Last Modified: May 16, 2024

1. Acceptance of Terms of Use

These terms of use are entered into between You and Bar Friender, a California corporation (“Company”, “we”, or “us”). The following terms and conditions, together with any documents or agreements incorporated by referenced (collectively, the “Terms of Use”) govern your access to and the use of your account, including any content, functionality, and services offered on or through the www.bar friender.com (the “Website”) or the mobile application (the “Mobile Application”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website or the Mobile Application. By using the Website or the Mobile Application or by clicking accept or agree to the Terms of Use, you accept and agree to be bound by these Terms of Use and our Privacy Policy found at www.bar friender.com/privacy and all other agreements incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Mobile Application.

The Website and Mobile Application are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website and Mobile Application, you hereby represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Mobile Application.

2. Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective upon posting and apply to all access to and use of the Website or Mobile Application thereafter. We may notify you if there are any material changes to the Terms of Use.

Your continued use of the Website and Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes.

3. About Bar Friender

Bar Friender is designed to provide users access to services enabled by third-party platforms and service providers (“Third Party Service Providers”) to transmit instructions to initiate payments between you and other Bar Friender users through the Mobile Application (“Bar Friender Enabled Services”). The Mobile Application is designed to provide a fun, user-friendly environment to connect with friends.

4. About Bar Friender Accounts and Bar Friender Enabled Services

Your Bar Friender Account may only be accessed through the Bar Friender Enabled Services though Third Party Service Providers. The Company is not a money transmitter and does not perform money transmission or money transfer or payment services. All payments made based on instructions to the Company through Bar Friender Enabled Services are processed and disbursed by Third Party Services Providers in accordance with the terms and conditions of such Third Party Service Providers (“Third Party Terms”).

5. Creating your Bar Friender Account

Bar Friender Accounts are available only to natural persons ages 18 or older and residing in the United States of America. Bar Friender Accounts must be used in accordance with these Terms of Use and all Third-Party Terms.

You agree that any information you provide to the Company to create your Bar Friender Account is true and accurate at the time you create your Bar Friender Account. You further agree to update that information from time to time to ensure that it remains accurate at all times you have an open Bar Friender Account. You authorize us to share this information with our Third-Party Service Providers in accordance with our Privacy Policy.

6. Access and Account Security

We reserve the right to withdraw or amend this Website, the Mobile Application, any Bar Friender Enabled Service, any other service, or material we provide on the Website or Mobile Application, in our sole discretion without notice. We will not be liable if the Website or Mobile Application is unavailable at any time or for any period. We may restrict access to some parts of the Website/Mobile Application or the entire Website/Mobile Application to users and registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website and/or the Mobile Application.
• Ensuring that all persons who access the Website and/or the Mobile Application through your internet connection or your device are aware of these Terms of Use and comply with them.

To access the Website or Mobile Application or some of the resources it may offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and Mobile Application that all information you may provide is correct, current, and complete. You agree that all information you provide through the Website, Mobile Application, or otherwise is governed by the Privacy Policy and/or Third-Party Terms. You further represent that you consent to all action we may take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide access to any other person. You hereby agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach.

You acknowledge that we retain the right to disable any username, password, or other identifier at any time, in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.

7. Intellectual Property Rights

The Website and its contents, features, and functionalities (i) are owned or otherwise licensed by the Company, Third Party Service Providers, our and their licensors, and other providers of such material; and (ii) are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property rights laws.

The Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Mobile Application, except as otherwise permitted herein.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Mobile Application in breach of the Terms of Use, you forfeit your right to use the Website and Mobile Application. We will terminate your Bar Friender account according to the termination provisions provided herein and you must return or destroy any copies of any materials you have made, as determined in the Company’s sole discretion. No right, title, or interest in or to the Website or Mobile Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Mobile Application not expressly permitted by the Terms of Use is a breach and may violate copyright, trademark, and other laws.

8. Trademarks

The Company name, the terms, and all related names, logos, trademarks, designs, and slogans, are trademarks of the Company or its licensors. You must not use such marks without the prior written consent of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

9. Prohibited Use

You may use the Website and Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Mobile Application in a manner that:

• Violates any federal, state, local law, regulation, or ordinance, including, but not limited, to anti money laundering laws.
• exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• sends, knowingly receives, uploads, downloads, uses, or re-uses any material that does not comply with the Terms of Use.
• engages in conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Mobile Application or in a manner that may harm the Company and its users.
• disables, overburdens, damages, or impairs the site or interferes with any other party’s use of the Website or Mobile Application;
• uses any robot, spider, or other automatic device, process, or means to access the Website or Mobile Application for any purpose, including monitoring or copying any material on the Website or Mobile Application;
• Attacks the Website or Mobile Application via a denial-of-service attack or a distributed denial-of service attack.
• Attempts to interfere with the proper working of the Website or Mobile Application in any manner whatsoever.
• Debt collection, relief, or counseling.
• Unlicensed or unregistered Money Services Businesses, as that term is defined in 31 C.F.R. 1010.100(ff) and under corresponding state regulations.

