Legal

INDEXOS TERMS OF USE

Last updated: July 27, 2026

These Terms of Use govern your access to and use of indexos.com and any website, dashboard, portal, application, software, communication, content, integration, or related service made available by Indexos, LLC. PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITY. By accessing or using the Services, creating an Account, submitting an application, clicking a button indicating acceptance, or otherwise agreeing electronically, you acknowledge that you have read, understood, and agreed to these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Definitions

For purposes of these Terms: “Account” means a business account or user profile created to access the Services. “Authorized User” means an owner, officer, employee, contractor, agent, administrator, cardholder, or other person whom a Business permits to access an Account or use a Financial Product. “Business” means the legal entity, sole proprietorship, or other commercial organization on whose behalf the Services are accessed or used. “Business Data” means information, documents, transaction data, financial data, receipts, invoices, job information, user information, and other content submitted to or made available through the Services by or on behalf of a Business. “Financial Product” means a card, commercial credit product, wallet, payment service, bank-account connection, ACH service, vendor-payment service, funds-transfer service, or related product made available through the Services. “Product Agreement” means a cardholder agreement, issuing-bank agreement, credit agreement, financing agreement, wallet agreement, payment authorization, ACH authorization, fee schedule, disclosure, privacy notice, or other agreement governing a particular Financial Product. “Program Partner” means an issuing bank, lender, creditor, financial institution, program manager, processor, card network, payment provider, servicer, bank-data provider, identity-verification provider, compliance provider, or other third party involved in providing or supporting a Financial Product. “Indexos,” “we,” “us,” or “our” means Indexos, LLC and, where appropriate, its affiliates, successors, and assigns. “Services” means the Indexos website, dashboard, portal, applications, software, payment tools, card-management tools, job-costing tools, integrations, analytics, communications, and related services. “you” or “your” means both the individual accessing the Services and the Business on whose behalf the individual acts.

2. Indexos’s Role

Indexos is a financial technology company. Indexos is not a bank. Certain Financial Products may be issued, funded, held, processed, serviced, administered, or otherwise provided by Program Partners. Unless expressly stated in a separate Product Agreement, Indexos is not: • A card issuer; • A bank or depository institution; • A lender or creditor; • A money transmitter; • A card network; • A payment processor; • A broker; • An investment adviser; • An accountant; • A law firm; or • A fiduciary. Indexos may provide the customer-facing platform, onboarding experience, software, card-management tools, job-costing tools, payment instructions, reporting, integrations, analytics, and support coordination. The identity of an issuing bank, creditor, lender, deposit institution, or other legally responsible provider will be disclosed in the applicable Product Agreement when required. Indexos may use nonpublic subcontractors and 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 the terms governing a Financial Product.

3. Business Use Only

The Services are intended solely for legitimate business and commercial purposes. You may not use the Services primarily for personal, family, or household purposes. Financial Products made available through Indexos are commercial products and may not provide the protections that apply to consumer accounts, consumer debit cards, consumer credit cards, or consumer loans. By using the Services, you represent and warrant that: • You are at least 18 years old; • You are located in the United States; • You are legally capable of entering into binding agreements; • You are acting on behalf of a legitimate Business; • You have authority to bind the Business; • You will use the Services only for lawful business purposes; and • The information you provide is complete, accurate, and not misleading.

4. Additional Agreements

Your use of the Services may also be governed by: • The Indexos Privacy Policy; • The Indexos Business Account & Electronic Services Agreement; • Product Agreements; • Fee schedules; • ACH or payment authorizations; • Program Partner disclosures; and • Other terms accepted by you. These Terms govern general access to and use of the Indexos platform. The Business Account & Electronic Services 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 these Terms conflict with a Product Agreement, the Product Agreement controls with respect to the applicable Financial Product.

