 below).
c. Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information. You will update all information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account that, in our sole discretion, would or might constitute a violation of this EULA, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of banq, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then banq may terminate your Account immediately without notice to you and without any liability to you or any third party.
d. User Onboarding. For certain service features offered through Services, as required by law or at deemed appropriate by Banq, banq may perform Know Your Customer (?KYC?) procedures on all end users. You agree that this is a general requirement and in compliance with regulatory rules and guidance, and in no way creates or is deemed to be any form of recommendation or advice by banq. banq may in its sole and absolute discretion decline to accept any person?s request in anything, at any time, with no requirement for any reason or explanation; the parties agree that such decline(s), if any, shall not constitute an opinion, recommendation or investment, legal or tax advice by banq. You authorize banq to provide your personal identifiable information to its third-party service providers for the purpose of KYC investigations and identity verifications.With respect to background checks (including, but not limited to data which we obtain from third parties regarding OFAC, FINCEN, PATRIOT Act, criminal history, bankruptcy, etc.), the data and information contained in our investigations is obtained from numerous regulatory, private and public sources and is thought to be reliable. However, we do NOT make any physical inspections of, nor conduct any interviews with, any entity or person or their records or location(s), do not obtain certified or audited records, do not interview any sources and do not access an exhaustive list of sources (including some which might reasonably have been considered). As such our background checks should only be viewed as reasonable results given the small fee(s) paid to obtain them and may be flawed, inaccurate or incomplete. banq assumes absolutely no liability for any problems that arise out of any reliance on the background checks feature of the Service. In connection with its escrow services, banq does not perform any independent due diligence on any offering, any issuer of securities, any person associated with an issuer, any person working for an issuer or participating in an offering, or any investor. Notwithstanding the foregoing, KYC and other identification processes conducted by banq should not be relied upon when dealing with other banq users.

4. Material Disclaimers and Limitation of Liability.
? EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BANQ, THE SERVICE, CONTENT CONTAINED THEREIN, INCLUDING DIGITAL ASSETS, ARE PROVIDED OR MADE AVAILABLE ON AN ?AS IS? AND ?AS AVAILABLE? BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. BANQ (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. BANQ DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN.
? BANQ DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE BANQ ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, BANQ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, ANY DIGITAL ASSETS HELD OR OTHERWISE MADE AVAILABLE ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
? WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BANQ WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CRYPTO ASSETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) INTELLECTUAL PROPERTY LAW INFRINGEMENT BY USERS, (C) SERVER FAILURE OR DATA LOSS; (D) CORRUPTED FILES OR COLLECTIBLES/DIGITAL ASSETS; (E) UNAUTHORIZED ACCESS TO APPLICATIONS; (F) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR DIGITAL ASSETS. BANQ IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE DIGITAL ASSETS. BANQ IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING DIGITAL ASSETS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT. NOTHING HEREIN SHALL EXCLUDE OR LIMIT LIABILITY OF EITHER PARTY FOR FRAUD, DEATH OR BODILY INJURY CAUSED BY NEGLIGENCE, VIOLATION OF LAWS, OR ANY OTHER ACTIVITY THAT CANNOT BE LIMITED OR EXCLUDED BY LEGITIMATE MEANS.
? TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BANQ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THE EULA, THE SERVICE OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF BANQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
? NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BANQ ARISING OUT OF OR IN ANY WAY RELATED TO THE EULA, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, CRYPTO ASSETS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY BANQ FROM THE DISPUTED TRANSACTION(S) AND USER SERVICE FEES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF BANQ FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF BANQ?S GROSS NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF BANQ?S FRAUD OR FRAUDULENT MISREPRESENTATION

