Overview
This Terms of Use (the “Agreement”) govern your access to our website, affiniti.finance and affiniti.com, or other sites that link to this Agreement, and the services offered, including our card platform or any of our other websites, networks, applications, mobile applications, or other services, (collectively, the “Platform”) by or through Affiniti Finance, Inc., (“Affiniti”, “we”, “our” or “us”). Each reference to “you” in this Agreement shall refer to you, your Company, and each of your Users. Capitalized terms not defined in the body of this Agreement are defined in the Glossary below.
Please read the Agreement carefully before accessing or using the Affiniti Services. By accessing or using our Platform or any of the Affiniti Services, you agree to be bound by this Agreement, even if you do not obtain any product or any other Affiniti Service from us.
References to this “Agreement” mean this agreement and any terms and agreements incorporated herein by reference, which includes, but is not limited to the Rewards Terms, E-Sign Policy, Privacy Policy, Online Servicing Policy and any Service-Specific Terms that are applicable to the services you use, such as the applicable Cardholder Agreement. Each of these policies is available for reference at www.affiniti.com/legal.
If you do not agree with this Agreement, or if you are under 18 years old, you may not access or use the Affiniti Services. Capitalized terms in the Agreement are defined in the glossary at the end of the Agreement.
Affiniti is a technology company and not a bank. Affiniti provides you with access to products and services provided by third parties, including business credit card issuance. The Affiniti Services are also integrated with other third-party service providers who may provide other products and services to you or enable Affiniti to provide its services to you (“Third-Party Service Providers”).
1. Information About Procedures For Opening An Affiniti Account
To receive access to or use the Affiniti Services, you first need to submit an application for an Affiniti Account. As part of such an application, you must provide all information we request (“Application Information”) and connect at least one Linked Account. At all times, you must maintain at least one Linked Account.
Important Information About Procedures For Opening A New Account
To help the 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 (individual or business) who opens an account. What this means for you: When you open an Affiniti Account or request access to certain services, we may ask for the name, address, date of birth, and other information to identify you and the owners and control persons for your business. We may also ask to see a driver's license or other identifying documents. We may share this Application Information with Sponsor Banks and Third-Party Service Providers for these purposes.
BY OPTING TO ACCEPT THIS AGREEMENT OR BY USING THE AFFINITI SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND YOU AGREE TO BE BOUND BY THIS AGREEMENT.
2. Electronic and Telephone Communication
Communications relating to the Affiniti Services may be delivered electronically or by telephone, as described in this Section.
2.1 Electronic Signature. As more fully set forth in our E-sign Policy, by accepting this Agreement on behalf of your Company, your control persons and each authorized User within your Company is adopting an electronic signature.
2.2 Electronic Communications. Subject to any legally required consent, by using the Affiniti Services or Platform, or by submitting your email address or phone number to us, you (a) agree to receive marketing and transactional communications from Affiniti via email and SMS; and (b) understand that you may opt out of receipt of marketing communications.
2.3 Telephone Communications. You authorize Affiniti, our Sponsor Banks, and our service providers to contact you and your business representatives by telephone for account servicing and payments. You may opt out of marketing or promotional telephone calls at any time.
3. The Affiniti Services
Affiniti will provide the Affiniti Services to you for the term of this Agreement subject to your compliance with this Agreement. As part of the Affiniti Services, Affiniti grants you a non-exclusive, non-transferable, non-assignable, revocable, worldwide right to use the Affiniti Services and Platform. Your right to use the Affiniti Services shall terminate upon any termination of this Agreement.
4. Payments
You understand and agree that by using the Affiniti Services, you agree to pay any and all Fees when due. You must maintain at least one Linked Account at all times and agree that Affiniti may directly debit any Linked Account for payment of amounts owed.
If you fail to pay the full amount owed on time, we may attempt to collect amounts owed from any Linked Account.
5. Intellectual Property Rights
As between you and Affiniti, the Affiniti System, including its source and object codes, documentation, is a proprietary product of Affiniti and is protected by copyright and other laws. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or utilize any expression of the Affiniti System in other than object code form.
6. Maintenance
Affiniti shall use commercially reasonable efforts to ensure smooth operation of the Affiniti Services for the duration of this Agreement. Affiniti shall not, however, have any liability whatsoever to you in the event of any failure or bugs in the Affiniti Services, or interruptions of the Affiniti Services.
7. Collection, Use, Storage, and Disclosure of Personal Information
You hereby authorize Affiniti, directly or through our Sponsor Bank or other Third-Party Service Providers, to make any inquiries and conduct any investigation to verify your identity and Application Information before allowing you access to the Affiniti Services or Platform.
You hereby consent to and grant to Affiniti the right to collect, store, use and disclose your Application Information, Data and User Content to provide, maintain and improve the Affiniti Services.
8. Device Security
You shall use commercially reasonable efforts to secure your Data in your possession or under your control. You assume exclusive responsibility for ensuring the security of your Device and the Data on it.
9. Prohibited Activities
You may not use the Affiniti Services to engage in any Prohibited Activity or any illegal activity.
10. General
You agree to use the Affiniti Services only for good faith Transactions and not for Transactions on behalf of third parties.
11. Your Relationships
Affiniti is not a party to any of your Relationships that give rise to Transactions or your other use of the Affiniti Services.
12. Your Representations
You hereby represent and warrant that:
- The signatory to this Agreement has the legal authority to bind you or your Company to this Agreement.
- Your use of the Affiniti Services conforms to all applicable laws and this Agreement.
13. Indemnification
You agree to defend, indemnify, and hold harmless Affiniti from any and all claims arising out of or resulting from your performance or breach of this Agreement.
14. Term And Termination
The term of this Agreement shall start on the date that you have accepted this Agreement or your use of Affiniti Services. You can terminate this Agreement at any time by closing your Affiniti Account.
15. Limitation Of Liability
Affiniti shall not be liable for any damages attributable to loss of profits or other consequential, incidental, special or exemplary damages.
16. Disclaimer of Warranties
The Affiniti Services are provided on an "as-is", "as available" basis. Affiniti makes no representations or warranties of any kind.
17. Affiniti is Not a Financial Planner, Broker or Tax Advisor
Affiniti is a technology company and not a bank or financial advisory service.
18. Arbitration Provision and Class Action Waiver
Any dispute arising in connection with this Agreement will be resolved by binding arbitration. You and Affiniti are each waiving the right to a trial by jury or to participate in a class action.
19. General
Affiniti may post amendments or revisions to this Agreement on the Platform. This Agreement replaces any earlier versions hereof appearing on the Platform.
20. Glossary
The following terms shall have the meanings indicated:
- Admin User: a User authorized to make Affiniti Services selection preferences.
- Affiniti Services: our Platform, along with our related websites, networks, applications, mobile applications, and other services.
- Term: the duration of this Agreement.
For further details, refer to the complete Agreement as it pertains to specific sections.