5. Account Registration

You may be required to create an Account to access certain Services. You agree to provide complete, accurate, and current information and to update that information promptly when it changes. You may not: • Create an Account using false or misleading information; • Impersonate another person or Business; • Create an Account for a Business without authorization; • Transfer, sell, lease, or provide your Account to another Business; • Create multiple Accounts to avoid limits, underwriting decisions, controls, or compliance reviews; or • Allow an unauthorized person to access your Account. We may reject an application, require additional documentation, restrict functionality, or close an Account where reasonably necessary to verify information, comply with law, satisfy Program Partner requirements, prevent fraud, or protect the Services.

6. Account Security

You are responsible for protecting usernames, passwords, authentication codes, devices, physical cards, virtual-card credentials, and other security information. You agree to: • Use strong and unique credentials; • Enable multifactor authentication where available; • Prevent unauthorized persons from accessing the Account; • Review Account activity regularly; • Notify us immediately of suspected unauthorized access, fraud, lost cards, compromised credentials, or suspicious activity; • Maintain reasonable internal controls; and • Cooperate with investigations into unauthorized use. Individual login credentials may not be shared. We may require password resets, additional authentication, temporary restrictions, or other security measures where we reasonably suspect unauthorized access or an increased risk of fraud.

7. Acceptable Use

You may use the Services only for lawful business purposes. You may not use or attempt to use the Services to: • Commit fraud, theft, money laundering, bribery, sanctions evasion, tax evasion, or other unlawful conduct; • Submit false, altered, misleading, or fraudulent information; • Circumvent a spending control, transaction limit, compliance restriction, reserve, or underwriting requirement; • Split transactions or manipulate information to avoid a limit or review; • Test stolen or unauthorized card credentials; • Engage in chargeback abuse, check kiting, account cycling, manufactured spending, or payment manipulation; • Use funds or credit for a prohibited or undisclosed purpose; • Conduct transactions involving prohibited persons, entities, jurisdictions, goods, or services; • Access information belonging to another Business without authorization; • Introduce malware, ransomware, viruses, or harmful code; • Interfere with the security, integrity, or operation of the Services; • Probe, scan, or test vulnerabilities without written authorization; • Bypass authentication, rate limits, or technical restrictions; • Scrape, crawl, harvest, or extract information by unauthorized automated means; • Reverse engineer, decompile, or disassemble the Services, except where prohibited by law; • Resell, sublicense, or provide the Services to another Business without written authorization; • Use nonpublic Indexos information to develop or train a competing product; • Infringe intellectual-property, privacy, confidentiality, or other rights; or • Assist another person in engaging in prohibited conduct. We may investigate suspected violations and cooperate with Program Partners, financial institutions, card networks, courts, regulators, and law enforcement as permitted or required by law.

8. Product Availability

Product availability, approval, limits, pricing, fees, repayment terms, reserve requirements, and eligibility requirements may vary and may change. Submitting an application does not guarantee approval for any Financial Product. Unless expressly stated otherwise: • Indexos does not make the final credit or underwriting decision; • Displayed limits or offers may be preliminary or conditional; • Prequalification does not constitute final approval; • A Program Partner may request additional information; • A Program Partner may increase, decrease, suspend, or terminate a limit as permitted by the applicable Product Agreement; and • A Financial Product may be modified or discontinued. Nothing on the website or dashboard constitutes a binding commitment to extend credit, issue a card, hold funds, or provide another Financial Product.

9. Spending Controls and Job-Costing Tools

The Services may permit a Business to establish controls based on employee, job, merchant, merchant category, amount, date, frequency, location, purpose, or other criteria. These controls are risk-management tools. They do not guarantee that every transaction outside the intended parameters will be declined. Transaction processing may be affected by: • Merchant-category coding; • Merchant processing practices; • Payment facilitators; • Offline or delayed authorization; • Estimated or incremental authorizations; • Recurring transactions; • Reversals or delayed presentment; • Card-network rules; • Program Partner limitations; and • Technical errors or outages. The Business remains responsible for selecting appropriate controls, monitoring activity, and enforcing its internal policies. Job, project, customer, property, claim, team, employee, vehicle, and vendor assignments are provided for operational convenience. The Business is responsible for reviewing the accuracy and accounting, tax, insurance, and legal treatment of all classifications.

