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Flowhub Cash Terms & Conditions
Last updated October 2021
CUSTOMER TERMS AND CONDITIONS
If you do not agree to these Terms and Conditions, you may not enroll in or use the Services and must immediately terminate any use of the Services and the Flowhub Cash App. THESE TERMS AND CONDITIONS CONTAIN ARBITRATION AND INDEMNITY PROVISIONS, AS WELL AS A CONSENT TO RECEIVE COMMUNICATIONS ELECTRONICALLY IN LIEU OF MAILING YOU PAPER COPIES. We may modify these Terms and Conditions at any time by posting a revised version on https://flowhub.com/ and making it available through the Flowhub Cash App. We will provide you with notice of such modifications as required by Applicable Law. Amended Terms and Conditions will be considered effective at the time they are posted and your continued use of the Services will constitute your acceptance of the amended Terms and Conditions. You agree that we shall not be liable to you or any third party in the event we exercise our right to modify or discontinue any of the Services.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU CHOOSE TO LOAD FUNDS TO YOUR EWALLET, YOU MUST SPEND SUCH FUNDS WITH A PARTICIPATING MERCHANT AND YOU WILL NOT BE PERMITTED TO TRANSFER SUCH FUNDS IN ANY OTHER MANNER FROM YOUR EWALLET TO ANY OTHER ENTITY OR LOCATION, INCLUDING THE TRANSFER OF FUNDS FROM YOUR EWALLET BACK TO YOUR BANK ACCOUNT.
The Services provide a convenient, closed loop payment system that allows you to purchase goods with the Flowhub Cash App from Participating Merchants located in Colorado. You can obtain a list of the Participating Merchants through the Flowhub Cash App, which will be updated from time to time. By agreeing to these Terms and Conditions, you acknowledge that you understand and agree with the following: (1) we provide the Services and the Flowhub Cash App; (2) neither your bank nor any Participating Merchant’s bank is a party to this Agreement; and (3) to the extent that your bank, or any Participating Merchant’s bank, has any responsibilities referenced by this Agreement, such responsibilities are governed by separate agreements between you and your bank, and the Participating Merchant and its bank, respectively.
2. Eligibility; Registration
2.1 Eligibility. By using the Services, you represent and warrant that you are (a) a natural person,
(b) a resident of the state of Colorado, (c) not listed on any U.S. Government list of prohibited or restricted parties, and (d) either: (i) you are 21 years old or older, or (ii) you are between 18 and 21 years and you are a resident of Colorado who has a valid medicinal marijuana card.
2.2 Registration. In order to access the Services, you will be required to register and be approved for an Account. During the registration process required to establish an Account, you may be required to provide certain personal information, including your name, address, birthdate, driver’s license number and expiration date, medicinal marijuana registration number, if applicable, email address, text-enabled cellular/wireless telephone number, social security number, bank, bank account, bank routing number, and a clear photograph of your face, unobstructed by any article of clothing. You will also be required to create a password to use the Services. You represent and warrant that the Customer Information you provide to us is accurate and complete, and you understand and agree that you are obligated to promptly notify us of any changes in such information. If you attempt to access your Account from a jurisdiction other than the state of Colorado or that is subject to certain U.S. sanctions, or if we reasonably believe that you are attempting such access or have become resident in such a jurisdiction, we may restrict your Account and any pending transactions may be cancelled. If this happens, you should contact us at the customer service contact information provided in Section 12. We are not liable for any resulting damages or losses that you may suffer as a result. You must notify Flowhub and close your Account before establishing residency in any jurisdiction other than the state of Colorado.
2.3 Your Account. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by any other persons, including minors, and you accept full responsibility for any such unauthorized use. You will not share your Account password with anyone, and you agree to (a) notify Flowhub immediately of any unauthorized use of your password or any other breach of security; and (b) exit from your Account at the end of each session. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Flowhub.