5. Intellectual Property Rights
a. License. Subject to your complete and ongoing compliance with this EULA, banq hereby grants you a revocable, non-exclusive, non-transferable, non-sub-licensable, royalty-free and worldwide right and license to access and use the Service solely for your personal or internal business use and solely in strict compliance with the provisions of this EULA.
b. Content. The content that banq provides to users on or through the Service, including, without limitation, any text (such as company information, details of investments, account vesting details, emails sent to users, transactions, change history, etc.), graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by banq or its third party licensors (collectively, the ?banq content?). Moreover, banq solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill. We grant the operators of public search engines, as well as certain partners and regulatory organizations, permission to use spiders and application programming interfaces to copy non-password protected banq Content from the Service for the purposes of creating publicly available, searchable indices of the materials, including caches or archives of such materials, and for traffic metrics.
c. Marks. The banq trademarks, service marks and logos (the ?banq Trademarks?) used and displayed on the Service are banq?s registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the ?Third-Party Trademarks,? and, collectively with the banq Trademarks, the ?Trademarks?). Except as otherwise permitted by law, you may not use the Trademarks to disparage banq or the applicable third-party, banq?s or a third-party?s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without banq?s prior express written consent. All goodwill generated from the use of any banq Trademark will inure solely to banq?s benefit.
d. Restrictions. banq hereby reserves all rights not expressly granted herein. Accordingly, nothing in this EULA or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any banq Content or Trademarks located or displayed therein. You may not sell, transfer, assign, license, sublicense or modify the banq Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute or otherwise use the banq Content in any way for any public or commercial purpose without banq?s prior written consent. The use or posting of any of the banq Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this EULA, then your right to access and/or use the banq Content and Service will automatically terminate and you must immediately destroy any copies you have made of the banq Content.

6. User Content
a. Definition: “User Content? meeans any content that Users upload, post or transmit (collectively, ?Post?) to or through the Service including, without limitation, any text, photographs and any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret and copyright laws, and excludes any and all banq Content.
b. Screening User Content. banq offers Users the ability to submit User Content to or transmit through the Service. banq does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, we have the right?but not the obligation?in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate this EULA or applicable law or to otherwise constitute Objectionable Content; or (ii) in response to complaints from third parties, with or without notice and without any liability to you. Without limiting the preceding sentences of this Section, banq also has the right?but not the obligation?to take remedial action in connection with any Objectionable Content Posted on the Service as described more fully below. We recommend that you save copies of any User Content that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. banq does not guarantee the accuracy, integrity, appropriateness, availability or quality of any User Content, and under no circumstances will banq be liable in any way for any User Content.
c. Intellectual Property Rights. YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
d. Licenses to User Content. You hereby grant banq an unrestricted, assignable, sub-licensable, revocable, royalty-free license to display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis)(collectively, ?Use?) all or any part of all User Content you Post to or through the Service soley for the purposes of (i) advertising, marketing and promoting banq and the Service; (ii) displaying and sharing your User Content to other Users of the Service; and (iii) providing the Service as authorized by this EULA. You represent and warrant that you have a right to hold, create and/or share any User Content, specifically digital collectables, and that your use of the Service does not and will not infringe on the intellectual property rights of third-parties
e. You Must Have Rights to the Content You Post. You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the licenses set forth in this EULA; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
f. Waiver of Rights to User Content. By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
g. Objectionable Content. You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws (including laws related to speech); (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism or inciting violence (including suicide), in each of clauses (i) and (ii) of this Section, as banq may determine in its sole and absolute discretion (collectively, ?Objectionable Content?). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User or to encourage any User to harm themselves or any other person. Except as provided for in Section 11 below, if you encounter any Objectionable Content on the Service, then please immediately email banq at hello@banq.comor inform us through the functionality offered on the Service. You acknowledge and agree that banq provides you with the ability to report Objectionable Content as a courtesy, and banq has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. However, banq in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content on the Service, including, but not limited to, warning the User, suspending or terminating the User?s Account, removing all of the User?s User Content Posted on the Service and/or reporting the User to law enforcement authorities, either directly or indirectly.
h. No Liability. For the avoidance of doubt, banq will not be liable for any unauthorized use of User Content by any User.

