Terms of Service

These Terms of Service ("Terms") form a binding legal agreement between you and PayServices Bank, an Idaho banking corporation with its principal place of business at 950 W Bannock Street, Suite 1100, Boise, Idaho 83702-6140, USA ("PayServices," "Bank," "we," "us," or "our"). They govern your access to and use of the ITAM mobile and web applications, the PayServices Network, and any related services (together, the "Services").

By creating an ITAM account, downloading the ITAM application, or otherwise using the Services, you agree to these Terms and to the additional disclosures and policies that are incorporated by reference, including the Privacy Notice, the Fee Schedule, the Funds Availability Policy, the Truth in Savings Disclosure, the Electronic Fund Transfer Disclosure, the Wire Transfer Agreement, the ACH Authorization, and the Electronic Record and Signature Disclosure.

If you are using the Services on behalf of a business, organization, government, public-sector body, or other entity ("you"), you represent that you have authority to bind that entity to these Terms.

In these Terms:

• "You," "your," "account owner" refer to the customer named on the account.
• "We," "us," "our," "Bank" refer to PayServices Bank.
• "Personal" means an individual acting in a personal, family, or household capacity.
• "Business" includes any commercial entity, sole proprietorship, partnership, corporation, limited liability company, government, public-sector body, state-owned enterprise, or other organization acting in a commercial or institutional capacity. Governments and public bodies are treated as Businesses for fee, settlement, and disclosure purposes.
• "Item" means an instrument, promise, or order to pay money handled by a financial institution for collection or payment, as defined under Article 4 of the Uniform Commercial Code.
• "Debit" means funds taken out of your account, including transfers, payments, ACH debits, and authorized withdrawals.
• "Credit" means funds deposited into your account, including transfers received, ACH credits, and direct deposits.
• "PayServices Network" means the technology, settlement, and correspondent-banking infrastructure operated by PayServices Bank that powers ITAM and other connected products.
• "ITAM" means the consumer and business application that allows you to access the Services on the PayServices Network.
• "Digital Passport" means the standardized identity, KYC, KYB, and compliance credential that you maintain through ITAM and that may be presented, with your consent, to other participants on the Network.
• "Card" means any physical or virtual card issued in connection with your ITAM account that bears the ITAM or PayServices Network mark. A Card is used solely as an authentication and identification credential to authorize an electronic credit transfer on the PayServices Network; it does not function as an interchange-bearing payment card.

To open and maintain an ITAM account, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction, if higher);
• Have the legal capacity to enter into a binding contract;
• Provide accurate, current, and complete identity information and a valid taxpayer identification number (TIN) or equivalent;
• Be subject to compliance screening at onboarding and on an ongoing basis. PayServices Bank operates a sanctions, anti-money-laundering ("AML"), and counter-terrorist-financing ("CFT") compliance program calibrated to the granular requirements of each applicable regime, including U.S. sanctions administered by the U.S. Treasury Office of Foreign Assets Control ("OFAC"), United Nations sanctions, and the sanctions and AML/CFT regimes of jurisdictions in which we, our partners, or our customers operate.

Sanctions and restricted persons. Inclusion on a sanctions list, or location in a sanctioned jurisdiction, does not in itself prohibit use of ITAM. The PayServices Network operates at a transaction-level granularity: each transaction is evaluated on the full set of facts it presents — who is sending, who is receiving, what is being paid for, where the funds are originating and going, how the funds are routed, and when settlement is to occur. Based on this evaluation, we determine, consistent with applicable law and the specific sanctions regime that applies, whether the transaction may proceed, must be screened further, must be blocked or rejected, or must be reported to a competent authority. Some users or transactions may have certain features limited, paused, or prohibited based on the specific sanctions or regulatory restrictions that apply to them, while other features remain available. Where a sanctions program legally requires us to block, reject, or freeze property or a transaction, we will do so.

We may refuse to open an account, restrict or limit specific features, or close an existing account at any time in our discretion and consistent with applicable law.

Customer Identification Program. To help the U.S. government fight the funding of terrorism and money-laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When you open an ITAM account, we will ask for your name, address, date of birth, and other information that allows us to identify you. We may also ask to see your government-issued identification or other identifying documents.

To use the Services, you must register for an ITAM account and complete identity verification ("KYC") and, where applicable, business verification ("KYB"). The information you provide during this process — together with verifications performed by us and our partners — forms your ITAM Digital Passport.

You agree to:

• Provide accurate and complete information and update it promptly when it changes;
• Keep your login credentials, PIN, biometric data, and Card (if any) confidential;
• Notify us immediately of any unauthorized access to or use of your account;
• Be responsible for all activity that occurs under your account, subject to your rights under the Electronic Fund Transfer Disclosure.

Your Digital Passport may be shared, with your consent, with banks, merchants, and other counterparties on the PayServices Network to facilitate transactions and meet regulatory obligations. You may review and revoke consents from within the ITAM application.