2.4 Your eWallet. In order to access certain features of the Services, you will need to have an Account and establish your eWallet in the FlowhubCash App. The eWallet is not a credit card. Rather, the eWallet is a stored value account. You will not receive any interest on the funds held
in the eWallet. By using the FlowhubCash App to set up your eWallet, you authorize us, our assignees, service providers, and affiliates to initiate ACH debits and credits, make charges to, and/or provide a private key to initiate transfers from your Funding Source to or from an account held by Make Cents at Credit Union. Funds may not be loaded any other way to your eWallet, and funds loaded to your eWallet may not be transferred back to the Funding Source or any other entity or location except for a Participating Merchant as a result of a Transaction. You will need your password to access your eWallet, manage Customer Information, and view Transaction History on the FlowhubCash App.
3. Use of services and Flowhub Cash App
3.1 Mobile Device Requirements. You must provide all equipment and software necessary to connect to the Services, including a mobile device that is suitable to connect with and use the Flowhub Cash App. To use the Services, your mobile device must have the ability to receive SMS text messages, an internet connection, and have an up-to-date version of its applicable operating system. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Services.
3.2 Conducting a Transaction. To purchase a product from a Participating Merchant, you will first need to load funds to your eWallet through the Flowhub Cash App as described above. Subject to the requirements set forth in Section 2, you may load your eWallet up to a specified dollar amount as indicated by the Flowhub Cash App. Once funds have been loaded into your eWallet, you may purchase a product from a Participating Merchant through the use of a barcode displayed in the Flowhub Cash App. Once you make a purchase, the Transaction will process through the Flowhub network and the Transaction total will be deducted from the available funds in your eWallet. The Participating Merchant may require you to provide a valid driver’s license, a valid Colorado-issued medicinal marijuana card, and/or other government-issued photo identification in connection with a Transaction.
If the funds in your eWallet are insufficient to settle a Transaction, the Transaction may be denied or partially approved for you to settle remaining balance with an alternative payment method agreed upon by you and the Participating Merchant outside of the Flowhub Network.
3.3 Transaction Review. Flowhub reserves the right to refuse or reverse any transaction that occurs in connection with the Services in Flowhub’s sole discretion, including upon notification to Flowhub by the Credit Union that such transactions are not permitted, or as may be required by applicable law. In addition, FlowHub or the Credit Union may review requested Transactions, including loads to your eWallet and transactions with Participating Merchants, and place a hold on such activities if in the sole discretion of Flowhub or the Credit Union such activity warrants further review. If such a hold is placed on eWallet activity, we will provide notice to you through the Flowhub Cash App or through other contact methods as may be directed by you. If upon review the associated activity is cleared, we will provide notice to you through the Flowhub Cash App or as otherwise directed by you. If the activity is not cleared, the load to the eWallet or the Transaction will be cancelled. In the event of a such a cancellation, and subject to applicable law, the load to your eWallet will not proceed and the associated funds will remain in your designated Funding Source and, in the case of a Transaction, the associated funds will remain in your eWallet.
3.4 Refunds from Participating Merchants. Each Participating Merchant determines its own refund policies, and Flowhub shall not be responsible for the availability of refunds or returns for any Transactions. If you obtain a refund for a Transaction, you agree that the only method by which such refund may be provided is by crediting your eWallet with the refund amount. Under no circumstances shall any funds issued as part of a refund be returned to you by the Participating Merchant or Flowhub in any other manner, including to your Funding Source, any other third- party account, or via cash or other value provided directly or indirectly to you. Further, you agree and acknowledge that any amounts credited to your eWallet for refunds may not be available for use for up to seven (7) business days from the date the refund transaction occurs, unless otherwise required by law.
3.5 eWallet Balance. You may view the remaining balance in your eWallet by logging into your eWallet on the Flowhub Cash App at any time or by calling us using the customer service contact information in Section 12 below in order to obtain the then current balance. You should keep track of the balance of your eWallet. Your eWallet balance will consist of the funds that you have in your eWallet, excluding funds subject to pending Transactions, subject to the terms of this Agreement and applicable law. You understand that you bear sole responsibility for funds necessary for any transactions involving your eWallet. You are not allowed to complete a Transaction that exceeds the available balance in your eWallet. In the event a Transaction that exceeds the balance of the funds available in your eWallet is erroneously approved, you shall remain fully liable for the total of the Transaction. You agree that Flowhub may request immediate payment from you or charge your Funding Source in the amount of any erroneous transaction that exceeds your eWallet balance. Please note that Participating Merchants will not have access to information regarding the available funds in your eWallet.
