Please carefully read the following BuoyFI User Agreement in full, as the terms of this agreement represent the relationship between you, the individual using the Services (“BuoyFI user” or “you” or “your”), and BuoyFI, LLC, its subsidiaries, and its affiliates, which are the entities providing the Services (“us” or “we” or “our” or “ours” or “BuoyFI”). This agreement will take effect and become binding the first time you register, access, use, or interact with our website, mobile application (“Application”), and/or other technology platforms for their intended use.
THIS USER AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. MORE INFORMATION CAN BE FOUND IN THE SECTION TITLED “ARBITRATION.” AS THAT SECTION WILL AFFECT YOUR LEGAL RIGHTS, IT IS IMPORTANT THAT YOU READ THAT SECTION CAREFULLY AND UNDERSTAND ITS TERMS.
We reserve the right to amend, suspend, or terminate this Agreement at any time by providing notice to you, updating the terms on the Application, or terminating access to the Application and/or Services.
BuoyFi, LLC is a technology service provider that is owned by PC Funding, LLC.
BuoyFi has working relationships with debt collectors, including but not limited to Medical, LLC, CF Medical II, LLC, ACF Medical Services Special Finance Unit, LLC, CA Medical, LLC, CF Medical CF Medical VI, LLC, and CP Medical, LLC, which may hold certain debts that you may owe, and with certain other third-party service providers (each of which is referred to in these terms as a “BuoyFi Partner”). To be clear, BuoyFi operates independently of the entities that may hold debts that you may owe.
While BuoyFi leverages its relationships with the BuoyFi Partners to provide the BuoyFi-Enabled Services, BuoyFi is not a financial advisor, and any recommendations made to you by BuoyFi regarding suggested payment amounts via the BuoyFi Calculator tool or any other product or service are strictly recommendations and not financial advice of any kind. Some of the services offered include links to banking services, but to be clear, BuoyFi is not a bank. All banking services related to the services provided by BuoyFi and the BuoyFi Partners, including holding or transmitting funds, are provided by Synapse Financial Technologies, Inc. (“Synapse”), Synapse’s banking partners, and/or your own existing banking relationships. YOU UNDERSTAND THAT BUOYFI MAY PROVIDE YOUR INFORMATION AND INSTRUCTIONS TO A BUOYFI PARTNER, TO SYNAPSE OR SYNAPSE’S BANKING PARTNERS, OR ANOTHER THIRD-PARTY SERVICE PROVIDER SOLELY ON A “PASS-THROUGH” BASIS IN ACCORDANCE WITH THESE TERMS OF SERVICE OR ANY INSTRUCTION YOU PROVIDE. IN PROVIDING YOUR INFORMATION OR INSTRUCTIONS, BUOYFI IS NOT AUTHORIZED TO INITIATE OR EXECUTE TRANSACTIONS, PAYMENTS, OR TRANSFERS, AND ONLY THE APPLICABLE BUOYFI PARTNER, SYNAPSE OR SYNAPSE’S BANKING PARTNERS, OR ANOTHER THIRD-PARTY SERVICE PROVIDER IS AUTHORIZED TO DO SO. BUOYFI DOES NOT AND WILL NOT CONTROL, TRANSMIT OR HOLD YOUR FUNDS PURSUANT TO THESE TERMS OF SERVICE.
SERVICES & DEFINITIONS
BuoyFi offers certain services to consumers via our internet website(s), mobile applications, and/or other technology platforms (the “Services”). The Services include, but are not limited to employment and income verification, suggested payment guidelines for paying down or settling outstanding balances of accounts and other debt, “round-up” services that assist consumers with rounding up change during a credit or debit card transaction in order to create an account that may be used to pay down other accounts or save those additional funds rounded up, bill-pay services, and other services that may be developed or offered from time to time.
As used in this Agreement, the following additional definitions apply:
Agreement means this User Agreement.
