Terms of Use

Effective date: February 16, 2023

These Terms of Use together with attachments and addendums incorporated herein constitutes a binding legal agreement (the "Agreement", or "Terms of Use", or "Terms") between you (or the "Company") and us (or "Yescard") with regard to the provision of online financial services. This Agreement governs your access and use of our services. Please read it carefully.

Capitalized terms in these Terms of Use are defined as follows:

Account means your Company’s account(s) with Yescard that is/are used to access the Services;

Budget means a virtual space in your Account that can be used to track your company's expenses and spending by department, project, season, vendor, client, etc.;

Company that is applying for or has opened an Account to use the Services;

Yescard, or we means Yescard Finance, Inc., a Delaware corporation;

Third-Party Service means service and data provided by Third-Party Services Providers connected to or provided through your Account. Third-Party Services include accounting or expense management platforms, payment processors and e-commerce platforms;

Third-Party Service Provider means any third party that provides other services related or connected to, or provided through the Services and Account(s); or assists us in providing the Services to you or supports our internal operations;

Service means our Site, along with our related websites, networks, applications, mobile applications, and other services provided by us hereunder including (i) financial products, technology, expense management, cash management, payment services, integrations with Third-Party Service; (ii) Card Transactions; and (iii) secure communication of Data between you, Third Party Services Providers and Yescard; and (iv) all other services provided by Yescard through your Account;

Site means website Yescard.io;

User means any employee, contractor, or agent authorised to use the Services on Company’s behalf, and includes Owner, Budget Manager, and other account roles;

Words in the singular include the plural, and words in the plural include the singular.

Titles and headings to Clauses are for convenience of reference only and do not constitute a part or affect the meaning or the interpretation of the Agreement.

2.1. Account. Account lets you combine your personal financial information from your company debit cards, current accounts from banks and other financial institutions in one clear view. To do this, Yescard requests needed information from your bank. You explicitly consent to Yescard having the right to act in your name to contact the banks, and to retrieve and (in line with our Privacy Policy) use the needed information, in respect of the bank accounts that you add into your Account.

2.2. Cards. You are responsible for any charges resulting from subscriptions or recurring charges even where they result from a cardholder neglecting to cancel the subscription or recurring charge. Yescard is not responsible for any losses, damages, or harm caused by any charges that are denied or reversed.

You and your Users are responsible for securing Cards, account numbers and card security features (including the CVV). Company is responsible for charges, fees and penalties resulting from cardholders’ failure to exercise reasonable care in safeguarding Cards from loss or theft, or failure to promptly report loss or theft, and for all other transactions on Cards issued to Company or cardholders.

2.3. Territory. Yescard operates in the United States of America and makes no representation that the Service is appropriate or available for use in other locations.

2.4. Prohibited Activities. Your Account and the Services may not be (a) used for any purpose that is unlawful or prohibited by these Terms or applicable legislation, (b) used for any personal, family, or household use, (c) used for any transaction involving any activities which we may reasonably find illegal, violent and/or harmful (the "Prohibited Activities"), (d) provided to or used for any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or the U.S. Department of State, (e) used by third parties who are not Company employees, contractors, or agents or who are otherwise unaffiliated with Company, or (f) used for any purpose not related to the business of the Company.

Additionally, the following activities are considered to be Prohibited Activities for the purposes of this Agreement:

We will not approve and may terminate Account(s) that we know or believe is/are engaged in any Prohibited Activities or otherwise does not/do not comply with the restrictions in this section as determined in our sole discretion. Yescard may require that you provide additional information to open or maintain your Account or we may limit your use of certain Services in case of suspicion of illegal activities.

Also, some types of business activities, (such as Import/Export of Physical Commodities, Art Dealers/Antique Dealers, Auction Houses, Jewellery/Gems/Precious Metal, Professional Sports (Non-Athlete) with gambling association) might be subject to enhanced review.

We screen your applications and Account(s) to identify if they are a PEP. All PEPs are subject to enhanced review.

2.6. Access to the Services. You will keep your Account secure and only provide access to Users that you have authorized to use the Services on your behalf. You will take all reasonable steps to safeguard the privacy, confidentiality, and security of User credentials. You will closely and regularly monitor the activities of users who access the Services, and you will use all reasonable means to protect Cards, checks, mobile devices, web browsers, and anything else used to access or utilize the Services.

You will ensure that each User has their own unique set of credentials, keeps those credentials secure, does not share those credentials with any other person or third party, and does not reuse credentials for other services.

You will not allow any unauthorized person to use the Services. You will immediately disable User access to the Services or limit permissions where you know or suspect your Account has been compromised or may be misused or where you know or believe a User’s credentials are compromised or lost; and you will promptly notify us of any unauthorized access or use of your Account or the Services. All actions performed prior to this notification of compromised credentials are considered to be performed by the Company itself.

2.7 Rewards. Yescard may grant Company with rewards for referrals, participation in certain marketing activities, significant number of transactions, etc. Yescard may determine independently which categories of clients, which services and under what conditions can become recipients of rewards.