3.6 Your Funding Source. You are solely responsible for complying with any terms set by your bank, credit card issuer, and/or wallet provider with respect to your Funding Source. You may be subject to third-party fees, such as insufficient fund fees, reversal, ACH insufficient funds, transfer fees, overcharge fees, or other fees that your bank, credit card issuer, and/or wallet provider may charge. The eWallet does not constitute a checking, savings, or other bank account.
3.7 Participating Merchant’s Decision To Accept. A Participating Merchant’s decision to honor any Transaction made using available funds in an eWallet is made in its sole discretion. Without limiting the generality of the foregoing, Flowhub shall not be held liable for any damages resulting from a Participating Merchant’s decision not to accept a payment, including the cost of any substitute goods that you purchase due to such decision.
3.8 Limitations. You must be a Colorado resident and physically present in Colorado to use the Services through the Flowhub Cash App. In addition to other limitations discussed in this Agreement and disclosed to you in the Flowhub Cash App, the following limitations apply to your eWallet:
- A maximum aggregate value of up to five hundred U.S. Dollars ($500) is allowed in your eWallet at any time;
- You may not spend more than one thousand U.S. Dollars ($1,000) in a single day; and
- You may not use your eWallet at merchants that are not Participating Merchants.
3.9 Transaction History. We will maintain a record of your Transactions for five (5) years. You may access and view your Transaction History through the Flowhub Cash App.
3.10 Fees. Except as expressly provided herein, we do not charge you any fees for your use of the Services or to load funds to your eWallet. However, we reserve the right to do so in the future; we will notify you of any applicable fees through the Services. Participating Merchants may also choose to charge convenience fees for Transactions at their discretion. If such convenience fees apply, you will be notified prior to the completion of the Transaction either through your eWallet or by the Participating Merchant. Convenience fees shall in no circumstances exceed $3.00 for any single Transaction.
3.11 Unauthorized Use. You must immediately notify us using the customer service contact methods described in Section 12 of any unauthorized or suspected unauthorized Transaction or use of your eWallet. In addition, if you suspect your password has been compromised, you must promptly change your password. Even if you give us notice, you could be held liable for losses incurred by us or another party due to someone else using your eWallet in any way to execute or attempt to execute a Transaction, and you authorize us to recover any funds erroneously added to your eWallet. You may not use your eWallet to effectuate a Transaction for another person.
3.12 Cancellation. We may cancel or suspend your eWallet at any time at our sole discretion. We may for any reason discontinue offering or supporting the Services. You agree that we will not be liable to you or any third party for any modification or discontinuation of the Services. You may cancel your use of the Services by contacting us using the customer service contact methods described in Section 12. Your cancellation of the Services will not affect any of our rights or your obligations arising under this Agreement prior to termination. You may not cancel your use of the Services to evade investigations by government officials, or for similar reasons. YOU ACKNOWLEDGE AND AGREE THAT ANY CANCELLATION OF YOUR ACCOUNT OR EWALLET BY EITHER YOU OR FLOWHUB WILL NOT RESULT IN ANY REFUND OF ANY REMAINING BALANCE LEFT IN YOUR EWALLET, EXCEPT IN THE LIMITED CIRCUMSTANCE THAT FLOWHUB HAS CEASED OPERATIONS AS A BUSINESS. YOU ACKNOWLEDGE THAT ALL FUNDS LEFT IN YOUR EWALLET UPON ANY OTHER CANCELLATION OR TERMINATION ARE FORFEITED.
