1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Blinka Tech Corp, a Delaware corporation (“Blinka,” “we,” “us,” or “our”). By accessing or using the Blinka platform, website, mobile applications, APIs, or any of our services (collectively, the “Services”), you agree to be bound by these Terms. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and “you” refers to both the individual and the entity. If you do not agree to these Terms, you may not access or use the Services. We recommend that you print or save a copy of these Terms for your records.2. About Blinka
Blinka Tech Corp is a financial technology company that provides business banking, payments, and treasury management tools through its platform. Blinka is not a bank, credit union, or other chartered depository institution. We partner with licensed and regulated financial institutions and service providers to deliver the Services described in these Terms.3. Definitions
For purposes of these Terms, the following definitions apply:- “Account” means the business account(s) you open and maintain through the Services.
- “Authorized User” means any individual you designate to access and use the Services on behalf of your business.
- “Business Day” means Monday through Friday, excluding federal holidays observed in the United States.
- “Platform” means the Blinka web application, mobile applications, APIs, and any related software or tools we make available.
- “Services” means the financial technology services, including business banking, payment processing, treasury management, invoicing, and related services provided through the Platform.
- “Transaction” means any payment, transfer, deposit, withdrawal, or other financial operation initiated through the Services.
- “User” or “you” means the business entity and/or the individual who registers for and uses the Services.
4. Eligibility
To be eligible to use the Services, you must:- Be a business entity duly organized and in good standing under the laws of the United States, or a sole proprietor operating within the United States.
- Have at least one Authorized User who is at least eighteen (18) years of age and legally able to enter into binding agreements.
- Provide accurate, complete, and current information as required during the registration and Know Your Business (KYB) verification process.
- Not be located in, or a national or resident of, any country subject to U.S. trade sanctions, export restrictions, or embargoes.
- Not be listed on any U.S. government list of prohibited or restricted parties, including the Office of Foreign Assets Control (OFAC) Specially Designated Nationals List.
5. Account Registration
To use the Services, you must create an account through our Platform. During registration, you will be required to provide certain information about your business, including but not limited to your legal business name, Employer Identification Number (EIN), business address, and the personal information of beneficial owners and authorized representatives. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials. We may require additional documentation or information at any time to verify your identity, the identity of beneficial owners, or the nature of your business. Failure to provide requested information may result in the suspension or termination of your account.6. Services
Blinka provides the following services through its Platform, subject to these Terms:- Business Banking. Account opening, deposit management, and balance monitoring for business accounts.
- Payments. Domestic and international payment processing, including wire transfers, ACH payments, and other payment methods as made available.
- Treasury Management. Tools for managing cash positions, optimizing working capital, and accessing yield-generating products.
- Invoicing and Billing. Invoice creation, delivery, tracking, and payment collection tools.
- Counterparty Management. Tools for managing vendor relationships, payment recipients, and business contacts.