Device binding. For your security, the PayServices Network binds your account to the specific devices you use to access it. When you first sign in to the ITAM application or to the PayServices secure web browser from a device, that device is registered to your account using a unique identifier derived from the device's hardware and operating system. Subsequent access from a registered device is permitted under your normal authentication factors; access attempts from an unregistered device, or from a device on which the registered identifier appears to have been replicated or modified, are restricted and may be subject to additional verification. You may register additional devices, or revoke a previously-registered device, from within the ITAM application at any time. We capture sufficient device information to detect attempts to defeat this control, and we log all access events and registration changes; this information is used solely for security, fraud-prevention, and compliance purposes and is treated in accordance with our Privacy Notice.

Beneficial ownership. If you open an account on behalf of a legal entity, you must provide and certify beneficial-ownership information as described in our Beneficial Ownership disclosure, in compliance with the FinCEN Customer Due Diligence ("CDD") Rule.

If you use ITAM in personal mode, you may use the Services for ordinary, lawful, personal financial activities, including sending and receiving money, paying bills, scanning to pay merchants, holding funds in your wallet, and receiving remittances from abroad.

Personal accounts are intended for personal, family, or household use and are subject to the federal consumer-protection laws and regulations described in the Electronic Fund Transfer Disclosure. They may not be used for the conduct of a trade or business.

If you use ITAM in business mode, you do so on behalf of a registered legal entity, sole proprietorship, government, public-sector body, or other organization. You represent and warrant that:

• The entity is duly organized and in good standing under the laws of its jurisdiction;
• You are authorized to bind the entity to these Terms;
• The entity is not engaged in any prohibited business activity (see Section 14);
• You will collect, maintain, and provide upon request KYB documentation for the entity, its beneficial owners, and its key personnel.

Business accounts may be used to accept payments from customers, pay suppliers and employees, issue invoices, hold balances in supported currencies, and access cross-border payment services through ITAM Financial Hubs.

Authorized signers. You may designate authorized signers to transact on behalf of your account. You authorize us to act on the instructions of any designated authorized signer until we receive written notice that the authority has been terminated and we have a reasonable time to act on that notice.

Customs, tariffs, and trade-related transactions. Where the PayServices Network is used to invoice, collect, or settle a transaction that involves the cross-border movement of goods, the platform supports the assessment and collection of customs duties, tariffs, and similar trade-related charges in conjunction with the customs administration of the relevant jurisdiction. To enable this, invoices generated through ITAM may carry tariff classification codes (including codes aligned with the Harmonized Commodity Description and Coding System administered by the World Customs Organization), and transaction data — including the parties' identities, the description and value of the goods, the routing of the goods, and the tariff codes applied — may be transmitted to the customs authority of the relevant jurisdiction where that authority is a participant in or counterparty to the PayServices Network. By initiating, accepting, or settling a transaction of this type, you authorize us to share that data with the relevant customs authority for the purposes of assessment, collection, audit, and enforcement of duties, tariffs, and related charges, and you represent that the tariff codes and other trade-related information you supply are accurate to the best of your knowledge. We will indicate in-app, before you confirm a transaction, where customs-data sharing applies.

Default settlement. Payments on the PayServices Network are settled in real time at the time the transaction is created. Funds become available to the recipient immediately upon successful settlement.

Exceptions. Real-time settlement does not apply where:

• The transaction requires regulatory screening, sanctions verification, or compliance review;
• The transaction is scheduled, batched, or recurring (in which case it settles at the scheduled time);
• The corridor, beneficiary bank, or counterparty does not support real-time settlement, in which case the expected settlement time is disclosed in-app at the time the transaction is created;
• Settlement is delayed by force majeure, system unavailability, or lawful intervention by a regulatory authority.

Cross-border payments are also subject to the additional disclosures in the Wire Transfer Agreement and the Funds Availability Policy.

What this section covers. The PayServices Network supports barter — transactions in which a Member exchanges an asset (whether a quantity of money, a commodity, an inventory item, a service, a digital asset, a receivable, or any other thing of value capable of description and lawful transfer) for another asset, rather than for a payment of money. Barter transactions are a recognized type of transaction on the Network and are settled in real time on the same rails as monetary payments, subject to the rules of this section.

Two-sided settlement. A barter transaction is created when both Members involved have agreed, in-app, on (a) the asset each will deliver, (b) the description, quantity, and condition of each asset, (c) the time and method of delivery for any asset that is not delivered through the Network itself (for example, a physical good shipped offline), and (d) the value attributed to each side of the exchange for tax, accounting, and reporting purposes. Settlement occurs when each side has performed, or when the Network has received from each side the asset or the verifiable evidence of delivery that the parties have specified.

Asset descriptions and condition. Each Member is responsible for accurately describing the asset it offers, including quantity, condition, provenance, and any encumbrance. The Bank does not inspect, value, certify, appraise, or warrant the assets exchanged in a barter transaction. The Bank's role is limited to recording the transaction, facilitating settlement on the Network, and producing the documentation described below. Disputes over asset description, quality, or condition are between the Members involved.

