Terms & Conditions

bankVOD Services and use of this or any other website, link and/or portal of bankVOD on which the bankVOD Services are provided are subject to these Terms. You can review the most current version of these Terms at any time at www.bankvod.com, or such other locations as we may designate. BY COMPLETING THE ENROLLMENT OR OTHER PROCESS AND/OR CLICKING THE “I ACCEPT” BUTTON, OR OTHERWISE ACCESSING OR USING THE BANKVOD SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. In addition, when using bankVOD Services, you shall be subject to any posted guidelines or rules applicable to such services, or changes to these Terms, which may be posted and modified from time to time. For Material Changes as defined in Section 3, bankVOD will provide at least thirty (30) days’ advance notice as set forth in Section 3. For Non-Material Changes, bankVOD may provide notice by email or other means it deems appropriate, as further set forth in Section 36 below of these Terms. It is your responsibility to check regularly for changes to these Terms and ensure that any contact information you provide to bankVOD is updated and correct. You understand that such guidelines, rules and changes, among other reasons, may be the result of a modification(s) of third-party agreements and/or industry standards, a Security Event (defined below), or a change in Laws (defined below), or the interpretation thereof. All such guidelines, rules or changes are hereby incorporated by reference into these Terms. Your continued use of the bankVOD Services following bankVOD’s changes or notice or posting will constitute your acceptance of such changes. If these Terms, including, without limitation, any future changes to these Terms, are unacceptable to you, your sole remedy is to cancel your participation in all bankVOD Services.

The following terms shall have the following meanings as used in these Terms.

“bankVOD Services” means the verification services and platform provided by bankVOD, including asset verification, customer verification, government verification, audit confirmations, and related services.

“Personal Information” means any information relating to, identifying or that can be reasonably linked to or associated with an individual, including information that is protected as personal information, personally identifiable information or personal data or similar term under applicable law.

“Requestor” or “you” or “your” means a party (such as an auditor, accounting firm, law firm, individual, or governmental agency) who initiates a Verification Request through the bankVOD Platform. If you are using bankVOD Services on behalf of a business entity, you represent that you are authorized to bind that entity, and "Requestor" or "you" or "your" refers to both you individually and that entity, jointly and severally.

“Verification Request” means a request for information submitted through the bankVOD Services by a Requestor seeking verification of financial information, assets, liabilities, or other data from a Responder.

“Verification Response” means the information provided by Requestor through the bankVOD Services in response to a Verification Request.

bankVOD reserves the right at any time and from time to time to modify, alter, redesign, or discontinue, temporarily or permanently, the bankVOD Services (or any part thereof) with or without notice. This may include, without limitation, modifying or redesigning the organization, specifications, structure, and/or appearance of the bankVOD Service, bankVOD website(s), and/or any location where your information/content may be displayed. For any Material Changes (as defined below), bankVOD will provide at least thirty (30) days’ advance notice to you by email, posting on the bankVOD website, or other reasonable means. “Material Changes” means changes that materially impact how the bankVOD Services operate or function, including but not limited to: (i) changes to core service functionality that substantially alter how you interact with or use the Services, (ii) changes to data access methods or authentication requirements, (iii) material changes to data retention, security practices, or your obligations under these Terms. Material Changes do not include: (a) changes to improve security, reliability, or performance that do not alter core functionality, (b) changes required by law or regulation, (c) changes to address technical issues or vulnerabilities, (d) addition of new features or services that do not impact existing functionality, or (e) minor modifications to user interfaces, workflows, or administrative processes.

BANKVOD SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE BANKVOD SERVICES, OR ANY PART THEREOF.

Preview and Experimental Features

From time to time, bankVOD may make available preview, beta, experimental, or pilot features ("Preview Features") through the bankVOD Services. Preview Features may be incomplete, subject to change, or discontinued at any time for any reason without notice or liability to you.

Requestor acknowledges and agrees that:

(i) Preview Features are provided "AS-IS" without warranty of any kind;

(ii) Preview Features are not recommended for production or time-sensitive use;

(iii) bankVOD may modify, limit access to, or discontinue Preview Features at any time;

(iv) Preview Features are not subject to service-level agreements or support commitments;

(v) bankVOD's total liability for any claim relating to or arising out of the Preview Features shall not exceed $1,000; and

(vi) Requestor may provide feedback on Preview Features, which bankVOD may use without obligation or compensation as described in Section 28.A below.

You acknowledge and understand that bankVOD will only allow you access to the bankVOD Services if you abide by, and continue to abide by, all the provisions of these Terms, and if your credentials can be verified in accordance with bankVOD’s internal credentialing procedures. If at any time you no longer meet bankVOD’s criteria for using bankVOD Services, bankVOD may immediately limit or terminate your access to the bankVOD Services.

You are responsible for obtaining access to the bankVOD Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the bankVOD Services.

You understand and agree that the technical processing and transmission of the bankVOD Services, including Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting to networks or devices.

You will receive a password and account designation during the bankVOD Services’ enrollment or other process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify bankVOD of any unauthorized use of your password or account or any other breach of security; (b) ensure that you exit from your account at the end of each session, and if you are using bankVOD Services on behalf of a business entity, immediately deactivate any password (i) of any person who no longer has a need to know, or (ii) for terminated employees, on or prior to the date of termination. BANKVOD CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 5.

Technical Security Requirements: bankVOD Services use industry-standard encryption protocols (TLS 1.2 or higher with 256-bit encryption) to protect data transmission. You must use supported and up-to-date web browsers and maintain current security software on devices used to access bankVOD Services.

Electronic Signature Equivalence: All information, verification requests, and communications submitted through bankVOD Services using your account credentials shall have the same legal force and effect as if such information had been transmitted in written form bearing your manual signature. You acknowledge and agree that:

bankVOD, Requestors, and other parties are entitled to rely on the authenticity, accuracy, and completeness of all information transmitted using your credentials;

You will be bound by all Verification Responses and communications submitted through your account, whether submitted by you directly or by an authorized user you have permitted to use your account.

If you believe your credentials have been lost, stolen, or compromised in any respect, you must immediately notify bankVOD at support@bankvod.com or 888-801-0091; and communications using your credentials received after bankVOD has had reasonable opportunity to respond to your notification may not be considered valid or effective.

A. You represent, covenant and warrant that:

You are 18 years old or older;

If you are using bankVOD Services on behalf of a business entity, you are authorized to bind that entity to these Terms, and both you individually and the entity are jointly and severally bound by and responsible for complying with these Terms.

If you are using bankVOD Services on behalf of a business entity, that entity is a corporation, partnership, limited liability company, or other legal entity duly formed and in good standing where required, with all necessary legal authority;

You are not utilizing bankVOD Services as a consumer, but for business or professional purposes;

You are not barred from receiving bankVOD Services under the laws of the United States or other applicable jurisdiction.

You will maintain appropriate technical and organizational security measures to protect access to bankVOD Services and any consumer data obtained through bankVOD Services, including but not limited to: (i) using supported operating systems and web browsers with current security patches; (ii) maintaining up-to-date anti-virus and anti-malware software on all devices used to access bankVOD Services; (iii) implementing appropriate network security controls, including firewalls and intrusion detection systems where appropriate; (iv) restricting access to bankVOD Services to Authorized Users only; (v) implementing appropriate physical security controls to prevent unauthorized access to devices used to access bankVOD Services; (vi) encrypting consumer data at rest and in transit; (vii) promptly reporting any security incidents, data breaches, or suspected unauthorized access to bankVOD; and (viii) complying with all applicable data security laws and regulations, including but not limited to, payment card industry standards if applicable.

B. As a Requestor you represent, covenant, and warrant (i) your use of bankVOD Services is solely for lawful purposes; (ii) you will provide complete and accurate information when submitting a Verification Request; (iii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any bankVOD Service, or any aspect or portion thereof; (iv) you will not alter or remove any identification, trademark, copyright, or other notice from any aspect of the bankVOD Services; (v) you will not use any means, including without limitation, any artificial intelligence or machine learning tool, and any robots, spiders, scripts, services, software or any manual or automatic device, tool or process, to data mine, scrape, crawl, cache or index the bankVOD Services or any information on or from the bankVOD websites, or otherwise use, access, or collect the foregoing by another automated means, and you shall not use the bankVOD Services, bankVOD websites, or any information therefrom to develop any software programs, including without limitation, to train or fine tune a machine learning or artificial intelligence system or model or any other analogous technologies; and (vi) the information you provide to bankVOD, and/or any act or omission by you relating to the bankVOD Services: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, rule, industry standard, and/or regulation, or bankVOD policies or guidelines (collectively, “Laws”); (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity; (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy; (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening; and (e) do not (as determined by bankVOD) reflect poorly on or tarnish the business, reputation or goodwill of bankVOD.

Insurance Requirements

bankVOD maintains the following insurance coverages:

(i) Commercial General Liability;

(ii) Cyber Liability / Technology Professional & Network Security, including coverage for privacy breach, data assets breach, network security and privacy liability, regulatory matters, cyber extortion, and electronic business interruption;

(iii) Professional Liability / Errors & Omissions;

(iv) Crime Insurance (Fidelity Bond), covering first- and third-party losses arising from fraudulent or dishonest acts; and

(v) Excess / Umbrella Liability.

Current certificates of insurance are available upon written request.

You agree to: (a) provide true, accurate, current, and complete information to bankVOD, including, but not limited to, information in any Verification Response and if requested, your entity legal name, contact information, regulatory certificate ID, website, federal tax ID, programs your institution elects to participates in as prompted by bankVOD’s enrollment or other form or process, or as required by Laws or otherwise (collectively, “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current, and complete, and (c) carefully and fully follow all bankVOD instructions. If you are using bankVOD Services on behalf of a business entity, you are required to promptly notify bankVOD of any change in ownership of that entity, any change in the name of that entity, and/or any change in the physical address of that entity.

As a Requestor, you represent, warrant, and covenant that you will provide complete and accurate information when making a Verification Request, including accurate identification of the consumer whose information is being verified and the specific information contained in the Verification Request.

In addition, you represent, warrant, and covenant that: (i) all information you provide to bankVOD in whatever media or medium is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any bankVOD data, information, systems and/or equipment, and (ii) submission of information by you to bankVOD will not cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window).

A. Permissible Purpose Requirements

As a Requestor, you represent, warrant, and covenant that you will only submit Verification Requests through bankVOD Services for lawful business purposes and only where you have a legitimate need for the information in connection with a transaction initiated by or involving the consumer. You shall not submit Verification Requests for any purpose prohibited by applicable Law, including but not limited to discriminatory purposes or purposes that would violate consumer privacy rights.

B. Consumer Authorization - Required Before Each Request

Before submitting a Verification Request through bankVOD Services, you shall obtain and maintain written (electronic or otherwise) authorization from the consumer (or their authorized representative) that:

(i) Specifically authorizes you to request the verification from bankVOD and third parties;

(ii) Identifies bankVOD as the verification platform that will be used;

(iii) Specifies the type of information to be verified (e.g., employment, income, account balance, asset verification);

(iv) Authorizes bankVOD and its service providers to obtain information from financial institutions, employers, government entities, and other third parties as necessary to fulfill the verification request;

(v) Informs the consumer of their rights under applicable privacy laws;

(vi) Complies with all applicable Laws including but not limited to the Gramm-Leach-Bliley Act (GLBA), the Fair Credit Reporting Act (FCRA) where applicable, state privacy laws, and other applicable regulations.

C. Authorization Retention and Production

You shall retain all consumer authorizations for a period of seven (7) years from the date of the Verification Request and provide copies to bankVOD upon request within ten (10) business days. You acknowledge that bankVOD may require you to produce consumer authorizations to demonstrate compliance with these Terms and applicable Laws.

D. Data Handling and Retention Requirements

You shall process personal or other information received through bankVOD Services only as necessary (i) for the purposes of performing your obligations under these Terms and fulfilling the specific purpose for which consumer authorization was obtained, and (ii) in accordance with your customer’s or client’s signed (electronic or otherwise) documented instructions, consent, authorization and/or approval, and in compliance with Laws.

You agree to retain Verification Request records and completed verification response data as follows: (i) six (6) months in online, accessible storage, (ii) six (6) months in offline archive storage, and (iii) thereafter maintained in cryptographically secured format (such as hashed or similar immutable technology) for an additional period as required by applicable Law. All other records and/or documentation relating to bankVOD or bankVOD Services shall be retained for a period of seven (7) years from the date of your last use of bankVOD Services, unless a shorter period is required by Law. Promptly upon request, but no later than ten (10) days after request from bankVOD, you shall provide any such records and/or documentation to bankVOD.

YOU ACKNOWLEDGE AND AGREE THAT BANKVOD SERVICES ARE NOT INTENDED TO SERVE AS YOUR PRIMARY DATA STORAGE OR RECORD RETENTION SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING AND MAINTAINING YOUR OWN RECORDS IN ACCORDANCE WITH YOUR BUSINESS REQUIREMENTS AND LEGAL OBLIGATIONS.

E. Prohibited Uses of Verification Data

You shall not use Verification Responses and any related verification data received through bankVOD Services for:

(i) Marketing, sales, solicitation, or promotional purposes;

(ii) Any purpose other than the specific purpose for which consumer authorization was obtained;

(iii) Creating, augmenting, or contributing to consumer profiles, databases, or lists for sale, license, or distribution to third parties;

(iv) Any use that would violate applicable privacy laws, consumer protection laws, or the consumer’s reasonable expectations based on the authorization provided;

(v) Any use prohibited by applicable Law.

F. Deletion Upon Request

In accordance with and if required by applicable Laws, upon receipt of a request from bankVOD, you shall immediately (i) remove from all your systems personal information you received from bankVOD, and confirm such in writing to bankVOD, and (ii) identify to bankVOD any third-parties to whom you provided such information. It shall not be implied from the immediately preceding sentence that you have the right to provide personal information you received from bankVOD to third-parties without authorization.

G. Certification Requirements

You may be required to certify your permissible purpose and consumer authorization at the time of each Verification Request. You acknowledge that false certification may result in immediate termination of your access to bankVOD Services, legal action, and referral to appropriate regulatory authorities.

Subject to applicable Law, you grant to bankVOD a fully paid-up, royalty free, perpetual, worldwide, irrevocable, transferable, and sublicensable license to utilize your information, data (including Your Data), Verification Requests, and other Content (defined below) that you provide to us for purposes necessary to provide the bankVOD Services, comply with legal obligations, and for bankVOD’s internal business operations.

Subject to applicable Law, and subject to these Terms, bankVOD grants to you a restricted, limited, revocable, non-transferable, non-sublicensable license to use Verification Requests received through bankVOD Services solely for the lawful purpose for which consumer authorization was obtained and only in connection with the specific consumer transaction for which a Verification Response is requested.