3.13 Consumer Liability. You understand that you must tell Flowhub at once if You believe that an electronic funds transfer has been made by a login to your eWallet or the use of your eWallet without your authorization. You should call the number or write to the email address listed in Section 12 below if you believe a transfer has been made from your eWallet without your permission. Provided that you notify us within two (2) business days after you learn of an unauthorized electronic funds transfer from your eWallet, you can lose no more than $50. If you do NOT notify us within two (2) business days after you learn of an unauthorized electronic funds transfer from your eWallet, and we can prove that we could have stopped the unauthorized transaction if you had provided such notice, you could lose as much as $500.
If any statement provided to you shows unauthorized electronic funds transfers that you did not make, including those made via your eWallet or any other means, you must immediately notify us. If you do not notify us of such unauthorized transactions within sixty (60) days after the applicable account statement was provided to you, any funds lost after such sixty (60)-day period will not be returned to you if we can prove that we could have the loss of funds if you had provided prompt notice. Such sixty (60)-day notice period will be extended if you were unable to contact us due to extenuating circumstances (such as a long trip or a hospital stay).
You understand that transactions from your eWallet resulting from or related to the following actions do not constitute unauthorized electronic funds transactions for the purposes of this Agreement: (i) giving someone access to your Account or eWallet (e.g., if you give them your username or password); (ii) you, or someone you are acting in concert with, acting with fraudulent intent; or (iii) making a misdirected payment (i.e., directing a payment to a party other than to the party to which you intended to direct such payment).
3.14 Liability of Flowhub. If we do not complete a transfer to or from your eWallet on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (a) if, through no fault of ours, you do not have enough money in your eWallet to make the transfer; or (b) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
3.15 Error Resolution. In case of errors or questions about your electronic transfers from your eWallet account, please contact us as provided in Section 12 as soon as possible. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. In such communications you must provide the following details: (a) your name and username or account number (if any); (b) a description of the error or the transfer you are unsure about, and an explanation of why you believe the transfer is an error or why you need more information; and (c) the dollar amount of the suspected error. If you provide such notification orally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five
(45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. For purposes of these disclosures, our business days are Monday through Friday, excluding United States’ holidays.
3.16 Periodic Statements. You will receive electronic monthly statements for eWallet account, unless there are no transfers in a particular month. In any case you will get an electronic statement at least quarterly. You may obtain information about the available funds in your eWallet account and a history of your transactions in the Flowhub Cash App.
4. Intellectual property
4.1 Our Exclusive Ownership of the Flowhub Cash App. Except with respect to your Customer Information, you agree that Flowhub and its affiliates and licensors own all rights, title, and interest in the Services, including but not limited to the Flowhub Cash App. All now known or hereafter known tangible and intangible rights, title, interest, copyrights, and moral rights in and to the Flowhub Cash App, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Flowhub or its affiliates. The Flowhub Cash App is protected by all applicable copyright laws and international treaties. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
4.2 Trademarks. Flowhub’s name and all related stylizations, graphics, logos, service marks and trade names used on or in connection with any Services are the trademarks of Flowhub and may not be used without permission in connection with your, or any third-party, products or services. Third-party trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
4.3 License Grants, Generally. Subject to your compliance with these Terms and Conditions, we grant you a revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable, limited license and right to access and use a copy of the Flowhub Cash App on a single mobile device that you own or control and to run such copy of the Flowhub Cash App solely for your own personal purposes in accordance with these Terms and Conditions. Any other use of the Flowhub Cash App is strictly prohibited. Furthermore, with respect to any Flowhub Cash App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use such App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this Section, with respect to any Flowhub Cash App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of such Google Play Sourced Application on a shared basis within your designated family group.
4.4 Updates. You understand that the Services are evolving. As a result, Flowhub may require you to accept updates to the Flowhub Cash App that you have installed on mobile device. You acknowledge and agree that Flowhub may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
4.5 License Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of the Services; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other parts of the Services (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using Flowhub’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Flowhub website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Flowhub, its suppliers and service providers reserve all rights not granted in the Agreement.