10. Third-Party Integrations

The Services may integrate with bank accounts, accounting systems, ecommerce and inventory-management systems, project-management systems, payroll systems, vendor systems, and other third-party platforms. By connecting a third-party account, you authorize Indexos and its providers to access, retrieve, process, use, and transmit information from that account as necessary to provide the Services and as described in the Privacy Policy. You represent that: • You are authorized to connect the account; • You are authorized to provide the applicable information to Indexos; • Your use complies with the third party’s terms; and • You have obtained any required permissions concerning information about other individuals. Indexos does not control third-party systems and is not responsible for their availability, accuracy, security, terms, privacy practices, or changes. An integration may be modified or discontinued at any time.

11. Business Data

As between you and Indexos, you retain ownership of Business Data that you lawfully provide. You grant Indexos a worldwide, nonexclusive, royalty-free license to host, store, reproduce, process, transmit, display, analyze, and otherwise use Business Data as reasonably necessary to: • Provide and support the Services; • Facilitate Financial Products; • Verify identity, authority, and eligibility; • Prevent fraud and misuse; • Maintain security; • Comply with legal and regulatory obligations; • Provide reporting, analytics, and support; • Improve and develop the Services; and • Enforce applicable agreements. You represent that you have all rights and permissions necessary to provide Business Data and authorize its use. Indexos may create and use aggregated or deidentified information that does not reasonably identify you, an Authorized User, or a particular Business.

12. Automated Analysis and Recommendations

The Services may provide automated classifications, alerts, estimates, forecasts, cash-flow projections, job-cost information, spending recommendations, or similar outputs. These outputs may be based on incomplete, delayed, inaccurate, or changing information and may contain errors. You are responsible for independently reviewing all outputs before making a decision or taking an action. Indexos does not guarantee: • The accuracy of a forecast; • The profitability of a job; • The collectability of a receivable; • The availability of future credit; • The timing of a payment or insurance recovery; • The accuracy of a merchant or expense classification; or • Any particular legal, accounting, tax, operational, or financial result.

13. No Professional Advice

Nothing provided through the Services constitutes legal, accounting, tax, investment, insurance, credit, or financial advice. Indexos does not act as your attorney, accountant, financial adviser, insurance adviser, public adjuster, claims consultant, or fiduciary. You should consult qualified professional advisers before making decisions affecting your Business.

14. Intellectual Property

The Services, including software, interfaces, designs, workflows, databases, documentation, text, graphics, logos, trademarks, service marks, reports, and other content, are owned by Indexos or its licensors. Subject to your compliance with these Terms, Indexos grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use the Services solely for the internal business purposes of the Business. No rights are granted except as expressly stated. You may not use the Indexos name, marks, or logos without prior written authorization.

15. Feedback

If you provide suggestions, ideas, recommendations, or other feedback regarding the Services, you grant Indexos a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use, modify, commercialize, and otherwise exploit that feedback without restriction or compensation. This provision does not transfer ownership of your Business Data.

16. Third-Party Services and Content

The Services may contain links to, display information from, or integrate with third-party websites, products, and services. Indexos does not control and is not responsible for third-party content, availability, security, accuracy, products, services, terms, or privacy practices. The inclusion of a link, integration, or provider does not constitute a guarantee or endorsement.

17. Service Availability and Changes

The Services may be unavailable from time to time because of maintenance, upgrades, outages, network failures, Program Partner interruptions, cyber incidents, natural disasters, or other causes. Unless a separate written service-level agreement applies, Indexos does not guarantee continuous, uninterrupted, timely, secure, or error-free availability. We may add, remove, modify, restrict, or discontinue features where reasonably necessary for security, compliance, technology, partner requirements, or business reasons.

18. Beta and Pre-Release Features

We may provide beta, pilot, preview, or pre-release features. Such features may be incomplete, contain errors, change materially, or be discontinued without notice. They may not be appropriate for production, accounting, compliance, or mission-critical use.