This license terminates automatically upon: (a) completion of the transaction for which the verification was requested, (b) you no longer have an account with bankVOD, (c) bankVOD no longer providing bankVOD Services to you, or (d) bankVOD revoking this license, including, without limitation, by terminating these Terms, which can be done without notice.

Without limiting the previous paragraphs, and notwithstanding any other provision of these Terms which may be to the contrary, verification data provided to you pursuant to the bankVOD Services shall not be used, whether directly or indirectly, by you for marketing, sales, solicitation, or the creation of or augmentation of any product(s) and/or service(s) for sale or license, nor shall you publish such information except as specifically authorized by the consumer or required by Law.

Your Data and Personal Information about you or your clients and customers are subject to our Privacy Policy. For more information, see the full bankVOD Privacy Policy at https://bankvod.com/privacy.html, or such other location as we may designate. You represent and warrant that you have provided all required notices and obtained all required consents to provide any data in Verification Response and Personal Information to us in connection with the bankVOD Services.

In addition, bankVOD and certain of its vendors and subprocessors may leverage artificial intelligence technologies, including large language models, to enhance the efficiency, quality, and features of the bankVOD Services. bankVOD will not use Your Data or Content you provide to train or develop publicly available artificial intelligence models, nor will bankVOD make Your Data and Content you provide available for any public use. To the extent bankVOD utilizes Your Data and Content you provide to improve or develop the bankVOD Services, such data and Content will be anonymized prior to use and will be used solely for the purpose of enhancing bankVOD's offerings to its customers. As between the parties, you retain all ownership of Your Data and the Content you provide, and nothing herein shall be construed as transferring any ownership rights in Your Data or the Content you provide to bankVOD. bankVOD will implement and maintain safeguards consistent with the confidentiality and data protection obligations set forth in these Terms to protect Your Data and Content you provide with any use of artificial intelligence technologies.

You certify that any individuals you authorize to access and use bankVOD Services on behalf of your organization (the “Authorized Users”) meet all of the following requirements:

Employment or Agency Relationship: Each Authorized User is an authorized employee, officer, contractor, or representative of your organization with a legitimate business need to access bankVOD Services for purposes of requesting verifications;

Proper Training: Each Authorized User has been properly trained on applicable legal requirements governing disclosure of customer information (GLBA, state privacy laws, applicable banking regulations), and your institution's internal disclosure authorization policies, and data security and confidentiality obligations;

Binding Authority: Each Authorized User is authorized to bind your organization to Verification Requests submitted through bankVOD Services, and you acknowledge that your organization will be legally bound by all actions taken by Authorized Users;

Confidentiality Obligations: Each Authorized User is subject to appropriate confidentiality, data security, and privacy obligations, whether through employment agreements, contractor agreements, or other binding arrangements;

Role-Based Access: Authorized Users include but are not limited to, compliance officers, operations staff, relationship managers, authorized disclosure personnel, and any other personnel at your organization who require access to bankVOD Services to review and respond to Verification Requests;

Account Management Responsibilities: You are responsible for: (a) maintaining accurate records of all Authorized Users and their access levels; (b) immediately notifying bankVOD and deactivating access when an Authorized User’s employment or relationship with your organization terminates or when such user no longer requires access; (c) monitoring Authorized Users’ activities and ensuring compliance with these Terms, including compliance with Permissible Purpose requirements and customer authorization requirements; (d) all actions taken by Authorized Users under your account, whether authorized or unauthorized; and (e) ensuring that Authorized Users do not share their credentials or permit unauthorized access;

Third-Party Access Prohibited: You shall not permit any third parties who are not Authorized Users as defined above to access or use bankVOD Services through your account. This includes but is not limited to: (a) independent contractors not properly trained and supervised; (b) third-party service providers who have not been approved by bankVOD; (c) affiliates or related entities without separate authorization; and (d) any individual who has not agreed to be bound by these Terms. If you discover unauthorized access by a third party, you must immediately notify bankVOD and change all account credentials.

Violations by Authorized Users: You acknowledge and agree that any violation of these Terms by an Authorized User shall be deemed a violation by you, and you shall be fully responsible for all consequences of such violations, including but not limited to, indemnification obligations, termination of access, and legal liability.

You acknowledge that the information available through the bankVOD Services may include personally identifiable information and it is your obligation to keep all such accessed information confidential and secure. Accordingly, (i) restrict access to bankVOD Services to only those of your employees who have a need to know as part of their official duties; (ii) ensure that none of your employees shall obtain and/or use any information received through bankVOD Services for personal purposes; (iii) not transfer any information received through the bankVOD Services to any party except as permitted by these Terms and the applicable customer authorization; (iv) in addition to any obligations under these Terms, take all measures to prevent by any person or entity unauthorized access to, or use of, the bankVOD Services or data received therefrom, whether the same is in electronic form or hard copy; (v) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through bankVOD Services; (vi) be capable of receiving the bankVOD Services where the same are provided utilizing “secure socket layer,” or such other means of secure transmission as is deemed reasonable by bankVOD; (vii) not access and/or use the bankVOD Services via mechanical, programmatic, robotic, scripted, scraping, or other such means, other than through batch or machine-to-machine applications or other applications approved in writing by bankVOD; and (viii) take all steps necessary to protect your networks and computer environments, or those used to access the bankVOD Services, from compromise.

You agree that on at least a calendar quarterly basis you will review searches and requests performed by you to ensure that such searches and requests were performed for a legitimate business purpose and in compliance with all terms and conditions in these Terms. You will implement policies and procedures to prevent unauthorized use of information or data received through bankVOD Services, and you will immediately notify bankVOD, in writing to bankVOD, if you suspect, or have reason to believe or confirm that information or data received or derived, directly or indirectly, from bankVOD Services, is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than the legitimate business reasons and permitted uses as set forth in these Terms.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, YOU SHALL REMAIN LIABLE FOR COSTS ASSOCIATED WITH SECURITY EVENTS CAUSED BY YOUR BREACH OF YOUR SECURITY OBLIGATIONS UNDER THIS SECTION 13, INCLUDING YOUR FAILURE TO IMPLEMENT ADEQUATE SECURITY MEASURES OR YOUR EMPLOYEES’ OR CONTRACTORS’ UNAUTHORIZED ACCESS OR USE. YOU SHALL REIMBURSE BANKVOD FOR ANY EXPENSES IT INCURS DUE TO YOUR FAILURE TO PREVENT IMPERMISSIBLE USE OR ACCESS OF BANKVOD SERVICES RESULTING FROM YOUR BREACH OF THIS SECTION 13, AND/OR ANY INFORMATION OR DATA RECEIVED OR DERIVED, DIRECTLY OR INDIRECTLY, FROM BANKVOD SERVICES, AND/OR ANY ACTIONS REQUIRED AS A RESULT THEREOF.

Furthermore, in the event that the information or data of third parties you receive when using bankVOD Services includes Personal Information, the following shall apply: you acknowledge that upon unauthorized acquisition or access of or to such Personal Information resulting from your breach of your obligations under this Section 13 (a “Security Event”), at your sole cost, you shall immediately notify bankVOD in writing that a Security Event has occurred, and at bankVOD’s written request or if required by Law, you shall notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and as may be required by bankVOD or applicable Law, you shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies). You agree that unless required by applicable Law, such notifications (to individuals or third parties) shall not reference bankVOD or the product through which the data was provided, nor shall bankVOD or bankVOD Services be otherwise identified or referenced in connection with the Security Event, without bankVOD’s express written consent and approval of the wording of such notification; provided that if applicable Law requires that bankVOD or bankVOD Services be mentioned, the language of such shall not be made only with the prior written approval of bankVOD.

You shall be solely responsible for any other legal or regulatory obligations, which may arise under applicable Law in connection with a Security Event caused by your breach of this Section 13, and you shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. YOU SHALL REMAIN LIABLE FOR CLAIMS THAT MAY ARISE FROM A SECURITY EVENT CAUSED BY YOUR BREACH OF YOUR OBLIGATIONS UNDER THIS SECTION 13, INCLUDING, BUT NOT LIMITED TO, COSTS FOR LITIGATION (INCLUDING ATTORNEYS’ FEES), AND REIMBURSEMENT SOUGHT BY INDIVIDUALS OR BUSINESSES, INCLUDING BUT NOT LIMITED TO, COSTS FOR CREDIT MONITORING OR ALLEGATIONS OF LOSS IN CONNECTION WITH THE SECURITY EVENT, and, without limiting any other provision of these Terms, to the extent that any claims are brought against bankVOD in relation to a Security Event caused by your breach of this Section 13, you shall indemnify and hold harmless bankVOD, its affiliates, and its and their owners, directors, officers, partners, employees, contractors, representatives, agents, third-party service providers, licensors, successors and assigns (collectively, “bankVOD Indemnitees”) from such claims. You shall immediately and fully respond to bankVOD information or data requests in relation to a Security Event.

Without limiting any provision of these Terms, in the event of a Security Event, bankVOD may, in its sole discretion, take immediate action, including suspension or termination of your access to bankVOD Services, without further obligation or liability of any kind.

Not a Consumer Reporting Agency. bankVOD does not act as a consumer reporting agency as defined under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”). Verification Responses provided through bankVOD Services do not constitute a “consumer report” as defined under FCRA.

Permissible Purpose Certification. If you intend to use Verification Responses and associated verification data received through bankVOD Services in connection with any decision or action regulated by FCRA (including but not limited to, credit decisions, employment decisions, insurance underwriting, tenant screening, or other purposes requiring a consumer report), you represent, warrant, and covenant that:

You have obtained or will obtain proper consumer reports from consumer reporting agencies that are compliant with FCRA;

You have or will obtain all required customer authorizations and provide all required notices under FCRA, including but not limited to, the Summary of Rights and adverse action notices;

You have a permissible purpose under FCRA Section 604 for any use of data in connection with FCRA-regulated decisions;

You will use verification data from bankVOD Services only to verify or supplement information obtained through proper FCRA-compliant consumer reports, and not as a substitute for such consumer reports;

You will comply with all FCRA requirements regarding adverse action notices, reinvestigation procedures, and consumer rights;

You understand that verification data from bankVOD Services does not include the dispute resolution, accuracy guarantees, and consumer protections required for consumer reports under FCRA.

Prohibited Uses Under FCRA Context. You shall not:

Use bankVOD verification data as the sole or primary basis for any decision subject to FCRA’s adverse action requirements;

Represent to consumers or third parties that bankVOD Services provide consumer reports or that bankVOD is a consumer reporting agency;

Use bankVOD Services to circumvent or avoid FCRA obligations or consumer protections;

Make any credit, employment, insurance, housing, or other FCRA-regulated decision without obtaining proper consumer reports from FCRA-compliant consumer reporting agencies.

Indemnification for FCRA Violations. Without limiting Section 31 of these Terms, you specifically agree to indemnify and hold harmless the bankVOD Indemnitees from any claims, damages, liabilities, or expenses (including attorneys’ fees) arising from your failure to comply with FCRA or your misuse of bankVOD Services in connection with FCRA-regulated activities.

Additional Certifications. bankVOD may require additional certifications from you regarding your FCRA compliance program, including but not limited to: proof of customer authorization, copies of required FCRA notices provided to consumers, documentation of permissible purpose, and evidence of proper consumer report usage from FCRA-compliant consumer reporting agencies.

B. Data Subject Requests

This section provides general procedures to be followed relating to requests from consumers relating to their Personal Information. Please note that certain of these rights may not apply if the Personal Information is Specialized Data and subject to the specific provisions of the laws applicable to such Specialized Data.

1. Consumer Access Requests
2. Correction and Dispute Requests
3. Deletion Requests

This section provides certain procedure relating to consumer rights regarding their Personal Information. Upon receipt of a request from a consumer to access their Personal Information that you obtained through bankVOD Services, you shall within thirty (30) days either: (i) provide the consumer with the information you obtained, or (ii) direct the consumer to contact bankVOD directly. You shall maintain records of all consumer access requests and your responses for a period of seven (7) years.

If a consumer disputes the accuracy, completeness, or authenticity of a Verification Response you provided through bankVOD Services, you shall:

Immediately flag the disputed data in your systems and cease relying on it for any decisions affecting the consumer until the dispute is resolved;

Within five (5) business days, notify bankVOD in writing of the dispute, including all details provided by the consumer;

Cooperate with bankVOD’s investigation of the dispute;

If the information is determined to be inaccurate or incomplete, immediately request updated information through bankVOD Services;

Notify the consumer of the resolution within ten (10) business days of resolution.

You acknowledge that verification data obtained through bankVOD Services should be used in conjunction with, not as a replacement for, your own due diligence and verification procedures. You remain responsible for the accuracy of any decisions you make based on verification data.

Upon receipt of a valid consumer request to delete their Personal Information, or upon notification from bankVOD that a consumer has requested deletion, you shall delete such information from all your systems within ninety (90) days, subject to legal retention requirements, and confirm such deletion in writing to bankVOD. You shall maintain documentation of deletion requests and actions taken for a period of seven (7) years or the period required by applicable law, whichever is shorter.

(iv) Do Not Process Requests

If bankVOD notifies you that a consumer has requested that their information not be processed or that you cease requesting verifications for a particular consumer, you shall immediately:

Cease requesting any verifications for that consumer through bankVOD Services;

Delete any previously obtained information about that consumer, subject to legal retention requirements;

Flag that consumer in your systems to prevent future verification requests; and

Confirm compliance in writing to bankVOD within ten (10) business days.

(v) Privacy Rights Under State Laws

You acknowledge that consumers may have privacy rights under various state laws, including but not limited to, the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), and similar laws. You shall comply with all such applicable privacy laws with respect to Verification Requests and Verification Responses provided through bankVOD Services, and you shall cooperate with bankVOD in responding to consumer rights requests.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials (“Content”), whether publicly or privately posted or transmitted, are the sole responsibility of the person from whom such Content originated. Content may include links in bankVOD Services to other Internet sites (including, without limitation, web or mobile) of third-parties.

THIS MEANS THAT YOU, AND NOT BANKVOD, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE BANKVOD SERVICES, EVEN IF ON A FORM OR MEDIA PROVIDED BY BANKVOD OR OTHERS. BANKVOD DOES NOT CONTROL THE CONTENT PROVIDED BY AND/OR POSTED BY YOU OR ANYONE ELSE VIA THE BANKVOD SERVICES. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT BANKVOD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SITES, RESOURCES OR LINKS ON OR IN BANKVOD SERVICES, AND BANKVOD DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BANKVOD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE(S) OR RESOURCE(S).

The forms provided by bankVOD are subject to the input of governmental entities, financial institutions, employers, and/or other third parties, and, as such, bankVOD does not warrant and/or guarantee the accuracy, integrity, or quality of such Content and/or forms.

