Terms of Service

1. Introduction

Welcome to Bankario.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and Bankario LC, a limited liability company organized under the laws of the State of New Mexico, United States ("Bankario", "we", "our", or "us").

These Terms govern your access to and use of the Bankario website, mobile applications, web platform, APIs, software, products, and related services (collectively, the "Platform").

By creating an account, accessing the Platform, or using any Bankario Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree with these Terms, you must not access or use the Platform.

2. About Bankario

Bankario is a financial technology company.

Bankario develops and operates software that enables users to access financial products and services offered by licensed financial institutions and regulated infrastructure partners.

Bankario is not a bank.

Unless expressly stated otherwise, Bankario:

• does not accept deposits;
• is not a payment institution;
• is not an electronic money institution;
• is not a money transmitter;
• is not a broker-dealer;
• is not an investment adviser;
• is not a cryptocurrency exchange;
• is not a custodian of customer assets.

Certain financial services available through the Platform are provided by independent licensed financial institutions and regulated partners. Your use of those services may also be subject to additional agreements, disclosures, and policies provided by those institutions.

3. Eligibility

To use the Platform, you represent and warrant that:

• you are at least eighteen (18) years of age or the age of legal majority in your jurisdiction;
• you have full legal capacity to enter into binding agreements;
• you are not located in a jurisdiction where the Platform is prohibited;
• you are not subject to sanctions or restrictions imposed by applicable authorities;
• all information you provide is accurate, complete, and current.

Business accounts may only be opened by persons authorized to act on behalf of the applicable legal entity.

4. Account Registration

To access certain Services, you must create a Bankario account.

You agree to:

• provide accurate information;
• maintain accurate information;
• promptly update changes;
• protect your credentials;
• maintain the security of your account.

You remain responsible for all activities conducted through your account.

5. Identity Verification

Access to certain Services requires successful completion of identity verification procedures.

Verification may include, among other things:

• identity verification;
• business verification;
• sanctions screening;
• politically exposed person screening;
• proof of address;
• source of funds verification;
• source of wealth verification;
• ongoing monitoring.

Verification may be performed by Bankario and/or our regulated financial partners.

We may request additional documentation at any time.

Failure to provide requested information may result in suspension or termination of Services.

6. Services

Depending on your jurisdiction and eligibility, Bankario may provide access to services including:

• Payment accounts;
• Virtual accounts;
• IBANs;
• Stablecoin wallets;
• Fiat transfers;
• ACH;
• Wire transfers;
• SEPA;
• Faster Payments;
• FedNow;
• PIX;
• SPEI;
• Card issuance;
• Virtual cards;
• Physical cards;
• Stablecoin conversion;
• Foreign exchange;
• Beneficiary management;
• Transaction history;
• APIs;
• Notifications;
• Account management tools.

Availability varies by jurisdiction. Not every service is available in every country.

7. Third-Party Financial Providers

Many financial services accessible through the Platform are provided by independent licensed financial institutions and regulated infrastructure partners.

Bankario acts as the technology provider facilitating access to these services.

Financial partners may independently:

• approve or reject customers;
• perform KYC/KYB;
• monitor transactions;
• freeze accounts where legally required;
• reject transactions;
• impose limits;
• require additional verification.

Bankario does not control regulatory decisions made by our financial partners.

8. Fees

Certain Services are subject to fees.

Applicable fees are disclosed within the Platform or on our Pricing page.

By initiating a transaction, you authorize Bankario and/or the applicable financial partner to deduct the applicable fees.

Fees may change from time to time.

9. User Responsibilities

You agree not to:

• engage in unlawful activity;
• facilitate money laundering;
• finance terrorism;
• violate sanctions;
• impersonate another person;
• provide false information;
• attempt unauthorized access;
• interfere with Platform security;
• distribute malware;
• exploit vulnerabilities;
• reverse engineer the Platform.

10. Cryptocurrency Services

Certain Services involve stablecoins and blockchain networks.

You acknowledge:

• blockchain transactions are generally irreversible;
• transaction confirmation depends on network conditions;
• network fees may vary;
• transaction delays may occur;
• supported assets may change;
• stablecoins may experience depegging events.

You are solely responsible for ensuring that wallet addresses and transaction details are correct.

11. Cards

Cards are issued by licensed issuing partners.

Card usage may be subject to separate cardholder agreements.

Cards may be:

• declined;
• suspended;
• replaced;
• restricted,

in accordance with applicable laws or issuing partner requirements.

12. Compliance Monitoring

Bankario and our financial partners may monitor activity to comply with applicable laws.

We reserve the right to:

• request additional information;
• suspend transactions;
• reject transactions;
• freeze access;
• close accounts;
• report suspicious activity where legally required.

13. Availability

We strive to maintain uninterrupted availability.

However, we do not guarantee continuous availability.

Interruptions may occur due to:

• maintenance;
• banking partner outages;
• blockchain congestion;
• card network downtime;
• internet failures;
• force majeure;
• regulatory actions.

14. Intellectual Property

The Platform, software, trademarks, logos, branding, interfaces, APIs, content, documentation, and technology remain the exclusive property of Bankario or its licensors.

Nothing in these Terms transfers ownership of any intellectual property rights.

15. Privacy

Your use of the Platform is governed by our Privacy Policy.

16. Suspension and Termination

We may suspend or terminate access immediately where we reasonably believe:

• fraud;
• abuse;
• sanctions violations;
• AML concerns;
• regulatory obligations;
• security threats;
• breaches of these Terms,

require such action.

17. Disclaimer of Warranties

The Platform is provided on an "AS IS" and "AS AVAILABLE" basis.

To the fullest extent permitted by law, Bankario disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, or error-free performance.

18. Limitation of Liability

To the fullest extent permitted by applicable law, Bankario shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, goodwill, data, or business opportunities.

Bankario shall not be liable for losses arising from:

• actions or omissions of financial partners;
• regulatory decisions;
• payment network failures;
• banking outages;
• blockchain events;
• force majeure;
• unauthorized access resulting from your failure to protect your credentials.

Where liability cannot be excluded, Bankario's aggregate liability shall not exceed the total fees paid by you to Bankario during the twelve (12) months preceding the event giving rise to the claim.

19. Indemnification

You agree to indemnify and hold harmless Bankario, its affiliates, directors, officers, employees, contractors, licensors, and partners from claims, damages, liabilities, costs, and expenses arising from your breach of these Terms, misuse of the Platform, or violation of applicable law.

20. Changes to These Terms

We may modify these Terms from time to time.

Material changes will be communicated through the Platform, email, or other appropriate means.

Continued use of the Platform following the effective date constitutes acceptance of the revised Terms.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict of law principles.