7. Restrictions on Use of the Service
In addition to any other restrictions set forth in this EULA, and without limiting those restrictions, when using the Service, you agree not to (and not to attempt to):
a. Make unauthorized copies of any content made available on or through the Service;
b. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
c. Attempt to decipher, decompile, disassemble or reverse engineer any of the software or source code comprising or making up the Service;
d. Delete or alter any material banq or any other person or entity Posts on the Service;
e. Frame or link to any of the materials or information available on the Service;
f. Alter, deface, mutilate or otherwise bypass any approved software through which the Service is made available;
g. Use any trademarks, service marks, design marks, logos, photographs or other content belonging to banq or obtained from the Service;
h. Access, tamper with or use non-public areas of the Service, banq?s (and its hosting company?s) computer systems and infrastructure or the technical delivery systems of banq?s providers;
i. Provide any false personal information to banq;
j. Create a false identity or impersonate another person or entity in any way;
k. Create a new account with banq, without banq?s express written consent, if banq has previously disabled an account of yours;
l. Solicit, or attempt to solicit, personal information from other Users of the Service;
m. Restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of that person, or collect information about or threaten, harass, menace or intimidate users of the Service;
n. Register or create any naming convention in the Service that includes a Trademark without the prior written consent of the owner of such Trademark;
o. Use the Service, without banq?s express written consent, for any unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
p. Use the Service to send communications to persons who have requested that you not send them communications;
q. Gain unauthorized access to the Service, to other users, accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
r. Post any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment or any other aspect of the Service or communications equipment and computers connected to the Service;
s. interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of those networks or servers;
t. Violate any applicable federal, state or local laws or regulations or the terms of this EULA.

8. External Sites
The Service may contain links to or the ability to share information with third party websites (?External Sites?). banq does not endorse any External Sites or the content made available on such External Sites. All External Sites and any content thereon is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such content located on such External Sites. banq is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer and mobile devices from viruses and other destructive programs. If you decide to access any External Sites, purchase any content from External Sites or subscribe to services offered by such External Site, then you do so at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT banq WILL HAVE NO LIABILITY TO YOU ARISING FROM YOUR USE, ENGAGEMENT, EXPOSURE TO OR INTERACTION WITH ANY EXTERNAL SITES. FURTHERMORE, banq DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY EXTERNAL SITE, AND, EVEN IF COMPENSATED, WHETHER FOR A FIXED FEE OR VIA CPC, CPM, CPA OR OTHER BASIS, IN NO WAY SHALL banq BE CONSIDERED A PARTY TO OR IN ANY WAY HAVE RESPONSIBILITY TO MONITOR OR WARRANTY ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. Feedback
While we are continually working to develop and evaluate our own product ideas and features, we know we don?t have all the answers. We therefore welcome your feedback, comments and suggestions. If you choose to contribute by sending banq or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games or other types of content), promotions, strategies or product/feature names or any related documentation, artwork, computer code, diagrams or other materials, or testimonials or compliments (collectively ?Feedback?), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to banq, you agree that:
a. banq has no obligation to review, consider or implement your Feedback, or to return to you all or part of any Feedback for any reason;
b. Feedback is provided on a non-confidential basis, and banq is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way, nor is it under any obligation to credit or otherwise attribute any Feedback to you, nor to compensate you in any manner regardless of how and where such Feedback is used; and
c. You irrevocably grant banq perpetual and unlimited permission to reproduce, modify, distribute, display, publish, transmit, communicate to the public, make available, broadcast, create derivative works from, publicly perform (including on a through-to-the audience basis) and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

10. Notice & Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
a. Respect of Third-Party Rights. banq respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy. banq?s intellectual property policy is to (i) remove or disable access to material that banq believes in good faith or upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the Service; and (ii) remove any User Content uploaded to the Service by ?repeat infringers.? banq considers a ?repeat infringer? to be any User that has uploaded User Content or Feedback to or through the Service and for whom banq has received more than two takedown notices compliant with the provisions of 17 U.S.C. , 512 with respect to such User Content or Feedback. banq has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon banq?s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a ?Notification of Claimed Infringement? containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by banq with the User alleged to have infringed a right you own or control, and you hereby consent to banq making such disclosure. Your communication must include substantially the following:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
b. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
c. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit banq to locate the material;
d. Information reasonably sufficient to permit banq to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;
e. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. , 512 to confirm your obligations to provide a valid notice of claimed infringement.
d. Designated Agent Contact Information. Banq?s designated agent for receipt of Notifications of Claimed Infringement (the ?Designated Agent?) can be contacted at:Via Email: hello@banq.com
e. Counter Notification.?If you receive a notification from banq that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide banq with what is called a ?Counter Notification.? To be effective, a Counter Notification must be in writing, provided to banq?s Designated Agent through one of the methods identified herein and include substantially the following information:
a. A physical or electronic signature of the subscriber;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. The subscriber?s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber?s address is outside of the United States, then for any judicial district in which banq may be found, and that the subscriber will accept service of process from the person who provided notification under Section 11.d above or an agent of such person.
A PARTY SUBMITTING A COUNTER NOTIFICATION SHOULD CONSULT A LAWYER OR SEE 17 U.S.C. , 512 TO CONFIRM THE PARTY?S OBLIGATIONS TO PROVIDE A VALID COUNTER NOTIFICATION UNDER THE COPYRIGHT ACT.
f. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to banq in response to a Notification of Claimed Infringement, then banq will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that banq will replace the removed User Content or Feedback or cease disabling access to it in 10 business days, and banq will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless banq?s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on banq?s system or network.
g. False Notifications of Claimed Infringement or Counter Notifications.The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. , 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys, fees, incurred by the alleged infringer, by any copyright owner or copyright owner?s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of banq relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.17 U.S.C. , 512(f). banq reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