For clarity, bankVOD does not claim ownership of Content of you or other parties and only claims ownership of Content originating from bankVOD.

Subject to applicable Law, with respect to Content you submit or make available on in relation to bankVOD Services, including but not limited to, any bankVOD website, you grant bankVOD the perpetual, irrevocable, sublicenseable, and free right to use, distribute, reproduce, and adapt your Content (in whole or in part) in connection with the provision of the bankVOD Services or bankVOD’s business, including without limitation, incorporating your Content into other works in any format or medium now known or later developed.

Any reproduction, publication, distribution, or public exhibition of the materials provided on the bankVOD Services, in whole or in part, by you, not authorized by bankVOD in writing, is strictly prohibited.

You acknowledge that bankVOD may or may not pre-screen Content, but that bankVOD and its designees shall have the right (but not the obligation) in their sole discretion to pre‑screen, refuse, or remove any Content that is available via the bankVOD Services or provided via the bankVOD Services. Without limiting the foregoing, bankVOD and its designees shall have the right to remove any Content that violates these Terms or, in bankVOD’s sole opinion, is otherwise objectionable.

You understand that the bankVOD Services and software embodied within the bankVOD Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by bankVOD and/or content providers who provide content to the bankVOD Services. You shall not attempt to override or circumvent any of the usage rules embedded into, or otherwise with, the bankVOD Services.

UNDER NO CIRCUMSTANCES WILL BANKVOD BE LIABLE IN ANY WAY FOR (i) ANY CONTENT AND/OR FORMS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR FORMS, AND/OR (ii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND/OR FORMS, WHETHER OR NOT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE BANKVOD SERVICES. CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH CONTENT.

You agree to not use the bankVOD Services to:

upload, post, email, transmit or otherwise make available any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

harm any person, including but not limited to minors, and any entity, in any way;

impersonate any person or entity, including, but not limited to, bankVOD, another person or entity utilizing (or allegedly utilizing) bankVOD Services, a governmental entity, financial institution, any third party, and/or employer or prospective employer, and/or official, employee, and/or representative of the foregoing, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the bankVOD Service;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, contract, fiduciary relationships, and/or otherwise (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy or other proprietary rights of any party;

upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the bankVOD Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in exchanges;

interfere with or disrupt the bankVOD Services or servers or networks connected to the bankVOD Services, or disobey any requirements, procedures, policies or regulations of bankVOD and/or the networks connected to the bankVOD Services;

provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to a person(s) or an organization(s) designated by the United States government as terrorist or otherwise;

“stalk” or otherwise harass another; and/or

collect or store personal data about other users of the bankVOD Services and/or the bankVOD Services.

You will not create profile of users of BANKVOD Services, or market to users of bankVOD Services.

You shall not: (i) interfere or attempt to interfere with the proper working of the bankVOD websites, bankVOD Services, and/or bankVOD systems; (ii) use or combine the bankVOD websites, bankVOD Services and/or bankVOD systems with software, which creates any obligation with respect to bankVOD contrary to these Terms; or (iii) grant to any third party any rights to, or immunities in relation to, bankVOD’s intellectual property or proprietary rights.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the bankVOD Services and transfer and posting of data to bankVOD and/or via the bankVOD Services may be subject to the export and import laws of the United States and/or other countries. You agree to comply with all applicable export and import laws and regulations. Without limiting the foregoing, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to, the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, the United Kingdom’s HM Treasury’s Consolidated List of Sanctions Targets, or the European Union’s Consolidated List of Persons, Groups, and Entities Subject to the European Union’s Financial Sanctions. Nor will you transfer software, technology, and other technical data via the bankVOD Services to parties identified on such lists; (b) agree not to use the bankVOD Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the bankVOD Services any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

Data provided through the bankVOD Services is currently sourced from and stored in data centers located within the United States and pertains to residents of, and businesses located in, the United States. Users may access bankVOD Services from locations within or outside the United States, provided they comply with all applicable export/import laws. bankVOD may in the future offer data centers in additional jurisdictions to serve international customers, subject to these Terms.

In addition, in the future, upon notice to you, bankVOD may at its sole discretion host and provide bankVOD Services and maintain Your Data, Content, Verification Requests and Verification Responses from the bankVOD Services in the cloud through Amazon Web Services or such other cloud services provider specified by bankVOD (“Cloud Solution”). In such a case, bankVOD will no longer provide a hosted or on-premises solution. bankVOD will continue to provide the same availability and service levels for the bankVOD Services through the Cloud Solution as specified in these Terms. bankVOD represents that (a) data provided through the bankVOD Services, including Your Data, Content and Output may be maintained in data centers in one or more geographic regions as determined by bankVOD and in accordance with bankVOD's data residency policy and applicable regulatory requirements, and bankVOD shall comply with all applicable data protection and privacy laws governing the storage and processing of Your Data, Content and Output in any such region; and (b) bankVOD will implement and maintain and require the providers of the Cloud Solution to maintain administrative, technical, physical, and organizational safeguards consistent with industry standards and applicable laws designed to protect the Your Data, Content and Output from unauthorized use and access.

You acknowledge that bankVOD may establish general practices and limits concerning use of the bankVOD Services, including without limitation the maximum number of days that your information, email messages, message board postings Your Data, Output or other uploaded Content will be retained by bankVOD Services, the maximum number of email messages that may be sent from or received by an account or otherwise on the bankVOD Services, the maximum size of any email message that may be sent from or received by an account or otherwise on the bankVOD Services, the maximum space, if any, that will be allotted on bankVOD’s servers on your or anyone else’s behalf, and the maximum number of times (and the maximum duration for which) you or anyone may access the bankVOD Services in a given period of time.

bankVOD reserves the right at its sole discretion upon notice to modify its storage procedures, including, but not limited to, the following:

(a) Completed Verification PDFs ("CVPs") may be made accessible online in the Cloud Solution through the bankVOD Services for six (6) months from the date the CVP was completed and maintained offline for an additional six (6) months thereafter. After the expiration of this twelve (12) month retention period, the CVPs will be permanently removed from the bankVOD Services and any other storage bankVOD controls using cryptographic verification and industry-standard data destruction methods. You are responsible for storing a copy of all CVPs on your own servers and systems and should not rely on the bankVOD Services for long-term storage.

(b) Audit/Transaction Logs will be maintained indefinitely at the application level in the form of metadata to support audit and compliance requirements; however, no PDFs will be stored except as noted in subsection (a) above.

YOU AGREE THAT BANKVOD HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION, MESSAGES, AND OTHER COMMUNICATIONS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, YOUR DATA, OUTPUT, CONTENT AND FORMS (WHETHER OR NOT THEY CONTAIN YOUR INFORMATION) MAINTAINED OR TRANSMITTED BY OR TO BANKVOD AND/OR THE BANKVOD SERVICES. BANKVOD SERVICES ARE DESIGNED FOR DATA TRANSMISSION AND VERIFICATION FACILITATION, NOT AS A PERMANENT DATA STORAGE OR RECORDS MANAGEMENT SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING, STORING, AND MAINTAINING YOUR OWN RECORDS IN ACCORDANCE WITH YOUR BUSINESS REQUIREMENTS AND LEGAL OBLIGATIONS.

You acknowledge that bankVOD reserves the right to log off accounts, or the equivalent of accounts. You further acknowledge that bankVOD reserves the right to modify these general practices and limits at any time without notice.

bankVOD may immediately suspend Requestor's account and access to the bankVOD Services upon written notice (including email or dashboard notification) in its sole discretion if:

(a) Requestor materially breaches these Terms or the Acceptable Use Policy;

(b) bankVOD detects unusual activity, fraud, money laundering, or security threats;

(c) Requestor's use creates security risks or degrades system performance for other users;

(d) Required by law, regulation, court order, or regulatory authority;

(e) Information provided by Requestor is discovered to be untrue, inaccurate, or incomplete in any material respect;

(f) Requestor fails to respond to bankVOD's requests for information within five (5) business days;

(g) bankVOD is subject to a regulatory examination, audit, or inquiry that necessitates temporary suspension to ensure compliance.

During suspension, Requestor will not have access to the bankVOD Services, but remains responsible for all fees accrued before and during the suspension period. bankVOD will use commercially reasonable efforts to notify Requestor of the reason for suspension. bankVOD has no liability for any damages, losses, or costs arising from suspension undertaken in good faith pursuant to this Section.

bankVOD may reinstate access if the condition causing suspension has been remedied to bankVOD's reasonable satisfaction, Requestor has provided any requested information, and Requestor has agreed to any additional terms or controls bankVOD deems necessary.

Termination for Convenience: Either party may terminate the Terms or your use of the bankVOD Services for any reason upon providing thirty (30) days' prior written notice to the other party.

Termination for Cause: Either party may terminate the Terms or use of the bankVOD Services immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice specifying the breach.

Immediate Termination: You agree that bankVOD may upon notice, immediately terminate, limit your access to or suspend your bankVOD account and access to the bankVOD Services in the following circumstances: (a) requests by law enforcement, other governmental agencies, or third parties; (b) discontinuance or material modification to the bankVOD Services (or any part thereof); (c) unexpected technical or security issues or problems; (d) engagement by you in fraudulent or illegal activities in the sole opinion of bankVOD; (e) nonpayment of any fees owed by you in connection with the bankVOD Services, you are subject to any proceeding under any bankruptcy act or similar laws; and/or (f) use by you of bankVOD Services which negatively affects the goodwill or reputation of bankVOD.

Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in bankVOD’s sole discretion and that BANKVOD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION FOR CAUSE, SUSPENSION, AND/OR LIMITATION OF ACCESS OF YOUR ACCOUNT OR ACCESS TO THE BANKVOD SERVICES.

Effect of Termination: Termination of your bankVOD account, any associated email address, and/or access to the bankVOD Services includes, but is not limited to, any or all of the following: (a) removal of access to all or part of the offerings within the bankVOD Services; (b) deletion of your password, if any, and all related information, files and content associated with or inside your account and/or access thereto (or any part thereof); and (c) barring of further use of all or part of the bankVOD Services, including but not limited to, this website(s).

bankVOD may require reactivation charges to renew any bankVOD Service after termination, suspension, and/or limitation of access. Upon termination for any or no reason, you are responsible for paying all amounts and charges owing under these Terms and/or to bankVOD prior to and/or after termination, including, but not limited to, any applicable cancellation fee(s).

Service Availability. bankVOD will use commercially reasonable efforts to maintain bankVOD Services availability of 99.5% uptime on a monthly basis, excluding scheduled maintenance windows and Force Majeure Events (as defined below). Scheduled maintenance will be performed during non-peak hours when commercially reasonable, with advance notice of at least forty-eight (48) hours provided via email or posting on the bankVOD website. Emergency maintenance may be performed without advance notice when necessary to address security vulnerabilities or critical system issues.

Business Continuity. bankVOD maintains business continuity and disaster recovery plans designed to restore bankVOD Services within a commercially reasonable timeframe following a disaster or service interruption. bankVOD performs regular backups of customer data and maintains redundant systems to minimize service disruptions. However, bankVOD does not guarantee zero data loss or zero downtime in all circumstances.

Limitations. The service availability commitment does not apply to: (i) service interruptions caused by factors outside bankVOD’s reasonable control, including Force Majeure Events, internet service provider failures, or distributed denial of service attacks; (ii) scheduled maintenance; (iii) service interruptions caused by your breach of these Terms or your failure to follow bankVOD’s usage guidelines; or (iv) issues caused by your equipment, network connectivity, or third-party software.

You acknowledge and agree that the bankVOD Services and any software used in connection with the bankVOD Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content provided by bankVOD, including but not limited to, information presented to you through or by the bankVOD Services, including, but not limited to, the forms provided by bankVOD, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). You agree that bankVOD owns all right, title, and interest in and to the bankVOD Services, Software and Content, including all Intellectual Property Rights. Except as expressly permitted by applicable Law or as authorized in a signed writing by bankVOD or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, transfer, broadcast, publicly perform or create derivative works based on the bankVOD Services, the Software, and Content that is not yours, including, but not limited to, forms, in whole or in part. Without limiting the foregoing, these Terms do not transfer from bankVOD to you any bankVOD developed, licensed, or owned property, including but not limited to, technology, Software, and/or Content (including but not limited to forms), and all right, title, and interest, including, but not limited to, copyrights, trademarks, service marks, patents, or other proprietary rights, in the foregoing, and together with all derivative works, modifications, enhancements, and upgrades, updates, and enhancements of the foregoing, but excluding your information and/or Content, are and will remain solely with bankVOD or bankVOD’s third-party providers, and are the sole property of bankVOD or bankVOD’s third-party providers. You shall immediately notify bankVOD in writing of any threatened or actual infringement of the foregoing. Any rights not expressly granted in these Terms are reserved by bankVOD, and all implied licenses are disclaimed. You hereby assign and transfer to bankVOD any and all rights in any of the foregoing intellectual property, either presently existing or hereinafter arising, and agree to take such actions and execute such documents / instruments as bankVOD may reasonably request to secure such rights for bankVOD or bankVOD third-party providers. You will not attempt to prohibit or enjoin bankVOD at any time from utilizing any property of bankVOD, and/or any skills or knowledge (including, but not limited to, that of a general nature) that bankVOD acquires during the course of providing bankVOD Services. bankVOD may be required to disclose information to individuals or entities, including, without limitation as to asserting rights under the Digital Millennium Copyright Act or otherwise, and you expressly authorize bankVOD, without prior notice to you, to comply with any and all lawful notices, subpoenas, court orders, or warrants relating to the Digital Millennium Copyright Act or otherwise. You agree not to access the bankVOD Services by any means other than through the interface that is provided by bankVOD for use in accessing the bankVOD Services. In addition, you shall use materials, information, and/or data received through the bankVOD Services in a manner consistent with bankVOD’s and the applicable bankVOD third-party provider’s interests, and these Terms, and such third-party provider may use such data for any purpose consistent with applicable Laws and these Terms.

A. Feedback and Suggestions

Requestor may provide suggestions, enhancement requests, recommendations, or other feedback to bankVOD ("Feedback"). Requestor grants bankVOD a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate Feedback for any purpose, including:

(i) Developing and improving bankVOD Services;

(ii) Creating new products and features;

(iii) Training machine learning and artificial intelligence systems;

(iv) Creating benchmarks and industry analysis; and

(v) Any other lawful business purpose.

bankVOD has no obligation to implement Feedback, compensate Requestor, or keep Feedback confidential (except for properly marked trade secrets or Personal Data). Requestor waives any claims arising from bankVOD's use of Feedback.