BuoyFi Partners means the third-party companies that agree to work with BuoyFi and its customers to negotiate payment plans for existing accounts held with the BuoyFi Partner.
BuoyFi Vendors means the third-party companies that provide support services for the BuoyFi Application and its associated functions, including, but not limited to, Plaid, Synapse, and BillGO.
Communicate/Communication means, without limitation, any communication from anyone, via any medium, regarding the Services, the Agreement, User Account(s), BuoyFi customer accounts held with BuoyFi Partners, inquiries, notifications, promotions, offerings, Protected Health Information (“PHI”), Personally Identifiable Information (“PII”), and/or debt collection.
Payee means a designated person or entity selected by the BuoyFi user to receive funds via the Services.
Permitted Uses means those permitted uses as defined below.
Prohibited Uses means those prohibited uses as defined below.
Third Parties means parties other than BuoyFi, including but not limited to the BuoyFi Partners and BuoyFi Vendors.
User Account means the BuoyFi user account created by the BuoyFi user.
We/Us/Our/Ours means BuoyFi, its affiliates, agents, and branded services.
You/Your means you, the individual user of the BuoyFi services.
USE OF SERVICES
By using the Services, you are agreeing to use them in the way they are intended, and not in a manner that would damage, disable, impair, or compromise the Services, others’ enjoyment of the Services, or the services of any third party. In addition, by using the Services, you are agreeing to comply with all applicable laws, rules, and regulations surrounding the use of the Services, including but not limited to, the terms and conditions of the online application store from which you download and install the Application.
Our Services will allow you to open a User Account in the Application that we will manage with your direction. In addition, the Application will allow you to link to your financial institutions and allow you to deposit or withdraw money from your financial institutions. Your access to and use of these Services, as well as any other services outlined in this Agreement, is contingent upon your acceptance and compliance with this Agreement.
After downloading the Application, before you begin utilizing the Services, you will be required to set up a User Account using your personal information, including, but not limited to, your legal name, date of birth, email address, and phone number. You must provide us with information that is accurate, up-to-date, and complete. Failure to do so will result in removal of you and your information from the Application and immediate termination of the Services. It is your responsibility to ensure that your information is timely updated if a change in your circumstances occurs. If we become aware, or there is reason to believe, that your information is no longer current, then we may suspend the Services and your access to the Application.
BUOYFI CALCULATOR GUIDELINES
As part of the Services, BuoyFi may provide you with payment recommendations for your current debts using the BuoyFi Calculator tool. These recommendations will include a summary of your debt and income information, and the BuoyFi Calculator tool will use that information to suggest payment plans or settlement amounts for your current debt. By agreeing to this Agreement and using the Services, you acknowledge that the BuoyFi Calculator tool may use the data you voluntarily provided to BuoyFi during your use of the Services or the data obtained through third-party data sharing with BuoyFi Partners you consented to during your use of the Services. By using this data, the BuoyFi Calculator Tool will generate a document summarizing your information and outlining the recommended payment plans or settlement amounts (the “BuoyFi Calculator Guideline”). The BuoyFi Calculator Guideline is for informational purposes only. It is not a bill from BuoyFi or an attempt to collect a debt, as BuoyFi is not a debt collector. BuoyFi does not promise or guarantee that any of your creditors will honor the BuoyFi Calculator Guideline. Decisions about paying off your debt will remain with you and your creditors.
Your BuoyFi Calculator Guideline will be subject to change. If the BuoyFi Calculator Tool generates a BuoyFi Calculator Guideline and afterwards your income, or the amount of your debt, increases or decreases, then your BuoyFi Calculator Guideline will no longer be accurate. You will need to use the BuoyFi Calculator Tool to generate a new BuoyFi Calculator Guideline. BuoyFi cannot guarantee that your BuoyFi Calculator Guideline will always be accurate and up to date. It is your responsibility to ensure that your information and data is all correct and to request a new BuoyFi Calculator Guideline if your previously BuoyFi Calculator Guideline is inaccurate or if you experience any changes in your income or debt.