7. Banking Services
The business banking features available through the Platform, including deposit accounts, are made possible through our partnerships with licensed banking institutions. Deposit accounts opened through the Platform are held at and issued by our banking partner(s). Blinka Tech Corp itself does not hold deposits, issue bank accounts, or make loans. Banking services, including deposit accounts, are provided by Erebor Bank, N.A., Member FDIC. Deposits held at Erebor Bank, N.A. are eligible for FDIC insurance up to the applicable limits. FDIC insurance covers the failure of an insured depository institution and does not protect against the loss of value of any particular investment or protect against the failure of any non-bank entity. For more information about FDIC insurance coverage, please visit www.fdic.gov. Your use of banking services is also subject to the terms and conditions of our banking partner(s), which will be provided to you separately during the account opening process. In the event of a conflict between these Terms and the terms of our banking partner(s), the banking partner’s terms will govern with respect to the banking services.8. Digital Asset and Stablecoin Services
Certain features of the Services may involve the use of stablecoins or other digital assets for payment processing, settlement, or treasury management purposes. These features are designed to facilitate faster, more efficient cross-border payments and settlement. Stablecoin and digital asset payment infrastructure is provided by Mural Pay, Inc. Mural Pay facilitates the conversion, transfer, and settlement of stablecoin-based transactions on behalf of Blinka and its users. Stablecoins are not legal tender, are not insured by the FDIC, and may be subject to value fluctuation. Your use of stablecoin-related features is also subject to any additional terms provided by Mural Pay. We will clearly disclose when a feature involves the use of digital assets or stablecoins. You acknowledge and agree that certain risks are inherent to digital asset transactions, including but not limited to network delays, smart contract risks, and regulatory changes that may affect the availability of these features.9. Fees and Charges
Your use of the Services may be subject to fees, which will be disclosed to you prior to incurring any charges. Our current fee schedule is available on the Platform and may be updated from time to time. Fees applicable to the Blinka Card are disclosed in the Card Terms. We reserve the right to change our fees at any time. We will provide you with at least thirty (30) days’ advance notice of any material changes to our fee schedule. Your continued use of the Services after the effective date of a fee change constitutes your acceptance of the updated fees. You authorize us to deduct applicable fees from your account balance or to charge fees to any payment method you have on file. If your account balance is insufficient to cover applicable fees, we may suspend your access to the Services until the outstanding balance is resolved.10. Prohibited Activities
You agree that you will not use the Services for any unlawful purpose or in violation of these Terms. A full list of prohibited cardholders, spending, and account activity is published in the Blinka Prohibitions, which forms part of these Terms. Without limiting the foregoing, you agree not to:- Use the Services in connection with any activity that violates any applicable federal, state, local, or international law or regulation, including without limitation, laws regarding anti-money laundering (AML) and countering the financing of terrorism (CFT).
- Use the Services to process transactions related to illegal goods or services, including but not limited to narcotics, firearms (except as permitted by law), counterfeit goods, or human trafficking.
- Engage in money laundering, structuring, or any activity designed to evade reporting requirements or conceal the source of funds.
- Use the Services to facilitate transactions with individuals or entities on any government sanctions list, or with any person or entity located in a sanctioned jurisdiction.
- Attempt to gain unauthorized access to the Platform, other users’ accounts, or any computer systems or networks connected to the Platform.
- Use the Services for any purpose that is fraudulent, deceptive, or misleading, or that infringes or violates the rights of any third party.
- Interfere with, disrupt, or place an undue burden on the Services or the networks or servers connected to the Services.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
- Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our prior written consent.
11. Intellectual Property
The Platform and all content, features, and functionality thereof, including but not limited to all information, software, text, graphics, logos, icons, and the design, selection, and arrangement thereof, are owned by Blinka Tech Corp, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes. This license does not include the right to sublicense, distribute, modify, or create derivative works based on the Platform. All trademarks, service marks, trade names, and logos displayed on the Platform are the property of Blinka Tech Corp or their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, trade name, or logo without the prior written consent of the respective owner.12. Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, share, and protect your personal information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.13. Disclaimers and Limitation of Liability
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLINKA TECH CORP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLINKA TECH CORP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLINKA TECH CORP, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO BLINKA DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).14. Indemnification
You agree to indemnify, defend, and hold harmless Blinka Tech Corp and its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, property, or privacy right; (d) any claim that your use of the Services caused damage to a third party; or (e) any content or data you submit or transmit through the Services.15. Dispute Resolution
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Class Action Waiver. You and Blinka agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in a class action lawsuit or class-wide arbitration against Blinka. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Informal Resolution. Before initiating any arbitration proceeding, you agree to first contact us at support@blinka.co to attempt to resolve the dispute informally. If we are unable to resolve the dispute within sixty (60) days, either party may proceed with arbitration as described above.The dispute resolution provisions above apply to the platform Services. Disputes concerning the Blinka Card are governed by the dispute resolution provisions of the Card Terms, which specify Puerto Rico as the governing law and venue.