B. bankVOD Data and Aggregate Information

bankVOD may collect and use aggregated, anonymized, or de-identified data derived from the Services ("bankVOD Data"). bankVOD Data does not identify any individual or entity.

bankVOD owns all rights to bankVOD Data and may use it for any lawful purpose, including:

(i) Improving and optimizing the Services;

(ii) Training machine learning models and artificial intelligence systems;

(iii) Detecting and preventing fraud and security threats;

(iv) Creating industry benchmarks, reports, and research;

(v) Marketing and business purposes; and

(vi) Complying with legal and regulatory requirements.

Requestor will not attempt to re-identify anonymized data or claim rights in bankVOD Data.

bankVOD Trademarks. You agree that all of bankVOD’s trademarks, trade names, service marks, logos and other bankVOD brand features, and product and service names of bankVOD, are trademarks and the property of bankVOD (the “bankVOD Marks”). Without bankVOD’s signed written prior permission in each instance, you agree not to display or use in any manner the bankVOD Marks.

Your Trademarks. You agree that bankVOD may use your trade name(s), as needed, to effectuate the bankVOD Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WEBSITE(S) RELATED THERETO, IS AT YOUR SOLE RISK. THE BANKVOD SERVICES AND WEBSITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANKVOD, AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS (I) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (II) ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, DELETION, ERRORS, MIS-DELIVERY, FAILURE, USE AND/OR MISUSE BY YOU OR ANYONE ELSE OF THE BANKVOD SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE AND/OR STORAGE OF ANY (A) USER OR THIRD PARTY (E.G., GOVERNMENTAL ENTITY, FINANCIAL INSTITUTION, EMPLOYER, THIRD PARTY OR REPRESENTATIVE THEREOF) COMMUNICATIONS AND/OR INFORMATION, (B) SERVICES, AND/OR (C) FORMS.

WITHOUT LIMITING THE FOREGOING, BANKVOD AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, ITS WEBSITES, OR SOFTWARE, (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANKVOD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, AND YOU AGREE THAT BANKVOD SERVICES ARE NOT THE SOURCE OF MATERIAL, DATA, OR INFORMATION, NOR ARE BANKVOD SERVICES A COMPREHENSIVE COMPILATION OF MATERIAL, DATA OR INFORMATION, AND THAT BEFORE RELYING ON ANY MATERIAL, DATA OR INFORMATION FROM BANKVOD OR FROM BANKVOD SERVICES, IT IS YOUR RESPONSIBILITY TO INDEPENDENTLY VERIFY SUCH MATERIAL, DATA AND INFORMATION, AND BANKVOD HAS NO LIABILITY FOR YOUR OR ANY THIRD PARTY’S RELIANCE ON SUCH MATERIAL, DATA OR INFORMATION; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, THE BANKVOD WEBSITE(S), AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE BANKVOD SERVICES AND/OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, DATA, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANKVOD SERVICES OR SOFTWARE IS ACCESSED OR PROVIDED SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOURSELF, OTHERS, YOUR COMPUTER SYSTEM, DEVICE (MOBILE OR OTHERWISE), INTERNET ACCESS, DOWNLOAD AND/OR DISPLAY DEVICE, AND/OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR PROVISIONING OF ANY SUCH MATERIAL, DATA, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANKVOD AND/OR ITS SUBSIDIARIES AND AFFILIATES, AND/OR EACH OF IT AND/OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS, AND/OR THROUGH OR FROM THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, THE BANKVOD WEBSITE(S), AND/OR SOFTWARE, SHALL CREATE ANY WARRANTY FROM SUCH PERSON OR ENTITY OR OTHERWISE.

Entire Agreement/No Assignment. These Terms constitute the entire agreement between you and bankVOD, govern your use of the bankVOD Services (including, but not limited to, the bankVOD website(s)), and supersedes any prior version of these Terms and/or any agreement or understanding, oral or written, between you and bankVOD with respect to the bankVOD Services. These Terms may only be amended or terminated in a writing by bankVOD. Any new, other, or different terms supplied by you, including without limitation, those contained in purchase orders or confirmations issued by you, are specifically and expressly rejected by bankVOD and are null and void. You may not assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms and/or the bankVOD Services, in whole or in part, except to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of your assets, provided that you provide bankVOD with thirty (30) days’ prior written notice of such assignment. Any assignment in violation of this provision is null and void. Without limiting the foregoing, you agree that your bankVOD account is non-transferable by you, including but not limited to, any rights to your bankVOD ID or contents within your account. bankVOD may assign, sublicense, delegate, and/or transfer any right or obligation pursuant to these Terms and/or the bankVOD Services, in whole or in part, at any time to any person or entity, without notice to you.

CHOICE OF LAW / FORUM / WAIVER OF JURY TRIAL / CLASS ACTION WAIVER / STATUTE OF LIMITATIONS / RECOVERY OF COSTS

You and bankVOD each agree that these Terms and the relationship between you and bankVOD (and the bankVOD Indemnitees) shall be governed by the laws of the State of Illinois without regard to any conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and bankVOD and/or the bankVOD Services, shall be brought exclusively in the courts of competent jurisdiction located within Cook County, State of Illinois, USA. For purposes of these Terms and the bankVOD Services, you and bankVOD (i) agree to waive any and all objections to the exercise of jurisdiction over you and/or bankVOD by the foregoing courts and to venue in such courts. Notwithstanding the forgoing exclusive jurisdiction, any judgment may be enforced in other jurisdictions by suit on the judgment or in any other manner. THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS OR THE BANKVOD SERVICES.

CLASS ACTION WAIVER

ANY CLAIM OR CAUSE OF ACTION AGAINST BANKVOD WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION AGAINST BANKVOD.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THE BANKVOD SERVICES AND/OR THESE TERMS MUST BE FILED BY YOU WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR BE FOREVER BARRED.

In addition, you agree to pay all costs, including attorney’s fees, collection costs, and court costs we incur in enforcing these Terms, and/or any provision thereof, including, without limitation, through any appeal.

Waiver and Severability of Terms. The failure of bankVOD to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and bankVOD, nevertheless, agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Force Majeure. bankVOD shall not be liable for any failure or delay in its performance under these Terms as it relates to the bankVOD Services due to any cause beyond its reasonable control, including, but not limited to:

• Acts of God, including earthquake, flood, fire, storm, hurricane, tornado, tsunami, volcanic eruption, or other natural disasters;
• Epidemic, pandemic, public health crisis, or quarantine restrictions;
• War (declared or undeclared), armed conflict, invasion, terrorism, civil unrest, riot, insurrection, or revolution;
• Governmental action, including:
• Imposition of sanctions, embargoes, or export/import restrictions;
• Emergency regulations or executive orders;
• Closure orders or business restrictions;
• Seizure or nationalization of assets;
• Labor disputes affecting third parties, including strikes, lockouts, slowdowns, or labor shortages;
• Failure of telecommunications, internet service providers, or utility providers, including:
• Power outages or shortages;
• Internet backbone failures;
• DNS or routing failures;
• Failure of banking networks, payment systems, or financial service providers;
• Cyberattacks affecting third parties, including:
• Distributed denial-of-service (DDoS) attacks;
• Ransomware or malware attacks;
• Widespread security vulnerabilities (zero-day exploits);
• Failure of critical suppliers, vendors, or subcontractors due to Force Majeure Events affecting them;
• Changes in law or regulation requiring immediate compliance where compliance cannot be achieved within the affected Party's reasonable control;
• Supply chain disruptions, including inability to obtain necessary hardware, software, or services; and
• Transportation failures, blockades, or embargoes preventing delivery of essential services or materials (collectively, “Force Majeure Events”).
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
• a description of where the material that you claim is infringing is located on our website(s);
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

No Third-Party Beneficiaries/Our Relationship. You agree that there are and shall be no third-party beneficiaries to this agreement except as expressly provided in these Terms. These Terms or your use of the bankVOD Services will not establish any relationship of partnership, joint venture, employment, franchise, or agency between bankVOD and you. Neither bankVOD nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Terms.

Survival. The definitions in these Terms, and the provisions of Sections 2, 3, 3.A., 4 through 7, 7.A, 8. 9, 10 (first and third paragraphs only), 11 through 36 of these Terms survive any termination or expiration, if any, of these Terms and your license to and/or your access to the bankVOD Services.

Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Copyright Or Intellectual Property Complaints. bankVOD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Copyright Agent:

BVOD Solutions, LLC
Attn: Legal Department
legal@bankvod.com
1 S Dearborn, 20^th Floor
Chicago, IL 60603

Except as explicitly stated otherwise, any notice to us may be sent either by email to legal@bankvod.com or by certified mail, postage prepaid and receipt requested to BVOD Solutions, LLC dba: bankVOD, 1 S Dearborn, 20^th Floor, Chicago, IL 60603, and any notice may be sent either by email to the email address provided during registration or by certified mail, postage prepaid and receipt requested to the postal address provide on registration. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice by certified mail, postage prepaid and return receipt requested, shall be deemed given three (3) days after the date of mailing. You must ensure that your contact and account information with us is current and correct, and promptly notify us in writing of any changes to such information.

These Terms were last updated June 11, 2026

4910-2572-3570.1

BVOD Solutions, LLC d/b/a bankVOD (“bankVOD” or “we,” “us” and/or “our”) welcomes you. These Terms and Conditions (“Terms”) govern the use of the bankVOD Services (as defined below) by Responders (as defined below) in providing responses. They form a binding agreement between the legal entity acting as the Responder and any individual that is an authorized user of the bankVOD Services on behalf of the Responder.

bankVOD Services and use of this or any other website, link and/or portal of bankVOD on which the bankVOD Services are provided are subject to these Terms. You can review the most current version of these Terms at any time at www.bankvod.com, or such other locations as we may designate. BY COMPLETING THE ENROLLMENT OR OTHER PROCESS AND/OR CLICKING THE “I ACCEPT” BUTTON, OR OTHERWISE ACCESSING OR USING THE BANKVOD SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. In addition, when using bankVOD Services, you shall be subject to any posted guidelines or rules applicable to such services, or changes to these Terms, which may be posted and modified from time to time. For Material Changes as defined in Section 3, bankVOD will provide at least thirty (30) days’ advance notice as set forth in Section 3. For Non-Material Changes, bankVOD may provide notice by email or other means it deems appropriate, as further set forth in Section 36 below of these Terms. It is your responsibility to check regularly for changes to these Terms and ensure that any contact information you provide to bankVOD is updated and correct. You understand that such guidelines, rules and changes, among other reasons, may be the result of a modification(s) of third-party agreements and/or industry standards, a Security Event (defined below), or a change in Laws (defined below), or the interpretation thereof. All such guidelines, rules or changes are hereby incorporated by reference into these Terms. Your continued use of the bankVOD Services following bankVOD’s changes or notice or posting will constitute your acceptance of such changes. If these Terms, including, without limitation, any future changes to these Terms, are unacceptable to you, your sole remedy is to cancel your participation in all bankVOD Services.

The following terms shall have the following meanings as used in these Terms.

“bankVOD Services” means the verification services and platform provided by bankVOD, including asset verification, consumer verification, government verification, audit confirmations, and related services.

“Personal Information” means any information relating to, identifying or that can be reasonably linked to or associated with an individual, including information that is protected as personal information, personally identifiable information or personal data or similar term under applicable law.

“Requestor” means a party (such as an auditor, accounting firm, law firm, individual, or governmental agency) who initiates a Verification Request through the bankVOD Platform.

“Responder" or "you" or "your" means any financial institution, employer, governmental entity, or other organization that uses bankVOD Services to receive and respond to Verification Requests by providing Verification Responses. If you are using bankVOD Services on behalf of a business entity, you represent that you are authorized to bind that entity, and "Responder" or "you" or "your" refers to both you individually and that entity, jointly and severally.

“Verification Request” means a request for information submitted through the bankVOD Services by a Requestor seeking verification of financial information, assets, liabilities, or other data from a Responder.

“Verification Response” means the information provided by Responder through the bankVOD Services in response to a Verification Request.

bankVOD reserves the right at any time and from time to time to modify, alter, redesign, or discontinue, temporarily or permanently, the bankVOD Services (or any part thereof) with or without notice. This may include, without limitation, modifying or redesigning the organization, specifications, structure, and/or appearance of the bankVOD Service, bankVOD website(s), and/or any location where your information/content may be displayed. For any Material Changes (as defined below), bankVOD will provide at least thirty (30) days’ advance notice to you by email, posting on the bankVOD website, or other reasonable means. “Material Changes” means changes that materially impact how the bankVOD Services operate or function, including but not limited to: (i) changes to core service functionality that substantially alter how you interact with or use the Services, (ii) changes to data access methods or authentication requirements, (iii) material changes to data retention, security practices, or your obligations under these Terms. Material Changes do not include: (a) changes to improve security, reliability, or performance that do not alter core functionality, (b) changes required by law or regulation, (c) changes to address technical issues or vulnerabilities, (d) addition of new features or services that do not impact existing functionality, or (e) minor modifications to user interfaces, workflows, or administrative processes.

BANKVOD SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE BANKVOD SERVICES, OR ANY PART THEREOF.

Preview and Experimental Features

From time to time, bankVOD may make available preview, beta, experimental, or pilot features ("Preview Features") through the bankVOD Services. Preview Features may be incomplete, subject to change, or discontinued at any time for any reason without notice or liability to you.

Responder acknowledges and agrees that:

(i) Preview Features are provided "AS-IS" without warranty of any kind;

(ii) Preview Features are not recommended for production or time-sensitive use;

(iii) bankVOD may modify, limit access to, or discontinue Preview Features at any time;

(iv) Preview Features are not subject to service-level agreements or support commitments;

(v) bankVOD's total liability for any claim relating to or arising out of the Preview Features shall not exceed $1,000; and

(vi) Responder may provide feedback on Preview Features, which bankVOD may use without obligation or compensation as described in Section 28.A below.

You acknowledge and understand that bankVOD will only allow you access to the bankVOD Services if you abide by, and continue to abide by, all the provisions of these Terms, and if your credentials can be verified in accordance with bankVOD’s internal credentialing procedures. If at any time you no longer meet bankVOD’s criteria for using bankVOD Services, bankVOD may immediately limit or terminate your access to the bankVOD Services.

You are responsible for obtaining access to the bankVOD Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the bankVOD Services.

You understand and agree that the technical processing and transmission of the bankVOD Services, including Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting to networks or devices.

You will receive a password and account designation during the bankVOD Services’ enrollment or other process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify bankVOD of any unauthorized use of your password or account or any other breach of security; (b) ensure that you exit from your account at the end of each session, and if you are using bankVOD Services on behalf of a business entity, immediately deactivate any password (i) of any person who no longer has a need to know, or (ii) for terminated employees, on or prior to the date of termination. BANKVOD CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 5.

