Cardallot.com™ Legal agreement

Welcome to Cardallot.com ™ provided by Grow HQ, Inc. (the "Company", "us" or "us"). We are pleased to offer you access to the Service (as defined below), subject to these terms and conditions (the "Terms of Service") and the corresponding Privacy Policy of Cardallot.com. By accessing and using the Service, you express your consent, agreement and understanding of the Terms of Service and the Privacy Policy. If you do not agree to the Terms of Service or the Privacy Policy, do not use the Service.

General information:

The following is a brief summary of certain terms and conditions that are included in these Terms of Service. However, this summary is provided solely for your convenience; therefore, you should read all the Terms of Service before accepting them.

  • 1. Describes the Services and the Cardallot Account application process, and provides details on Cardallot's use and handling of Company Data.
  • 2. Process for obtaining and managing payment cards through your Cardallot Account, including issuance and use of Cards as governed by Card Terms between you and Issuers as incorporated into this Platform Agreement. This section also includes authorization to automatically debit your bank accounts for amounts you owe for payments using Cards.
  • 3. Legal terms including liabilities for losses and how disputes will be resolved, and information on how we provide Notices to you.
  • 4. Defined terms used in this Platform Agreement.

1. The Cardallot Platform

1.1 Services

The Services allow you to issue and manage Cards for your Users; manage expenses and reporting; and access, use, and connect Third-Party Services through your Cardallot Account; and access other functionality through your Cardallot Account. Cardallot may change or provide new Services but will not materially diminish or remove Services without Notice except where necessitated by an Issuer or Third-Party Service Providers or required by law.

1.2 Data

The Card Networks, Cardallot, and Issuers collect Company Data through your use of the Cards, the Services, and Third-Party Services. We may use Company Data to provide Services to you and to assist in underwriting, identity verification, internal reporting and analysis, fraud prevention, dispute resolution, and development of products and services.

1.3 Applying for a Cardallot Account

You will need to provide Company Data and certain Personal Data when submitting an application for a Cardallot Account. Company Data may include business information (such as registered business name and state of incorporation for Company, the business address, ownership details, the nature of the business, and details from Linked Accounts and other business information we may request from time to time), Personal Data (such as the name, contact information, and date of birth of Users or beneficial owners), and documentary information used to verify business and Personal Data (such as corporate registration certificate, proof of address, or personal identification).

We provide Company Data and Personal Data to Issuers and Third-Party Service Providers to determine your eligibility for the Services and Cards. We may immediately approve or deny your application or grant you provisional access to the Services or your Cardallot Account while your application is pending. Cardallot and Issuers rely on the accuracy of Company Data and Personal Data when opening and maintaining your Cardallot Account. We may deny Applications, interrupt provision of the Services to you, or suspend or close your Cardallot Account for any reason including where Company Data or Personal Data is out of date, incomplete, or inaccurate. You will keep Company Data and each User’s Personal Data current, complete, and accurate in your Cardallot Account whether we provide you with full or provisional access.

1.4 Managing your Cardallot Account

You must specify at least one Administrator to manage your Cardallot Account when submitting your Application. Administrators can add, remove, or manage additional Administrators and Users; request and manage Cards for Users; establish spending limits; view transactions and run reports; provide or update Company Data; connect Linked Accounts, Third-Party Services, and other accounts to your Cardallot Account; and perform other tasks to manage your Cardallot Account. You are responsible for any actions or failure to act on the part of Administrators or Users, or those using their credentials to access your Cardallot Account.

1.5 Requirements and Prohibited Activities

Only companies organized and registered in the United States (such as C-corps, S-corps, LLCs, or LLPs) may apply for a Cardallot Account. Consumers, sole proprietors, unincorporated partnerships, and companies registered outside the United States are not permitted to use, or attempt to open or use, a Cardallot Account.

2. Payment Cards

2.1 Card Terms

Cards are issued by an Issuer identified on the back of physical Cards issued to you, in the Card Terms, and relevant program materials provided to you. The Card Terms govern your use of the Cards. You may only use the Cards if you, your Administrators, and your Users consent to the applicable Card Terms. Issuers may update Card Terms at any time by providing Notice to you through Cardallot and your continued use of the Cards constitutes your acceptance of the updated Card Terms.