Valuation, tax, and reporting. Each side of a barter transaction has independent tax, accounting, and regulatory consequences in the jurisdiction of each Member. You are responsible for the proper reporting and tax treatment of the value you receive and the value you transfer in a barter transaction, including any income, gain, loss, value-added tax, sales tax, customs duty, or withholding obligation that may apply. Where required by U.S. federal law, the Bank may issue an information return (such as IRS Form 1099-B for barter exchange transactions) and will provide you with the corresponding statement.

Compliance screening. Barter transactions are subject to the same sanctions, AML/CFT, anti-corruption, and other compliance screening as monetary transactions on the Network. A barter transaction will be blocked, rejected, held, or reported on the same basis as a monetary transaction, including where the asset offered or received, the counterparty, the corridor, or the underlying purpose triggers a screening rule. Barter does not create an exception to any compliance requirement applicable to a monetary transaction of equivalent value.

Prohibited barter assets. The following may not be the subject of a barter transaction on the Network, in addition to anything otherwise prohibited under Section 14 (Prohibited use): (i) assets that the offering Member does not lawfully own or is not lawfully entitled to transfer; (ii) assets the transfer of which would violate sanctions, export-control, anti-money-laundering, anti-corruption, customs, or similar law applicable to either Member; (iii) firearms, ammunition, explosives, controlled substances, hazardous materials, human remains, human or animal trafficking, child sexual abuse material, and any other asset whose transfer is prohibited or restricted under the law of the jurisdiction of either Member or of any intermediary jurisdiction through which the asset must pass; (iv) any asset for which transfer requires a license, permit, or registration that the offering Member does not hold; and (v) any asset that the Bank, in its reasonable discretion, determines presents an unacceptable legal, regulatory, or reputational risk.

Real-time settlement, exceptions, and dispute handling. The real-time settlement rule and the exceptions to it set out in Section 7 apply to barter transactions, and so do the dispute and chargeback rules applicable to monetary transactions. Where one side of a barter transaction performs and the other side fails or refuses to perform, the Bank may, in addition to any remedy available at law, reverse the performed side, hold the disputed value pending resolution, or take any other action available to it under these Terms.

The PayServices Network is an interconnected network of regulated financial institutions. Some accounts that you hold or interact with through the ITAM application may be maintained at PayServices Bank, and others may be maintained at other banks or licensed financial institutions that participate in the PayServices Network.

Account-level governance. Each account is governed by the deposit agreement, terms and conditions, fee schedule, privacy notice, and other disclosures of the financial institution at which that account is maintained — not by these Terms. PayServices Bank is responsible for accounts held with PayServices Bank and for the operation of the PayServices Network. Each participating bank is responsible for the accounts it holds, the funds it custodies, the deposit insurance arrangements (if any) that apply to those funds, the rates it pays, the fees it charges, the holds and limits it imposes, and its compliance with the laws of the jurisdiction in which it is chartered.

What ITAM provides. The ITAM application provides you with a unified user experience across the institutions you choose to access through the Network — including identity, authentication, transaction initiation, and visibility into your accounts. ITAM, the PayServices Network, and PayServices Bank are not the account-holding institution for accounts maintained at other participating banks, and are not a guarantor, surety, or insurer of those banks or the funds they hold.

Where to find the applicable terms. The terms and disclosures of any other participating bank with which you hold an account are made available to you, in-app or by hyperlink, at the time you open or are connected to that account, and are incorporated by reference into your relationship with that bank. If a conflict exists between these Terms and the terms of another participating bank with respect to an account at that bank, the terms of that bank govern that account.

Cards as identification credentials. Any physical or virtual Card issued in connection with your ITAM account that bears the ITAM or PayServices Network mark is an identification credential only. The Card is used to authenticate you and to authorize an electronic credit transfer on the PayServices Network. It does not function as an interchange-bearing payment card and is not subject to interchange-based card-network economics.

Transactions initiated using your Card are processed as electronic credit transfers and are governed by these Terms, the Electronic Fund Transfer Disclosure (for personal accounts), and the Wire Transfer Agreement (for wire-rail transactions).

Loss, theft, or unauthorized use of a Card must be reported immediately as described in Section 4 and the EFT Disclosure.

POS terminals. Where you accept payments from customers through a point-of-sale terminal, card reader, mobile-tap accessory, QR-code scanner, or other physical or software acceptance device that connects to the PayServices Network (each, a "POS Terminal"), the POS Terminal is an extension of your ITAM business account and is governed by these Terms together with any service-specific terms presented to you when you provision the device. Each POS Terminal is registered to your account and is identified to the Network by a device credential that we issue.

Title and care of physical hardware. Physical Cards, POS Terminals, mobile readers, security keys, and any other physical hardware we make available in connection with the Services (collectively, "Hardware") may be issued to you on a sale, lease, or loan basis as described at the time of issuance. Where Hardware is issued on a lease or loan basis, title remains with the Bank or its supplier and you must return the Hardware in working order, ordinary wear and tear excepted, on closure of the related account or on our request. You are responsible for the safe custody, configuration, and use of any Hardware in your possession, and for any transaction initiated from Hardware registered to your account until you have reported it lost, stolen, or compromised in accordance with the procedures in the ITAM application.