4.6 Collection and Use Of Technical Information. You agree that we may collect and use technical data and related information including, but not limited to, information about your use of the Services, your device, geolocation, system and application software, and peripherals, to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. We may also use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
4.7 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to us through the Flowhub Cash App suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Flowhub has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Flowhub a fully paid, royalty-free, perpetual, irrevocable, worldwide, and non-exclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Flowhub’s business.
5. Electronic communications delivery policy
5.1 Consent. By entering into the Agreement or using the Services, you agree to receive communications from us and our third-party partners, including via e-mail, text message, calls, and push notifications (collectively, “Communications”). Communications from us, our affiliated companies, and our third-party partners may include but are not limited to:
- Legal and regulatory disclosures and communications associated with the Services and your Account;
- Updates concerning new and existing features on the Services, and news concerning Flowhub and industry developments;
- Communications concerning promotions run by us or our third-party partners, including Participating Merchants and consumer product brands;
- Operational communications concerning your Account or use of the Services, including Transaction notifications; and
- All other communications between us and you concerning the Services.
By acknowledging these Terms and Conditions, you consent to our communicating with you on your mobile device, including through the use of an automatic telephone dialing system or a prerecorded or artificial voice, by SMS, MMS, text message or other electronic means and that certain information about your usage of the Services may be communicated to us. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. By providing us with a telephone number, you expressly waive any protections afforded to you under federal, state, or corporate Do Not Call lists for the purpose of receiving telephone calls or text messages from us related to your use of the Service. By providing us with a telephone number, you represent and warrant that you are the authorized subscriber to that telephone number and that you have the authority to provide consent to be contacted at that telephone number. Even if you revoke this consent, you acknowledge that the remaining sections of the Terms and Conditions will remain in effect. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Customer Information to ensure that your messages are not sent to the person that acquires your old number.
5.2 Withdrawing Your Consent. You may withdraw your consent to receive Communications electronically by writing to Flowhub using the customer service contact methods described in Section 12. If you withdraw your consent to receive Communications electronically, Flowhub reserves the right to deny, restrict, or deactivate your use of the Flowhub Cash App and your enrollment in the Services, and you acknowledge that opting out of receiving electronic Communications may impact your use of the Services. Withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior electronic Communications will not be affected.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF CALLS OR TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES.
5.3 Updating Your Contact Information. It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we nevertheless will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Flowhub and Flowhub to your email address book so that you will be able to receive the Communications Flowhub sends to you.
You can update your primary email address or street address at any time by accessing the Flowhub Cash App on your mobile device. If your email address becomes invalid such that electronic Communications sent to you by Flowhub are returned, we may deem you to be “inactive,” and you will not be able to use the Services until we receive a valid, working email address from you.
5.4 Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction that is subject to the federal Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”), and that both Parties intend that the E- Sign Act applies to the fullest extent possible to validate our ability to conduct business with you by electronic means.
6. Third-party agreements
6.1 Participating Merchants. The Services can be used to facilitate the purchase of products through the Services from Participating Merchants. All matters concerning the products desired from a Participating Merchant, including but not limited to purchase terms, payment terms, warranties, guarantees and delivery, are solely between you and the Participating Merchant. Flowhub makes no warranties or representations whatsoever with regard to any products provided by Participating Merchants. You will not consider Flowhub, nor will Flowhub be construed as, a party to such transactions, whether or not Flowhub may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. We do not insure, endorse, or assume any liability for goods and services you purchase from a Participating Merchant.
6.2 Third-Party Websites, Applications and Ads. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third- Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Flowhub. Flowhub is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Flowhub provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.3 App Stores. You acknowledge and agree that the availability of the Flowhub Cash App and the Services is dependent on the third party from whom you received the Flowhub Cash App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Flowhub and not with the App Store. Flowhub, not the App Store, is solely responsible for the Services, including the Flowhub Cash App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Flowhub Cash App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Flowhub Cash App. You agree to comply with, and your license to use the Flowhub Cash App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Flowhub Cash App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
6.4 Accessing and Downloading the Flowhub Cash App from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(a) You acknowledge and agree that (i) the Agreement is concluded between you and Flowhub only, and not Apple, and (ii) Flowhub, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Flowhub and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Flowhub.