If the Company determines, in its sole discretion, that you are using the Website or Mobile Application in a prohibited manner, you acknowledge that the Company may disclose information about you to law enforcement authorities and immediately suspend or terminate your rights to use the Website or Mobile Application and/or close your Bar Friender account.

10. User Contributions

The Website and Mobile Application may contain personal chats and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit content material to other users (“User Contributions”).

Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution, you hereby grant us and our Third Party Service Providers and our and their respective licensees, successors, and assigns the rights to use, reproduce, publish, distribute, or otherwise disclose any such material to third parties for any purpose.

When providing User Contributions, you represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license to us and our respective licenses, successors, and assigns.
• All of your contributions comply with these Terms of Use.

You further acknowledge that you are responsible for any User Contribution you submit or contribute and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions provided by you or any other use to the Website or Mobile Application.

11. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. • Take any action with respect to any User Contribution that we deem necessary or appropriate.
• Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Website or Mobile Application.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or thought the Website or Mobile Application. You hereby waive and hold harmless the Company and its Third-Party Service Providers from any claims resulting from any action taken by the Company or its Third-Party Service Providers during or as a consequence of investigations by the Company, its Third Party Service Providers or law enforcement authorities.

Notwithstanding the foregoing, it is not commercially feasible to review all material before it is posted on the Website. We therefore cannot ensure prompt removal of objectionable material after it has been posted. As a result, you acknowledge that we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

12. Unauthorized Transactions

Contact us immediately at customercare@bar-friender.com if you believe that (i) your Bar Friender account has been accessed without your authorization; (ii) a transaction has occurred that you did not authorize; (iii) a transaction has been processed incorrectly; or (iv) your account transaction history contains an error. You must notify us within thirty (30) days after the error appeared in your transaction history.

When you notify us of an error, you must provide: your name, the nature of the suspected error and reason why you believe it is an error, and the dollar amount.

We will use commercially reasonable efforts to investigate the matter and will notify you of the results of our investigation within 90 days. If we determine that no error existed, we will notify you.

13. Terminating Your Bar Friender Account

If you want to terminate your Bar Friender Account, please contact customercare@bar-friender.com and request that you want to close your account.

We reserve the right to terminate your Bar Friender account or access to the Website and/or Mobile application without liability, for any reason, upon notice to you. We reserve the right to modify or terminate the Website and/or the Mobile Application at any time.

14. Your Liability

You are responsible for all reversed or failed transactions, fees, claims, fines, penalties, and other liability incurred by the Company and our Third-Party Service Providers arising from your use of the Website and/or Mobile application, the Bar Friender Enabled Services, or any breach of these Terms of Use.

Without limiting the foregoing, you hereby agree to reimburse the Company for any liability relating to a transaction that: (i) is reversed in accordance with our or our Third Party Service Providers’ risk management policies; (ii) is reversed in accordance with applicable laws, including without limitation by ACH return (as such term is defined under Nacha Rules); (iii) fails due to your error; (iv) fails due to the provision of inaccurate information; or (v) is cancelled or rejected by you or the recipient or sender or your or their bank or credit union.

15. Consent to Receive Electronic Communication

By using the Website and/or the Mobile Application, you hereby consent to receive all communications, disclosures, notices, statements, and filings electronically (collectively, “Communications”). You also confirm that you can access, receive, and retain such Communications. We will provide Communications by posting them on the Website, in the Mobile Application, or by emailing them to you at the email address provided when opening or updating your Bar Friender Account.

You may withdraw your consent to receive Communications electronically by contacting us at customercare@bar-friender.com. Since our Company is designed to give all notices electronically, the effect of withdrawing your consent will mean that we will close your Bar Friender Account upon receipt of your notice to withdraw such consent.

16. Indemnification

You agree to defend, indemnify, and hold harmless, the Company and its Third Party Service Providers and our/their respective officers, directors, agents, employees, and suppliers from any third party claims, actions proceedings, suits and related liabilities, damages, settlements, fines, costs or expenses (including actual attorneys’ fees and other litigation expenses) arising from: (i) your violation of these Terms of Use or any other applicable terms or policies of our Third Party Service Providers; (ii) your use of your Bar Friender Account or the Bar Friender enabled Services; (iii) your negligence or willful misconduct; and/or (iv) your actual or alleged violation of any third party rights or applicable laws, regulations, or rules.

