Last updated: July 27, 2026
This Business Account & Electronic Services Agreement governs the establishment and administration of a Indexos business Account and the use of business, card-management, payment, wallet, connected-account, and related financial technology services made available through Indexos. This Agreement replaces Indexos’s general User Agreement and E-Sign Consent. IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS AN ELECTRONIC COMMUNICATIONS CONSENT, AUTHORIZATIONS CONCERNING BUSINESS BANK ACCOUNTS AND PAYMENTS, AND TERMS GOVERNING AUTHORIZED USERS, CARDS, SPENDING CONTROLS, AND THIRD-PARTY FINANCIAL PRODUCTS. The Indexos Terms of Use contain a binding arbitration agreement, class action waiver, jury trial waiver, disclaimer of warranties, indemnification obligations, and limitations of liability. Those provisions are incorporated into this Agreement. By creating an Account, submitting an application, clicking a button indicating acceptance, activating or using a Card, using a Service, or otherwise accepting this Agreement electronically, you agree to this Agreement on behalf of yourself and the Business you represent. If you do not have authority to bind the Business, you may not accept this Agreement or use the Services.
This Agreement is between: • Indexos, LLC, referred to as “Indexos,” “we,” “us,” or “our”; and • The Business identified during registration or onboarding, together with the person accepting this Agreement on its behalf. “you” and “your” refer to the Business and, where appropriate, the individual accepting or using the Services on its behalf.
“Account” means a Indexos business account or profile through which the Business and its Authorized Users access the Services. “Account Administrator” or “Administrator” means an owner, officer, employee, or other individual authorized to administer the Account, invite or remove Authorized Users, establish permissions, request Cards, manage controls, or take other actions for the Business. “Authorized User” means an owner, officer, employee, contractor, cardholder, manager, administrator, viewer, or other individual whom the Business permits to access the Account or use a Financial Product. “Business Data” means information, documents, receipts, invoices, transaction records, job information, customer information, user information, financial information, and other data provided by or on behalf of the Business. “Card” means a physical or virtual commercial payment card made available through the Services. “Designated Account” means a business bank account designated for funding, settlement, repayment, fees, ACH entries, or other authorized transactions. “Financial Product” means a Card, commercial credit product, wallet, payment service, ACH service, bill-payment service, funds-transfer service, bank-data connection, or related product made available through the Services. “Product Agreement” means a cardholder agreement, issuing-bank agreement, credit agreement, financing agreement, wallet agreement, deposit or custodial agreement, payment authorization, ACH authorization, fee schedule, privacy notice, or other agreement governing a Financial Product. “Program Partner” means an issuing bank, lender, creditor, financial institution, program manager, processor, card network, bank-data provider, payment provider, identity-verification provider, compliance provider, servicer, custodian, or other third party that provides or supports a Financial Product. “Services” means the Indexos website, Account, dashboard, software, applications, integrations, card-management tools, spending controls, job-costing tools, payment tools, wallet functionality, reporting, analytics, and related services.
The following documents may apply to your use of the Services: • This Agreement; • The Indexos Terms of Use; • The Indexos Privacy Policy; • Product Agreements; • Fee schedules, service orders, pricing disclosures, or product disclosures; • ACH or payment authorizations; and • Other terms expressly accepted by the Business. The Privacy Policy governs Indexos’s handling of Personal Information. The Terms of Use govern general platform use, intellectual property, acceptable use, disclaimers, liability limitations, indemnification, and disputes with Indexos. This Agreement governs Account administration, Authorized Users, Indexos-level card and payment functionality, connected accounts, and electronic communications. Product Agreements govern the applicable Financial Product. If documents conflict: • Product Agreements control with respect to the applicable Financial Product; • A product-specific fee schedule or payment authorization controls regarding the applicable fee or authorization; • This Agreement controls regarding Account administration and Indexos’s Services; • The Terms of Use control regarding general platform use and disputes with Indexos; and • The Privacy Policy controls regarding Indexos’s privacy practices.