COMMUNICATION AND DATA SHARING WITH THIRD PARTIES
BUOYFI WORKS WITH COLLECTION AGENCIES, CREDITORS, BANKS, AND OTHER THIRD PARTIES IN ORDER TO PROVIDE THE SERVICES, WHICH ARE REFERRED TO AS BUOYFI PARTNERS. BY ACKNOWLEDGING AND AGREEING TO THIS AGREEMENT AND/OR USING THE SERVICES, YOU AGREE THAT BUOYFI MAY COMMUNICATE WITH THE BUOYFI PARTNERS, AND BUOYFI PARTNERS MAY COMMUNICATE WITH BUOYFI ABOUT YOUR ACCOUNT AND PERSONAL INFORMATION AND FINANCIAL STATUS, INCLUDING BUT NOT LIMITED TO SHARING PERSONALLY IDENTIFIABLE INFORMATION (PII), CERTAIN PORTIONS OF PROTECTED HEALTH INFORMATION (PHI), NOT INCLUDING YOUR ACTUAL MEDICAL STATUS OT TREATMENT, EMPLOYMENT INFORMATION, ADDRESS INFORMATION, TELEPHONE NUMBER(S), PHOTOGRAPHS FOR IDENTIFICATION PURPOSES, DELINQUENT ACCOUNTS AND OTHER DEBTS, SETTLEMENT INFORMATION, ACCOUNT PAYMENT INFORMATION AND CORRELATING STATUS(ES), AND INCOME INFORMATION (INCLUDING HOUSEHOLD AND SPOUSAL INCOME). WHILE USING THE SERVICES, YOU MAY BE PRESENTED WITH AN OPPORTUNITY TO REQUEST COMMUNICATION DIRECTLY FROM A BUOYFI PARTNER REGARDING AN ACCOUNT YOU HAVE WITH THE BUOYFI PARTNER. IF YOUR ACCOUNT WITH THE BUOYFI PARTNER IS INACTIVE OR IF YOU HAVE REQUESTED THAT THE BUOYFI PARTNER CEASE COMMUNICATION WITH YOU REGARDING THE ACCOUNT, THEN BY USING THE SERVICES YOU AGREE TO WAIVE YOUR RIGHT TO CEASE COMMUNICATION AND AGREE THAT THE BUOYFI PARTNER MAY RESUME COMMUNICATION ABOUT YOUR ACCOUNT. INFORMATION WILL ONLY BE SHARED ON A NEED-TO-KNOW BASIS IN ORDER TO PERFORM THE SERVICES. YOUR CONSENT TO THIS PROVISION WILL BE STORED BY BUOYFI. YOU MAY WITHDRAW CONSENT TO DATA SHARING AT ANY TIME. IF YOU WISH TO WITHDRAW CONSENT TO DATA SHARING, PLEASE CONTACT US AT SUPPORT@BUOYFI,COM. FOR PURPOSES OF THIS SECTION, BUOYFI PARTNERS ARE THIRD-PARTY BENEFICIARIES UNDER THIS AGREEMENT.
However, it is solely your responsibility to keep your login credentials, including your username and password private. Do not disclose your password to a third party or allow a third party to access your User Account. You must notify us immediately if you become aware of a breach in security or unauthorized use of your User Account.
You must be at least eighteen (18) years of age to use the Services. By acknowledging and agreeing to this Agreement, you warrant and guarantee that (1) you are at least eighteen (18) years of age, (2) you have not been previously suspended or terminated from using the Services, (3) you are a legal resident of the United States; and (4) you will use the Services in compliance with any and all applicable laws and regulations.
PROMOTIONS AND REFERRALS
As part of the Services, we may, from time to time and in our sole discretion, enact promotional or referral programs. These programs may be used to promote additional features of the Services or to attract prospective users to our Services or Application. The programs may include certain incentives, but we reserve the right, at any time for any reason and in our sole discretion, to change, alter, or decrease the incentives, qualifications, or terms of the programs. Your participation or qualification of the programs does not affect your ability to use the Services or Application. We reserve the right to withdraw an incentive if we believe that the recipient received the incentive due to error, fraud, illegal acts, or violation of this Agreement or the terms of the program.