Technical Security Requirements: bankVOD Services use industry-standard encryption protocols (TLS 1.2 or higher with 256-bit encryption) to protect data transmission. You must use supported and up-to-date web browsers and maintain current security software on devices used to access bankVOD Services.

Electronic Signature Equivalence: All information, verification requests, and communications submitted through bankVOD Services using your account credentials shall have the same legal force and effect as if such information had been transmitted in written form bearing your manual signature. You acknowledge and agree that:

bankVOD, Requestors, and other parties are entitled to rely on the authenticity, accuracy, and completeness of all information transmitted using your credentials;

You will be bound by all Verification Responses and communications submitted through your account, whether submitted by you directly or by an authorized user you have permitted to use your account.

If you believe your credentials have been lost, stolen, or compromised in any respect, you must immediately notify bankVOD at support@bankvod.com or 888-801-0091; and communications using your credentials received after bankVOD has had reasonable opportunity to respond to your notification may not be considered valid or effective.

A. You represent, covenant and warrant that:

You are 18 years old or older;

If you are using bankVOD Services on behalf of a business entity, you are authorized to bind that entity to these Terms, and both you individually and the entity are jointly and severally bound by and responsible for complying with these Terms.

If you are using bankVOD Services on behalf of a business entity, that entity is a corporation, partnership, limited liability company, or other legal entity duly formed and in good standing where required, with all necessary legal authority;

You are not utilizing bankVOD Services as a consumer, but for business or professional purposes;

You are not barred from receiving bankVOD Services under the laws of the United States or other applicable jurisdiction.

You will maintain appropriate technical and organizational security measures to protect access to bankVOD Services and any consumer data obtained through bankVOD Services, including but not limited to: (a) using supported operating systems and web browsers with current security patches; (b) maintaining up-to-date anti-virus and anti-malware software on all devices used to access bankVOD Services; (c) implementing appropriate network security controls, including firewalls and intrusion detection systems where appropriate; (d) restricting access to bankVOD Services to Authorized Users only; (e) implementing appropriate physical security controls to prevent unauthorized access to devices used to access bankVOD Services; (f) encrypting consumer data at rest and in transit; (g) promptly reporting any security incidents, data breaches, or suspected unauthorized access to bankVOD; and (h) complying with all applicable data security laws and regulations, including but not limited to, payment card industry standards if applicable.

B. As a Responder you represent, covenant, and warrant (i) your use of bankVOD Services is solely for lawful purposes; (ii) you will provide complete and accurate information in response to a Requestor’s Verification Request; (iii) you will not reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of any bankVOD Service, or any aspect or portion thereof; (iv) you will not alter or remove any identification, trademark, copyright, or other notice from any aspect of the bankVOD Services; (v) you will not use any means, including without limitation, any artificial intelligence or machine learning tool, and any robots, spiders, scripts, services, software or any manual or automatic device, tool or process, to data mine, scrape, crawl, cache or index the bankVOD Services or any information on or from the bankVOD websites, or otherwise use, access, or collect the foregoing by another automated means, and you shall not use the bankVOD Services, bankVOD websites, or any information therefrom to develop any software programs, including without limitation, to train or fine tune a machine learning or artificial intelligence system or model or any other analogous technologies; and (vi) the information you provide to bankVOD, and/or any act or omission by you relating to the bankVOD Services: (a) do not violate any applicable law, statute, directive, ordinance, treaty, contract, rule, industry standard, and/or regulation, or bankVOD policies or guidelines (collectively, “Laws”); (b) do not infringe any copyright, patent, trademark, trade secret, or other intellectual property right of any person or entity; (c) do not breach any duty toward, or rights of, any person or entity, including rights of publicity and/or privacy; (d) are not false, deceptive, misleading, unethical, defamatory, libelous, or threatening; and (e) do not (as determined by bankVOD) reflect poorly on or tarnish the business, reputation or goodwill of bankVOD.

Fees and charges for bankVOD Services are set forth in the bankVOD Fee and Credit Policy, available here, which is incorporated into these Terms by reference. The Fee and Credit Policy governs all matters relating to pricing, fees, credits, payment terms, and disputes. bankVOD may update the Fee and Credit Policy from time to time, and the current version will always be available at the link above. All applicable fees will be disclosed at checkout prior to completing any transaction. Your continued use of bankVOD Services following any update to the Fee and Credit Policy constitutes your acceptance of the revised fees.

A. Insurance Requirements

bankVOD maintains the following insurance coverages:

(i) Commercial General Liability;

(ii) Cyber Liability / Technology Professional & Network Security, including coverage for privacy breach, data assets breach, network security and privacy liability, regulatory matters, cyber extortion, and electronic business interruption;

(iii) Professional Liability / Errors & Omissions;

(iv) Crime Insurance (Fidelity Bond), covering first- and third-party losses arising from fraudulent or dishonest acts; and

(v) Excess / Umbrella Liability.

Current certificates of insurance are available upon written request.

You agree to: (a) provide true, accurate, current, and complete information to bankVOD, including, but not limited to, information in any Verification Response and if requested, your entity legal name, contact information, regulatory certificate ID, website, federal tax ID, programs your institution elects to participates in as prompted by bankVOD’s enrollment or other form or process, or as required by Laws or otherwise (collectively, “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current, and complete, and (c) carefully and fully follow all bankVOD instructions. If you are using bankVOD Services on behalf of a business entity, you are required to promptly notify bankVOD of any change in ownership of that entity, any change in the name of that entity, and/or any change in the physical address of that entity.

As a Responder, you represent, warrant, and covenant that you will provide complete and accurate information when providing Verification Responses, including accurate identification of the consumer whose information is being verified and the specific information contained in the Verification Response.

In addition, you represent, warrant, and covenant that: (i) all information you provide to bankVOD in whatever media or medium is free of viruses, Trojan horses, trap doors, backdoors, Easter eggs, logic bombs, worms, time bombs, cancelbots, and/or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any bankVOD data, information, systems and/or equipment, and (ii) submission of information by you to bankVOD will not cause damage to a user’s computer, download a software application(s), change a user’s settings, or create a series of multiple, sequential, stand-alone advertisements (including by pop-up window or pop-under window).

A. bankVOD's Role in Authorization; Responder's Independent Verification Duty.

bankVOD is a transmission and display platform. When a Verification Request includes a customer authorization—whether in the form of an uploaded authorization document or a digitally captured authorization (including captured name, email address, IP address, date, and timestamp)—bankVOD makes that information available to you for your review. bankVOD does not verify, validate, authenticate, or confirm the authorization on your behalf, and you acknowledge and agree that bankVOD has no ability to do so, as only you have access to your own account records, account holder information, and authorized signatory records.

Before providing any Verification Response, you are solely responsible for independently reviewing the authorization information displayed or provided to you and confirming, against your own records, that: (a) the individual who provided the authorization is an account holder, authorized signatory, or otherwise has the legal authority to authorize disclosure of the requested information; (b) the authorization information presented is consistent with your institution's records for that account; and (c) any applicable legal or regulatory requirements for disclosure authorization under GLBA or other applicable law are satisfied.

bankVOD shall have no liability whatsoever for any disclosure you make in response to a verification request. Your decision to respond—including the scope, accuracy, and propriety of your response—is entirely yours. By submitting a response through bankVOD Services, you represent and warrant that you have completed your own independent authorization review and determined that disclosure is appropriate. You agree to indemnify and hold harmless the bankVOD Indemnitees from any claims, damages, or liability arising from your failure to independently verify authorization before responding.

B. Uploaded Authorization Documents.

Where you upload a signed authorization form or other document to satisfy the authorization requirement, you represent and warrant that: (a) the document is genuine, unaltered, and was executed by an individual with the legal authority to authorize the requested disclosure; and (b) you have not altered, fabricated, or misrepresented the document in any way. bankVOD transmits uploaded authorization documents to you for your independent review. bankVOD does not review, authenticate, or validate uploaded authorization documents, and the responsibility for verifying the authenticity and sufficiency of any such document rests solely with you.

C. Responder's Independent Duty.

You acknowledge that bankVOD transmits authorization information (whether a digital authorization or an uploaded document) provided by a Requestor to you for your review, but bankVOD does not verify or validate the identity of the authorizing party, the Requestor’s authority over the accounts being verified, or the authenticity of any authorization provided. You are solely responsible for independently verifying authorization against your own records before disclosing any information. If you disclose information without properly verifying customer authorization, that is your responsibility; bankVOD bears no responsibility for such disclosure.

D. Authorization Retention and Production

You shall retain all customer authorizations for a period of seven (7) years from the date of the verification request and provide copies to bankVOD upon request within ten (10) business days. You acknowledge that bankVOD may require you to produce customer authorizations to demonstrate compliance with these Terms and applicable Laws.

E. Data Handling and Retention Requirements.

You shall process Personal Information received through bankVOD Services only as necessary (i) for the purposes of performing your obligations under these Terms and fulfilling the specific purpose for which customer authorization was obtained, and (ii) in accordance with your customer’s or client’s signed (electronic or otherwise) documented instructions, consent, authorization and/or approval, and in compliance with Laws.

You agree to retain Verification Request records and completed Verification Response data as follows: (i) six (6) months in online, accessible storage, (ii) six (6) months in offline archive storage, and (iii) thereafter maintained in cryptographically secured format (such as hashed or similar immutable technology) for an additional period as required by applicable Law. All other records and/or documentation relating to bankVOD or bankVOD Services shall be retained for a period of seven (7) years from the date of your last use of bankVOD Services, unless a shorter period is required by Law. Promptly upon request, but no later than ten (10) days after request from bankVOD, you shall provide any such records and/or documentation to bankVOD.

YOU ACKNOWLEDGE AND AGREE THAT BANKVOD SERVICES ARE NOT INTENDED TO SERVE AS YOUR PRIMARY DATA STORAGE OR RECORD RETENTION SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING AND MAINTAINING YOUR OWN RECORDS IN ACCORDANCE WITH YOUR BUSINESS REQUIREMENTS AND LEGAL OBLIGATIONS.

F. Deletion Upon Request

In accordance with and if required by applicable Laws, upon receipt of a request from bankVOD, you shall immediately (i) remove from all your systems personal information you received from bankVOD, and confirm such in writing to bankVOD; and (ii) identify to bankVOD any third-parties to whom you provided such information. It shall not be implied from the immediately preceding sentence that you have the right to provide personal information you received from bankVOD to third-parties without authorization.

Subject to applicable Law, you grant to bankVOD a fully paid-up, royalty free, perpetual, worldwide, irrevocable, transferable, and sublicensable license to utilize your information, data (including Your Data), Verification Reponses and other Content (defined below) that you provide to us for purposes necessary to provide the bankVOD Services, comply with legal obligations, and for bankVOD’s internal business operations.

Subject to applicable Law, and subject to these Terms, bankVOD grants to you a restricted, limited, revocable, non-transferable, non-sublicensable license to use Verification Requests received through bankVOD Services solely for the lawful purpose for which customer authorization was obtained and only in connection with the specific consumer transaction for which a Verification Response is requested.

This license terminates automatically upon: (a) completion of the transaction for which the verification was requested, (b) you no longer have an account with bankVOD, (c) bankVOD no longer providing bankVOD Services to you, or (d) bankVOD revoking this license, including, without limitation, by terminating these Terms, which can be done without notice.

Without limiting the previous paragraphs, and notwithstanding any other provision of these Terms which may be to the contrary, verification data provided to you pursuant to the bankVOD Services shall not be used, whether directly or indirectly, by you for marketing, sales, solicitation, or the creation of or augmentation of any product(s) and/or service(s) for sale or license, nor shall you publish such information except as specifically authorized by the consumer or required by Law.

Your Data and Personal Information about you or your clients and customers are subject to our Privacy Policy. For more information, see the full bankVOD Privacy Policy at https://bankvod.com/privacy.html, or such other location as we may designate. You represent and warrant that you have provided all required notices and obtained all required consents to provide any data in Verification Response and Personal Information to us in connection with the bankVOD Services.

In addition, bankVOD and certain of its vendors and subprocessors may leverage artificial intelligence technologies, including large language models, to enhance the efficiency, quality, and features of the bankVOD Services. bankVOD will not use Your Data or Content you provide to train or develop publicly available artificial intelligence models, nor will bankVOD make Your Data and Content you provide available for any public use. To the extent bankVOD utilizes Your Data and Content you provide to improve or develop the bankVOD Services, such data and Content will be anonymized prior to use and will be used solely for the purpose of enhancing bankVOD's offerings to its customers. As between the parties, you retain all ownership of Your Data and the Content you provide, and nothing herein shall be construed as transferring any ownership rights in Your Data or the Content you provide to bankVOD. bankVOD will implement and maintain safeguards consistent with the confidentiality and data protection obligations set forth in these Terms to protect Your Data and Content you provide with any use of artificial intelligence technologies.

You certify that any individuals you authorize to access and use bankVOD Services on behalf of your organization (the “Authorized Users”) meet all of the following requirements:

Employment or Agency Relationship: Each Authorized User is an authorized employee, officer, contractor, or representative of your organization with a legitimate business need to access bankVOD Services for purposes of requesting verifications;

Proper Training: Each Authorized User has been properly trained on applicable legal requirements governing disclosure of customer information (GLBA, state privacy laws, applicable banking regulations), and your institution's internal disclosure authorization policies, and data security and confidentiality obligations;

Binding Authority: Each Authorized User is authorized to bind your organization to verification requests submitted through bankVOD Services, and you acknowledge that your organization will be legally bound by all actions taken by Authorized Users;

Confidentiality Obligations: Each Authorized User is subject to appropriate confidentiality, data security, and privacy obligations, whether through employment agreements, contractor agreements, or other binding arrangements;

Role-Based Access: Authorized Users include but are not limited to, compliance officers, operations staff, relationship managers, authorized disclosure personnel, and any other personnel at your organization who require access to bankVOD Services to review and respond to Verification Requests;

Account Management Responsibilities: You are responsible for: (a) maintaining accurate records of all Authorized Users and their access levels; (b) immediately notifying bankVOD and deactivating access when an Authorized User’s employment or relationship with your organization terminates or when such user no longer requires access; (c) monitoring Authorized Users’ activities and ensuring compliance with these Terms; (d) all actions taken by Authorized Users under your account, whether authorized or unauthorized; and (e) ensuring that Authorized Users do not share their credentials or permit unauthorized access;

Third-Party Access Prohibited: You shall not permit any third parties who are not Authorized Users as defined above to access or use bankVOD Services through your account. This includes but is not limited to: (a) independent contractors not properly trained and supervised; (b) third-party service providers who have not been approved by bankVOD; (c) affiliates or related entities without separate authorization; and (d) any individual who has not agreed to be bound by these Terms. If you discover unauthorized access by a third party, you must immediately notify bankVOD and change all account credentials.