19. Compliance Reviews and Restrictions

We and our Program Partners may review Accounts and transactions for fraud, sanctions, anti-money-laundering, credit risk, security, legal, and compliance purposes. We may delay, decline, block, reverse, restrict, or place a hold on a transaction or Account where reasonably necessary to: • Comply with law, legal process, card-network rules, or Program Partner requirements; • Verify identity, ownership, authority, or transaction purpose; • Investigate suspected fraud or unauthorized activity; • Address security risks; • Prevent loss; • Respond to a dispute, return, chargeback, levy, subpoena, court order, or government request; or • Address a violation of these Terms or a Product Agreement. We may be prohibited from explaining the reason for a restriction.

20. Suspension and Termination

We may suspend, restrict, or terminate your access if: • You violate these Terms or another agreement; • We suspect fraud, misuse, or unauthorized activity; • Information you provide is inaccurate, incomplete, or misleading; • A Program Partner requires suspension or termination; • We are required to act by law, legal process, regulatory direction, or card-network rules; • Your use creates legal, security, compliance, credit, reputational, or operational risk; • You fail to pay an amount when due; • The Business becomes insolvent or ceases operations; or • Continuing to provide the Services becomes unlawful or commercially impracticable. Suspension or termination does not: • Cancel transactions already authorized or in process; • Eliminate outstanding payment or repayment obligations; • Prevent delayed transactions, adjustments, returns, or fees from posting; • Affect rights or obligations that accrued before termination; or • Require deletion of records that must be retained.

21. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” INDEXOS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. INDEXOS DOES NOT WARRANT THAT: • The Services will be uninterrupted, secure, or error-free; • All defects will be corrected; • Transaction information will always be accurate or current; • Spending controls will prevent every unauthorized transaction; • An integration or Program Partner will remain available; • You will qualify for a Financial Product; • A particular limit, rate, reward, yield, or business result will be available; • Reports, forecasts, or recommendations will be complete or accurate; or • The Services will satisfy your accounting, tax, insurance, legal, or regulatory obligations. Some jurisdictions do not permit certain warranty disclaimers. In those jurisdictions, the disclaimers apply only to the extent permitted by law.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEXOS AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, USE, OR ANTICIPATED SAVINGS. This exclusion applies regardless of the legal theory asserted and even if Indexos was advised that such damages were possible. To the maximum extent permitted by law, Indexos’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the greater of: • The fees paid directly to Indexos for the Services during the 12 months immediately preceding the event giving rise to the claim; or • $100. Amounts paid to an issuing bank, lender, creditor, card network, processor, merchant, vendor, or other third party are not fees paid directly to Indexos. Indexos is not liable for: • A Program Partner’s underwriting or credit decision; • A merchant’s or vendor’s conduct; • An Authorized User’s conduct; • Inaccurate information provided by you or a third party; • A third-party integration failure; • Delayed, rejected, returned, blocked, or reversed transactions; • Loss resulting from your failure to secure credentials or report suspicious activity; • Your reliance on forecasts, classifications, or recommendations; or • Events outside Indexos’s reasonable control. Nothing in these Terms limits liability that cannot lawfully be limited.

23. Indemnification

To the maximum extent permitted by law, the Business will defend, indemnify, and hold harmless Indexos and its affiliates, owners, directors, officers, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to: • Your or an Authorized User’s use or misuse of the Services; • Your violation of these Terms or another agreement; • Your violation of applicable law; • Business Data you provide; • Your violation of a third party’s rights; • A dispute between the Business and an employee, contractor, vendor, customer, insurer, property owner, or other third party; • Fraudulent, unauthorized, or prohibited activity by an Authorized User; or • Your failure to obtain required permissions, notices, or consents. Indexos may assume control of the defense of a matter subject to indemnification. You may not settle a claim in a manner that imposes liability, an admission, or an obligation on Indexos without Indexos’s prior written consent.