ALERTS AND NOTIFICATIONS
When you register or begin using the Services and/or the Application, you may receive messages from BuoyFi. These messages may include alerts, notifications, promotional materials, and other correspondence from BuoyFi about the Services or the Application (for example, promotional and referral codes, suspicious activity or fraud alerts, and confirmation of certain actions within the Application). If we send any promotional material via email, you will be provided an opportunity, as well as instructions, to “opt-out” of receiving any additional promotional emails in the future. It is important to follow the instructions clearly in order to successfully opt-out of future promotional emails. If you access the Services or Applications through a mobile network, then all of your mobile network provider’s data rates and fees will apply. By accepting this Agreement, you confirm that BuoyFi will not be responsible for your mobile network provider’s charges or fees and will not be responsible for any delayed or undelivered messages. By registering or using the Services and/or application(s), you authorize the use of any email address or cellular telephone number you provide to receive information, via text, e-mail, or telephone, relating to the services, product offerings, notifications, instructions, and financial obligations, including, but not limited to, payment reminders, delinquent notifications, instructions and links to BuoyFi products or BuoyFi Partner products. You understand and acknowledge that your account number may appear in the email or text. You expressly agree and consent that we and our BuoyFi Partners may contact you by telephone, on a recorded line, at any telephone number you have provided to BouyFi or that BuoyFi Partners have obtained, or at any number forwarded or transferred from that number, regarding the Services, product offerings, payment reminders, notifications, and instructions. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. For purposes of this section, BuoyFi Partners are third-party beneficiaries under this Agreement.
After registering for the Services, you will have the opportunity to opt-in to two-factor authentication. This is a feature that will provide additional security to your account by sending a text message with a security code to the mobile phone number on file on your account to confirm that you are the person attempting to login to your account.
If you opt-in to two-factor authentication and you wish to cancel the service, then you may cancel at any time by sending “STOP” to the same number that sends the verification code. After sending “STOP,” you will receive one final message confirming your cancellation and you will no longer receive authentication text messages from us.
Your mobile carrier’s text messaging and data rates will apply to any messages received by or sent by you. By accepting this Agreement, you confirm that BuoyFi will not be responsible for your mobile network provider’s charges or fees and will not be responsible for any delayed or undelivered messages.
In order to access and retain electronic communications, you will need the following computer hardware and software:
- A computer or mobile device with an internet connection,
- A modern web browser that supports at least 128-bit encryption, such as the current version of Chrome,
- A valid email address, such as your primary email address registered with BuoyFi,
- A printer or other device to download, print, or save any information you may wish to retain, and
- The ability to download such applications as BuoyFi may specify and to which you have access.
THIRD PARTY VENDORS
In order to provide the Services, we contract and work with third-party vendors, some of whom are identified as BuoyFI Partners. Therefore, the Services may contain links to third-party websites or other services that are not provided by or controlled by us. BuoyFI takes no responsibility for the content, privacy policies, or practices of third-party websites or services. By agreeing to this Agreement, you acknowledge and agree to abide by the Third-Party Vendor Policies and that BuoyFI will not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged by your use of third-party websites or services.
Terms and Conditions: https://plaid.com/legal/#end-user-services-agreement-us
Terms and Conditions: https://synapsefi.com/tos
Please review each policy carefully, because, during use of the Services, each third-party will require you to submit your consent to their applicable policies, and each third-party will store a record of your consent pursuant to the relevant policy listed above.