Violations by Authorized Users: You acknowledge and agree that any violation of these Terms by an Authorized User shall be deemed a violation by you, and you shall be fully responsible for all consequences of such violations, including but not limited to, indemnification obligations, termination of access, and legal liability.

You acknowledge that the information available through the bankVOD Services may include personally identifiable information and it is your obligation to keep all such accessed information confidential and secure. Accordingly, (i) restrict access to bankVOD Services to only those of your employees who have a need to know as part of their official duties; (ii) ensure that none of your employees shall obtain and/or use any information received through bankVOD Services for personal purposes; (iii) not transfer any information received through the bankVOD Services to any party except as permitted by these Terms and the applicable customer authorization; (iv) in addition to any obligations under these Terms, take all measures to prevent by any person or entity unauthorized access to, or use of, the bankVOD Services or data received therefrom, whether the same is in electronic form or hard copy; (v) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through bankVOD Services; (vi) be capable of receiving the bankVOD Services where the same are provided utilizing “secure socket layer,” or such other means of secure transmission as is deemed reasonable by bankVOD; (vii) not access and/or use the bankVOD Services via mechanical, programmatic, robotic, scripted, scraping, or other such means, other than through batch or machine-to-machine applications or other applications approved in writing by bankVOD; and (viii) take all steps necessary to protect your networks and computer environments, or those used to access the bankVOD Services, from compromise.

You agree that on at least a calendar quarterly basis you will review searches and requests performed by you to ensure that such searches and requests were performed for a legitimate business purpose and in compliance with all terms and conditions in these Terms. You will implement policies and procedures to prevent unauthorized use of information or data received through bankVOD Services, and you will immediately notify bankVOD, in writing to bankVOD, if you suspect, or have reason to believe or confirm that information or data received or derived, directly or indirectly, from bankVOD Services, is or has been lost, stolen, compromised, misused or used, accessed or acquired in an unauthorized manner or by any unauthorized person, or for any purpose other than the legitimate business reasons and permitted uses as set forth in these Terms.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, YOU SHALL REMAIN LIABLE FOR COSTS ASSOCIATED WITH SECURITY EVENTS CAUSED BY YOUR BREACH OF YOUR SECURITY OBLIGATIONS UNDER THIS SECTION 13, INCLUDING YOUR FAILURE TO IMPLEMENT ADEQUATE SECURITY MEASURES OR YOUR EMPLOYEES’ OR CONTRACTORS’ UNAUTHORIZED ACCESS OR USE. YOU SHALL REIMBURSE BANKVOD FOR ANY EXPENSES IT INCURS DUE TO YOUR FAILURE TO PREVENT IMPERMISSIBLE USE OR ACCESS OF BANKVOD SERVICES RESULTING FROM YOUR BREACH OF THIS SECTION 13, AND/OR ANY INFORMATION OR DATA RECEIVED OR DERIVED, DIRECTLY OR INDIRECTLY, FROM BANKVOD SERVICES, AND/OR ANY ACTIONS REQUIRED AS A RESULT THEREOF.

Furthermore, in the event that the information or data of third parties you receive when using bankVOD Services includes Personal Information, the following shall apply: you acknowledge that upon unauthorized acquisition or access of or to such Personal Information resulting from your breach of your obligations under this Section 13 (a “Security Event”), at your sole cost, you shall immediately notify bankVOD in writing that a Security Event has occurred, and at bankVOD’s written request or if required by Law, you shall notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and as may be required by bankVOD or applicable Law, you shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies). You agree that unless required by applicable Law, such notifications (to individuals or third parties) shall not reference bankVOD or the product through which the data was provided, nor shall bankVOD or bankVOD Services be otherwise identified or referenced in connection with the Security Event, without bankVOD’s express written consent and approval of the wording of such notification; provided that if applicable Law requires that bankVOD or bankVOD Services be mentioned, the language of such shall not be made only with the prior written approval of bankVOD.

You shall be solely responsible for any other legal or regulatory obligations, which may arise under applicable Law in connection with a Security Event caused by your breach of this Section 13, and you shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. YOU SHALL REMAIN LIABLE FOR CLAIMS THAT MAY ARISE FROM A SECURITY EVENT CAUSED BY YOUR BREACH OF YOUR OBLIGATIONS UNDER THIS SECTION 13, INCLUDING, BUT NOT LIMITED TO, COSTS FOR LITIGATION (INCLUDING ATTORNEYS’ FEES), AND REIMBURSEMENT SOUGHT BY INDIVIDUALS OR BUSINESSES, INCLUDING BUT NOT LIMITED TO, COSTS FOR CREDIT MONITORING OR ALLEGATIONS OF LOSS IN CONNECTION WITH THE SECURITY EVENT, and, without limiting any other provision of these Terms, to the extent that any claims are brought against bankVOD in relation to a Security Event caused by your breach of this Section 13, you shall indemnify and hold harmless bankVOD, its affiliates, and its and their owners, directors, officers, partners, employees, contractors, representatives, agents, third-party service providers, licensors, successors and assigns (collectively, “bankVOD Indemnitees”) from such claims. You shall immediately and fully respond to bankVOD information or data requests in relation to a Security Event.

Without limiting any provision of these Terms, in the event of a Security Event, bankVOD may, in its sole discretion, take immediate action, including suspension or termination of your access to bankVOD Services, without further obligation or liability of any kind.

Not a Consumer Reporting Agency. bankVOD does not act as a consumer reporting agency as defined under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”). Verification Responses provided through bankVOD Services do not constitute a “consumer report” as defined under FCRA.

Permissible Purpose Certification. If you intend to use verification data received through bankVOD Services in connection with any decision or action regulated by FCRA (including but not limited to, credit decisions, employment decisions, insurance underwriting, tenant screening, or other purposes requiring a consumer report), you represent, warrant, and covenant that:

You have obtained or will obtain proper consumer reports from consumer reporting agencies that are compliant with FCRA;

You have or will obtain all required customer authorizations and provide all required notices under FCRA, including but not limited to, the Summary of Rights and adverse action notices;

You have a permissible purpose under FCRA Section 604 for any use of data in connection with FCRA-regulated decisions;

You will use verification data from bankVOD Services only to verify or supplement information obtained through proper FCRA-compliant consumer reports, and not as a substitute for such consumer reports;

You will comply with all FCRA requirements regarding adverse action notices, reinvestigation procedures, and consumer rights;

You understand that verification data from bankVOD Services does not include the dispute resolution, accuracy guarantees, and consumer protections required for consumer reports under FCRA.

Prohibited Uses Under FCRA Context. You shall not:

Use bankVOD verification data as the sole or primary basis for any decision subject to FCRA’s adverse action requirements;

Represent to consumers or third parties that bankVOD Services provide consumer reports or that bankVOD is a consumer reporting agency;

Use bankVOD Services to circumvent or avoid FCRA obligations or consumer protections;

Make any credit, employment, insurance, housing, or other FCRA-regulated decision without obtaining proper consumer reports from FCRA-compliant consumer reporting agencies.

Indemnification for FCRA Violations. Without limiting Section 31 of these Terms, you specifically agree to indemnify and hold harmless the bankVOD Indemnitees from any claims, damages, liabilities, or expenses (including attorneys’ fees) arising from your failure to comply with FCRA or your misuse of bankVOD Services in connection with FCRA-regulated activities.

Additional Certifications. bankVOD may require additional certifications from you regarding your FCRA compliance program, including but not limited to: proof of customer authorization, copies of required FCRA notices provided to consumers, documentation of permissible purpose, and evidence of proper consumer report usage from FCRA-compliant consumer reporting agencies.

B. Data Subject Requests

This section provides general procedures to be followed relating to requests from consumers relating to their Personal Information. Please note that certain of these rights may not apply if the Personal Information is Specialized Data and subject to the specific provisions of the laws applicable to such Specialized Data.

1. Consumer Access Requests
2. Correction and Dispute Requests
3. Deletion Requests

This section provides certain procedure relating to consumer rights regarding their Personal Information. Upon receipt of a request from a consumer to access their Personal Information that you obtained through bankVOD Services, you shall within thirty (30) days either: (i) provide the consumer with the information you obtained, or (ii) direct the consumer to contact bankVOD directly. You shall maintain records of all consumer access requests and your responses for a period of seven (7) years.

If a consumer disputes the accuracy, completeness, or authenticity of a Verification Response you provided through bankVOD Services, you shall:

Immediately flag the disputed data in your systems and cease relying on it for any decisions affecting the consumer until the dispute is resolved;

Within five (5) business days, notify bankVOD in writing of the dispute, including all details provided by the consumer;

Cooperate with bankVOD’s investigation of the dispute;

If the information is determined to be inaccurate or incomplete, immediately request updated information through bankVOD Services;

Notify the consumer of the resolution within ten (10) business days of resolution.

You acknowledge that verification data obtained through bankVOD Services should be used in conjunction with, not as a replacement for, your own due diligence and verification procedures. You remain responsible for the accuracy of any decisions you make based on verification data.

Upon receipt of a valid consumer request to delete their Personal Information, or upon notification from bankVOD that a consumer has requested deletion, you shall delete such information from all your systems within ninety (90) days, subject to legal retention requirements, and confirm such deletion in writing to bankVOD. You shall maintain documentation of deletion requests and actions taken for a period of seven (7) years or the period required by applicable law, whichever is shorter.

(iv) Do Not Process Requests

If bankVOD notifies you that a consumer has requested that their information not be processed or that you cease requesting verifications for a particular consumer, you shall immediately:

Cease requesting any verifications for that consumer through bankVOD Services;

Delete any previously obtained information about that consumer, subject to legal retention requirements;

Flag that consumer in your systems to prevent future verification requests; and

Confirm compliance in writing to bankVOD within ten (10) business days.

(v) Privacy Rights Under State Laws

You acknowledge that consumers may have privacy rights under various state laws, including but not limited to, the California Consumer Privacy Act (CCPA), Virginia Consumer Data Protection Act (VCDPA), and similar laws. You shall comply with all such applicable privacy laws with respect to Verification Requests and Verification Responses provided through bankVOD Services, and you shall cooperate with bankVOD in responding to consumer rights requests.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, and/or other materials (“Content”), whether publicly or privately posted or transmitted, are the sole responsibility of the person from whom such Content originated. Content may include links in bankVOD Services to other Internet sites (including, without limitation, web or mobile) of third-parties.

THIS MEANS THAT YOU, AND NOT BANKVOD, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE BANKVOD SERVICES, EVEN IF ON A FORM OR MEDIA PROVIDED BY BANKVOD OR OTHERS. BANKVOD DOES NOT CONTROL THE CONTENT PROVIDED BY AND/OR POSTED BY YOU OR ANYONE ELSE VIA THE BANKVOD SERVICES. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT BANKVOD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SITES, RESOURCES OR LINKS ON OR IN BANKVOD SERVICES, AND BANKVOD DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BANKVOD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE(S) OR RESOURCE(S).

The forms provided by bankVOD are subject to the input of governmental entities, financial institutions, employers, and/or other third parties, and, as such, bankVOD does not warrant and/or guarantee the accuracy, integrity, or quality of such Content and/or forms.

For clarity, bankVOD does not claim ownership of Content of you or other parties and only claims ownership of Content originating from bankVOD.

Subject to applicable Law, with respect to Content you submit or make available on in relation to bankVOD Services, including but not limited to, any bankVOD website, you grant bankVOD the perpetual, irrevocable, sublicenseable, and free right to use, distribute, reproduce, and adapt your Content (in whole or in part) in connection with the provision of the bankVOD Services or bankVOD’s business, including without limitation, incorporating your Content into other works in any format or medium now known or later developed.

Any reproduction, publication, distribution, or public exhibition of the materials provided on the bankVOD Services, in whole or in part, by you, not authorized by bankVOD in writing, is strictly prohibited.

You acknowledge that bankVOD may or may not pre-screen Content, but that bankVOD and its designees shall have the right (but not the obligation) in their sole discretion to pre‑screen, refuse, or remove any Content that is available via the bankVOD Services or provided via the bankVOD Services. Without limiting the foregoing, bankVOD and its designees shall have the right to remove any Content that violates these Terms or, in bankVOD’s sole opinion, is otherwise objectionable.

You understand that the bankVOD Services and software embodied within the bankVOD Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by bankVOD and/or content providers who provide content to the bankVOD Services. You shall not attempt to override or circumvent any of the usage rules embedded into, or otherwise with, the bankVOD Services.

UNDER NO CIRCUMSTANCES WILL BANKVOD BE LIABLE IN ANY WAY FOR (i) ANY CONTENT AND/OR FORMS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR FORMS, AND/OR (ii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT AND/OR FORMS, WHETHER OR NOT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE BANKVOD SERVICES. CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH CONTENT.

You acknowledge, consent, and agree that bankVOD may access, preserve and disclose your account information, Your Data, and/or Content, including Verification Responses, if required to do so by Law or if bankVOD has a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; (v) to provide the bankVOD Services, (vi) to respond to complaints or inquiries to/from governmental entities and/or financial institutions, and/or other third parties, and/or (vii) protect the rights, property, or personal safety of bankVOD, its users, and/or the public.

Your interactions, correspondence or business dealings with governmental entities, financial institutions, employers, and/or other third parties on or through the bankVOD Services, including, without limitation, if applicable, payment and delivery of related goods or services, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such governmental entity, financial institutions, employers, and/or other third parties. YOU AGREE THAT BANKVOD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH GOVERNMENTAL ENTITIES, FINANCIAL INSTITUTIONS, EMPLOYERS, AND/OR OTHER THIRD PARTIES ON OR THROUGH THE BANKVOD SERVICES.

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to bankVOD through its suggestion, feedback, and/or other webpages, and/or through other means, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) bankVOD is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) bankVOD shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) bankVOD may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of bankVOD without any obligation of bankVOD to you; and (f) you are not entitled to any compensation or reimbursement of any kind from bankVOD for the Contributions, or otherwise, under any circumstances.

You agree to not use the bankVOD Services to:

upload, post, email, transmit or otherwise make available any Content that is false, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

harm any person, including but not limited to minors, and any entity, in any way;

impersonate any person or entity, including, but not limited to, bankVOD, another person or entity utilizing (or allegedly utilizing) bankVOD Services, a governmental entity, financial institution, any third party, and/or employer or prospective employer, and/or official, employee, and/or representative of the foregoing, and/or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the bankVOD Service;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law, contract, fiduciary relationships, and/or otherwise (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy or other proprietary rights of any party;

upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the bankVOD Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in exchanges;

interfere with or disrupt the bankVOD Services or servers or networks connected to the bankVOD Services, or disobey any requirements, procedures, policies or regulations of bankVOD and/or the networks connected to the bankVOD Services;

provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to a person(s) or an organization(s) designated by the United States government as terrorist or otherwise;

“stalk” or otherwise harass another; and/or

collect or store personal data about other users of the bankVOD Services and/or the bankVOD Services.