Indexos is a financial technology company. Indexos is not a bank. Financial Products may be issued, funded, held, processed, underwritten, serviced, collected, or otherwise provided by Program Partners. Unless expressly stated in a Product Agreement, Indexos is not: • A card issuer; • A lender or creditor; • A bank or depository institution; • A money transmitter; • A card network; • A payment processor; • A custodian of customer funds; or • A fiduciary. Indexos may provide: • The customer-facing platform; • The onboarding experience; • Account-management functionality; • Card controls; • Job-costing tools; • Payment instructions; • Reporting; • Integrations; • Analytics; • Support coordination; and • Related technology and administrative services. Indexos may use nonpublic subcontractors and program service providers to operate and support the Services. Indexos is not required to identify every subcontractor, processor, technology provider, or program service provider by name except where identification is required by law, a Program Partner, a card network, or a Product Agreement. Before activating or using a Financial Product, the applicable Product Agreement will identify, where required: • The Card issuer; • The creditor or lender; • The institution holding funds; • The applicable card network; • The party responsible for servicing or collections; and • Other legally responsible providers. The use of Indexos branding does not alter the identity or legal responsibilities of the provider identified in a Product Agreement.
The Account and Financial Products are intended solely for legitimate commercial purposes. They may not be used primarily for personal, family, or household purposes. By accepting this Agreement, you represent and warrant that: • The Business is validly existing or is a legitimate sole proprietorship; • You are at least 18 years old; • You are located in the United States; • You have authority to bind the Business; • All information submitted is complete and accurate; • The Business will use the Services only for lawful commercial purposes; • The Business is not using the Services to evade consumer-finance laws; • The Business is not prohibited from using the Services; and • The Business will comply with this Agreement and all Product Agreements.
The Business may be required to submit an application and supporting documentation. Submitting an application does not guarantee approval for an Account or Financial Product. Indexos or a Program Partner may: • Approve or reject an application; • Request additional information; • Restrict product availability; • Establish or change a credit or transaction limit; • Require reserves or additional verification; • Delay activation; • Withdraw a conditional approval; • Limit features; • Suspend access; or • Require acceptance of additional Product Agreements. A preliminary offer, prequalification, displayed limit, or marketing statement is not a binding commitment to provide credit or another Financial Product.
The Business authorizes Indexos and its Program Partners to verify information concerning: • The Business; • Owners and beneficial owners; • Officers, directors, and managers; • Controlling persons; • Administrators; • Authorized Users; • Bank accounts; and • The Business’s commercial and financial condition. Verification may include: • Reviewing public and government records; • Reviewing business and commercial credit information; • Confirming tax identification information; • Confirming bank-account ownership; • Reviewing financial statements and transaction information; • Screening sanctions and government lists; • Using identity-verification and fraud-prevention providers; • Requesting government identification; • Requesting formation and ownership documents; and • Contacting banks, vendors, references, or other persons where authorized. You agree to provide requested information and cooperate with verification, underwriting, fraud-prevention, and compliance reviews. No Consumer Credit Pull Authorization Acceptance of this Agreement does not authorize Indexos or a Program Partner to obtain a consumer credit report or perform a personal credit inquiry. Indexos will not perform a consumer credit pull based solely on your acceptance of this Agreement or use of the Services. If a Program Partner proposes to obtain a consumer report, it must provide any required disclosure and obtain a separate, clear authorization before doing so. Business-credit inquiries, bank-account verification, cash-flow analysis, fraud screening, identity verification, sanctions screening, and reviews of commercial information are distinct from a consumer credit pull.
The Business must promptly notify Indexos of any material change to: • Legal or trade name; • Address; • Telephone number or email address; • Tax identification number; • Ownership or control; • Beneficial owners; • Business activities; • Organizational status; • Account authority; • Financial condition where relevant to a Financial Product; • Designated Accounts; • An Authorized User’s employment or authority; or • Information previously submitted. The Business may not continue using an Account under outdated, false, or materially incomplete information.
The Business may designate one or more Administrators. An Administrator may be authorized to: • Accept agreements; • Submit applications; • Invite, manage, or remove Authorized Users; • Request physical or virtual Cards; • Set or change permissions; • Establish or change spending controls; • Connect bank accounts and integrations; • Initiate payments; • View financial and transaction information; • Submit disputes; • Assign transactions to jobs or projects; • Download records; • Communicate with Indexos and Program Partners; • Close or suspend features; and • Otherwise act for the Business. Indexos and Program Partners may rely on an Administrator’s instructions until notified that the Administrator’s authority has been revoked and given a reasonable opportunity to act. The Business is responsible for selecting Administrators and reviewing their actions.