Banking services will be provided, without any account or transaction fees charged to you, while using the BuoyFi website and application. However, as stated at the beginning of this Agreement, BuoyFi is a financial technology company, not a bank. The banking services are provided through our banking software provider, Synapse. Funds are held by Synapse’s banking partners, Members FDIC. These funds are held in a custodial account, for your benefit. During your use of the BuoyFi’s services, you will be able to set up a Savings Account. BuoyFi will not set up or be the custodian of your Savings Account. Your savings account will be provided and held by Synapse’s banking partners. To report a complaint relating to the bank services, email help@Synapsefi.com.
Custodial accounts managed through Synapse are subject to certain account limitations. Those account limitations are listed below:
|Transaction Limits for Synapse Managed Custodial Accounts|
|ACH Pull||Daily Limit of $1,250|
BILL PAYMENT SERVICES
Bill payment services will be provided, without any account or transaction fees charged to you, while using the BuoyFi website and application. By enrolling in the Bill Payment Service, you hereby appoint Us and BuoyFi Vendors to act as your limited agents for the purpose of providing the Bill Payment Service. You specifically authorize Us and BuoyFi Vendors to: (A) to use your name, usernames, passwords, and any other information you provide Us for purposes of providing the Bill Payment Service for you; (B) contact Billers on your behalf (including through automated means) to pay your bills and receive your account and billing data, including to periodically access third party Biller websites (“Biller Sites”) for such purposes; (C) if necessary, accept any terms and conditions on Biller Sites on your behalf; and (D) use and store all of the foregoing information on Our and BuoyFi Vendors’ servers. You represent that you have the authority to provide all of the foregoing information to Us and BuoyFi Vendors. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR BUOYFI VENDORS ARE CONTACTING BILLERS OR ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM BILLER SITES, WE OR BUOYFI VENDORS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE BILLER OR OTHER THIRD PARTY THAT OPERATES THE BILLER SITES. You acknowledge that you, and not Us or BouyFi Vendors, remain solely responsible for complying with the terms and conditions on any Biller Sites
WE, BUOYFI PARTNERS, OR BUOYFI VENDORS DETERMINE HOW BILL PAYMENTS ARE MADE. BILL PAYMENTS MAY BE SENT AS AN ELECTRONIC TRANSFER, WHICH MAY BE MADE USING A VARIETY OF PAYMENT RAILS, INCLUDING BUT NOT LIMITED TO ACH, TCH, RTP, CARD-BASED PAYMENTS, OR DIRECT BILLER TRANSFER (EACH, AN “ELECTRONIC PAYMENT”) OR SENT AS A PAPER CHECK. BILL PAYMENTS SENT AS ELECTRONIC PAYMENTS MAY BE SENT USING SINGLE-USE VIRTUAL CREDIT CARDS OR VIRTUAL DEMAND DEPOSIT ACCOUNTS.
WHEN SINGLE-USE VIRTUAL CARDS ARE USED, YOUR PERSONAL PAYMENT ACCOUNT INFORMATION (INCLUDING YOUR NAME) IS NOT DISCLOSED TO THE PAYEE, WHICH CAN REDUCE THE POTENTIAL FOR FRAUD AND MISUSE OF YOUR PERSONAL PAYMENT ACCOUNT INFORMATION. MOREOVER, USE OF A SINGLE-USE VIRTUAL CARD DOES NOT IMPACT YOUR CREDIT SCORE. HOWEVER, WHEN A SINGLE-USE VIRTUAL CARD IS USED TO MAKE YOUR PAYMENT, YOU ACKNOWLEDGE THAT WE, BUOYFI PARTNERS, AND BUOYFI VENDORS MAY EARN INTERCHANGE FEES AS PART OF THE TRANSACTION.
