Terms of Service
These Terms of Service are entered into by and between you (“you”, “user” or “customer”) and ShiftSense, Inc. and/or its affiliates or subsidiaries (collectively, “BankShift”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”) govern your access and use of our website located at www.bankshift.com or through our web-based or mobile applications (collectively, the “Site”) and any related services.
Please read this Agreement CAREFULLY, as the terms may have changed. Please note that we may revise and update these Terms of Service from time to time in our sole discretion by posting the revised Terms of Service on the Site. Your continued use of the Site will be deemed acceptance to any amended or updated Terms of Service. We encourage you to regularly check the Site for any revisions to the Terms of Service.
You represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service, both on behalf of yourself and the entity that you represent (if any).
You represent and warrant that you are at least eighteen years old.
Please be aware that these terms of Service include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions (see Arbitration, below), a provision that limits BankShift’s liability to you (see Limitation of Liability, below) and a provision under which you authorize BankShift to debit and credit to and from third-party financial institutions on your behalf (see Authorization to act as your Agent, below).
You acknowledge and agree that BankShift is not responsible for the financial information, products and services of Third-Party Financial Institutions (as defined below) or for the accuracy of the data obtained from third-party sites that are displayed or reported through our site or any services connected therewith.
BankShift is not a bank, financial planner, broker or asset manager. Neither the Site nor any services we provide are intended to provide legal, tax, or financial advice. While the Site provided by BankShift may provide significant assistance in helping you manage your finances, you should consult with a professional financial advisor and/or an attorney who is fully aware of your individual situation or circumstances before making investment decisions or deciding on significant changes to your personal financial strategy.
If you do not agree to these Terms of Service, then you may not use or access the Site.
Access to the Site
Subject to these Terms of Service, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use. We may alter the Site and the services we provide at any time for any reason or no reason, and we may terminate your account, delete any content or information that you have provided to us, and/or prohibit you from using or accessing any portion of the Site for any reason or no reason in our sole discretion and without prior notice.
You are responsible for obtaining any equipment (such as a mobile device) or services (such as Internet access) that you may need to use or access the Site and related services. We are not responsible for any applicable changes, updates, fees, or contractual terms that you may incur or be required to accept in order to procure any such equipment or services from third parties (including, but not limited to, your mobile device and telecommunications providers and/or your internet service providers).
While we strive to provide an interruption-free experience, your access and use of the Site and its associated services may be interrupted from time to time for any of several reasons, including, but not limited to, malfunction of equipment, periodic updating, maintenance or repair of the Site or associated equipment, or other actions that BankShift, in its sole discretion, may elect to take. In no event will BankShift be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Site or its associated services. Your sole and exclusive remedy for any failure or non-performance of the Site or its associated services, including any associated software or other materials supplied in connection with the Site and its services, shall be for BankShift to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable equipment, service, or Site.
BankShift cannot foresee or anticipate every technical or other difficulty which may arise. Such technical or other difficulties may result in (i) an inability to obtain your Account Info (as that term is defined below) or other data, (ii) a loss of your Account Info or other data, (iii) a loss of your personalized settings on the Site (including any rules or routines you create in your User Account (as defined below)), or (iv) other interruptions in access to the Site or the services offered there. BankShift is not responsible for, and cannot guarantee the accuracy, timeliness, or availability of, your Account Info that we retrieve on your behalf from third-party technology providers or from your financial institutions where your accounts are held, or any other third-parties used to provide information for the Site or any associated services. BankShift explicitly assumes no responsibility for the timeliness, accuracy, availability, deletion, non-delivery, or failure to store any of your data, loss of your data, communications or Site settings.
In order to access certain features and services of the Site, you must register for an BankShift account (“User Account”). When creating your User Account, you agree to provide true, accurate, current, and complete information. You further agree to maintain and update your personal information as needed to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your User Account (including your password) and for restricting access to devices you use to access the Site, and you agree to accept responsibility for all activities that occur under your User Account. If you have reason to believe that your User Account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit or charge card number), you agree to immediately notify us. You may be liable for losses incurred by you, BankShift or others due to any unauthorized use of your User Account.
