This Tribe Beta Tester Agreement ( “Beta Agreement”) is entered into between Tribe Money Pools, LLC., (“Tribe Money”), and you (“You”). This Beta Agreement governs your access to and use of certain software and related services (the “Beta Services”) offered by Tribe Money solely for testing and evaluation purposes. Further description and related details of the Beta Services may be provided to you at the time you access or engage with the Beta Services. By accessing or using the Beta Services, you agree to be bound by this Beta Agreement and accept all of its terms. If you do not accept all the terms of this Beta Agreement, then you may not use the Beta Services.
1. Terms of Use. You acknowledge and agree that your access and use of the Beta Services will be subject to this Beta Agreement as well as our Banking as a Service partner(“BAAS partner”), Cybrid, Inc.’s (“Cybrid”)
End User License Agreement and Privacy Policy
(a) Description of Service and Operations. Under this Beta Agreement, you understand that Tribe Money does not provide a deposit account, or financial services. Tribe Money does not transfer money. All money will be transferred by Cybrid.
(b) Eligibility. By signing up for Tribe Money’s Beta Services you represent that (i) you are at least 18 years of age, (ii) you have the authority to authorize debits and credits to the enrolled bank account, and if applicable, (iii) you are the authorized holder of the enrolled debit card.
(c) Prohibited Uses. By signing up for Tribe Money’s Beta Services, you understand that these services are meant for personal use. You agree not to use your account for commercial or business use. You also agree not to use your account for any uses that might cause legal or reputational repercussions to Tribe Money, Cybrid, or any third parties. This includes not sending, receiving, or requesting money for or using the Services to discuss and promote: Pharmaceuticals and other controlled substances, Illegal drugs, Drug paraphernalia, Firearms, ammunition or other weapons, Sexually oriented activities or materials, Pornography, Obscene or offensive activities or materials, Materials or activities that promote intolerance, violence or hate, Ponzi or pyramid schemes, Illegal gambling, gaming, lotteries or sweepstakes, Court-ordered alimony or child support payments, Traveler’s checks, money orders, equities, annuities, or currencies, including digital currencies, such as bitcoins, Counterfeit materials, Infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of Tribe Money, Cybrid, another User or any other third party, Terrorist funding, Fraud, Scams, Money laundering, or Any other illegal activity or unlawful purpose.
(d) Consent to Contact. Under the terms of this Beta Test Agreement, you consent to receiving communication from Tribe Money via text, email, or any other reasonable means to collect Feedback, as defined in Section 5 of this agreement.
(e) Agreement to Beta Agreement. By signing up to the Beta Services, you agree to the entirety of the Beta Agreement and understand that the Beta Agreement will govern your use of these services until such time as Tribe Money develops a separate, Terms of Use and Privacy Policy, at which point you will be notified of the change.
2. Acknowledgment of Beta Services Limitations. You acknowledge that: (a) the Beta Services have not been made publicly available by Tribe Money; (b) the Beta Services may not operate properly, be in final form or fully functional; (c) the Beta Services may contain errors, design flaws or other problems; (d) it may not be possible to make the Beta Services fully functional; (e) use of the Beta Services may result in unexpected results, corruption or loss of data, or other unpredictable damage or loss; and (f) Tribe Money has no obligation to release a commercial version of the Beta Services or otherwise introduce the Beta Services. You assume all risk arising from the use of the Beta Services as further stated in this Beta Agreement.
3. Beta Services Privacy Policy. Use of the Beta Services may include the collection and use of Personal Information for various business purposes, including but not limited to: to prevent, detect, and protect against security incidents, fraud, and prohibited or illegal activities, to undertake activities to verify or maintain the quality or safety of our services, to perform services (for us, Cybrid, or other service providers) such as account servicing, providing customer service, fulfilling transactions, verifying your information, providing analytic services, for internal research for technological development, demonstration, and improvement, for internal operations, to verify the existence of your financial account, to enforce our terms and conditions, to research and resolve issues related to transactions you sent or received, to debug, identify, and repair errors that impair existing intended functionality, to facilitate transactions, including enabling our bank partners to complete money transfers, to notify you by push notification, text, or email, of a pending money transfer or a request for transfer, to facilitate your enrollment and resolve issues relating to your enrollment, to verify your identity, to verify changes, you’ve made to your Personal Information, to create and deliver marketing communications to you about Tribe Money, to create, develop, operate, deliver, maintain, and improve our products and services, for legal compliance, to respond to your requests and comply with your stated communication preferences, to provide you with a safe, efficient, and customized experience, for authentication, to provide other services you request, and other one-time uses.