WHEN A VIRTUAL DEMAND DEPOSIT ACCOUNT IS USED TO PAY YOUR BILL, YOU WILL RECEIVE A PAYMENT CONFIRMATION FOR THE TRANSACTION SHOWING THAT YOUR PAYMENT WAS MADE USING A DIFFERENT ACCOUNT NUMBER THAN THAT ASSOCIATED WITH YOUR DEMAND DEPOSIT ACCOUNT. JUST LIKE WITH SINGLE-USE VIRTUAL CARDS, THIS IS BECAUSE YOUR PERSONAL PAYMENT ACCOUNT INFORMATION IS NOT DISCLOSED TO THE PAYEE WHEN WE USE VIRTUAL DEMAND DEPOSIT ACCOUNTS. ALTHOUGH IT MAY BE CONFUSING, THIS APPROACH CAN ALSO REDUCE THE POTENTIAL FOR FRAUD AND MISUSE OF YOUR PERSONAL PAYMENT ACCOUNT INFORMATION.
You hereby acknowledge and agree that: (A) you are responsible for managing scheduled payments, including automatic payments, through the Bill Payment Service; (B) you can modify or cancel a scheduled payment, including automatic payments, at any time prior to a payment being processed; (C) variable automatic payments may vary in amount and, unless you have previously approved a specified range of payment amounts, the payment amount will be communicated to you 10 days in advance of the payment being processed, unless you otherwise modify or cancel the payment prior to processing; (D) if we do not obtain a bill for any payment period, (i) a payment will be scheduled at the maximum amount you previously authorized, or (ii) if no amount was previously authorized, the data from the last bill obtained (including the day of the month on which the due date is set and the payment amount) will be used to make scheduled variable automatic payments; (E) if a variable automatic payment is made without current bill data, payments may be made in an amount greater than or less than the bill amount and the bill may be paid before or after the then-current bill’s due date (which could result in late fees or other charges from your biller); and (F) if no bill data is received, we may cancel future variable automatic payments. YOU HEREBY AUTHORIZE US, BUOYFI PARTNERS, AND BUOYFI VENDORS TO (I) MAKE VARIABLE PAYMENTS AS SET FORTH IN THIS SECTION, INCLUDING BY USING PREVIOUSLY AUTHORIZED AMOUNTS OR THE LAST OBTAINED BILL DATA WHICH MAY NOT REFLECT AMOUNTS DUE FOR THE THEN-CURRENT BILL AND (II) CANCEL SCHEDULED VARIABLE AUTOMATIC PAYMENTS IF BILL DATA IS NOT RECEIVED.
RETENTION OF INFORMATION
We will retain your information in our databases to fulfill our regulatory obligations, promote our business purposes, and provide the Services. We may retain your Data for longer periods than required by law if it is in our legitimate business interests. However, will we not store your Data for a period longer than is allowed by law.
If you stop using the Services and close an account with BuoyFi, we reserve our ability to retain and access the Data as provided in this Agreement.
All Data is stored in encrypted format in BuoyFi’s database which is stored using Amazon Web Services.
You agree that any dispute arising from this Agreement, or your use of the Services, will be resolved through binding arbitration. Arbitration will be conducted by the American Arbitration Association (AAA) in accordance with their rules at the time of the dispute. The prevailing party will be entitled to receive compensatory damages, but shall not receive non-economic damages, such as pain and suffering, emotional distress, punitive, indirect, incidental, or consequential damages. The prevailing party shall also be entitled to receive reimbursement of reasonable costs and attorneys’ fees. You understand that by agreeing to this arbitration provision you are waiving certain legal rights, including, but not limited to, your right to a jury trial, your right to seek certain damages, and your right to bring any dispute as a class action suit. This arbitration provision shall extend to the third parties listed above. You consent that any dispute with a third party listed in the section titled “THIRD PARTY VENDORS” that arises out of the use of the Services will be governed by this arbitration provision.
This Agreement, and any disputes arising from this Agreement or your use of the Services, shall be governed and construed according to the laws in the state of Texas without regard to its conflict of laws principles.