Software, firmware, and updates. Hardware operates under software and firmware that we, our suppliers, or our partners license to you. You may not modify, reverse-engineer, sideload non-approved software onto, or attempt to extract cryptographic material from any Hardware. We may push security and functionality updates to Hardware automatically, and you authorize us to do so. We may disable or recall any Hardware that we determine has been tampered with, modified, used in violation of these Terms, or that presents a security, fraud, or compliance risk.

Acceptance and disputes at POS. A transaction accepted at a POS Terminal settles on the Network in accordance with Section 7 (Real-time settlement). Refunds, voids, partial reversals, and disputes follow the rules made available in-app at the time the transaction is created and, for consumer transactions, the rules in the EFT Disclosure. The merchant is responsible for compliance with the consumer-protection, receipts, surcharging, and tax-collection rules of its jurisdiction; the Bank's role at the POS is limited to recording the transaction and facilitating settlement on the Network.

Fees, fees on Hardware, and the standard Fee Schedule. Transaction fees applicable to POS-accepted payments follow Section 11 (Fees and currency conversion) and the standard Fee Schedule. Where Hardware is subject to a purchase price, lease fee, replacement fee, or expedited-delivery fee, that fee is disclosed at the time of order and set out in the Fee Schedule.

Health, safety, and electromagnetic compliance. Hardware supplied by us or our suppliers is intended to comply with the safety, electromagnetic-compatibility, and radio-equipment requirements of the jurisdictions in which we make it available. You may not use Hardware in any environment for which it is not certified, and you may not import or operate Hardware in any jurisdiction in which it is not authorized for use.

Standard Fee Schedule. Unless otherwise agreed in writing, fees on the PayServices Network are:

Transaction type	Fee
Personal-to-Personal (P2P)	Free
Business-to-Personal (B2P)	Free
Personal-to-Business (P2B)	1% of transaction amount
Business-to-Business (B2B)	1% of transaction amount

For the purpose of this Schedule, "Business" includes any commercial entity, sole proprietorship, partnership, corporation, government, public-sector body, or state-owned enterprise acting in its commercial or institutional capacity. "Personal" means an individual acting in a personal, family, or household capacity.

Fees are deducted from the transaction at the time of settlement. Foreign-exchange spreads, partner-bank pass-through fees, regulatory levies, and other charges, where applicable, are disclosed in-app before transaction confirmation.

Currency conversion — sources of FX rates. Where a transaction involves a conversion between currencies, the foreign-exchange rate applied to the transaction may be sourced from (a) a correspondent or partner bank that participates in the corridor, or (b) the central bank or equivalent monetary authority of the jurisdiction associated with the account or transaction, in each case at or near the time the transaction is created. Both sources are routinely used on the PayServices Network depending on the corridor, the parties, the regulatory regime, and the operational availability of each source at the time of the transaction. The source of the FX rate that applies to your specific transaction, and the rate itself, are disclosed in-app before you confirm the transaction. Where a partner-bank rate is used, any spread retained by the partner bank is included in the rate disclosed; where a central-bank rate is used, any spread retained by us or by an intermediary is similarly included in the rate disclosed.

The complete list of additional service fees (account research, paper statements, dormant accounts, expedited card delivery, and similar items) is set out in the standalone Fee Schedule, which is incorporated by reference into these Terms.

We may change our fees from time to time. Material changes will be disclosed in-app and, where required by law, with prior notice to you.

The ITAM Digital Passport standardizes KYC and compliance data across every participant in the PayServices Network — lowering the barriers that have kept individuals and businesses of every size out of the global economy.

Verify once. Complete KYC a single time with ITAM. Your verified identity becomes portable across the entire PayServices Network.

Share on demand. Every bank, merchant, or counterparty on the Network accepts the same standardized credential. No redundant forms, no duplicate uploads.

You stay in control. You decide who sees what, and when. Consent is explicit, revocable, and logged. Your data is yours — we just make it useful.

What this section covers. The ITAM application includes Magic Messaging and related counterparty-communication features that let you exchange text messages, voice calls, video calls, files, and structured banking artifacts (such as quotes, invoices, contracts, payment requests, and barter offers) with other Members of the PayServices Network. These features are provided by the Bank as an integrated part of the Services. Their primary purpose is to support transactions on the Network, including the negotiation, execution, and post-transaction servicing of payments and barter transactions.

Member-to-Member only. Messaging, voice, and video on ITAM are available between verified Members of the PayServices Network. Both sides of any communication are identified by their Digital Passport credential. ITAM does not provide an interconnection to third-party messaging or telephony networks (such as the public switched telephone network, SMS, or third-party messaging apps), and is not a substitute for emergency services. The features may not be used to place emergency calls.

Bank visibility into content — default rule. By default, communications conducted through ITAM (text, voice, video, files, and structured artifacts) are visible to the Bank. The Bank may access, monitor, store, and review the content and metadata of these communications for the purposes of (i) operating the Network, (ii) complying with applicable law (including AML/CFT, sanctions, anti-fraud, and anti-corruption obligations and the production of records to competent authorities), (iii) detecting and preventing fraud, abuse, or violations of these Terms, (iv) producing the books and records the Bank is required to maintain as a regulated financial institution, and (v) responding to disputes between Members. This visibility applies to the Bank in its capacity as the operator of the Network and not as a party to your communications.