The Business may permit Authorized Users to use designated portions of the Services. The Business is responsible for: • Determining who should be an Authorized User; • Establishing each user’s authority; • Providing accurate user information; • Training users; • Monitoring user activity; • Establishing appropriate controls; • Ensuring compliance with business policies; • Removing access when authority changes; • Recovering physical Cards and devices; and • Reporting suspected misuse. The Business is responsible for actions taken by an Authorized User within the user’s actual, apparent, or implied authority. The Business may also be responsible for actions exceeding internal restrictions where a merchant, Program Partner, or other third party reasonably treats the transaction as authorized or where a Product Agreement allocates responsibility to the Business. An Authorized User does not acquire ownership rights in an Account, Card, wallet balance, credit line, reward, or other Financial Product.
The Business and each Authorized User must: • Maintain unique credentials; • Protect passwords and authentication codes; • Use multifactor authentication where available; • Protect physical Cards and devices; • Not share individual credentials; • Review Account activity; • Maintain secure devices and networks; • Restrict administrative access; • Notify Indexos immediately of suspected unauthorized access; and • Cooperate with security and fraud investigations. We may require additional authentication, password resets, transaction verification, or other security measures.
A. Commercial Cards Cards are commercial cards intended for business use. Cards may be physical or virtual and may be issued to the Business or an Authorized User. A Card remains the property of the issuing bank and must be surrendered, destroyed, or discontinued when required. B. Acceptance and Activation A Card may be used only after any required activation and acceptance of the applicable Product Agreement. Activating or using a Card constitutes acceptance of the Product Agreement applicable to that Card. C. Permitted Use Cards may be used only: • For legitimate business expenses; • By an authorized person; • Within applicable limits and controls; • In compliance with law; • In compliance with the Business’s policies; and • In compliance with Product Agreements and card-network rules. D. Prohibited Use A Card may not be used to: • Obtain unlawful goods or services; • Commit fraud or money laundering; • Evade sanctions; • Test unauthorized credentials; • Manufacture spending or rewards; • Cycle funds; • Split transactions to avoid limits; • Obtain cash or cash equivalents unless expressly enabled; • Purchase personal goods or services; • Circumvent a merchant-category restriction; • Misrepresent the nature or purpose of a transaction; or • Engage in activity restricted by a Product Agreement. E. Limits and Controls Cards may be subject to: • Overall Account limits; • Individual Card limits; • Daily, weekly, monthly, or transaction limits; • Merchant restrictions; • Merchant-category restrictions; • Geographic restrictions; • Time or date restrictions; • Project or job limits; • Velocity limits; • Cash-access restrictions; • Program Partner controls; and • Other risk controls. A limit does not guarantee that all transactions up to that amount will be approved. F. Authorization and Settlement A transaction may be authorized, declined, adjusted, reversed, or settled based on information supplied by the merchant, card network, processor, issuer, and Program Partners. The amount initially authorized may differ from the amount finally settled because of: • Tips; • Estimated authorizations; • Incremental authorizations; • Fuel, lodging, rental, or similar merchant practices; • Returns and refunds; • Partial shipments; • Delayed presentment; • Currency conversion; • Reversals; or • Merchant corrections. G. Recurring Transactions The Business is responsible for canceling recurring transactions directly with the merchant. Canceling a Card or closing an Account may not cancel the Business’s underlying obligation to a merchant.
The Services may allow the Business to establish controls based on: • Employee; • Team; • Job; • Project; • Customer; • Property; • Vendor; • Merchant; • Merchant category; • Amount; • Date; • Frequency; • Location; • Vehicle; • Expense type; or • Other criteria. Spending controls are management tools and do not guarantee that every transaction outside the intended restriction will be declined. Controls may not work as intended because of: • Incorrect merchant-category codes; • Payment facilitators; • Offline authorization; • Delayed settlement; • Estimated authorizations; • Recurring charges; • Merchant processing practices; • Card-network rules; • Technical limitations; • System outages; or • Incorrect settings. The Business remains responsible for monitoring transactions and enforcing its policies.