2.2 Spending Limits

We work with Issuers to establish a Company’s spending limit taking various factors into account including available funds, spending patterns, unbilled volume, and the nature of the Company’s business. We do not disclose spending limits but may provide guidance identifying whether specific transactions or monthly volumes may exceed any limit. Spending limits are dynamic and may be modified at any time with or without Notice to you, including temporarily increases or decreases to your spending limits or reducing spending limits to $0. Administrators may set User-specific limits or controls through your Cardallot Account, but the aggregate spending limit for all Users may not exceed the spending limit established for the Company.

2.3 Requesting and Replacing Cards

Administrators may request Card issuance for Users through your Cardallot Account but may not provide to and will not request Cards for individuals that are not employees, subcontractors, or any other persons not affiliated with or authorized by the Company. Cards may be denied or canceled due to changes in Issuers’ policies, as required by law, or for other reasons we determine are appropriate under the circumstances. Cards may be issued to Users as physical or virtual cards (a Card issued without an associated physical card). By default, new Users will be issued both a physical and virtual Card and will be able to view transactions and manage their Cards through the Cardallot Account.

You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Card is lost, stolen, breached, or needs to be replaced. In such cases, Administrators may request the issuance of replacement Cards by Issuers through your Cardallot Account. Replacement Cards may have new account numbers that will require you to update the Card on file for any scheduled or recurring payments. If you do not update the Card for scheduled or recurring payments, the transactions may not be completed. You are solely responsible for updating Cards stored with merchants.

2.4 Using Cards

Users may only use Cards for bona fide business-related Charges. You are responsible for Charges made by any individuals given access to Cards even if they are not the person associated with or named on the Card. You will establish and maintain controls designed to ensure that the Cards are only used for bona fide Company purposes and in compliance with Card Network rules.

If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, including delivery of the incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If such a dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback through your Cardallot Account. The Card Networks have established procedures for resolving Chargebacks that may require that you provide details of the disputed Charge or associated documentation. Chargebacks resolved in your favor will be credited to a future Periodic Statement.

2.5 ACH Authorization

THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNTS FOR ALL AMOUNTS YOU OWE UNDER THIS PLATFORM AGREEMENT. PLEASE READ IT THOROUGHLY.

Authorization to Debit Linked Accounts. You authorize Cardallot, Issuers, or their assigns to collect amounts owed under this Platform Agreement by debiting funds from the Linked Accounts at depository institutions (including banks and credit unions) using the Automated Clearinghouse (ACH) network governed by the rules established by the National Automated Clearinghouse Association (NACHA). These debits are bound by NACHA rules for business-related ACH debits.

We will debit Linked Accounts for all amounts owed to us under this Agreement. If we cannot collect these amounts via ACH, you agree to immediately pay all amounts owed as directed. You also authorize Cardallot, Issuers, or their assigns to immediately these debit Linked Accounts where the total aggregate balance of Linked Accounts is less than any balance minimums that we have communicated to you; or where we determine in our sole discretion that the Company poses or may pose an unacceptable risk to Cardallot, Issuers, or third parties.

Withdrawing Your Authorization To withdraw the debit authorization from a Linked Account, you must provide us 30-day advanced Notice and pay all amounts owed under your Cardallot Account immediately, including Charges and other amounts that may be included in future Periodic Statements. Withdrawal of a debit authorization does not terminate the Platform Agreement or your obligation to pay all amounts owed under this Platform Agreement or the Card Terms. Company will be responsible for all costs of collections and damages under this Platform Agreement if amounts owed are not paid by Company as described in this Platform Agreement.

3. Additional Terms

3.1 Term and Termination

This Platform Agreement is effective when you submit an application to Cardallot and continues until terminated by either you or us, or in accordance with the Card Terms or as otherwise set forth in this Platform Agreement.

You may terminate this Platform Agreement by paying all amounts owed and providing Notice to us, but are still responsible for Charges, Fees, Fines, and other losses caused by your action or inaction prior to terminating the Platform Agreement. If you reapply or reopen your Cardallot Account or use or attempt to use the Services or Cards you are consenting to the Platform Agreement in effect at that time. Cardallot may terminate this Platform Agreement, or suspend your Cardallot Account or Cards, by providing you Notice.

3.2 Notice and Communication

You consent to us providing Notices to you under this Platform Agreement electronically and understand that this consent has the same legal effect as a physical signature.

We will provide Notices regarding activity and alerts to your Cardallot Account electronically through your Cardallot Account, email, and via text or SMS to the contact information provided to us by Administrators and Users. Notices affecting payment and legal terms will be sent to Administrators through your Cardallot Account or email and are considered received 24 hours after they are sent. You understand that you may not use the Services or Cards unless you consent to receive Notices electronically. You may only withdraw consent to receive Notices electronically by closing your Cardallot Account.