Confidential modes. The application offers two optional modes of operation under which the Bank's relationship to the Content of a Communication differs from the default. Confidential Mode (server-side): where you and your counterparty both elect Confidential Mode at the time a particular message, call, or session is placed, the Bank's routine access to the Content of that specific Communication is reduced or suppressed in the manner described in-app at the time of the election. The Bank remains technically capable of accessing Content; the commitment is one of policy. E2E Confidential Mode (end-to-end encrypted): where E2E Confidential Mode is elected and is in effect, the Communication is end-to-end encrypted between the parties' devices, the Bank does not hold the decryption key, and the Bank cannot read the Content. Before any Communication is placed, the application discloses to both parties which mode applies. Even where E2E Confidential Mode is in effect, (a) the Metadata of the Communication — the identity of the parties, the time, the duration, the size, and the fact that the Communication occurred — remains accessible to the Bank, (b) the Bank retains the encrypted payload (ciphertext) for the periods set out in the Messaging Policy, but cannot decrypt it, (c) the Bank can produce only what it in fact holds in response to legal process, and (d) the Bank may, prospectively, disable E2E Confidential Mode for an account, suspend or terminate the account, refuse to deliver further Communications, and act on the basis of Metadata or Member-reported abuse, but cannot retroactively decrypt past Communications. Where Confidential Mode (server-side) is in effect, the Bank may in addition suspend, override, or disregard the election where required by law, by an order of a court or regulator, or where necessary to prevent imminent harm or unlawful activity. The full operating rules for both modes are set out in the Messaging, Voice, and Video Policy.

Counterparties and other participating institutions. Where you communicate with a Member whose account is held at another bank or financial institution that participates in the PayServices Network, the bank or institution holding that Member's account may also have access to the communication on the same or similar terms. The privacy and recordkeeping rules of that institution apply to its handling of the communication; those rules are made available to you, in-app or by hyperlink, at the time you initiate the communication.

Recording and retention. Voice and video calls placed through ITAM may be recorded by the Bank in the same circumstances and for the same purposes as set out above. Where recording occurs, both parties to a call are notified in-app before the call is connected. Records of communications are retained for the periods required by applicable law and the Bank's recordkeeping policy and are produced to competent authorities on lawful request.

Acceptable use. The communications features may not be used for any purpose prohibited under Section 14 (Prohibited use), and in particular may not be used to (i) send unsolicited commercial communications in violation of applicable anti-spam law, (ii) harass, threaten, defame, or stalk any person, (iii) transmit malware, phishing content, or content that infringes the rights of any third party, (iv) circumvent or attempt to circumvent the Bank's compliance, fraud-prevention, or recordkeeping controls, or (v) impersonate any person or misrepresent your affiliation with any person or entity. Communications that violate this paragraph may be blocked, removed, or reported to authorities, and your access to the features may be suspended or revoked.

Consumer-protection notice. Where applicable law (including U.S. state two-party-consent recording laws, the EU ePrivacy regime, and similar regimes elsewhere) requires that the parties to a communication be notified of recording or monitoring, the in-app notice presented before the communication is initiated constitutes that notice for purposes of these Terms. By proceeding past that notice, you consent to recording and monitoring on the terms described in this section and the in-app notice.

Standalone Messaging Policy. The full operating rules, retention schedules, lawful-access procedures, and acceptable-use enforcement standards for these features are set out in the Messaging, Voice, and Video Policy, which is incorporated by reference into these Terms.

You agree not to use the Services for, or in connection with:

• Any unlawful activity, including money laundering, terrorist financing, fraud, tax evasion, or sanctions evasion;
• Any transaction that, on its specific facts, is prohibited under applicable sanctions, AML/CFT, anti-corruption, or other laws to which we, our banking partners, or you are subject. The compliance status of each transaction is evaluated on a transaction-by-transaction basis (see Sanctions and restricted persons in Section 3); transactions that are determined to be prohibited will be blocked, rejected, or reported to competent authorities as required by applicable law.
• Unlawful Internet gambling, as restricted under the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG;
• Any business or activity prohibited by us, by our banking partners, or by applicable law;
• Any attempt to interfere with, disrupt, reverse-engineer, or exploit the Services or the underlying PayServices Network;
• Any use that infringes the intellectual-property or other rights of any third party.

We may, without prior notice, decline, hold, reverse, or report any transaction that we believe in good faith violates these Terms or applicable law.

Information sharing under Section 314(b) of the USA PATRIOT Act. We participate in the voluntary information-sharing program established under section 314(b) of the USA PATRIOT Act (31 U.S.C. § 5311 note and 31 CFR § 1010.540), which permits financial institutions, upon providing notice to the U.S. Treasury Financial Crimes Enforcement Network ("FinCEN"), to share information with one another regarding individuals, entities, organizations, and countries for purposes of identifying and, where appropriate, reporting activities that may involve money laundering, terrorist financing, or specified unlawful activities. Where you use the Services, you acknowledge that information about you and your transactions may be shared with other participating financial institutions for these purposes, subject to the safe-harbor and confidentiality requirements of section 314(b) and its implementing regulations. We maintain procedures to protect the security and confidentiality of any information shared under this program and to use it solely for the purposes permitted by section 314(b).

