Terms of service

Last Updated: May 2, 2025

Terms of service

Terms of use

IMPORTANT, READ CAREFULLY: CLIENT’S USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF EBANQO, INC. AND ITS AFFILIATES ("EBANQO") IS CONDITIONED UPON CLIENT’S COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS.

BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE EBANQO WEBSITE, EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY UTILIZING ANY EBANQO SERVICES, CLIENT AGREES TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (TOGETHER, THE “AGREEMENT”, THESE “TERMS” OR “TOS”). THE EBANQO SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

1. Definitions.

• “Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party.
• “Control” means an economic or voting interest of at least fifty percent (50%).
• “API” means application programming interface.
• “Applications” means software-based tools designed to operate and utilize the Platform.
• “Channels” means touch points that allow interactions, such as Web chat, WhatsApp, Facebook Messenger, etc.
• “Claim” means a third-party claim, demand, suit or proceeding.
• “Client” refers to the individual or entity accepting this Agreement.
• “Confidential Information” means non-public data and any proprietary information provided by one Party to another under this Agreement.
• “End User” means anyone using the Services on Client’s behalf.

2. Services

a. During the Term, eBanqo will provide the Services as described on the Order Form, together with standard updates.

b. eBanqo shall provide remedies listed in the SLA for any failure of the Services.

c. eBanqo may discontinue Services or modify features of Services at its sole discretion without prior notice.

d. If Client registers for a free trial, they will have access to the Services on a trial basis free of charge until the trial period ends or a Subscription commences.

3. Use of services and client responsibilities

Client is responsible for its and its End Users' compliance with this Agreement, applicable laws, and for maintaining the confidentiality of their login information.

4. Client content

a. Client retains ownership of the Content submitted. eBanqo shall not intentionally grant third-party access to Content without Client’s written consent.

5. Fees and payment

a. Client shall pay the Fees set forth on ebanqo.com’s pricing page, excluding applicable Taxes.

b. eBanqo may charge the Client Account for amounts owed, including taxes.

6. Term and termination

a. This Agreement commences on the date Client accepts it and continues until all Service subscriptions have expired.

7. Proprietary rights and confidential information

a. eBanqo retains ownership of all rights to Services and associated software.

b. eBanqo shall use all Confidential Information provided by Client solely for the purposes of this Agreement.

8. Restrictions

Client shall comply with applicable international trade laws and not permit unauthorized access to the Services.

9. No high risk use

The Services are not designed for use in high-risk environments requiring fail-safe controls.

10. Injunctive relief

eBanqo is entitled to seek injunctive relief for violations of this Agreement.

11. Representations; disclaimer of warranties.

CLIENT UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED "AS IS" AND EBANQO EXPRESSLY DISCLAIMS ALL WARRANTIES.

12. Indemnification.

Client shall indemnify and hold eBanqo harmless from any third-party claims arising from Client’s use of the Services.

13. Limitation of liability.

IN NO EVENT WILL EBANQO BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

14. Agreement to arbitrate.

Clients agree to resolve disputes through binding arbitration.

15. Privacy and other policies.

Use of the Services is subject to eBanqo’s SLA and Privacy Policy.

16. General provisions

a. Governing Law: This Agreement shall be governed by the laws of Georgia, USA.

b. Waiver and Severability: Failure to enforce any provision will not be deemed a waiver of that provision.

c. Force Majeure: Parties will be excused from performance failures caused by events beyond their reasonable control.