11. Dispute Resolution
a. Dispute Resolution. Please read the following arbitration agreement in this Section (?Arbitration Agreement?) carefully. It requires you to arbitrate disputes with Banq and limits the manner in which you can seek relief from us. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Banq, whether directly or indirectly, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Banq may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal Department at 10845 Griffith Peak Dr. Suite 200, Las Vegas, NV 89135. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys? fees and interest, shall be subject to JAMS?s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS?s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS?s rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Banq shall reimburse you of any filing required by applicable law, rules or regulations. The arbitration shall take place in Clarke Country, Nevada.
c. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Banq. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum?s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial. YOU AND BANQ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Banq are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15(b) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow the EULA = as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection?s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.
f. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to hello@banq.com or to our mailing address. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
g. Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Banq.

12. Third-Party Disputes
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE BANQ PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

13. Indemnification
? Term. As between you and banq, the Term of this EULA commences as of your first use of the Service and continues until the termination of this EULA by either you or banq.
? Termination By You. You may terminate this EULA by deactivating you Account(s) and subsequently sending written notification to banq at hello@banq.com, as well as deleting the App from your mobile device and terminating all other uses of the Service, including ever visiting any of our websites. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the Service, but the removal or deletion of such User Content will not terminate this EULA.
? Termination by banq. banq reserves the right, in its sole discretion, to restrict, suspend or terminate this EULA and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of this EULA or violate the rights of any third party, including by using any technological, legal, operational or other means available to us (such as blocking specific IP addresses, deleting your Account or reporting you to law enforcement). banq may further terminate this EULA immediately for any other reason with or without notice to you, using the email address associated with your account credentials. banq reserves the right to change, suspend or discontinue all or any part of the Service at any time without prior notice or liability.

14. Consent to Electronic Communications
The Federal Electronic Signatures in Global and National Commerce Act (?ESIGN?) and similar state laws, particularly the Uniform Electronic Transactions Act (?UETA?), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer?s consent to receive information electronically. When an end user opens a Account with us, we obtain their consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means.

15.Governing Law and Venue
The EULA, your access to and use of the Service and Content, shall be governed by and construed and enforced in accordance with the laws of the State of Nevada, without regard to conflict of law rules or principles of the State of Nevada, or any other jurisdiction) that would cause the application of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in Nevada claims court, shall be resolved in the state or federal courts of Clarke County in the State of California, and the United States, respectively, sitting in the State of Nevada.

16. Miscellaneous
This EULA is governed by the internal substantive laws of the State of Nevada without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Clark County, Nevada. You agree that no joint venture, partnership, employment or agency relationship exists between you and banq as a result of this EULA or use of the Service. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this EULA, which will remain in full force and effect. Failure of banq to act on or enforce any provision of this EULA will not be construed as a waiver of that provision or any other provision in this EULA. No waiver will be effective against banq unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by banq and you, this EULA constitutes the entire agreement between you and banq with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import. This EULA will inure to the benefit of our successors and assigns. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of banq. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting any the App from your device prior to such disposition. banq may assign this EULA, including all its rights hereunder, without restriction.

17. Contact Us
If you would like to contact us in connection with your use of the Service, then please refer to?hello@banq.com.
NOTICE REGARDING APPLE
You acknowledge that this EULA is between you and banq only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party?s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple?s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ?terrorist supporting? country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If banq provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.

Last Updated: October 31, 20211