As a condition of creating a User Account, you must have a valid government-issued identification. We may also be required to verify your identity. You authorize us to make any inquiries, directly or through any third-party service providers, we deem necessary to validate your identity. These inquiries may include, but are not limited to, asking you for further information, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide the required information, or if BankShift is unable to verify your identity, BankShift may refuse to allow you to create a User Account or to access or use the Site.
If you wish to close your User Account, you must complete the following steps and/or any other instructions provided by us:
- Transfer all funds in your User Account to your accounts held with financial institutions;
- Ensure that you don’t have any transfers or rules-based routines that are in process; and
- Email email@example.com from the registered email address on your User Account.
Your Consent to Electronic Signatures and Communications
By creating an User Account, you explicitly consent (to the fullest extent permitted by applicable law) to receive all notices and information via emails, push notifications, text message, and other similar means. For the avoidance of doubt, this consent applies to all communications that we may otherwise be required to send or provide to you in paper form or by mail. BankShift nevertheless reserves the right to communicate with you in paper form or by mail.
You may opt out of receiving certain types of notices (such as marketing or promotional notices) by following the opt-out or unsubscribe instructions included with those notices or, in the event you cannot locate those instructions, by contacting us at firstname.lastname@example.org
Authorization to Act as Your Agent
Please read the below section CAREFULLY, as it authorizes us (among other things) to act as your agent for purposes of initiating financial transactions (and the terms for revoking such authorization).
Please note that we currently only support Third-Party Financial Institutions based in the United States. You will not be able to use the functionality of the Site, including initiating any transfers and executing any other transactions, with respect to any Third-Party Financial Institutions outside of the United States.
Certain services we provide require your authorization in order to initiate ACH transactions between BankShift and deposit accounts you identify and designate that are held for your benefit by Third-Party Financial Institutions. You agree to authorize BankShift to initiate ACH credit and/or debit transactions among your accounts with Third-Party Financial Institutions and your account with Dwolla (as detailed below), both in response to your direct request and automatically at set times based on instructions you explicitly provide (e.g., when you establish weekly, monthly, or other periodic rules-based routines or transfers).
When you initiate an ACH transfer between your accounts held with one or more Third-Party Financial Institutions, we will execute two separate transfers. First, we will debit the amount of your requested transfer from the originating account. Second, we will credit the same amount, less any fees charged by the Third-Party Financial Institutions or by us (any fees charged by us are set forth in these Terms of Service), to the recipient account. You are solely responsible for ensuring that you have sufficient funds in the originating account to complete the transfer. If you do not have sufficient funds in your originating account to cover a transaction you initiate through the Site, or in the event of a chargeback, we may take any action we deem necessary and appropriate, including, but not limited to, reversing the credit to the recipient account, if possible, or withdrawing funds from another account held by you to cover the cost of the transaction and any other fees or losses incurred by us as a result of insufficient funds or any chargebacks.
You acknowledge and agree that, as consideration for BankShift providing to you services that may require us to initiate ACH transactions as described herein, you waive your right to receive prior notice of the amount and date of each debit and credit.
You acknowledge and agree that, as consideration for BankShift providing to you services that may require us to initiate ACH transactions as described herein, BankShift will not be liable for any third-party fees that may be incurred as a result of transactions you authorize us to perform on your behalf, including but not limited to third-party fees incurred as a result of maintaining insufficient funds in your accounts with Third-Party Financial Institutions.
You acknowledge that the authorizations contained in this section represent your written authorization for ACH transactions, and that these authorizations will remain in full force and effect until you notify us that you wish to revoke this authorization. You acknowledge and agree that BankShift may require a commercially reasonable prior notice in order to effectuate your revocation, and may require at least three (3) business days prior to any scheduled debit or credit date in order to revoke, cancel, or stop a previously authorized transaction.
When you initiate a transaction through the Site, you represent and warrant that any accounts with Third-Party Financial Institutions that you link to BankShift belong to you, and that you are not attempting to transfer funds from or to an account not in your name.
In order to detect money laundering, fraud and other criminal activity, we may impose certain limitations on your User Account and your ability to transfer funds between your accounts with Third-Party Financial Institutions. For example, you may not initiate any transfers or execute any other transactions before your identity is verified as described in these Terms of Service. Additionally, we may impose limits on the amount of funds you can transfer in a single transaction and/or in a given time period (e.g., a day). We will attempt to, although we will have no obligation for failure to, communicate these limits to you via the Site. We reserve the right to change applicable limits as we deem necessary in our sole discretion. Finally, if we reasonably suspect that any transaction is fraudulent or otherwise violates these Terms of Service, we reserve the right to cancel or reverse such transaction, even after funds have been debited from your bank account.
