Effective date: June 1, 2017
Use of the App
By using the Services on the App, you are expressly agreeing to be bound by these Terms. We include the Terms’ effective date at the top of the Terms. We may modify the Terms from time to time without notice to you, except as may be required by law; if we do we will post the revised Terms with a revised effective date. Check the “Help” page on the App to see our most current Terms. By using the App following any modifications to the Terms, you agree to be bound by such modifications. You also agree to comply with all applicable third party terms of agreement when using our App (e.g., you must not be in violation of your wireless data service agreement when using the App).
BTS makes the App available so that users may access the Services via a mobile device. To use the App, you must have a mobile device that is compatible with the Service. BTS does not warrant that the App will be compatible with your mobile device. You acknowledge that BTS may from time to time issue upgraded versions of the App, and may require you to upgrade the version of the App that you are using on your mobile device to continue using the Services. You agree that these Terms will apply to all such upgrades.
User age and access. By using the App you represent that you are at least 18 years of age or older. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The App may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App.
The App may be used to transmit funds to a pre-designated beneficiary at one of our remittance network members (the “Money Transmission Service”) and to receive funds transmitted through the App.The Money Transmission Service allows users to initiate payments electronically from any of their funding accounts for which the Money Transmission Service is available.
Rules and Limits on Use; Modifications to the App
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the App, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so.
Specific Prohibited Uses.
The App may be used only for lawful purposes by individuals using authorized services of BTS. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the App. BTS specifically prohibits any use of the App, and requires all users to agree not to use the App, for any of the following:
a. Posting any information which is incomplete, false, inaccurate, unlawful, harassing, libelous, obscene, or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the App to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the App’s or BTS’ networks or network security, or attempting to use App’s service to gain unauthorized access to any other computer system, or attempting to post or transmit any information that constitutes a virus, bug or other harmful item;
i. Violating any terms or conditions or any other agreement you may have with any third party (including without limitation any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party’s data without their permission;
j. Violating any state, federal or local law or regulation, including without limitation any restrictions on transmission of data under the CAN-SPAM Act or the Telephone Consumer Protection Act.
Violations of system or network security may result in civil or criminal liability. BTS will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the App, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the App, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, text messages, in-app messages including promotions and/or advertising of products or services;
d. Reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the App, or
e. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Text Messages, Calls and/or Emails
By providing us with a telephone number (including a wireless/cellular, mobile telephone number and/or email address), you consent to receiving calls, text messages, and emails from us, our service providers, and the Service at that number and/or e-mail address for our everyday business purposes (including identify verification). You acknowledge and agree that such telephone “calls” include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. Message and Data Rates May Apply. If you have questions about the Service, you may send a text message with the word “HELP” in reply to a text message. To stop receiving text messages on your mobile phone, text “STOP” in reply to a text message. By agreeing to receive text messages through the Service, you are also consenting to receive a final confirmation text message if and when you choose to opt out of receiving text messages through the Service.
You acknowledge and agree that when you use the Service to send money, you will cause text messages or in-app messages to be delivered to the recipient’s mobile device. By using this Service, you represent and warrant that you have all necessary authority and permission to send text messages to the recipient’s mobile phone number provided in your payment instruction. You will indemnify, defend, and hold harmless and release BTS and its affiliates, service providers, and their employees from and against any claims, actions and other proceedings arising out of or relating to a recipient’s receipt of a text message pursuant to your payment instruction.
As between you and BTS, (or other company whose marks appear on or via the App), BTS (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the App, and is the copyright owner or licensee of the Content and/or information on the App, unless otherwise indicated.
Except as otherwise provided herein, use of the App does not grant you a license to any Content, features or materials you may access on the App and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the App is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by BTS. If you make use of the App, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the App.
The information on the App including, without limitation, all design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of BTS or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
The BTS logos and service names are trademarks of BTS (the “BTS Marks”). Without BTS’ prior permission, you agree not to display or use BTS Marks in any manner. Nothing on the App should be construed to grant any license or right to use any BTS Mark without our prior written consent.
You agree to defend, indemnify and hold BTS, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the App, your violation of the Terms or the posting or transmission of any materials on or through the App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.