The Services may allow a Card, transaction, invoice, receipt, or payment to be associated with a job, property, project, customer, claim, team, employee, vehicle, or vendor. Assignments may be made by: • An Administrator; • An Authorized User; • A merchant; • An integration; • A Program Partner; or • An automated classification system. The Business is responsible for reviewing: • Job assignments; • Expense classifications; • Accounting categories; • Receipts and documentation; • Shared or overhead allocations; • Tax treatment; • Insurance or claim-file treatment; and • Information exported to another system. Indexos’s job and expense tools do not replace the Business’s official accounting, tax, insurance-claim, or legal records.
The Business must immediately report: • A lost or stolen Card; • A compromised Card number; • Unauthorized Account access; • A compromised credential; • An unfamiliar transaction; • Suspected fraud; or • An incorrect transaction. Reports must be made through the method identified in the dashboard or applicable Product Agreement. The Business must review Account activity and statements promptly. Failure to report within the period stated in the Product Agreement may limit available remedies. Commercial Cards may not receive the same unauthorized-use and error-resolution protections available to consumer cards.
The applicable Product Agreement governs: • Unauthorized-use liability; • Dispute deadlines; • Documentation requirements; • Provisional credits; • Chargebacks; • Investigation procedures; • Dispute fees; and • Final determinations. The Business is responsible for resolving disputes concerning the quality, condition, delivery, or suitability of goods or services directly with the merchant. A commercial disagreement with a merchant, vendor, employee, customer, property owner, insurer, public adjuster, subcontractor, or other third party does not necessarily create a right to reverse or withhold a transaction. Indexos does not guarantee that a dispute or chargeback will be successful.
Certain Cards or Services may access commercial credit made available by a Program Partner. The applicable Product Agreement will identify: • The creditor or lender; • The credit limit; • Payment obligations; • Repayment timing; • Fees or finance charges; • Automatic-payment requirements; • Default events; • Collection rights; • Any reserve, security interest, guaranty, or setoff right; • Suspension and termination rights; and • Other credit terms. Indexos does not extend credit unless expressly identified as the creditor in a Product Agreement. Credit approval, limits, repayment terms, pricing, servicing, and collection decisions may be made by a Program Partner. Nothing displayed in the Indexos dashboard changes an obligation under a Product Agreement.
The Business may be required to connect and maintain one or more Designated Accounts. The Business represents and warrants that: • Each Designated Account is a business account; • The Business owns the account or is authorized to use it; • The person connecting the account has authority; • The account information is accurate; • The account may lawfully be used for the intended entries; and • The Business will maintain sufficient available funds for authorized debits. The Business must promptly update Designated Account information if an account is closed, restricted, compromised, or unavailable.
When the Business links a Designated Account, selects an ACH payment method, enables automatic payment, submits a payment instruction, or affirmatively accepts an ACH authorization, the Business authorizes Indexos, the applicable Program Partners, their originating financial institutions, and their processors to initiate electronic credits and debits as necessary to: • Fund or withdraw from a wallet; • Pay Card balances; • Repay credit obligations; • Pay subscription or service fees; • Pay transaction or processing fees; • Make vendor or bill payments requested by the Business; • Correct erroneous entries; • Process refunds, reversals, and returns; • Recover duplicate or mistaken credits; • Retry a returned or unsuccessful debit where permitted; • Collect amounts lawfully due under an applicable agreement; and • Complete other expressly requested or authorized transactions. Amounts and dates may vary based on Account activity, Card spending, fees, payment instructions, and amounts due. Dashboard information, statements, invoices, payment confirmations, and other electronic communications may constitute notice of variable amounts and dates to the extent permitted by law and applicable payment-network rules. The Business agrees to be bound by applicable ACH-network rules. This authorization remains effective until: • The Business revokes it through the method stated in the applicable authorization or Product Agreement; • Indexos and the Program Partners have had a reasonable opportunity to act; and • Pending and outstanding obligations have been paid. Revocation may result in suspension or termination of a Financial Product where an active Designated Account or automatic-payment authorization is required. Revocation does not affect entries initiated before the revocation became effective or amounts independently owed by the Business. A separate ACH authorization presented during onboarding or within the dashboard controls if it conflicts with this section.