We will provide you with a periodic statement showing your account activity, electronically through the ITAM application or by another means we make available. You are responsible for reviewing each statement and notifying us promptly of any discrepancy, including alterations or unauthorized transactions.

30-day notification rule. Reasonable promptness will not exist if you fail to notify us within 30 days after we make a statement available to you. If you fail to notify us with reasonable promptness, your right to assert such discrepancies will be barred or limited to the extent permitted by law.

For consumer electronic fund transfers, the additional 60-day notification rule and error-resolution procedures in the Electronic Fund Transfer Disclosure apply.

If you ever owe us money as a borrower, guarantor, or otherwise, and that obligation becomes due, we have the right under applicable law (called "set-off") and under these Terms — by which you grant us a security interest in your account funds and any other accounts held by you with us — to use your account funds to pay the debt, where permitted by law. The security interest granted by these Terms is consensual and is in addition to our right of set-off.

This right does not apply to accounts whose set-off is prohibited by law, including, where applicable, certain trust, retirement, or government-benefit accounts.

In response to any garnishment, attachment, restraining order, injunction, levy, citation to discover assets, judgment, reclamation, subpoena, or other order of court or other legal process ("Claim"), we have the right to place a hold on, remove from your account, and remit to the designated third party any amount on deposit in your account as set forth in the Claim. We may charge against your account any fee permitted by law in connection with the Claim, as set forth in the Fee Schedule.

Suspension and termination. We may suspend, restrict, or terminate your access to the Services, with or without notice, if:

• You breach these Terms;
• We are required to do so by law or regulatory authority;
• We reasonably suspect fraudulent, unauthorized, or unlawful activity;
• Continuing to provide the Services to you would expose us or our partners to legal, regulatory, or reputational risk.

Closing your account. You may close your account at any time by following the instructions in the ITAM application. Closure does not relieve you of obligations incurred before closure, including pending transactions or fees.

Dormant or inactive accounts. If your account is dormant or inactive, we may charge fees as specified in the Fee Schedule and cease any interest payments to the extent permitted by law. You agree that we are relieved of all responsibility if your account balance is escheated (turned over to the state) in accordance with applicable unclaimed-property law.

Death or incompetency. Neither the death nor the legal adjudication of incompetence of any individual authorized to act on your behalf revokes our authority to accept, pay, or collect items presented or in process until we know of the fact of death or adjudication of incompetence and have a reasonable time to act on it.

Suspicious Activity Reports and other regulatory filings. We are required by federal law to report suspicious or unusual activity to the U.S. Treasury Financial Crimes Enforcement Network ("FinCEN") and to other competent authorities. Where we file a Suspicious Activity Report ("SAR"), a Currency Transaction Report, an OFAC blocking or rejection report, or any similar regulatory filing concerning your account or your transactions, federal law (including 31 U.S.C. § 5318(g)(2) and 12 CFR § 353.3(g)) prohibits us from notifying you, or any person involved in the transaction, of the existence or contents of that filing. Accordingly, where we restrict, freeze, or close an account, decline or reverse a transaction, or take any other action in connection with such a filing, we may be legally unable to provide you with the underlying reason. The fact that we have not provided a reason, or have provided only a general reason, is not an admission that the action was in error or without basis. You agree that we will have no liability to you for the consequences of any action taken in good faith and in compliance with this paragraph.

National Security Letters, grand-jury process, and similar nondisclosure orders. We may from time to time receive a National Security Letter under 12 U.S.C. § 3414(a)(5), 18 U.S.C. § 2709, or similar authority, a grand-jury subpoena, a court order issued under 18 U.S.C. § 2705, or other legal process that, by its terms or by operation of law, prohibits us from disclosing to you the existence, receipt, or contents of that process. Where we are subject to such a nondisclosure obligation, we may be legally unable to inform you that we have received the process, that we are responding to it, or that we have produced information about your account in response to it. As with regulatory filings described in the preceding paragraph, where we restrict, freeze, or close an account, decline or reverse a transaction, or take any other action in connection with a nondisclosure-bound legal process, we may be legally unable to provide you with the underlying reason, and the absence of a reason is not an admission of error or absence of basis. We comply with these obligations strictly and do not treat any provision of these Terms as overriding them.

Other legal process. Section 17 (Legal process and claims against your account) governs garnishments, attachments, levies, restraining orders, citations to discover assets, judgments, reclamations, and other forms of legal process that are not subject to a nondisclosure obligation. Where a nondisclosure obligation applies, the rule in this Section 18 governs and Section 17 yields to it.

If we do not properly complete a transaction according to these Terms, we will be liable for your direct losses or damages not to exceed the amount of the transaction, except as otherwise provided by law. We will not be liable if, for example: (1) your account contains an insufficient available balance for the transaction; (2) circumstances beyond our control prevent the transaction; (3) your loss is caused by your or another financial institution's negligence; or (4) your account funds are subject to legal process or other claim.