(d) You and Flowhub acknowledge that, as between Flowhub and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Flowhub acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application
infringes that third party’s intellectual property rights, as between Flowhub and Apple, Flowhub, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
(f) You and Flowhub acknowledge and agree that Apple, and Apple’s subsidiaries, are third- party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
7.1 Compliance With Law And Accuracy Of Payments. You are solely responsible for ensuring that your use of the Flowhub Cash App and the Services are in conformance with applicable federal, state and local laws and regulations (with the exceptions of any federal laws regarding the sale, use, or distribution of state-legal marijuana). You acknowledge that you are responsible for the accuracy of all payments sent using the Flowhub Cash App as part of the Services, including, but not limited to, the accuracy of the amount paid and the recipient of payment.
7.2 Disputes With Participating Merchants. If you have a dispute with a Participating Merchant regarding goods or services purchased with your eWallet, you agree that Flowhub shall not be involved in that dispute and to resolve that dispute solely with the Participating Merchant. You acknowledge that we are only hosting the FlowhubCash App and providing the Services, and marketing and managing the eWallet program, including facilitating the payment transaction between the Participating Merchants and you. Accordingly, you hereby release Makes Cents, Flowhub, our affiliates, and their respective officers, directors, agents, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. We reserve the right, but have no obligation, to become involved in any way with disputes between you and a Participating Merchant in connection with the Services.
7.3 Indemnification. You agree to defend, indemnify and hold harmless Makes Cents, Flowhub, our affiliates, and their respective officers, directors, agents, employees, and representatives from any third party claims, actions, proceedings, and suits and related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) arising from:
(a) your violation of these Terms and Conditions;
(b) your use of the Services;
(c) any purchases you make through Services;
(d) your actual or alleged violation of any third party rights, or Applicable Laws; or
(e) the actions or inactions of any third party to whom you grant permission to use your eWallet.
7.4 LIMITATION OF LIABILITY. IN NO EVENT SHALL FLOWHUB, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH: (i) THESE TERMS AND CONDITIONS, (ii) YOUR USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE FLOWHUB CASH APP OR SERVICES, OR (iii) ANY GOODS PURCHASED, RECEIVED, OR PAID FOR USING THE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, REGARDLESS OF WHETHER FLOWHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER MAKES CENTS NOR FLOWHUB WILL BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO FLOWHUB BY YOU DURING THE THREE (3)-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF MAKES CENTS OR FLOWHUB FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A FLOWHUB’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY MAKES CENTS’ OR FLOWHUB’S FRAUD OR FRAUDULENT MISREPRESENTATION.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLOWHUB AND YOU.
7.5 Force Majeure. We shall not be liable for any delay or failure in the performance or in delivery or shipment of materials, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, pandemics, epidemics, quarantines, strikes, acts of governmental agencies, labor difficulties, failure of our power, telecommunications or other suppliers, public health emergencies, computer viruses or other malware, security breaches, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment, or any other cause or causes beyond our control, whether or not similar to those enumerated herein.