Interactions with Third-Party Financial Institutions and Others
In addition, if you access the sites of Third-Party Financial Institutions through the Site, you will be subject to the terms of service and privacy policies for those sites. BankShift again cautions you to familiarize yourself with the terms of service and privacy policies of your financial institutions before undertaking any such access.
Portions of the Site or the services offered thereon may be supported by sponsored links from advertisers. The Site may display special offers or opportunities to acquire products or services custom matched to you based on information available to BankShift through the Site and its associated services. We may disclose when a particular offer is sponsored or otherwise provided by a third party.
The Site may provide links to other sites belonging to BankShift advertisers, marketing partners, or other third parties. These links are provided to you as a convenience. BankShift does not endorse, warrant, or guarantee the products or services available through any such links found on the Site (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored. BankShift is not an agent or broker or otherwise responsible for the activities or policies of any such sites. BankShift does not guarantee that the terms of any offers, plans, or rewards offered to you through links on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information associated with any links found on the Site are provided by the third parties, and any such offer is subject to the third parties’ review of your information. BankShift may receive compensation from third parties which may impact the placement and availability of links found on the Site.
If you elect to use or purchase products or services from third parties whose links appear on the Site, you are subject to any applicable terms of service and/or privacy policies they may have in association with their sites.
BankShift shall have no responsibility or liability for any sites, services, products, or other offerings of any third parties beyond BankShift’s control, including, without limitation, any Third-Party Financial Institutions, any third parties BankShift engages to access your Account Info, or any third-party advertisers or marketers.
Fees and Payment
By default, access and use of the Site is offered for a monthly fee and a 14-day free trial. If you choose to sign up for a paid User Account, you hereby authorize us to charge your designated payment method directly or through a third party partner on a monthly basis until you cancel your paid subscription.
The most updated pricing for paid User Accounts will be listed on the Site. BankShift reserves the right, in its sole discretion, to amend or change the pricing terms for the Site or the services offered therein, or for any additional services that we may choose to offer by posting the updated pricing on the Site. We may elect to notify you regarding pricing changes to those services; however, it is your sole responsibility to monitor the Site and be aware of the most updated pricing. Any continued use of the Site after the effective date of any pricing changes will be deemed acceptance to such changes.
User Code of Conduct
You agree to comply with the below restrictions and obligations with respect to your use of the Site.
- You must only use the Site for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Any other use is strictly prohibited.
- You must comply with all applicable laws in all of your activities related to your use of the Site, for all communications you send through the Site, for all transactions you initiate or authorize us to initiate on your behalf, and in any other way applicable to your access, use, or interaction with the Site and BankShift. Without in any way limiting your obligations pursuant to the previous sentence, you may not use the Site to engage in money laundering, violation of any sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Asset Control (OFAC) or any other agency, identity theft, intellectual property infringement, pyramid schemes, sale of counterfeit goods or materials, gambling, sale of narcotics and controlled substances, or any other illegal action.
- You must maintain the security and confidentiality of your User Account and any and all devices through which you access your User Account.
- The Site, as well as any and all content on the Site (including, but not limited to, any text, graphics, images, logos, buttons, photographs, editorial content, notices, software (including html-based computer programs) and other materials) (“BankShift Content”) are protected as applicable by copyright, trademark, patent, trade secret and other intellectual property laws. BankShift reserves all rights and remedies under applicable law. Except as expressly provided by these Terms of Service, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit BankShift Content in any form or by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Site or copy any BankShift Content, except as expressly authorized by us; (b) rent, lease, copy, provide access to, or sublicense any portion of the Site or BankShift Content to a third party; (c) use any portion of the Site or Content to provide, or incorporate any portion of the Site or BankShift Content into, any product or service provided to a third party; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Site or BankShift Content; (e) modify the Site or BankShift Content or create any derivative product from any of the foregoing; or (f) remove or obscure any proprietary or other notices contained in the Site or BankShift Content.