24. Informal Dispute Resolution

Before initiating arbitration or litigation, the complaining party must provide written notice describing: • The nature and factual basis of the dispute; • The relief requested; • The complaining party’s name and contact information; • The affected Business and Account; and • Any relevant transaction or communication. Notices to Indexos must be sent to [email protected] with the subject line “Legal Dispute Notice” and mailed to the address in Section 34. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice. This requirement does not prevent a party from seeking temporary relief necessary to prevent immediate and irreparable harm.

25. Binding Arbitration

EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND INDEXOS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by these Terms. The arbitration will: • Be conducted by one neutral arbitrator; • Take place in Broward County, Florida, unless the parties agree to remote proceedings or another location; • Be conducted in English; • Permit reasonable discovery proportionate to the dispute; • Authorize the arbitrator to award any individual remedy available in court, subject to these Terms; and • Result in a written decision explaining the essential findings and conclusions. The arbitrator will determine issues concerning the interpretation, applicability, enforceability, and formation of this arbitration provision, except that a court will determine the enforceability of the class action waiver. The following may be brought in court: • An individual claim within the jurisdiction of a small claims court; • A request for temporary or preliminary relief to prevent unauthorized access, misuse, data theft, or intellectual-property infringement; or • A claim that applicable law expressly prohibits from being arbitrated. Arbitration Opt-Out You may opt out of this arbitration agreement by emailing [email protected] within 30 days after first accepting these Terms. The email must: • Use the subject line “Arbitration Opt-Out”; • Identify your full name; • Identify the Business; • Identify the email address associated with the Account; and • Clearly state that you are opting out of arbitration. Opting out does not affect the other provisions of these Terms.

26. Class Action Waiver

YOU AND INDEXOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate the claims of multiple persons or preside over a class, collective, mass, or representative proceeding.

27. Jury Trial Waiver

FOR ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION, YOU AND INDEXOS KNOWINGLY AND VOLUNTARILY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY RIGHT TO A TRIAL BY JURY.

28. Governing Law and Venue

These Terms and any dispute arising out of or relating to them are governed by Florida law, without regard to conflict-of-law principles. For a dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida.

29. Force Majeure

Indexos will not be liable for delay or failure caused by events outside its reasonable control, including natural disasters, hurricanes, floods, fires, epidemics, war, terrorism, civil unrest, labor disputes, utility failures, telecommunications failures, internet outages, cyberattacks, government actions, legal restrictions, card-network disruptions, banking-system failures, or Program Partner failures.

30. Changes to These Terms

We may modify these Terms from time to time. Updated Terms will be posted with a revised “Last Updated” date. For material changes, we will provide notice through the dashboard, by email, or through another reasonable method. Where applicable law requires affirmative consent, we will request it. Continued use after the effective date of an update constitutes acceptance where permitted by law.

31. Assignment

You may not assign or transfer these Terms or your Account without Indexos’s prior written consent. Indexos may assign these Terms in connection with an affiliate reorganization, financing, merger, acquisition, sale of assets, change of control, Program Partner transition, or transfer of the Services.

32. Relationship of the Parties

These Terms do not create a partnership, joint venture, employment, franchise, agency, fiduciary, or exclusive relationship between you and Indexos. Neither party has authority to bind the other except as expressly stated in a written agreement.

33. Waiver, Severability, and Survival

A failure to enforce a provision is not a waiver. Except as specifically provided in the arbitration and class action provisions, if any provision is invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. Provisions that by their nature should survive termination will survive, including provisions concerning ownership, data rights, disclaimers, liability limitations, indemnification, disputes, and outstanding obligations.

34. Notices and Contact Information

Legal notices and questions concerning these Terms may be sent to: Indexos, LLC Attn: Legal Department 6100 Hollywood Blvd., Suite 520 Hollywood, FL 33024 Email: [email protected]

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Indexos Card is a program of Indexos. Indexos is a financial technology company, not a bank. Cards may be issued by a partner financial institution. Spending power, approval, limits, repayment timing, fees, and eligibility depend on your connected store data and applicable agreements and may vary. Payout-timed repayment is subject to your marketplace payout schedule. Nothing here is a guarantee of approval or an offer of credit.