17. Limitation of Liability

You hereby acknowledge that neither the Company nor any of its Third Party Service Providers nor our nor their officers, directors, agents employees, or suppliers will be liable to you or any third party under any circumstances for any indirect, consequential, special, punitive, or exemplary damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses incurred in connection with (i) these Terms of Use; (ii) Your use, inability to use, or unavailability of the Bar Friender Enables Services; or (iii) any goods or services purchased, received, or paid using Bar Friender Enabled Services under any theory or liability or cause of action whether in tort (including negligence), contract, or otherwise. In no event shall our liability be greater than the sum of the fees Bar Friender has received through your use of Bar Friender Enabled Services over the past six (6) months. You hereby acknowledge that the Company shall not be jointly liable for any matters hereunder with the Third-Party Service Providers.

18. Disclaimer of Warranty

Your Bar Friender Account and the Bar Friender Enabled Services are provided “AS IS” and “AS AVAILABLE” without any representation or warranty, whether express or implied, or statutory. Use of the Bar Friender Enabled Services is at your own risk. The Company and our Third-Party Service Providers expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, and non

infringement. No acts or omissions by us or our Third-Party Service Providers shall give rise to any liability. We cannot guarantee that the Bar Friender Enabled Services will meet your requirements, be continuous, uninterrupted, secure, timely, error-free, or that defects will be corrected. Neither we nor our Third-Party Service Providers shall be liable for any service interruptions or system failures that may affect processing, completion, or settlement of transactions.

19. General Provisions

a. Force Majeure. You understand and agree that we will not be responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control.

b. Assignment. You may not transfer or assign any rights or obligations you have under these Terms of Use or Third-Party Terms. We and our Third-Party Service Providers reserve the right to assign any rights or obligation under these Terms of Use at any time.

c. Governing Law; Jurisdiction. All matters relating to the Website, the Mobile Application, the Bar Friender Enabled Services, and these Terms of Use along with any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of California without giving effects to any choice of law provisions. Any legal suit, action, or proceeding shall be held exclusively in the state or federal courts located in Orange County, California. You hereby waive any objections to the exercise of jurisdiction over you and venue in such courts.

d. Entire Agreement; Waiver. These Terms of Use along with any other Company policies or Third Party Terms set for the entire understanding between the parties with respect to your Bar Friender Account and the Bar Friender Enabled Services. Any failure to enforce any right under these Terms of Use shall not constitute a waiver of such right.

e. Severability. If any provisions of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the extent that the remaining provisions of the Terms of Use will continue in full force and effect.

Last Modified: May 16, 2024

Privacy and security are very important to us at Bar Friender. (“Company” or “We”). We respect your privacy and are committed to protecting it through our compliance with this policy. This End User Privacy Policy (“Policy”) is meant to help the End User (the “You”) understand how we collect, use, and share your data to power the application (the “App”) you use. policy describes:

• The types of information we may collect or that you may provide when you download, install, register, access, or use Bar Friender (the “App”).
• Our practices for collecting, using, maintaining, protecting, and disclosing the information.

This Policy applies only to information we collect in this App and/or in email, text, and other electronic transmission sent through or in connection with this App and any other third-party software integrated with the App.

This policy DOES NOT apply to information that:

• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party.

Our websites, apps, and other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you explicitly agree to this privacy policy and opt-in to all settings. You also acknowledge that we may change our policy from time to time. Your continued use of the App after we revise the policy means that you accept those changes. Please check the policy periodically for updates.

Children Under the Age of 16

This App is not intended for children under the age of 16 years of age. We do not knowingly collect personally identifiable information from children under 16. If we learn we have collected or received personally identifiable information from a child under 16 without verification of parental consent, we will delete that information.

If you believe that we might have any information from or about any child under 16, please contact us at customercare@bar-friender.com.

Data We Collect and Categories of Sources

As explained in greater detail below, the data we collect, use, and share depends on may vary based on your usage of the App. We may collect the following:

• Data you provide to us;
• Data from using the App;
• Data from third parties;
• Data from the electronic devices you use to connect;
• Data from other sources, including service providers and identity verification services.

Data You Provide to Us

When you download, register with, or use this App, we may collect personally identifiable information (“personal information”), such as:

• Identifiers, such as real name, postal address, phone number, date of birth, email address, signature.
• Government-Issued Identifiers, such as your social security number, driver’s license, state identification car, or passport number.
• Login Identifiers, such as usernames, passwords, and security tokens.

By providing Us this data, you also give the Company permission and authority to act on your behalf to access and transmit data to and from the relevant parties or third parties that hold your financial account.