The Services may allow the Business to initiate payments to vendors, employees, subcontractors, landlords, utilities, suppliers, or other recipients. The Business is responsible for: • Confirming the recipient’s identity; • Providing accurate payment instructions; • Confirming bank and contact information; • Confirming the amount and due date; • Avoiding duplicate instructions; • Maintaining available funds or credit; • Confirming the legitimacy of the obligation; and • Resolving disputes with the recipient. A payment may be delayed, blocked, returned, rejected, reversed, or canceled because of: • Inaccurate information; • Insufficient funds or credit; • Fraud concerns; • Compliance reviews; • Sanctions screening; • Recipient-bank restrictions; • Network limitations; • Technical failures; • Legal process; • Program Partner requirements; or • Events outside Indexos’s control. Indexos does not guarantee that a payment will arrive by a particular time unless an express written guarantee applies.
The Services may display a wallet, available balance, reserve, payment balance, deployment balance, or similar ledger. A displayed balance may represent: • Funds held at a Program Partner; • Funds in transit; • A ledger entry; • Available credit; • Unsettled proceeds; • A reserve; or • Another contractual right. Unless expressly provided in a Product Agreement: • Indexos does not accept deposits; • Indexos does not hold customer funds as a bank; • A displayed wallet is not a deposit account at Indexos; • Funds may be subject to holds, reversals, compliance reviews, reserves, and settlement delays; • Availability may differ from the displayed balance; • Indexos does not guarantee interest, yield, or earnings; and • Indexos does not itself provide FDIC insurance. If a deposit, custodial, or similar account is opened at a financial institution, the applicable Product Agreement will identify the institution and explain the nature of the account and any applicable deposit-insurance treatment. The fact that a Program Partner is an FDIC-insured bank does not mean that credit, Card balances, rewards, nondeposit products, or every amount displayed in a wallet is FDIC insured.
The Business may connect bank accounts, accounting systems, ecommerce and inventory-management systems, project-management systems, and other third-party platforms. By connecting a platform, the Business: • Authorizes Indexos and its providers to access information from the platform; • Authorizes information to be transmitted between systems; • Represents that it has authority to make the connection; • Represents that it has obtained necessary permissions concerning information about others; and • Agrees to the connected provider’s applicable terms. Connected information may be used to: • Provide transaction and cash-flow visibility; • Support identity or bank-account verification; • Support underwriting or eligibility review; • Categorize transactions; • Generate reports and recommendations; • Facilitate payments; • Detect fraud; and • Provide requested Services. A third-party connection may become unavailable or inaccurate. Indexos is not responsible for a third party’s systems, security, availability, or data accuracy.
The Business retains ownership of Business Data it lawfully provides. The Business grants Indexos a worldwide, nonexclusive, royalty-free license to collect, host, store, copy, transmit, display, process, analyze, and use Business Data as reasonably necessary to: • Provide and support the Services; • Facilitate Financial Products; • Provide information to Program Partners; • Verify identities and Businesses; • Prevent fraud; • Maintain security; • Comply with law; • Enforce agreements; • Provide reporting and analytics; • Improve and develop the Services; and • Create aggregated or deidentified information. The Business represents that it has all rights and permissions necessary to provide Business Data and authorize its use. The Business authorizes Indexos to provide Program Partners with contact, Account, financial, transaction, risk, support, and other information reasonably necessary to offer and administer Financial Products.
Statements, transaction records, invoices, receipts, payment confirmations, notices, and other records may be provided electronically. The Business must review records promptly and notify the appropriate party of suspected errors within the time required by the applicable Product Agreement. Dashboard information may be preliminary and may change because of: • Settlement; • Merchant adjustments; • Refunds; • Reversals; • Tips; • Currency conversion; • Disputes; • Delayed presentment; or • Corrected information. The Business is responsible for retaining records needed for accounting, taxes, insurance claims, employment matters, and legal compliance.