8. No warranty; Disclaimers
THE SERVICES AND THE FLOWHUBCASH APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. USE OF THE SERVICES AND THE FLOWHUBCASH APP ARE AT YOUR OWN RISK. FLOWHUB, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND REPRESENTATIVES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, DATA SECURITY, VIRUS FREE OPERATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLOWHUB DOES NOT HAVE CONTROL OF, OR LIABILITY FOR, ANY PRODUCTS THAT ARE PAID FOR IN CONNECTION WITH YOUR USE OF THE SERVICES AND CANNOT ENSURE THAT ANY THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE TRANSACTION. FLOWHUB DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS, UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLOWHUB OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION OR SETTLEMENT OF TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9.1 Prohibited Conduct. You agree that in connection with your use of the Flowhub Cash App, and the Services, and your interaction with us, you will not:
(i) breach these Terms and Conditions;
(ii) provide false or inaccurate information to us, including identity information;
(iii) engage in transactions involving illegal activities, goods, or services (except those involving the sale, distribution, or use of state-legal marijuana);
(iv) engage in transactions involving sexually-oriented materials or services;
(v) engage in transactions involving ammunition, firearms, or firearm parts or accessories;
(vi) engage in transactions involving the sale of traveler’s checks or money orders;
(vii) engage in transactions involving currency exchanges or check cashing businesses or digital currencies such as bitcoins;
(viii) infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(ix) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(x) violate any posted Acceptable Use Policy;
(xi) exploit the Services and Flowhub Cash App in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity;
(xii) export the Flowhub Cash App software outside of the United States; or
(xiii) use the Flowhub Cash App or the Services for commercial purposes.
9.2 Consequence of Prohibited Conduct. If we have reason to believe that you have engaged in any action prohibited by Section 9.1 or any of term of these Terms and Conditions, we may take various actions, including, but not limited to, the following:
(i) close, suspend, terminate, or limit your access to the Flowhub Cash App your enrollment in the Services, and your Account;
(ii) contact your bank, law enforcement, or impacted third parties; and
(iii) take legal action against you.
10.1. Termination By You. You may terminate your use of the Services and the Flowhub Cash App at any time by contacting Flowhub customer service via the contact methods described in Section
12. You will remain responsible for the payment of any pending Transactions at the time of termination.
10.2. Termination By Us. We may terminate your access to the Flowhub Cash App and your enrollment in the Services at any time, for any reason, without liability. Reason for termination may include, but is not limited to, your violation of these Terms and Conditions. To the extent possible, we will use commercially reasonable efforts to provide advance notice to you of termination.
10.3. Effect Of Termination. Upon termination by either you or us, you will no longer be able to conduct Transactions using the Flowhub Cash App, nor will you be able to access your eWallet or your Transaction History. Notwithstanding termination, you may request a written copy of your Transaction History by contacting us via the contact methods described in Section 12.
11. Unclaimed property
If there is no record of eWallet activity for three (3) or more years, Applicable Law may require us and/or Credit Union to report and pay any unclaimed funds remaining in your eWallet, subject to permissible fees, as unclaimed property to the state of Colorado. Should your eWallet have a remaining balance after three (3) years elapse from your latest Account or eWallet activity, we and/or Credit Union may be required to remit those funds to the Colorado State Treasurer.
12. Customer service
If you have questions or concerns regarding these Terms and Conditions or your use of the Services, you may contact us at 1-844-FLOWHUB (1-844-356-9482) between the hours of 8:00 am and 8:00 pm Mountain Standard Time, every day, excluding federal holidays, or e-mail us at email@example.com. Our mailing address is 1630 Welton Street, Ste. 200b, Denver, Colorado, 80202.
13. Survival of certain terms
In the event of termination of your use of the Flowhub Cash App and/or enrollment in the Services, the provisions herein that by their nature are continuing shall survive such termination, including, but not limited to, Sections 7, 8, and 16.
14. Choice of law
The laws of the state of Colorado, without regard to principles of conflict of laws, govern these Terms and Conditions and any claim or dispute that has arisen or may arise between you and us. If you opt-out of the arbitration provision (Section 15 of these Terms and Conditions), any dispute relating to these Terms and Conditions shall be enforced only in state or federal courts located in Colorado. You consent to personal jurisdiction in such courts and waive any argument that proceedings in such courts are not convenient.
15.1. Opt-Out Process. If you do not wish to be subject to this Arbitration Provision, you must notify Flowhub in writing within sixty (60) calendar days of registering for the Services at the following address identified in Section 12. Your written notice must include your name, address, social security number, and a statement that you wish to opt out of the Arbitration Provision of the Terms and Conditions.