3.3 Disclaimer of Warranties by CARDALLOT

THE SERVICES, CARDALLOT PROPERTY, AND BETA SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. CARDALLOT DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF SERVICES, CARDALLOT PROPERTY, AND BETA SERVICES AND NOTHING IN THIS PLATFORM AGREEMENT WILL BE INTERPRETED TO CREATE OR IMPLY ANY SUCH WARRANTY TO YOU. THIRD-PARTY SERVICES ARE NOT PROVIDED OR CONTROLLED BY CARDALLOT. CARDALLOT DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY THIRD-PARTY SERVICES. CARDALLOT DISCLAIMS ALL WARRANTIES AND DOES NOT GUARANTEE THAT: (A) SERVICES AND DATA PROVIDED UNDER THIS PLATFORM AGREEMENT ARE ACCURATE OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) THE SERVICES WILL BE USABLE BY COMPANY, ADMINISTRATORS, OR USERS AT ANY PARTICULAR TIME OR LOCATION; (D) SPECIFIC MERCHANTS WILL PERMIT PURCHASES USING CARDS ISSUED BY AN ISSUER; (E) SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM HACKING, VIRUSES, OR MALICIOUS CODE; AND (F) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, EVEN WHEN WE ARE ADVISED OF SUCH DEFECTS.

3.4 Indemnification

You agree to indemnify and defend Cardallot (including our affiliates, employees, contractors, and Third-Party Service Providers) against losses that result from or are related to claims, proceedings, suits, or actions brought by or initiated against Cardallot by any third party due to your breach of this Platform Agreement, or an Administrator’s or User’s breach of obligations owed under this Platform Agreement, a User Agreement, the Card Terms or any other agreements with Cardallot; for amounts owed by Company to third parties; for acts or omissions of Administrators, Users, or other Company employees or agents; for Company's use of Third-Party Services; or for disputes over Charges between Company and merchants.

3.5 Legal Process

We may respond to and comply with any legal order we receive related to your use of the Services, including subpoenas, warrants, or liens. We are not responsible to you for any losses you incur due to our response to such legal order. We may take any actions we believe are required of us under legal orders including holding funds or providing information as required by the issuer of the legal order. Where permitted, we will provide you reasonable Notice that we have received such an order.

3.6 Assignment

Cardallot may assign, pledge, or otherwise transfer this Platform Agreement or its rights and powers under this Platform Agreement without providing Notice to you. Any such assignee will have all rights as if originally named in this Platform Agreement instead of Cardallot. Company may not assign this Platform Agreement or rights provided, or delegate any of its obligations, without Cardallot's express written consent.

3.7 Changes to this Platform Agreement

We may modify this Platform Agreement or provide another agreement governing your use of the Services or any portion of them by providing you Notice. Any Administrator’s or User’s continued use of the Services or Cards constitutes your consent to the revised Platform Agreement.

Any waiver, modification, or indulgence that we provide to Company, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under this Platform Agreement for any other or future acts, events, or conditions. Further, any delay by Cardallot in enforcing our rights under this Platform Agreement does not constitute forfeiture of such rights.

4. Defined Terms

Cardallot Account means your corporate account with Cardallot that is used to access Services including reviewing expenses and managing Cards.

Users means any employees, contractors, agents, or other individuals permitted to use Services or Cards on your behalf.

Administrator means the authorized signer that is authorized by you to manage your Cardallot Account and act on behalf of the Company, including consenting to this Platform Agreement.

Cards means physical or virtual payment cards issued by an Issuer and managed through your Cardallot Account.

Card Networks means the payment card networks including Visa or Mastercard.

Third-Party Services means services and data provided by third parties connected to or provided through Services. Third-Party Services include accounting or expense management platforms (such as Stripe, QuickBooks, Xero, and NetSuite) and applications used to monitor Linked Accounts (such as Finicity).

Personal Data means data that identifies or could reasonably be used to identify a natural person.

Notice means any physical or electronic communication or legal notices related to this Platform Agreement that are provided to you, Users, or Administrators through text or SMS, email, your Cardallot Account, or by other means.

Issuer means the bank that is a member of the Card Network indicated on Cards and is responsible for issuing the Cards to you.

Dispute means any dispute, claim, or controversy arising from or relating to this Platform Agreement, including any incorporated terms.

Company or you means the company that is applying for or has opened a Cardallot Account use the Services and manage Cards and is executing this Platform Agreement.