Fees may be disclosed in: • A pricing page; • A fee schedule; • An order form; • The dashboard; • A Product Agreement; • A transaction confirmation; or • Another disclosure presented before the fee applies. Fees may include: • Subscription fees; • Physical Card and shipping fees; • Payment and transfer fees; • Expedited-payment fees; • Wallet fees; • Account-number fees; • Dispute fees; • Returned-payment fees; • Credit or Card-use fees; • Late or collection fees where permitted; • Integration fees; and • Other disclosed charges. The Business authorizes applicable fees to be charged to the Account, a Designated Account, a Card, a wallet balance, or another permitted payment method. Program Partner fees are not necessarily fees paid to Indexos.
The Services may include rewards, rebates, cash back, referral payments, or other incentives. Rewards may be subject to: • Eligibility requirements; • Qualifying transaction requirements; • Merchant or transaction exclusions; • Reversals for returned or disputed transactions; • Account-good-standing requirements; • Fraud and misuse controls; • Tax reporting; • Program caps; and • Additional terms. Rewards are not guaranteed and may be modified, suspended, or discontinued subject to applicable agreements and notice requirements. The Business is responsible for determining the tax treatment of rewards.
Indexos and Program Partners may monitor Accounts and transactions for: • Fraud; • Security; • Sanctions; • Money laundering; • Credit risk; • Misuse; • Legal compliance; • Card-network compliance; and • Program requirements. An Account or transaction may be delayed, blocked, declined, restricted, reversed, or placed on hold where reasonably necessary to: • Verify information; • Prevent fraud; • Comply with law; • Respond to legal process; • Protect Indexos, a Program Partner, or another person; • Investigate suspicious activity; • Address an agreement violation; or • Comply with a Program Partner instruction. We may be legally prohibited from explaining the reason for a restriction.
A. Consent to Electronic Records You consent to receive agreements, disclosures, statements, notices, records, transaction information, privacy notices, amendments, and other communications electronically. This consent applies to communications concerning: • The Account; • The Services; • Applications; • Authorized Users; • Cards; • Payments; • Wallets; • Fees; • Security; • Privacy; • Disputes; • Suspension and termination; and • Other aspects of the relationship. A Program Partner may provide a separate electronic-communications consent. That consent controls for records provided by that Program Partner. B. Methods of Delivery Electronic communications may be provided by: • Email; • Dashboard posting; • In-application notice; • Website link; • Downloadable PDF or other electronic file; • Text message; • Electronic-signature platform; or • Another electronic method reasonably capable of providing access to the record. A communication is considered received when it is sent or made available, subject to applicable law. C. Paper Copies You may print or save electronic records. You may request a paper copy by emailing [email protected]. We will disclose any applicable fee before charging it. A paper copy will be provided without a fee where required by law. D. Hardware and Software Requirements To receive and retain electronic records, you must have: • Internet access; • A valid and accessible email account; • A current computer, tablet, or mobile device; • A current browser supporting encryption and cookies; • Software capable of opening PDF files; • Sufficient electronic storage; and • Access to a printer if you wish to print records. By accepting this Agreement electronically, you confirm that you can access, view, download, and retain it. E. Updating Contact Information You must keep your email address, telephone number, mailing address, and other contact information current. You may update information through the dashboard or by contacting [email protected]. Indexos is not responsible for a failure to receive a communication caused by outdated contact information. F. Withdrawal of Consent You may withdraw consent to receive Indexos communications electronically by emailing [email protected] with the subject line “Withdraw Electronic Consent.” Withdrawal becomes effective after we have had a reasonable opportunity to process it. Because the Services are provided electronically, withdrawal may result in: • Inability to open or maintain an Account; • Suspension of Services; • Termination of Services; or • A requirement to communicate directly with a Program Partner. Withdrawal does not affect the validity of electronic records or signatures provided before the withdrawal became effective. G. Changes to Requirements If a material change to hardware or software requirements creates a material risk that you will be unable to access or retain subsequent electronic records, we will provide notice and any additional consent required by law.