Data from Using the App

When you download, register with, or use this App, it may use technology to automatically collect:

• Usage details, such as location data, logs, and other communication data that you access on use on or through the App.
• Geolocation data, time zone setting and location, including data that helps Us to determine your location.
• Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. Cookies allow the Company to collect information about site usage so that we may draw inferences to other listed categories of information that we collect.
• Stored Information and Files. The App may also access metadata and other information associated with other files stored on your device. This may include audio and video clips, personal contacts, and address book information.
• Inferences. We may draw inference upon personal information reflecting your trends, predispositions, attitudes, intelligence, abilities, and aptitudes.

Data from Third Parties

Depending on your usage of the App, we may collect the following data from third parties when you connect your financial accounts with or through the App. By linking your third-party accounts, you authorize the Company to collect and have access to this information. Third-party data includes:

• Account Data. Account data includes financial institution name, account name, account type, account ownership, branch number, IBAN, BIC, account number, routing number, and sort code, debit card number, credit card number;
• Account Balance. Account balance data includes current and available balance. 
• Commercial Information. Commercial Information includes transaction history and details.

Data from your Devices

When you use a device, like your smartphone, tablet, or computer, we may receive data about that device, including:

• IP address
• Mobile Device Manufacturer
• Mobile Service Provider
• Operating System
• Browser and technical data about the device

Data from Other Sources

When needed to provide a service or to prevent fraud, abuse, or security threats, we may also receive data about you directly from third parties, including our service providers or identify verification services.

How We Use Your Data

We use your data for the following business and commercial purposes:

• Provide Services. To operate, provide, and maintain our services.
• Develop Existing Services. To improve, enhance, modify, add to, and further develop our services.
• Help Prevent Fraud or Protect Privacy. To help protect your and other third parties from fraud, malicious activity, and other privacy and data security-related concerns.
• Develop New Services. To develop new products and services.
• Develop Insights. To develop insights based on the data we’ve collected about you. This includes your transaction data and data from other sources provide a better experience for you.
• Provide Support. To provide support to you, including to help respond to your inquiries related to our services.
• Investigate Misuse and Misconduct. To investigate any misuse of our service, criminal activity, or other unauthorized access to our services.
• For Legal Purposes. To comply with contractual and legal obligations under applicable law and for other legal purposes such as to establish and defend against claims.
• With Your Consent. For other notified purposes with your consent or at your direction.

We may also use your information to contact you about our own and third parties’ goods and services that may interest you. If you do not want us to use your information in this way, please opt out by going to [Settings > Privacy Information].

How We May Disclose Your Information

We may share your personal information by disclosing it to a third party for business purposes. We only make these business purpose disclosures under written contracts that describe the purposes, requires the recipient to keep personal information confidential, and prohibits using the disclosed information for any purpose except performing the contract.

We do not “sell” or “share” your personal information. In the preceding twelve (12) months, and on an on-going basis, the Company will disclose personal information such as cookies, commercial information, geolocation data, and internet or similar network activities to gather information about Our user base. We may receive such information on an individual or aggregate basis. We may share or disclose your personal information to partners, affiliates, subsidiaries, internet service providers, data analytic providers, social networks, government entities, advertising networks.

The Company will not discriminate against you for exercising any rights you may have under the California Consumer Privacy Act (“CCPA”) or any other applicable law or rule.

Your Rights to Your Personal Information

If you are a resident of a state that has adopted privacy regulations, including the CCPA, you may have additional rights to your personal information. This includes:

• Right to Know. You may have a right to know what personal information we collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to who we disclose it.
• Right to Access and Data Portability. You may have the right to request a copy of the personal information we collected about you during the 12 months before our request.
• Right to Deletion. You may have the request that we delete information collected from you and retrained.
• Right to Out of Selling or Sharing. You may have the right to opt-out of having your personal information sold or shared. To Opt-Out, go to settings and select the Opt-Out Option.

To request the deletion or copy of your personal information, you may contact us at: 

• E-mail: customercare@bar-friender.com

We will confirm receipt of your request within 10 business days.

We will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding receipt of your request. 

How We Protect Your Data

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using third-party platforms.

The safety and security of your information also depends on you. Where We have given you a password for access to the App, you are responsible for keeping this password confidential. We urge you to be careful about giving out information in public areas of the App.

Please note that no data transmission over the internet or method of electronic storage can be guaranteed to be 100% secured. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

How Long We Retain Your Personal Information

We retain your personal information for so long as we are providing services to you or for a period during which we reasonably anticipate providing services. Even after we stop providing services to you, we may retain some personal information to comply with legal and regulatory obligations. We may also retain personal information for fraud monitoring, detection, and prevention activities.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make changes to how we treat your personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

Sincerely,

Bar Friender Management Team.

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Contact us: customercare@bar-friender.com

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