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenues, data, or goodwill, arising out of or in connection with your use of the Services.

For consumer electronic fund transfers, the additional liability rules in the Electronic Fund Transfer Disclosure apply.

Except as expressly provided in these Terms or required by applicable law, the Services are provided "as is" and "as available." To the maximum extent permitted by law, PayServices Bank disclaims all warranties of any kind, whether express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted availability, or freedom from error.

You agree to indemnify, defend, and hold harmless PayServices Bank, its affiliates, and their respective officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, (c) your violation of any law or regulation, or (d) your infringement of any third-party right.

The Services — including the ITAM and PayServices brand names, logos, software, content, and design — are owned by PayServices Bank or its licensors and are protected by copyright, trademark, and other intellectual-property laws.

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to download and use the ITAM application and access the Services for their intended purposes. All other rights are reserved.

You agree that we may call or send text messages to you at the telephone numbers you provide to us, including any cell phone number, which may result in charges to you, for informational purposes regarding your account(s) with us. These calls and text messages may be made from an automatic telephone dialing system or from an artificial or prerecorded voice message system. Additionally, you agree that we may send electronic communications to you at the email addresses you provide to us.

You may contact us at any time if you no longer want to receive marketing communications from us. We will continue to send you essential service-related communications as required by law and necessary to operate your account.

You also agree that we may monitor and record telephone and electronic communications that affect your account(s) with us to the extent permitted by law. We need not provide further notice to you or receive additional approval for such recording.

By using the Services, you consent to receive disclosures, notices, statements, and other communications from us in electronic form, and to use electronic signatures to enter into agreements with us, in accordance with the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act") and similar state laws. Your full E-SIGN Act consent and the procedures for receiving paper copies, withdrawing consent, and updating contact information are set out in the Electronic Record and Signature Disclosure.

Our collection, use, and sharing of your personal information is described in our Privacy Notice, which is incorporated into these Terms by reference. The Privacy Notice is provided in the format required by the Gramm-Leach-Bliley Act and Regulation P.

Please read this section carefully. It affects your legal rights, including the right to bring a lawsuit in court or to participate in a class action.

26.1 Governing law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Idaho, USA, and applicable U.S. federal law, without regard to conflict-of-laws rules.

26.2 Informal resolution

Before filing any formal proceeding, you agree to first contact us at info@payservices.com and attempt to resolve the dispute informally for at least sixty (60) days.

26.3 Binding arbitration

If the dispute is not resolved informally, you and PayServices Bank agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you are using the Services in business mode).

The arbitration shall take place in Boise, Idaho, or another location mutually agreed by the parties. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

26.4 Class-action waiver

You and PayServices Bank agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate the claims of multiple persons and may not preside over any form of representative or class proceeding.

26.5 Exceptions

Notwithstanding the above, either party may (a) bring an individual action in small-claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

26.6 Opt-out

You may opt out of the arbitration and class-action waiver provisions of this Section 26 by sending written notice to info@payservices.com within thirty (30) days of first accepting these Terms. Opting out will not affect any other provision of these Terms.

The Services are operated from the United States and made available to users in jurisdictions where such use is lawful. By accessing the Services from outside the United States, you do so on your own initiative and are responsible for compliance with the laws of your jurisdiction.

You represent and warrant that:

• Your use of the Services is permitted under the laws of the country in which you reside and any country from which you access the Services;
• You will comply with all sanctions, AML/CFT, anti-corruption, currency-control, tax, and other laws applicable to you and to any transaction you initiate or receive through the Services. As described in Section 3, your access to specific features may be limited, paused, or prohibited where required by an applicable sanctions or regulatory regime, even if other features remain available;
• You will comply with all local laws, regulations, tax obligations, currency-control rules, and reporting requirements that apply to your use of the Services and to any funds you send, receive, or hold through them.

Mandatory local rights. Nothing in these Terms is intended to limit or override any consumer right, statutory protection, or other legal entitlement granted to you by the mandatory laws of your country of residence that cannot be waived by contract. To the extent any provision of these Terms conflicts with such a mandatory local law, that provision shall be modified or limited only to the minimum extent necessary to comply with that local law, and the remainder of these Terms shall continue in full force and effect.

Local dispute-resolution rights. If the law of your country of residence grants you a non-waivable right to bring claims before a local court, regulator, or ombudsman, nothing in Section 26 (Dispute resolution) is intended to deprive you of that right.

Local language requirements. Where the law of your jurisdiction requires that contractual terms be made available in a particular language, we will, on request to info@payservices.com, provide a translation of these Terms in that language. The English version of these Terms governs except where local law requires otherwise.

Service availability. The Services, or particular features of the Services, may not be available in every country. We may add, suspend, or withdraw availability in any jurisdiction at any time, with or without notice, including where required by law, regulation, or our banking partners.

We may update these Terms from time to time. If we make material changes, we will notify you within the ITAM application or by other reasonable means before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of those Terms.