Your account must be in good standing in order to participate in the rewards program.

Certain rewards may be subject to additional terms and conditions that will be provided to you if applicable.

In exchange for the provision of the Services the Company shall pay the fees (the "Fees") before the start of the pay period. The Service is available to you subject to your payment of Fees.

Fees are incorporated herein by reference. You may find actual Fees on the Site. Please see Section "Pricing" for our actual Fees.

Fees vary depending on the type of Service you select. Yescard reserves the right to arrange promos from time to time with lowered Fees or even with no Fees however these promos may not necessarily apply to you.  

All Fees and costs are non-refundable.  Should you not pay sums owed to Yescard by the agreed upon date, we reserve the right to suspend the Service and terminate the Agreement.

We may terminate the present Agreement and cease providing access to our Services (a) upon one (1) month starting from the date when the due payment to Yescard was not paid; (b) in case we know or believe that you are engaged in any Prohibited Activities as described in Clause 2.5 above; (c) when If we believe you violated this Agreement or (d) when applicable law requires us to do so.

Notwithstanding the above, you agree that we, at our sole discretion, may terminate or suspend your use of our Services and terminate this Agreement at any time and for any or no reason at our sole discretion, even if access and use continue to be allowed to others. Furthermore, you agree that Yescard Finance, Inc. shall not be liable to you or to any third party for any termination or suspension of your access to our Services.

You may not assign any of your rights or delegate your obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of Yescard (not to be unreasonably withheld or delayed). No Company`s consent is needed if we assign these Terms of Use in their entirety (including all addendums and attachments incorporated herein by reference) to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets.

We may revise and update these Terms at any time. Your continued usage of our Services after any change to these Terms will be deemed acceptance of such changes. These Terms may be changed, supplemented or updated without notice, at our sole discretion. We may also change or impose fees for products and services at any time, at our sole discretion. We may establish or change, at any time, general practices and restrictions concerning our other products and services at our sole discretion.

THE SERVICE IS PROVIDED ON AN "AS-IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YESCARD EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF USABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE SERVICE PROVIDED BY US OR THAT THE OPERATION OF THE SERVICE WILL BE INTERRUPTION OR ERROR FREE OR WITHOUT VIRUSES OR OTHER HARMFUL MATERIALS. YESCARD DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICE. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS AT USER’S OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YESCARD, ITS SUPPLIERS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF YESCARD HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW OR PURSUANT TO THE ARBITRATION PROVISION BELOW, IN NO EVENT SHALL YESCARD’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN YESCARD AND YOU) EXCEED THE FEES ACTUALLY PAID TO YESCARD BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR FIVE THOUSAND (5,000.00) US DOLLARS WHICHEVER AMOUNT IS LESS.

YESCARD IS NOT A BANK, FINANCIAL INSTITUTION OR FINANCIAL ADVISORY SERVICE. WE DO NOT PROVIDE FINANCIAL ADVICE.

Yescard shall use its commercially reasonable efforts to perform its obligations hereunder, however, Yescard, its Affiliates, agents or licensors shall not be liable for any loss resulting from the activities of you, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond Yescard’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Yescard’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this Agreement by you. Yescard does not represent or warrant that the Service suits your needs. In addition, in the event of any failure of the Service, or in the event Yescard otherwise defaults under any provision of this Agreement, then your sole and exclusive remedy shall be termination of this Agreement and, to the maximum extent permitted under applicable law, you hereby waive and relinquish any and all other rights or remedies it may have at law or in equity.

This Agreement is governed by the laws of the State of New York without regard to conflict of law principles.

Company and Yescard agree to first attempt to resolve disputes arising out of or relating to this Agreement in good faith by negotiation. If any dispute arising out of or relating to this Agreement or the breach, termination or validity thereof has not been resolved by negotiation, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in New York, New York, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto.

Separate and apart from the agreement to arbitrate set forth above, and solely to the extent not otherwise prohibited by applicable law the parties hereby independently waive any right to bring or participate in any class action in any way related to, or arising from, these Terms and or the Services.

This Agreement, including any terms, agreements, attachments or policies incorporated by reference, constitutes the entire understanding of the parties with respect to the subject matter described and supersedes all other proposals or previous understandings between the parties. No other agreements, representations, or warranties other than those provided in this Agreement will be binding.

Any failure or delay or negligence or tolerance by any Party in exercising any Clause or in exercising any right or taking any remedy based on the present Agreement will not constitute a waiver of such Clause, right or remedy, nor will it prejudice any such execution, exercise or taking thereof and the exercise of, or partial exercise of, any right or remedy based on the Agreement will not hinder any subsequent exercise of the right or remedy or the exercise of any other right or remedy.

If any provision of this Agreement shall be held or made non-enforceable by a statute, rule, regulation, decision of a tribunal or otherwise, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while most nearly preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement and, to that extent, the provisions of this Agreement shall be deemed to be severable.

Please also feel free to contact us if you have any questions about the present Terms of Use. You may contact us at hello@yescard.io.