15.2. Initiation of Arbitration Proceeding/Selection Of Administrator. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Flowhub, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify, and (b) you or Flowhub may seek equitable relief in court for infringement or other misuse of intellectual property rights. This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement. Claims shall be referred to either the Judicial Arbitration and Mediation Services (“JAMS”), or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you have the right within thirty (30) days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator. For a copy of the procedures to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.
15.3. Significance of Arbitration. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR FLOWHUB WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
15.4. Restrictions on Arbitration. If either Party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There is no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users of the Services or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.
15.5 Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this Arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.
15.6 Location Of Arbitration/Payments Of Fees. Any arbitration hearing that you attend shall take place in the federal judicial district of your primary residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal).
15.7 Continuation. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors and assigns. This Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. This Arbitration Provision shall survive termination of your use of the Flowhub Cash App and enrollment in the Services and these Terms and Conditions as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Flowhub’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We reserve the right to transfer or assign these Terms and Conditions or any right or obligation hereunder at any time.
17. Integration; Binding agreement
Our failure to act with respect to a breach of any of your obligations under these Terms and Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms and Conditions is deemed to be illegal or unenforceable, such provision shall be enforced to the extent possible, and any remaining illegality or unenforceability will not affect the validity or enforceability of any other provisions of these Terms and Conditions, which together will be construed as if such illegal or unenforceable provision had not been included herein.
20. Section titles
The section headings are for convenience of reference only and are not to be considered as parts, provisions or interpretations of these Terms and Conditions. You may not transfer or assign any rights or obligations you have under these Terms and Conditions without our prior written consent.
“Account” means an active Flowhub Cash App user account in good standing through which a user has complied with and maintains all registration requirements and eligibility standards set forth in Section 2 of this Agreement. For the avoidance of doubt, a user account which has been suspended or terminated by Flowhub for any reason, or which has been otherwise deemed to have violated these Terms and Conditions, shall not be in good standing.
“ACH” means the Automated Clearing House network for the electronic funds transfer system governed by the NACHA Rules.
“Applicable Law” means, as applicable, all federal, state or other governmental statutes, codes, ordinances, laws, regulations, rules, guidance, written directives, orders and decrees applicable to the Services or the NACHA Rules.
“Claim” means any claim, dispute, or controversy between you and us arising from or relating to the Services, the Flowhub Cash App, and/or these Terms and Conditions.
“Credit Union” means Partner Colorado Credit Union, National Credit Union Administration Charter Number 62903, at which: (1) Flowhub holds your stored value funds in a deposit account owned by Flowhub; and (2) the Participating Merchants hold a deposit account into which Flowhub settles the proceeds of a Transaction owed to such Participating Merchants.
“Customer Information” means any information collected by us from users of the Services, including name, address, date of birth, social security number, phone number, photograph, username, password, driver’s license number and expiration date, and medicinal marijuana registration number, if applicable.
“Data” means Transaction Information and Customer Information.
“eWallet” means the mobile wallet provided by us that enables you to make a Transaction.
“Flowhub Cash App” means the mobile-based payments software operated by us to facilitate payments from eWallets to Participating Merchants.
“Funding Source” means the account, card, or wallet used to transfer funds into your eWallet and could include a checking or share draft account at a U.S. depository financial institution.
“NACHA” means the National Automated Clearing House Association.
“NACHA Rules” means the bylaws, operating rules, guidance or other requirement of NACHA, as amended from time to time.
“Participating Merchant” means a retail merchant that: (1) is identified on the Flowhub Cash App;
(2) accepts payment for goods through the Flowhub network; (3) is a member of the Credit Union and holds a deposit account at the Credit Union into which Flowhub deposits proceeds of Transactions; and (4) is a licensed Colorado dispensary.
“Services” means the services provided by us to provide a closed-loop payments network, including access to and use of our software, including the Flowhub Cash App and eWallet.
“Transaction” means a Customer’s purchase of goods from a Participating Merchant utilizing the Services.
“Transaction History” means a record of a user’s Transactions with Participating Merchants using the Services.
“Transaction Information” means information generated in connection or related to a Transaction utilizing the Services.