By accepting this Agreement and using the Application, you agree to not use the Application for any “Prohibited Uses.” Prohibited Uses include (a) any breach of this Agreement, any other agreement between you and BuoyFi, or any of BuoyFi’s policies; (b) any use of the Application for non-personal or commercial purposes; (c) any illegal, unlawful, or malicious activities on the Application; (d) impersonation of another person or entity or fraudulent misrepresentation of yourself or your representation of another person or entity on the Application; (e) providing any fraudulent, misleading, or inaccurate information while using the Application; (f) violation of any other user’s rights, including, but not limited to, their right of privacy; (g) accessing, using, or soliciting access to another user’s account without permission; (h) transmitting any harmful or destructive software on the Application; (i) attempting to use any other device, application, or process to retrieve other user’s information from the Application; (j) attempting to test the security of the Application or perform a breach of security in the Application; (k) sending unauthorized commercial correspondence, such as spam mail; (l) using the Application to engage in an illegal pyramid scheme or multi-level marketing; (m) posting any harmful, threatening, violent, graphic, or pornographic content on the Application; (n) accessing the Application as a competitor, whether directly or indirectly in competition with BuoyFi; and (o) encourage or facilitate any breach of this Agreement or violation of this Section by someone else.
BuoyFi reserves the right to protect itself against any Prohibited Uses and take appropriate preventive measures to avert a Prohibited Use or corrective measures to fix a Prohibited Use. These measures will include, but are not limited to, terminating your access to the Application and Services. By accepting this Agreement, you confirm that you will be held liable, for any Prohibited Uses you perform.
You may be liable for any unauthorized electronic fund transfers. Under federal law, if we provide the appropriate disclosures, then you may be held liable for unauthorized electronic fund transfers, subject to limitations (12 CFR 205.6 and 205.7). If you provide notice to BuoyFi within two business days after you discover the loss or theft of the device used to access your BuoyFi account, then your liability for any unauthorized electronic fund transfers will be limited to the lesser of $50 or the amount of the transfers before you notified BuoyFi of the lost or stolen device. If you fail to provide notice within two days, then your liability will be limited to the lesser of $500 or the sum of: (1) the lesser of $50 or the amount of the transfers during the two business days after your device was lost or stolen, and (2) the amount of the transfers between the two business after your device was lost or stolen and the day BuoyFi was notified of the lost or stolen device, if BuoyFi can establish that the transfers would not have occurred if they had been notified of the lost or stolen device within the two-day period. If you believe that your device has been lost or stolen or you believe that an unauthorized electronic fund transfer has been made, then you can contact our Concierge Team via email at email@example.com or via phone at 888-308-6004. Our “business days” are Monday-Friday.
BuoyFi reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT
By accepting this Agreement and using the Services, you acknowledge and agree that BuoyFi owns all right, title, and interest to any and all confidential or proprietary information contained within the Services or in the Application. This includes, but is not limited to, visual interfaces, graphics, designs, logos, information, computer codes, software, services, products, and all other aspects of the Service or Application. All of this information is protected by applicable intellectual property laws now or hereafter in effect.
BuoyFi respects the intellectual property rights of others and asks that all users of the Services or Applications do the same. Pursuant to the Digital Millenium Copyright Act of 1998 (the “DMCA”) (17 U.S.C. § 512), BuoyFi has developed a process for removing infringing material. If you believe that a user is infringing yours, or another user’s, intellectual property rights, and you wish to have the infringing material removed, then you must send notice to our designated copyright agent at [insert copyright agent email]. Please note that your notification must meet the requirements of the DMCA in order to be effective. Those requirements are as follows: the notice must contain (1) a physical or electronic signature of the owner, or a person authorized by the owner, of the intellectual property right; (2) identification of the copyrighted work, or list of works, that has been allegedly infringed; (3) identification of the infringing material and information sufficient to assist BuoyFi in locating the infringing material; (4) your contact information, such as your address, telephone number, or email address; (5) a statement that you have a good faith belief that the infringing material is not authorized by the intellectual property owner, their agent, or the law; and (6) a statement that the notification is accurate and that you are authorized to act on behalf of the intellectual property owner, under penalty of perjury. Furthermore, pursuant to the DMCA, if your notification contains a misrepresentation of a material fact, then you could be subject to damages, including costs and attorney’s fees.