You agree that: • Clicking “I Agree,” “Accept,” “Submit,” “Authorize,” or a similar button may constitute your electronic signature; • Entering a verification code may constitute authentication and acceptance; • Activating or using a Card or Service may constitute acceptance of applicable terms; • Electronic signatures have the same effect as handwritten signatures; • Electronic records may satisfy requirements that a record be in writing; and • Electronic copies may be used as evidence of agreements and transactions. Indexos may retain records showing: • The agreement presented; • The date and time of acceptance; • The Account or user accepting; • Internet Protocol address or device information; • The version accepted; and • Other authentication information.
The Business authorizes Indexos and Program Partners to communicate regarding: • Applications; • Verification; • Account servicing; • Transactions; • Fraud and security; • Payment and repayment; • Support; • Disputes; • Legal notices; and • Other requested Services. Operational communications may be sent by email, telephone, or text message. Consent to receive marketing calls or marketing text messages through automated technology will be obtained separately where required. Marketing consent is not a condition of obtaining a Financial Product. Calls may be monitored or recorded after appropriate notice and where permitted by law.
The Services may be unavailable because of: • Maintenance; • Updates; • Program Partner outages; • Bank or card-network outages; • Internet or telecommunications failures; • Security incidents; • Natural disasters; • Government action; • Compliance reviews; or • Other events outside Indexos’s control. Unless a separate service-level agreement applies, Indexos does not guarantee uninterrupted or error-free access.
Indexos may suspend or terminate an Account or Service if: • The Business violates an agreement; • Information is inaccurate or incomplete; • Fraud or misuse is suspected; • The Business fails verification; • A Program Partner requires suspension; • The Business fails to pay an amount when due; • The Business creates legal, compliance, credit, security, operational, or reputational risk; • The Business becomes insolvent or ceases operations; • Continuing the Service becomes unlawful or impracticable; or • The underlying Program Partner relationship ends. A Program Partner may separately suspend or terminate a Financial Product under its Product Agreement. The Business may request closure, subject to: • Pending transactions; • Outstanding balances; • Disputes; • Holds; • Repayment obligations; • Record-retention requirements; and • Product Agreements. Closure does not eliminate obligations incurred before closure.
A Program Partner, issuer, creditor, lender, processor, or other provider may change or discontinue a product. Indexos may: • Replace a Program Partner; • Migrate a Service; • Require acceptance of new Product Agreements; • Issue replacement Cards; • Change available features; • Restrict transactions; or • Discontinue a Financial Product. We will provide notice where required and will use commercially reasonable efforts to minimize disruption. We do not guarantee that a particular Program Partner or Financial Product will remain available.
The following provisions of the Indexos Terms of Use are incorporated into this Agreement: • Acceptable use; • Intellectual property; • Feedback; • Third-party services; • Disclaimers of warranties; • Limitation of liability; • Indemnification; • Informal dispute resolution; • Binding arbitration; • Class action waiver; • Jury trial waiver; • Governing law; • Force majeure; • Assignment; • Waiver; • Severability; • Survival; and • Notices. A dispute with a Program Partner may be governed by a different arbitration, governing-law, or venue provision contained in the applicable Product Agreement.
We may update this Agreement. For material changes, we will provide notice by email, dashboard message, or another reasonable method. Where required, we will request affirmative acceptance. A Program Partner may separately amend its Product Agreement according to its terms. Continued use after the effective date of an update constitutes acceptance where permitted by law.
The Business may not assign or transfer this Agreement or its Account without Indexos’s prior written consent. Indexos may assign this Agreement in connection with: • An affiliate reorganization; • A financing; • A merger; • An acquisition; • A sale of assets; • A change of control; • A Program Partner transition; or • A transfer of the Services.
The Business and Indexos are independent contracting parties. This Agreement does not create a partnership, employment relationship, franchise, joint venture, agency, or fiduciary relationship. An Authorized User is not an employee or agent of Indexos.
This Agreement, the Terms of Use, the Privacy Policy, Product Agreements, fee disclosures, payment authorizations, and other incorporated terms constitute the agreement applicable to the Account and Services. A separately signed agreement controls to the extent it expressly conflicts with this Agreement.
Legal notices and questions concerning this Agreement may be sent to: Indexos, LLC Attn: Legal Department 6100 Hollywood Blvd., Suite 520 Hollywood, FL 33024 Email: [email protected]
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