Terms of Service

Thank you for your interest in NylaBank!

The terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”) govern your use and access to the website located at https://nylabank.com (together with any successor websites, the “Site”) operated by or on behalf of Baraqa Technologies Inc. (“NylaBank,” “we,” “us,” or “our”) and all products, services, content, tools, features, functionalities and technologies offered on or through the Site (collectively with the Site, the “Service”). By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you may not access, browse, or otherwise use the Service. 

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. While we will use reasonable efforts to notify you of any material changes to these Terms of Service, either through the Service user interface, a pop-up notice, email, or through other reasonable means, your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. 

Your Privacy: At NylaBank, we respect the privacy of our users. For more information regarding how we handle the information you provide to us when you use the Service, please see our Privacy Policy. 

Access and Use of the Service

Subject to your compliance with these Terms of Service, NylaBank hereby grants to you, a personal, limited, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that NylaBank, in its sole discretion, may elect to take.

Conditions of Access and Use

You agree to not use the Service to:

1. modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;
2. duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;
3. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Service;
4. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; 
5. violate any applicable local, state, national, or international law, or any regulations having the force of law; 
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
8. introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; 
9. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by NylaBank from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network); or
10. access or use the Service in any way not expressly permitted by these Terms of Service.

Proprietary Rights:

The “look and feel” of the Site, all content thereon and the technology and software underlying the Service or distributed in connection therewith are the sole and exclusive property of NylaBank, its affiliates, and its licensors. Any rights not expressly granted herein are reserved by NylaBank.  

The NylaBank and Baraqa Technologies names and logos (collectively the “NylaBank Trademarks”) are trademarks and service marks of NylaBank. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NylaBank. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NylaBank Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of NylaBank Trademarks will inure to our exclusive benefit.

You hereby authorize NylaBank and its third-party service providers to derive statistical and usage data relating to your use of the Service. We may use such data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service (“Submissions”), provided by you to NylaBank are non-confidential and NylaBank will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

Third-Party Services and Websites

The Service may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. NylaBank has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not NylaBank, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. NylaBank enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. NylaBank will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.

Indemnification

To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless NylaBank, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “NylaBank Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. NylaBank will provide notice to you of any such claim, suit, or proceeding. NylaBank reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting NylaBank’s defense of such matter. You may not settle or compromise any claim against the NylaBank Parties without NylaBank’s written consent. 

‍Services Disclaimer: NylaBank is a financial technology company and not a financial institution. Banking services are provided by financial institutions that NylaBank partners with. These banking services may be subject to additional terms and conditions.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NYLABANK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE NYLABANK PARTIES MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NYLABANK PARTIES WILL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NYLABANK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE: RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE; OR (B) ANY OTHER DAMAGES OR LOSSES IN EXCESS OF THE GREATER OF (I) THE AMOUNT YOU HAVE PAID NYLABANK IN THE LAST SIX (6) MONTHS AND (II) ONE HUNDRED DOLLARS ($100). 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

General

These Terms of Service constitute the entire agreement between you and NylaBank governing your access and use of the Service, and supersede any prior agreements between you and NylaBank with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use Third-Party Services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Delaware without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and NylaBank submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware. The failure of NylaBank to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of NylaBank, but NylaBank may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.” Notices to you shall be made by email to the email address you use when registering for the Service. NylaBank will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, pandemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond NylaBank’s reasonable control.

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Questions? Concerns? Suggestions?

Please contact us at salaam@nylabank.com or 1007 N Orange St. 4th Floor Suite #3003, Wilmington, Delaware 19801, United States to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.