You will not create profile of users of BANKVOD Services, or market to users of bankVOD Services.

You shall not: (i) interfere or attempt to interfere with the proper working of the bankVOD websites, bankVOD Services, and/or bankVOD systems; (ii) use or combine the bankVOD websites, bankVOD Services and/or bankVOD systems with software, which creates any obligation with respect to bankVOD contrary to these Terms; or (iii) grant to any third party any rights to, or immunities in relation to, bankVOD’s intellectual property or proprietary rights.

You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, including, without limitation, for marketing, data processing, or data evaluation purposes, any portion or use of, or access to, the bankVOD Services (including but not limited to Content, advertisements, software, web design, data and/or information received therefrom, and/or your bankVOD ID). In addition, you shall not circumvent your or another person’s or entity’s use of the bankVOD Services by any means, including, but not limited to, submitting (or having submitted) (i) your Content under an account or user ID other than your own, and/or (ii) another person’s Content under your account or your user ID. In addition, you shall not use bankVOD Service to compete, directly or indirectly, or through a third party, against bankVOD.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the bankVOD Services and transfer and posting of data to bankVOD and/or via the bankVOD Services may be subject to the export and import laws of the United States and/or other countries. You agree to comply with all applicable export and import laws and regulations. Without limiting the foregoing, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to, the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, the United Kingdom’s HM Treasury’s Consolidated List of Sanctions Targets, or the European Union’s Consolidated List of Persons, Groups, and Entities Subject to the European Union’s Financial Sanctions. Nor will you transfer software, technology, and other technical data via the bankVOD Services to parties identified on such lists; (b) agree not to use the bankVOD Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the bankVOD Services any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.

Data provided through the bankVOD Services is currently sourced from and stored in data centers located within the United States and pertains to residents of, and businesses located in, the United States. Users may access bankVOD Services from locations within or outside the United States, provided they comply with all applicable export/import laws. bankVOD may in the future offer data centers in additional jurisdictions to serve international customers, subject to these Terms.

In addition, in the future, upon notice to you, bankVOD may at its sole discretion host and provide bankVOD Services and maintain Your Data, Content, Verification Requests and Verification Responses from the bankVOD Services in the cloud through Amazon Web Services or such other cloud services provider specified by bankVOD (“Cloud Solution”). In such a case, bankVOD will no longer provide a hosted or on-premises solution. bankVOD will continue to provide the same availability and service levels for the bankVOD Services through the Cloud Solution as specified in these Terms. bankVOD represents that (a) data provided through the bankVOD Services, including Your Data, Content and Output may be maintained in data centers in one or more geographic regions as determined by bankVOD and in accordance with bankVOD's data residency policy and applicable regulatory requirements, and bankVOD shall comply with all applicable data protection and privacy laws governing the storage and processing of Your Data, Content and Output in any such region; and (b) bankVOD will implement and maintain and require the providers of the Cloud Solution to maintain administrative, technical, physical, and organizational safeguards consistent with industry standards and applicable laws designed to protect the Your Data, Content and Output from unauthorized use and access.

You acknowledge that bankVOD may establish general practices and limits concerning use of the bankVOD Services, including without limitation the maximum number of days that your information, email messages, message board postings Your Data, Output or other uploaded Content will be retained by bankVOD Services, the maximum number of email messages that may be sent from or received by an account or otherwise on the bankVOD Services, the maximum size of any email message that may be sent from or received by an account or otherwise on the bankVOD Services, the maximum space, if any, that will be allotted on bankVOD’s servers on your or anyone else’s behalf, and the maximum number of times (and the maximum duration for which) you or anyone may access the bankVOD Services in a given period of time.

bankVOD reserves the right at its sole discretion upon notice to modify its storage procedures, including, but not limited to, the following:

(i) Completed Verification PDFs ("CVPs") may be made accessible online in the Cloud Solution through the bankVOD Services for six (6) months from the date the CVP was completed and maintained offline for an additional six (6) months thereafter. After the expiration of this twelve (12) month retention period, the CVPs will be permanently removed from the bankVOD Services and any other storage bankVOD controls using cryptographic verification and industry-standard data destruction methods. You are responsible for storing a copy of all CVPs on your own servers and systems and should not rely on the bankVOD Services for long-term storage.

(ii) Audit/Transaction Logs will be maintained indefinitely at the application level in the form of metadata to support audit and compliance requirements; however, no PDFs will be stored except as noted in subsection (a) above.

YOU AGREE THAT BANKVOD HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION, MESSAGES, AND OTHER COMMUNICATIONS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, YOUR DATA, OUTPUT, CONTENT AND FORMS (WHETHER OR NOT THEY CONTAIN YOUR INFORMATION) MAINTAINED OR TRANSMITTED BY OR TO BANKVOD AND/OR THE BANKVOD SERVICES. BANKVOD SERVICES ARE DESIGNED FOR DATA TRANSMISSION AND VERIFICATION FACILITATION, NOT AS A PERMANENT DATA STORAGE OR RECORDS MANAGEMENT SYSTEM. YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING, STORING, AND MAINTAINING YOUR OWN RECORDS IN ACCORDANCE WITH YOUR BUSINESS REQUIREMENTS AND LEGAL OBLIGATIONS.

You acknowledge that bankVOD reserves the right to log off accounts, or the equivalent of accounts. You further acknowledge that bankVOD reserves the right to modify these general practices and limits at any time without notice.

bankVOD may immediately suspend Responder's account and access to the bankVOD Services upon written notice (including email or dashboard notification) in its sole discretion if:

(i) Responder materially breaches these Terms or the Acceptable Use Policy;

(ii) bankVOD detects unusual activity, fraud, money laundering, or security threats;

(iii) Responder's use creates security risks or degrades system performance for other users;

(iv) Required by law, regulation, court order, or regulatory authority;

(v) Information provided by Responder is discovered to be untrue, inaccurate, or incomplete in any material respect;

(vi) Responder fails to respond to bankVOD's requests for information within five (5) business days;

(vii) bankVOD is subject to a regulatory examination, audit, or inquiry that necessitates temporary suspension to ensure compliance.

During suspension, Responder will not have access to the bankVOD Services, but remains responsible for all fees accrued before and during the suspension period. bankVOD will use commercially reasonable efforts to notify Responder of the reason for suspension. bankVOD has no liability for any damages, losses, or costs arising from suspension undertaken in good faith pursuant to this Section.

bankVOD may reinstate access if the condition causing suspension has been remedied to bankVOD's reasonable satisfaction, Responder has provided any requested information, and Responder has agreed to any additional terms or controls bankVOD deems necessary.

Termination for Convenience: Either party may terminate the Terms or your use of the bankVOD Services for any reason upon providing thirty (30) days' prior written notice to the other party.

Termination for Cause: Either party may terminate the Terms or use of the bankVOD Services immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within fifteen (15) days after receiving written notice specifying the breach.

Immediate Termination: You agree that bankVOD may upon notice, immediately terminate, limit your access to or suspend your bankVOD account and access to the bankVOD Services in the following circumstances: (a) requests by law enforcement, other governmental agencies, or third parties; (b) discontinuance or material modification to the bankVOD Services (or any part thereof); (c) unexpected technical or security issues or problems; (d) engagement by you in fraudulent or illegal activities in the sole opinion of bankVOD; (e) nonpayment of any fees owed by you in connection with the bankVOD Services, you are subject to any proceeding under any bankruptcy act or similar laws; and/or (f) use by you of bankVOD Services which negatively affects the goodwill or reputation of bankVOD.

Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in bankVOD’s sole discretion and that BANKVOD SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION FOR CAUSE, SUSPENSION, AND/OR LIMITATION OF ACCESS OF YOUR ACCOUNT OR ACCESS TO THE BANKVOD SERVICES.

Effect of Termination: Termination of your bankVOD account, any associated email address, and/or access to the bankVOD Services includes, but is not limited to, any or all of the following: (a) removal of access to all or part of the offerings within the bankVOD Services; (b) deletion of your password, if any, and all related information, files and content associated with or inside your account and/or access thereto (or any part thereof); and (c) barring of further use of all or part of the bankVOD Services, including but not limited to, this website(s).

bankVOD may require reactivation charges to renew any bankVOD Service after termination, suspension, and/or limitation of access. Upon termination for any or no reason, you are responsible for paying all amounts and charges owing under these Terms and/or to bankVOD prior to and/or after termination, including, but not limited to, any applicable cancellation fee(s).

Upon written request and subject to verification of your identity, bankVOD will provide you with a copy of your data in a commonly used, machine-readable format within thirty (30) days, subject to applicable law and technical feasibility. Such data export shall include verification request records and account information available within bankVOD’s retention periods as set forth in these Terms. bankVOD reserves the right to charge reasonable fees for data export requests that require significant technical resources. This data portability right does not apply to data that: (i) would compromise the privacy or security of other users; (ii) would disclose bankVOD’s confidential business information or trade secrets; or (iii) is subject to legal holds or regulatory preservation requirements. YOU ACKNOWLEDGE THAT BANKVOD SERVICES FACILITATE DATA TRANSMISSION AND ARE NOT INTENDED AS A PERMANENT RECORDS MANAGEMENT SYSTEM. BANKVOD’S DATA EXPORT CAPABILITY IS LIMITED TO DATA AVAILABLE WITHIN OUR DEFINED RETENTION PERIODS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COMPLETE RECORDS IN ACCORDANCE WITH YOUR BUSINESS AND LEGAL REQUIREMENTS.

Service Availability. bankVOD will use commercially reasonable efforts to maintain bankVOD Services availability of 99.5% uptime on a monthly basis, excluding scheduled maintenance windows and Force Majeure Events (as defined below). Scheduled maintenance will be performed during non-peak hours when commercially reasonable, with advance notice of at least forty-eight (48) hours provided via email or posting on the bankVOD website. Emergency maintenance may be performed without advance notice when necessary to address security vulnerabilities or critical system issues.

Business Continuity. bankVOD maintains business continuity and disaster recovery plans designed to restore bankVOD Services within a commercially reasonable timeframe following a disaster or service interruption. bankVOD performs regular backups of customer data and maintains redundant systems to minimize service disruptions. However, bankVOD does not guarantee zero data loss or zero downtime in all circumstances.

Limitations. The service availability commitment does not apply to: (i) service interruptions caused by factors outside bankVOD’s reasonable control, including Force Majeure Events, internet service provider failures, or distributed denial of service attacks; (ii) scheduled maintenance; (iii) service interruptions caused by your breach of these Terms or your failure to follow bankVOD’s usage guidelines; or (iv) issues caused by your equipment, network connectivity, or third-party software.

You and bankVOD acknowledge that each of you and bankVOD may have access to confidential information of the other (the “Disclosing Party”) relating to the Disclosing Party’s business, including, without limitation, technical, financial, strategic, and related information, computer programs, algorithms, know-how, processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of bankVOD’s information, product information, pricing information, product development plans, forecasts, data contained in bankVOD Services, and other business information (“Confidential Information”). Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party’s possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third party and received in good faith and without any duty of confidentiality by the Receiving Party or the third party; or (iv) was independently developed without use of any Confidential Information of the Disclosing Party. “Trade Secret” shall be deemed to include any information which qualifies as a trade secret under applicable law. Each receiving party (“Receiving Party”) agrees not to divulge any Confidential Information of the Disclosing Party or information derived therefrom to any third party, and shall protect the confidentiality of the Confidential Information of the Disclosing Party with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event less than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information of the Disclosing Party solely to the extent required by subpoena, court order, or other governmental authority, provided that the Receiving Party shall give the Disclosing party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing party to have an opportunity to obtain a protective order to prohibit or restrict such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order, or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party’s obligations with respect to Confidential Information shall continue for the term of the bankVOD Terms and for a period of five (5) years thereafter, provided however, that with respect to Trade Secrets, each Party’s obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret.

You shall not issue any press release or other public statement (including, without limitation, on social media, or via advertisements, promotional and/or or marketing materials), or make other disclosures to third parties regarding these Terms, the bankVOD Services, your use and/or access to the bankVOD Services, bankVOD, and/or any bankVOD Indemnitee, without bankVOD’s prior written consent in each instance.

You acknowledge and agree that the bankVOD Services and any software used in connection with the bankVOD Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content provided by bankVOD, including but not limited to, information presented to you through or by the bankVOD Services, including, but not limited to, the forms provided by bankVOD, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws (“Intellectual Property Rights”). You agree that bankVOD owns all right, title, and interest in and to the bankVOD Services, Software and Content, including all Intellectual Property Rights. Except as expressly permitted by applicable Law or as authorized in a signed writing by bankVOD or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, transfer, broadcast, publicly perform or create derivative works based on the bankVOD Services, the Software, and Content that is not yours, including, but not limited to, forms, in whole or in part. Without limiting the foregoing, these Terms do not transfer from bankVOD to you any bankVOD developed, licensed, or owned property, including but not limited to, technology, Software, and/or Content (including but not limited to forms), and all right, title, and interest, including, but not limited to, copyrights, trademarks, service marks, patents, or other proprietary rights, in the foregoing, and together with all derivative works, modifications, enhancements, and upgrades, updates, and enhancements of the foregoing, but excluding your information and/or Content, are and will remain solely with bankVOD or bankVOD’s third-party providers, and are the sole property of bankVOD or bankVOD’s third-party providers. You shall immediately notify bankVOD in writing of any threatened or actual infringement of the foregoing. Any rights not expressly granted in these Terms are reserved by bankVOD, and all implied licenses are disclaimed. You hereby assign and transfer to bankVOD any and all rights in any of the foregoing intellectual property, either presently existing or hereinafter arising, and agree to take such actions and execute such documents / instruments as bankVOD may reasonably request to secure such rights for bankVOD or bankVOD third-party providers. You will not attempt to prohibit or enjoin bankVOD at any time from utilizing any property of bankVOD, and/or any skills or knowledge (including, but not limited to, that of a general nature) that bankVOD acquires during the course of providing bankVOD Services. bankVOD may be required to disclose information to individuals or entities, including, without limitation as to asserting rights under the Digital Millennium Copyright Act or otherwise, and you expressly authorize bankVOD, without prior notice to you, to comply with any and all lawful notices, subpoenas, court orders, or warrants relating to the Digital Millennium Copyright Act or otherwise. You agree not to access the bankVOD Services by any means other than through the interface that is provided by bankVOD for use in accessing the bankVOD Services. In addition, you shall use materials, information, and/or data received through the bankVOD Services in a manner consistent with bankVOD’s and the applicable bankVOD third-party provider’s interests, and these Terms, and such third-party provider may use such data for any purpose consistent with applicable Laws and these Terms.

