01About these terms
These terms are an agreement between you and Banked, operated by Noir Global (“Banked”, “we”, “us”). They apply when you visit bankedglobal.com, join the early-access list, or use the Banked platform at app.bankedglobal.com and pay pages at mybanked.com (together, the “Service”). By using the Service, you agree to these terms and to ourprivacy policy. If you don’t agree, please don’t use the Service.
Banked is opening in stages. Some features described on our website are not available yet, and what we build may change.
02Banked is not a bank
Banked is a software company, not a bank. It does not accept deposits, hold your funds, or transmit money.
At this stage, no money moves through Banked. When someone pays you using your pay page or an invoice, the payment goes directly from them to you through the bank or payment app they choose. Banked shows the ways you can be paid and keeps records; it is never a party to the payment.
If we offer payment features in the future, such as card payments on invoices or payouts for agencies, they will be provided by regulated payment partners under additional terms that we will show you before you use them.
03Early access
Joining the early-access list is free. It puts you in line to hear from us when membership opens; it doesn’t guarantee access by a particular date, a particular handle, or a membership card. The name you engrave on the website is a preview. We may open access in stages and limit who can join.
04Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract.
- Give us accurate information and keep it up to date.
- Keep your sign-in secure. You are responsible for what happens under your account; tell us straight away if you think someone else has used it.
- If you use Banked for an agency or a company, you confirm you have authority to accept these terms for it, and “you” includes that organisation.
05Your pay page and content
You own the content you add to Banked, including your pay page, profile, invoices and records. You give us a limited licence to host, store, display and process that content only to run the Service, including showing your pay page and invoices to the people you share them with.
You are responsible for your content and for making sure it is accurate and lawful: that the pay methods, handles and account details you list are yours, that your invoices are correct, and that you have the right to publish what you publish. We may remove content or unpublish a pay page that breaks these terms or the law.
Handles are not property. We may reclaim or change a handle that impersonates someone, infringes a trademark or is left unused, and we reserve some handles.
06Payment apps and other services
Banks, payment apps (such as Zelle, Venmo, Cash App, PayPal and Apple Cash), crypto wallets and networks, and Plaid are independent services with their own terms. Banked is not affiliated with them unless we say so. We don’t control them and aren’t responsible for their payments, fees, limits, delays, reversals, disputes or availability. Any problem with a payment is between you, the payer and that service.
Bank connections in Books are provided by Plaid and are read-only. By connecting an account, you also agree to Plaid’s terms and acknowledge thePlaid End User Privacy Policy.
07No financial, tax or legal advice
Banked provides software tools. Categories, totals, statements, split calculations and tax estimates are produced from the information you and your connections give us, and are for your information only. They are not financial, investment, accounting, tax or legal advice, and they may be wrong if the underlying data is wrong.
You are responsible for your own records, filings and payments to tax authorities. Check anything important with a qualified professional.
08Partner CPA and law firm
When available, Banked can connect you with an independent partner CPA, who prepares, signs and files tax returns, and an independent partner law firm, which reviews contracts and sends demand letters. They are independent of Banked. If you use them, you engage them directly under their own terms, and they alone are responsible for the professional services and advice they give you.
Banked is not a law firm or an accounting firm, does not supervise or direct their professional judgement, and does not share in the law firm’s legal fees.
09Agencies
If you use Banked as an agency, you are responsible for your agreements with your creators, the splits you set, the accuracy of the revenue you enter or import, and your own payment and tax-reporting obligations. Banked calculates splits, statements and totals from that information. Payout records in Banked record payments you made elsewhere; they are not payments. Year-end totals are prepared for your CPA to review.
You confirm that you have the right to add your creators’ information to Banked and that you will tell them how it is used.
10Acceptable use
Use Banked only for lawful activity. You must not:
- use it for fraud, money laundering, sanctions evasion or anything illegal where you or your payers are;
- impersonate anyone, or list pay methods or accounts that aren’t yours;
- publish content that infringes someone else’s rights or is unlawful;
- try to access accounts or data that aren’t yours, or get around our security or limits;
- upload malware, or disrupt, overload or reverse-engineer the Service;
- scrape or harvest data from Banked or its pay pages without our written permission.
11Fees
Early access is free. If we introduce paid plans or fees, we will tell you the price and the terms before you are charged, and you can choose not to continue.
12Our intellectual property
The Banked name, logo, membership card design, website and software belong to us or our licensors. We give you a limited, personal, non-transferable right to use the Service under these terms. If you send us feedback, we may use it without owing you anything.
13Disclaimers
The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t promise that the Service will be uninterrupted, error-free or available at any particular time, or that any feature will launch.
14Limitation of liability
To the extent the law allows, Banked and Noir Global will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim and US$100.
Some places don’t allow these limits, so they may not all apply to you.
15Indemnity
To the extent the law allows, you agree to defend and compensate Banked for claims, losses and costs (including reasonable legal fees) arising from your content, your use of the Service, or your breach of these terms or the law.
16Suspension and termination
You can stop using Banked and ask us to close your account at any time. We may suspend or close your account, or remove you from the early-access list, if you break these terms, if we must to comply with the law, or to protect Banked, our users or others. Where we reasonably can, we will tell you first. Sections that by their nature should survive, such as disclaimers, limits of liability and indemnity, survive termination.
17Governing law and disputes
These terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. If you have a dispute with us, please write to hi@noirglobal.io first; we will try to resolve it informally within 30 days. If we can’t, the dispute will be decided by the state or federal courts located in Delaware, and you and we consent to their jurisdiction. Nothing here takes away rights you have under the laws of the place you live that can’t be waived by contract.
18Changes to these terms
We may update these terms as Banked grows. We will change the date at the top, and if a change is significant we will tell you by email or in Banked before it takes effect. If you keep using the Service after a change takes effect, the new terms apply.
19Contact
Questions about these terms: hi@noirglobal.io.