Entire agreement. These Terms, together with the Privacy Notice and the other disclosures and policies incorporated by reference, constitute the entire agreement between you and PayServices Bank regarding the Services.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

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

Notice of changes by you. You are responsible for notifying us of any change to your name, address, telephone number, email address, or other information affecting your account. Notices to us are not effective until we have received them and have had a reasonable opportunity to act on them.

Attorneys' fees. You agree to be liable to us for any loss, costs, or expenses, including reasonable attorneys' fees, that we incur as a result of any dispute involving your account, to the extent permitted by law and subject to the dispute-resolution procedures in Section 26.

Language. These Terms are provided in English. Any translation of other portions of our website or application is provided as a convenience only; in the event of any conflict, the English version of these Terms governs.

The following policies, notices, and disclosures form part of these Terms and are incorporated by reference. They are organized below by category for ease of reference. Each is available at all times at the URL shown.

General

Policy	Description	Link
Terms of Service	The agreement between you and PayServices Bank governing your use of ITAM and the PayServices Network.	/terms
Privacy Notice	How we collect, use, share, and protect your personal and account information, including your rights under federal and state privacy laws.	/privacy
Fee Schedule	All fees that may apply to your accounts and transactions, including transfer, card, wire, and ACH fees.	/fee-schedule
Accessibility Statement	Our commitment to accessibility under ADA Title III, the European Accessibility Act, and WCAG 2.1 Level AA.	/accessibility
Complaints	How to bring a complaint to PayServices Bank.	/complaints
API & Developer Terms	Terms for accessing the PayServices Network programmatically — for end-customers using their own data and for third-party fintechs and banks integrating with the Network.	/api-terms
Messaging, Voice & Video Policy	Operating rules, retention schedules, lawful-access procedures, and acceptable-use enforcement standards for ITAM Magic Messaging and counterparty voice and video.	/messaging-policy

Banking disclosures

Policy	Description	Link
Deposit Insurance Disclosure	Information about the deposit-insurance status of accounts at PayServices Bank and the protections that apply to your funds.	/deposit-insurance
Funds Availability Policy	When deposits to your account become available for withdrawal, in compliance with Regulation CC.	/funds-availability
Truth in Savings Disclosure	Required interest-rate, fee, and balance disclosures for deposit accounts under Regulation DD.	/truth-in-savings
Electronic Fund Transfer Disclosure	Your rights and our responsibilities for electronic transfers, including liability limits for unauthorized transactions, under Regulation E.	/eft-disclosure
Wire Transfer Agreement	Terms governing domestic and international wire transfers, including UCC Article 4A and Remittance Rule disclosures.	/wire-agreement
ACH Authorization	Your authorization for ACH debits and credits, governed by NACHA Operating Rules.	/ach-authorization
Electronic Disclosures (E-SIGN)	Your consent to receive disclosures, agreements, and notices electronically under the E-SIGN Act.	/electronic-disclosure
Equal Credit Opportunity	Your rights under the Equal Credit Opportunity Act and Regulation B for any credit products offered by us or our affiliates.	/equal-credit-opportunity
Servicemembers (SCRA)	Protections for active-duty servicemembers under the Servicemembers Civil Relief Act and Military Lending Act.	/scra
Affiliates & Subsidiaries	Information about PayServices Bank's affiliates and subsidiaries, and the limits on transactions among affiliated entities under Sections 23A and 23B of the Federal Reserve Act.	/affiliates
Account Aggregation	How ITAM displays balances and activity from accounts you hold at other banks on the PayServices Network, and the limits of our role in that display.	/account-aggregation

Privacy & data

Policy	Description	Link
Cookie & Tracking Notice	What cookies and similar technologies we use, why, and how to manage them — including our position that only strictly-necessary storage is used.	/cookies
State-Specific Privacy Rights	Additional rights for residents of California, Colorado, Connecticut, Texas, Virginia, and other U.S. states with privacy statutes.	/state-privacy
Do Not Sell or Share My Information	Our position on the sale and sharing of personal information under California's CCPA/CPRA: we do not sell or share for cross-context behavioral advertising.	/do-not-sell
Children's Privacy	How we treat accounts for users under 18, and our compliance with COPPA and GDPR-K parental-consent requirements.	/childrens-privacy
Copyright Policy	How to submit a takedown request under the Digital Millennium Copyright Act and our trademark-enforcement procedures.	/copyright

Compliance & programs

Policy	Description	Link
Beneficial Ownership Disclosure	Information collected from beneficial owners and control persons of legal-entity customers under FinCEN's Customer Due Diligence Rule.	/beneficial-ownership
Customer Identification Program	Our identity-verification procedures under Section 326 of the USA PATRIOT Act, including the federally-required notice to new account-holders.	/customer-identification
Identity Theft Prevention Program	Our program for detecting, preventing, and mitigating identity theft, in compliance with the Red Flags Rule under Section 114 of the FACT Act.	/identity-theft-program

If you have questions about these Terms or the Services, please contact us at:

PayServices Bank
950 W Bannock Street, Suite 1100
Boise, Idaho 83702-6140
United States

info@payservices.com