A. Feedback and Suggestions

bankVOD Trademarks. You agree that all of bankVOD’s trademarks, trade names, service marks, logos and other bankVOD brand features, and product and service names of bankVOD, are trademarks and the property of bankVOD (the “bankVOD Marks”). Without bankVOD’s signed written prior permission in each instance, you agree not to display or use in any manner the bankVOD Marks.

Your Trademarks. You agree that bankVOD may use your trade name(s), as needed, to effectuate the bankVOD Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WEBSITE(S) RELATED THERETO, IS AT YOUR SOLE RISK. THE BANKVOD SERVICES AND WEBSITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANKVOD, AND ITS SUBSIDIARIES, AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS (I) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (II) ASSUME NO RESPONSIBILITY FOR THE ACCURACY, CORRECTNESS, TIMELINESS, DELETION, ERRORS, MIS-DELIVERY, FAILURE, USE AND/OR MISUSE BY YOU OR ANYONE ELSE OF THE BANKVOD SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE AND/OR STORAGE OF ANY (A) USER OR THIRD PARTY (E.G., GOVERNMENTAL ENTITY, FINANCIAL INSTITUTION, EMPLOYER, THIRD PARTY OR REPRESENTATIVE THEREOF) COMMUNICATIONS AND/OR INFORMATION, (B) SERVICES, AND/OR (C) FORMS.

WITHOUT LIMITING THE FOREGOING, BANKVOD AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS MAKE NO WARRANTY THAT (I) THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, ITS WEBSITES, OR SOFTWARE, (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BANKVOD SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, AND YOU AGREE THAT BANKVOD SERVICES ARE NOT THE SOURCE OF MATERIAL, DATA, OR INFORMATION, NOR ARE BANKVOD SERVICES A COMPREHENSIVE COMPILATION OF MATERIAL, DATA OR INFORMATION, AND THAT BEFORE RELYING ON ANY MATERIAL, DATA OR INFORMATION FROM BANKVOD OR FROM BANKVOD SERVICES, IT IS YOUR RESPONSIBILITY TO INDEPENDENTLY VERIFY SUCH MATERIAL, DATA AND INFORMATION, AND BANKVOD HAS NO LIABILITY FOR YOUR OR ANY THIRD PARTY’S RELIANCE ON SUCH MATERIAL, DATA OR INFORMATION; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, THE BANKVOD WEBSITE(S), AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE BANKVOD SERVICES AND/OR SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, DATA, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BANKVOD SERVICES OR SOFTWARE IS ACCESSED OR PROVIDED SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR, AND YOU HEREBY WAIVE, ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOURSELF, OTHERS, YOUR COMPUTER SYSTEM, DEVICE (MOBILE OR OTHERWISE), INTERNET ACCESS, DOWNLOAD AND/OR DISPLAY DEVICE, AND/OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR PROVISIONING OF ANY SUCH MATERIAL, DATA, OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANKVOD AND/OR ITS SUBSIDIARIES AND AFFILIATES, AND/OR EACH OF IT AND/OR THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS, AND/OR THROUGH OR FROM THE BANKVOD SERVICES, INCLUDING BUT NOT LIMITED TO, THE BANKVOD WEBSITE(S), AND/OR SOFTWARE, SHALL CREATE ANY WARRANTY FROM SUCH PERSON OR ENTITY OR OTHERWISE.

You agree to indemnify and hold bankVOD, its subsidiaries and affiliates, and each of it and their owners, shareholders, directors, officers, partners, agents, employees, representatives, contractors, third-party providers, licensors, successors and assigns (collectively, the “bankVOD Indemnitees”) harmless from any and all liabilities, claims, demands, costs, liabilities, expenses, and taxes including, but not limited to, reasonable attorneys’ fees, relating to and/or arising out of (i) Content (including Verification Responses) you submit, post, transmit, modify, or otherwise make available through the bankVOD Services; (ii) your use of the bankVOD Services; (iii) information and/or data you provide to or receive through the bankVOD Services; (iv) your connection to the bankVOD Services; (v) a Security Event caused by your breach of your obligations under Section 13; (vi) any breach of these Terms; (vii) your obligations set forth in these Terms; (viii) your violation of applicable Law; (ix) your violation of any rights and/or harm to any person and/or entity; (x) your failure to independently verify customer authorization before providing a Verification Response as required by Section 9; (xi) your use of verification data for unauthorized purposes; and/or (xii) any act or omission by you (collectively, “Claim”). Without limiting the foregoing, you shall not approve any settlement or disposition of any Claim without the prior written consent of bankVOD, which consent may be withheld for any or no reason. In addition, we may participate in the defense of any Claim at our expense. Furthermore, if you should fail to defend the Claim within the earlier of ten (10) days of you learning of the Claim or our notice to you about the Claim, we shall have the right to retain counsel of our choosing to defend the Claim at your cost and expense, payable to us as otherwise set forth in these Terms, and without prejudice to any of our rights under this Section or these Terms.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BANKVOD, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF IT AND THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, CONTRACTORS, THIRD-PARTY PROVIDERS, AND LICENSORS (I) SHALL NOT BE LIABLE TO YOU, OR ANYONE ELSE, FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR USE OR MISUSE OR LOSS OF PROFITS, GOODWILL, OR DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF BANKVOD AND/OR A BANKVOD INDEMNITEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) EXCEPT TO THE EXTENT PROHIBITED BY LAW, SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY ACT OR OMISSION; (III) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AND/OR RELATING TO THE BANKVOD SERVICE, INCLUDING BUT NOT LIMITED TO, THOSE OF GOVERNMENTAL ENTITIES, FINANCIAL INSTITUTIONS, THIRD-PARTY PROVIDERS, AND/OR EMPLOYERS; (IV) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (V) SHALL NOT BE LIABLE TO YOU AND/OR ANYONE ELSE AS TO A LIMITATION OF LIABILITY OF BANKVOD OR ANY BANKVOD INDEMNITEE SET FORTH ELSEWHERE IN THESE TERMS; AND (VI) WITHOUT LIMITING THE FOREGOING, SHALL ONLY BE LIABLE TO YOU FOR DIRECT DAMAGES FOR ITEMS NOT SET FORTH IN THIS SECTION, IN THE AGGREGATE AMOUNT NOT TO EXCEED THE TOTAL FEES YOU HAVE ACTUALLY PAID TO BANKVOD FOR THE BANKVOD SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER. YOU COVENANT AND PROMISE THAT YOU WILL NOT SUE OR COMMENCE AN ACTION AGAINST BANKVOD FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF YOU AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH GREATER SUM OR DAMAGES.

You understand and agree that in order to ensure compliance with certain Laws, these Terms, bankVOD’s obligations under its contracts with its third-party providers, and bankVOD’s internal policies, bankVOD may (or have a third party) conduct periodic reviews of your use of the bankVOD Services and may, upon ten (10) business days’ notice (or immediate notice in the event of a suspected security breach, data incident, regulatory inquiry, or other emergency), audit your records, processes, procedures, facilities, and/or systems related to your use, storage, and disposal of bankVOD Services and information and/or data provided to or received therefrom. bankVOD may conduct up to one (1) audit per twelve (12) month period, unless bankVOD has reasonable cause to believe a violation of these Terms has occurred, in which case additional audits may be conducted. You agree to cooperate fully with any and all audits and to respond to any such audit inquiry (including, without limitation, providing access to your records, processes, procedures, facilities, and/or systems) within ten (10) business days of bankVOD’s request, unless an expedited response is required by bankVOD, Law, or otherwise. Violations discovered in any review and/or audit by bankVOD will be subject to immediate action including, but not limited to, suspension or termination of the use of bankVOD Services, reactivation fees, payment by you of audit fees and costs if material violations are found, indemnification by you, legal action against you, and/or referral to federal, state, or other regulatory agencies. If no material violations are found during an audit, bankVOD shall bear its own costs and expenses for conducting the audit.

If you are using bankVOD Services on behalf of a business entity with employees or contractors who will access bankVOD Services, you shall train new employees and contractors as to your obligations under these Terms, including, but not limited to, the licensing requirements, restrictions, security requirements, and customer authorization requirements set forth herein. If you are using bankVOD Services on behalf of a business entity, you shall, no less than annually, conduct a similar review of its obligations under these Terms with existing employees and contractors who have access to bankVOD Services. If you are using bankVOD Services on behalf of a business entity, you shall keep records of such training and reviews as follows: (i) for verification request records and completed verification response data, six (6) months in online storage, six (6) months in offline storage, then in cryptographically secured format (such as hashed or similar immutable technology) thereafter as required by Law; and (ii) for all other training records, seven (7) years after termination of your use of bankVOD Services or these Terms, unless a shorter period is required by Law, and upon request shall provide such to bankVOD.

Entire Agreement/No Assignment. These Terms constitute the entire agreement between you and bankVOD, govern your use of the bankVOD Services (including, but not limited to, the bankVOD website(s)), and supersedes any prior version of these Terms and/or any agreement or understanding, oral or written, between you and bankVOD with respect to the bankVOD Services. These Terms may only be amended or terminated in writing by bankVOD. Any new, other, or different terms supplied by you, including without limitation, those contained in purchase orders or confirmations issued by you, are specifically and expressly rejected by bankVOD and are null and void. You may not assign, sublicense, delegate and/or transfer any right or obligation pursuant to these Terms and/or the bankVOD Services, in whole or in part, except to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of your assets, provided that you provide bankVOD with thirty (30) days’ prior written notice of such assignment. Any assignment in violation of this provision is null and void. Without limiting the foregoing, you agree that your bankVOD account is non-transferable by you, including but not limited to, any rights to your bankVOD ID or contents within your account. bankVOD may assign, sublicense, delegate, and/or transfer any right or obligation pursuant to these Terms and/or the bankVOD Services, in whole or in part, at any time to any person or entity, without notice to you.

CHOICE OF LAW / FORUM / WAIVER OF JURY TRIAL / CLASS ACTION WAIVER / STATUTE OF LIMITATIONS / RECOVERY OF COSTS

You and bankVOD each agree that these Terms and the relationship between you and bankVOD (and the bankVOD Indemnitees) shall be governed by the laws of the State of Illinois without regard to any conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and bankVOD and/or the bankVOD Services, shall be brought exclusively in the courts of competent jurisdiction located within Cook County, State of Illinois, USA. For purposes of these Terms and the bankVOD Services, you and bankVOD (i) agree to waive any and all objections to the exercise of jurisdiction over you and/or bankVOD by the foregoing courts and to venue in such courts. Notwithstanding the foregoing exclusive jurisdiction, any judgment may be enforced in other jurisdictions by suit on the judgment or in any other manner. THE PARTIES IRREVOCABLY AND UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF, DIRECTLY OR INDIRECTLY, THESE TERMS OR THE BANKVOD SERVICES.

CLASS ACTION WAIVER

ANY CLAIM OR CAUSE OF ACTION AGAINST BANKVOD WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND WILL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE ACTION AGAINST BANKVOD.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THE BANKVOD SERVICES AND/OR THESE TERMS MUST BE FILED BY YOU WITHIN TWO (2) YEARS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR BE FOREVER BARRED.

In addition, you agree to pay all costs, including attorney’s fees, collection costs, and court costs we incur in enforcing these Terms, and/or any provision thereof, including, without limitation, through any appeal.

Waiver and Severability of Terms. The failure of bankVOD to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and bankVOD, nevertheless, agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Force Majeure. bankVOD shall not be liable for any failure or delay in its performance under these Terms as it relates to the bankVOD Services due to any cause beyond its reasonable control, including, but not limited to:

• Acts of God, including earthquake, flood, fire, storm, hurricane, tornado, tsunami, volcanic eruption, or other natural disasters;
• Epidemic, pandemic, public health crisis, or quarantine restrictions;
• War (declared or undeclared), armed conflict, invasion, terrorism, civil unrest, riot, insurrection, or revolution;
• Governmental action, including:
• Imposition of sanctions, embargoes, or export/import restrictions;
• Emergency regulations or executive orders;
• Closure orders or business restrictions;
• Seizure or nationalization of assets;
• Labor disputes affecting third parties, including strikes, lockouts, slowdowns, or labor shortages;
• Failure of telecommunications, internet service providers, or utility providers, including:
• Power outages or shortages;
• Internet backbone failures;
• DNS or routing failures;
• Failure of banking networks, payment systems, or financial service providers;
• Cyberattacks affecting third parties, including:
• Distributed denial-of-service (DDoS) attacks;
• Ransomware or malware attacks;
• Widespread security vulnerabilities (zero-day exploits);
• Failure of critical suppliers, vendors, or subcontractors due to Force Majeure Events affecting them;
• Changes in law or regulation requiring immediate compliance where compliance cannot be achieved within the affected Party's reasonable control;
• Supply chain disruptions, including inability to obtain necessary hardware, software, or services; and
• Transportation failures, blockades, or embargoes preventing delivery of essential services or materials (collectively, “Force Majeure Events”).
• a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
• a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
• a description of where the material that you claim is infringing is located on our website(s);
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

No Third-Party Beneficiaries/Our Relationship. You agree that there are and shall be no third-party beneficiaries to this agreement except as expressly provided in these Terms. These Terms or your use of the bankVOD Services will not establish any relationship of partnership, joint venture, employment, franchise, or agency between bankVOD and you. Neither bankVOD nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Terms.

Survival. The definitions in these Terms, and the provisions of Sections 2, 3, 3.A., 4 through 7, 7.A, 8. 9, 10 (first and third paragraphs only), 11 through 36 of these Terms survive any termination or expiration, if any, of these Terms and your license to and/or your access to the bankVOD Services.

Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Copyright Or Intellectual Property Complaints. bankVOD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:

Please send the foregoing information to our agent for notice of claims of copyright or other intellectual property infringement at:

Copyright Agent:

BVOD Solutions, LLC
Attn: Legal Department
legal@bankvod.com
1 S Dearborn, 20^th Floor
Chicago, IL 60603

Except as explicitly stated otherwise, any notice to us may be sent either by email to legal@bankvod.com or by certified mail, postage prepaid and receipt requested to BVOD Solutions, LLC dba: bankVOD, 1 S Dearborn, 20^th Floor, Chicago, IL 60603, and any notice may be sent either by email to the email address provided during registration or by certified mail, postage prepaid and receipt requested to the postal address provide on registration. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice by certified mail, postage prepaid and return receipt requested, shall be deemed given three (3) days after the date of mailing. You must ensure that your contact and account information with us is current and correct, and promptly notify us in writing of any changes to such information.

These Terms were last updated June 11, 2026

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