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUOYFI OR THE BUOYFI PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FINANCIAL LOSSES, OR DAMAGES RESULTING FROM LOST OR INACCURATE DATA, INCLUDING PERSONAL INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING IN CONNECTION WITH (i) YOUR USE (OR YOUR INABILITY TO USE) THE BUOYFI SERVICE OR THE SERVICES OF THE BUOYFI PARTNERS, OR (ii) THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT BUOYFI HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. BYOUFI’S TOTAL LIABILITY OF ALL CLAIMS ARISING OUT OF OR RELATED TO THE PROVISION OF THE BUOYFI-ENABLED SERVICES OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
To the fullest extent permitted by law, you agree to indemnify, defend, and hold BuoyFI and its affiliates, successors, parents, subsidiaries, officers, directors, stockholders, investors, employees, agents, representatives, attorneys, assigns, and third-party vendors harmless from any and all claims, liabilities, damages, losses, costs, and/or expenses, including, but not limited to, reasonable attorneys’ fees, arising from (1) any breach by you or your affiliates, employees, agents, successors, representatives, or assigns of this Agreement; (2) any violation by you or your affiliates, employees, agents, successors, representatives, or assigns of any warranties or representations made in this Agreement; (3) any violation by you or your affiliates, employees, agents, successors, representatives, or assigns of any applicable law, rule, or regulation in connection with your use of the Services; (4) any violation by you or your affiliates, employees, agents, successors, representatives, or assigns of any third party right, such as privacy, copyright, or intellectual property infringement; (5) any content submitted, posted, or uploaded by you or your affiliates, employees, agents, successors, representatives, or assigns; and (6) any fraudulent or prohibited use of the Application or Services by you or your affiliates, employees, agents, successors, representatives, or assigns.
We reserve the right, at our own expense, to assume control over the defense of any matter subject to this indemnification provision. You agree to consent and cooperate fully with our defense of said claim. If we do not assume control over the defense of a matter subject to this indemnification provision, you agree not to settle the matter without the prior written consent of BuoyFi.
DISCLAIMER OF WARRANTIES
THE APPLICATION AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE MAXIMUM EXTENT PROVIDED BY LAW, BUOYFI AND ITS AFFILIATES, SUCCESSORS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, ASSIGNS, AND THIRD-PARTY VENDORS DISCLAIM ANY AND ALL WARRANTIES, GUARANTEES, OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PATRICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (2) WARRANTIES ARRISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; (3) THAT ACCESS TO THE SERVICES AND APPLICATION WILL ACHIEVE ANY INTENDED RESULT OR CONFROM TO YOUR REQUIREMENTS; (4) THAT SERVICES OR APPLICATION WILL BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, APPLICATIONS OR SERVICES; (4) THAT SERVICES OR APPLICATION WILL WORK UNINTERRUPTED WITHOUT ERROR OR MEET ANY OTHER PERFORMATION OR RELIABILITY STANDARD; OR (5) THE ACCURACY, RELIABILITY, QUALITY, SECURITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT ON THE APPLICATION OR PROVIDED BY THE SERVICES.
We reserve the right to modify, suspend, or terminate operation of the Services or Application as necessary to comply with this Agreement, correct errors, perform routine maintenance, or make any other changes. We are not responsible for any delays, failures, or damages arising from such procedures. This Agreement may be modified or revised at any time for any reason by BuoyFi. In the event that a change to this Agreement will result in an increase in fees, an increase of liability to you, or a change in how you use the Services, you will be notified via email 30 days before the effective date
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If you have any questions regarding BuoyFi, the Services, the Application, or this Agreement, please contact us by email, telephone, or postal mail at the contact information listed below.
Hours: Concierge Team Members are available to answer your calls: Monday through Friday 8:00 AM- 4:30 PM Central Time
Postal Mail: 4250 Drinkwater Blvd, Suite 300, Scottsdale, AZ 85252