- You agree not to (and not to allow any third party to): (a) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Site or our infrastructure; (b) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Site; (c) use the Site in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (d) attempt, in any manner, to obtain the username, password, User Account, or other security information from any other user of the Site; (e) violate the security of any computer network or crack any passwords or security encryption codes; or (f) post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements.
We may, but are not obligated to, monitor your use of the Site in order to ensure compliance with these Terms. In the event that we determine, in our sole discretion, that you have violated this User Code of Conduct, we may, in addition to any other rights we may have, to immediately and without notice to you terminate your User Account and your use of the Site and any other services offered by us.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ASSOCIATED SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SITE OR PROVIDED THROUGH THE SITE (WHETHER SPONSORED OR NOT) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. BANKSHIFT, ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF ANY ASSOCIATED SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER BANKSHIFT NOR ITS THIRD PARTY SERVICE PROVIDERS, LICENSORS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITE OR OF THE SERVICES PROVIDED THEREON (WHETHER SPONSORED OR NOT), AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, BANKSHIFT AND OUR THIRD-PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY THAT (A) THE SITE AND THE ASSOCIATED SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ASSOCIATED SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (E) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED BY YOU FROM US OR OUR THIRD-PARTY SERVICE PROVIDERS THROUGH OR FROM THE SITE AND ASSOCIATED SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS PROVISION MAY NOT APPLY TO YOU.
Indemnification of BankShift by You
You will indemnify, defend, and hold harmless BankShift and its officers, directors, employees, subcontractors, agents, successors and assigns from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or relating to your User Account (whether or not authorized by you), any breach of these Terms of Service by you or any act or omission by you with respect to the Site, including but not limited to: your use of and access to the Site, including any data or work transmitted or received by you, whether incorrect, incomplete, misleading or otherwise; your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; your violation of any law, rule or regulation of the United States or any other country; or any other party’s access and use of the Site with your unique username, password or other appropriate security code.
Limitation of Liability
To the fullest extent permitted by law, BANKSHIFT SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFIT, REVENUE, OPPORTUNITY, OR BUSINESS, ARISING IN WHOLE OR IN PART FORM YOUR ACCESS (OR LACK THEREOF) TO THE SITE, YOUR USE OF THE SERVICES ASSOCIATED WITH THE SITE, OR THIS AGREEMENT, EVEN IF BANKSHIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BANKSHIFT’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $1,000.00 (ONE THOUSAND U.S. DOLLARS).
These Terms of Service will be governed by the laws of the State of Nevada (without respect to conflicts of laws principles of any jurisdiction).
Arbitration and Class Action/Jury Trial Waiver
Please read this “Arbitration and Class Action/Jury Trial Waiver” section carefully. It is an integral part of these Terms of Service and affects your rights with respect to dispute resolution and the remedies you may have. It also contains a class action waiver.
For any dispute you may have with BankShift, you agree to first contact us at email@example.com and to work with us in good faith to resolve the dispute informally. In the event we are not able to resolve your dispute within sixty (60) days after you brought it to our attention, you and BankShift mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with this Agreement or your access or use of the Site (collectively, “Claims”) by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of the Arbitration Section in these Terms of Service, including but not limited to any claim that all or any part of this Arbitration Section is void or voidable. The judgment of the arbitrator and the award of the arbitrator is final and binding on you and BankShift.
The arbitration will be conducted in Clarke County, Nevada, unless you and BankShift agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.
All Claims must be brought in YOUR individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and BankShift are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
Nothing in this Arbitration Section will be deemed as preventing you or BankShift from seeking equitable relief from the courts as necessary and applicable, nor for adjudicating a Claim in small claims court if that Claim qualifies so long as the Claim remains in such court and advanced only on an individual basis, not a class or representative basis.
You may not assign, transfer, or delegate these Terms of Service or your rights or obligations hereunder (including your User Account) in any way (by operation of law or otherwise).
These Terms of Service will constitute the entire agreement between you and BankShift concerning the subject matter described herein. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect, except that in the event of unenforceability of the waiver of class action and/or jury trial, the entire arbitration agreement shall be unenforceable.
Please contact us at firstname.lastname@example.org if you have any questions regarding these Terms of Service.
Last Updated September 2020.