For the purpose of this Beta Agreement, “Personal Information” means information that identifies or can be used to identify you directly or indirectly. Personal Information does not include information obtained from public sources or information that is made available by federal, state, or local governments. Personal Information also does not include deidentified, anonymized, or aggregate information. No Personal Information collected will be disclosed to any third party, unless required by Local, State, or Federal regulations. 4. Obligations under Third Party Agreements. If you have obligations to any third party, such as under the terms, conditions or policies of a banking partner that you use or through which you perform banking services (as a non-limiting example), you, and not Tribe Money, are solely responsible for your compliance with those requirements. By providing you with access to the Beta Services, Tribe Money does not warrant or guarantee that how you may choose to use the Beta Services is allowed by any particular service provider, nor that your use complies with any laws or regulations that may apply to your use or purchase of any other services. Tribe Money is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your activities.
5. Feedback. You agree to (a) test the Beta Services and cooperate with Tribe Money in evaluating the Beta Services, and (b) provide Tribe Money with feedback as reasonably requested from time to time. All feedback, comments, and suggestions for improvements that you provide to Tribe Money hereunder are referred to collectively as “Feedback”. You hereby grant Tribe Money a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Ownership. As between the parties, Tribe Money is the sole owner of all rights, title and interest in and to the Beta Services, including all intellectual property rights therein. You will not acquire any rights or licenses in the Beta Services or Tribe Money’s Confidential Information.
7. Confidentiality.
7.1. For purposes of this Beta Agreement, “Confidential Information” means the Beta Services and any information or materials disclosed by or on behalf of Tribe Money to you that (a) is marked “confidential” or “proprietary” or with a similar designation at the time of such disclosure, or (b) due to its nature or the circumstances of its disclosure, a person exercising reasonable business judgment would understand to be confidential or proprietary. You agree: (i) to maintain all Confidential Information in strict confidence; (ii) not to disclose Confidential Information to any third parties; and (iii) not to use any Confidential Information for any purpose except for the purpose of testing and evaluating the Beta Services in accordance with this Beta Agreement and the ToU. You also agree not to: (i) reverse engineer, decompile or disassemble the Beta Services or authorize a third party to do any of the foregoing. Furthermore you agree to communicate anything relating to the performance of the Beta Services solely to Tribe Money.
7.2. The obligations and restrictions in Section 7.1 will not apply to any information or materials that: (a) were, at the date of disclosure, or have subsequently become, generally known or available to the public through no act or failure to act by you; (b) were rightfully known by you prior to the disclosure of such information or materials from Tribe Money; (d) are independently developed by you without access to any Confidential Information.
7.3. Upon termination of this Beta Agreement, or earlier upon Tribe Money’s request, you will promptly return to Tribe Money , or, at Tribe Money’s option, destroy, all tangible items and embodiments containing or consisting of Confidential Information and all copies thereof. All Confidential Information remains the sole and exclusive property of Tribe Money.
7.4. You agree that any breach of this Beta Agreement by you may result in irreparable harm to Tribe Money, for which damages would be an inadequate remedy and therefore, in addition to its rights and remedies otherwise available at law, Tribe Money shall be entitled to obtaining equitable relief, including injunction, in the event of such breach.
8. Termination. Tribe Money reserves the right to modify or terminate the Beta Services, this Beta Agreement, or your use of the Beta Services, or to limit or deny access to the Beta Services, at any time, in its sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Services at any time. Upon any termination, discontinuation or cancellation of the Beta Services, this Beta Agreement or your access, the following sections of this Beta Agreement will survive: 2, 3, 4, 5, 6, 7, 9, 10 and 11.
9. Warranty Disclaimers. YOU ACKNOWLEDGE THAT THE BETA SERVICES ARE BEING PROVIDED “AS IS.” TRIBE MONEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TRIBE MONEY MAKES NO WARRANTY THAT ANY OF THE BETA SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE BETA SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES TRIBE MONEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BETA SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE BETA SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE BETA SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
10. Limitation on Liability. IN NO EVENT WILL TRIBE MONEY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR DATA OR MONETARY LOSS OR BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS BETA AGREEMENT OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE BETA SERVICES OR FOR ANY ERROR OR DEFECT IN THE BETA SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT TRIBE MONEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS BETA AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, TRIBE MONEY’S LIABILITY HEREUNDER IS LIMITED TO $50.00.
11. Miscellaneous. This Beta Agreement will be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to this Beta Agreement will be the state and federal courts located in Washington, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. This Beta Agreement constitutes the entire and exclusive understanding and agreement between Tribe Money and you with respect to its subject matter, and supersedes and replaces any and all prior oral or written understandings or agreements between Tribe Money and you with respect to its subject matter. If for any reason a court of competent jurisdiction finds any provision of this Beta Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Beta Agreement will remain in full force and effect. You may not assign or transfer this Beta Agreement, by operation of law or otherwise, without Tribe Money’s prior written consent. Any attempt by you to assign or transfer this Beta Agreement, without such consent, will be null and of no effect. Tribe Money may freely assign or transfer this Beta Agreement without restriction. Subject to the foregoing, this Beta Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. Tribe Money’s failure to enforce any right or provision of this Beta Agreement will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tribe Money. Except as expressly set forth in this Beta Agreement, the exercise by either party of any of its remedies under this Beta Agreement will be without prejudice to its other remedies under this Beta Agreement or otherwise.