The Bafu Inc Terms of Service Agreement (referred to as the “Agreement”) establishes a legal agreement between you and Bafu, Inc. This Agreement governs your utilization of Bafu’s websites, technology platforms, and/or mobile application (referred to collectively as the “Sites”), as well as Bafu’s products, services, and features (referred to collectively as the “Services”). In the context of this Agreement, “you” and “your” denote you as the user of the Sites or the Services, while “we,” “us,” and “our” pertain to Bafu Inc.
ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION. PLEASE REFER TO SECTION 11 (NO WARRANTIES; LIMITATIONS OF LIABILITY) BELOW FOR MORE INFORMATION.
PLEASE ALSO SEE “YOUR RESPONSIBILITY FOR THIRD-PARTY BANK FEES” FOR A BETTER UNDERSTANDING OF YOUR CONTINUED RESPONSIBILITY FOR BANK FEES, INCLUDING OVERDRAFT AND INSUFFICIENT FUNDS FEES, CHARGED BY YOUR BANK. BY USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT YOU, AND NOT BAFU INC, WILL BE LIABLE FOR ANY THIRD-PARTY BANK FEES YOU MAY INCUR. PLEASE REFER TO SECTION 4 (YOUR RESPONSIBILITY FOR THIRD-PARTY BANK FEES) BELOW FOR MORE INFORMATION.
Confidentiality of Credentials:
Your Responsibility for Third-Party Bank Fees
Text Messaging and Notifications
Acceptable Use of the Sites and the Services
License for Submitted Content:
Bafu’s Intellectual Property Rights
Changes to the Sites or the Services:
No Warranties; Limitations of Liability
Dispute Resolution by Binding Arbitration
Notice to California Customers
Digital Millennium Copyright Act Notice
Before utilizing the Sites and the Services, carefully review this Agreement. Additionally, familiarize yourself with our Privacy Policy for insights into the collection, usage, and disclosure of personally identifiable information. Bafu Inc retains the right to modify this Agreement and the Privacy Policy at any time. Revised versions of the Agreement will be posted at https://www.bafu.io/terms-of-service (the “Terms of Service Site”) and the Privacy Policy at https://www.bafu.io/privacy (the “Privacy Policy Site”). It’s advisable to periodically check the Terms of Service Site and Privacy Policy Site for updates. All amendments become effective upon posting. By using the Sites or the Services after the effective date of any change, you agree to abide by the updated version of this Agreement or the Privacy Policy, as applicable. Additionally, you consent to the Electronic Communications Consent and any supplementary terms specific to the Sites or the Services you use, which become part of your agreement with us. Accessing or using the Sites or the Services implies that you have read, comprehended, and consented to be bound by this Agreement and the Privacy Policy.
To access the Sites and the Services, you must create a profile with Bafu Inc (referred to as your “Bafu Inc Profile”). You are allowed only one profile with Bafu Inc. To be eligible to use the Services, you must meet the following criteria:
A “Verified Employer” refers to an employer who (1) operates from a fixed work location where you work and utilizes an online/electronic timekeeping system, or (2) is approved by Bafu Inc and adheres to a regular pay schedule (weekly, bi-weekly, semi-monthly, or monthly).
If your bank is not listed when attempting to link your account in your Bafu Inc Profile, unfortunately, we cannot provide the Services to you at this time. We are actively expanding our bank support and encourage you to check back later to see if your bank has been added.
Each time you use the Services, you affirm that you meet the eligibility requirements stated above. For any queries regarding your eligibility, please contact us via live chat with the Bafu Inc team through the Bafu.
The Sites and the Services may only be utilized for your personal, non-commercial use, and not on behalf of, or for, any third party. Accessing or using the Services in Cuba, Crimea, Iran, North Korea, Syria, or any other jurisdiction or country subject to United States sanctions is prohibited. Any use of the Sites or the Services contrary to the law is strictly forbidden. Services may not be available in all states, and we reserve the right to restrict the availability of the Sites and the Services at any time.
You are responsible for maintaining the confidentiality of the usernames and passwords used to access the Sites and the Services (collectively referred to as your “Credentials”). Bafu Inc will recognize the use of your Credentials by another person as authorized by you. If you suspect that your Credentials or the device used to access the Sites or the Services have been lost, stolen, or used without permission, or if an unauthorized transaction has occurred, notify us IMMEDIATELY via live chat with the Bafu Inc team through the Bafu.
You agree to provide accurate profile information, including your name, physical address, wireless phone number, email address, and Bank Account information (“Profile Information”). Ensure that your Profile Information remains current and update it as necessary. If assistance is required in changing your Profile Information, please engage in live chat with the Bafu Inc team through the Bafu. Bafu Inc is not liable for any payment processing errors, fees, or other issues arising from your failure to maintain current Profile Information.
To terminate your association with Bafu Inc, log into your Bafu Inc Profile and access the settings menu. There is no charge to close your Bafu Inc Profile. However, closing your Bafu Inc Profile renders you unable to utilize any Services, and any associated Evolve accounts will also be closed. It’s essential to note that closing your Bafu Inc Profile does not annul any pending debits from your Bank Account authorized through your use of the Services. If you require assistance with terminating your Bafu Inc Profile, please engage in live chat with the Bafu Inc team through the Bafu.
You are accountable for maintaining adequate funds in your Bank Account to cover all payments authorized through your use of Services, including any outstanding amounts owed to Bafu Inc. If Bafu Inc does not withdraw funds from your Bank Account before your next regularly scheduled paycheck or the designated debit date, you agree that you, not Bafu Inc, will be liable for any fees incurred due to insufficient funds in your Bank Account, such as overdraft fees, over-the-limit fees, insufficient fund charges, finance charges, and late fees.
Your bank, not Bafu Inc, governs the timing for processing credits and debits to and from your Bank Account. Consequently, when Bafu Inc attempts to debit your Bank Account for authorized amounts, or you authorize a funds transfer between various bank accounts, your bank’s processing of credits and debits may result in overdrafts, insufficient funds fees, or similar bank fees, even if you believe that your Bank Account contains sufficient funds. It is your responsibility to review the terms of your Bank Account to understand your bank’s overdraft policy and the processing of debits and credits.
You confirm that the wireless phone number provided is yours, and you are authorized to receive text messages at that number. Wireless carriers bear no responsibility for delayed or undelivered messages. We reserve the right to modify or terminate our text messaging services without prior notice.
You consent to receive push notifications from us on your wireless device. You can opt out of receiving push notifications through your device settings. Please be aware that opting out of push notifications may affect your use of the Services.
You agree not to:
If there is reason to believe that you may have engaged in restricted activities, we may take various actions to safeguard ourselves, other users, and third parties from fees, fines, penalties, and any other liability. Such actions may include terminating, suspending, or limiting your ability to use the Sites or the Services; terminating this Agreement; updating inaccurate information provided by you; taking legal action against you; and holding you liable to Bafu Inc for damages resulting from your violation of this Agreement.
By creating a Bafu Inc Profile, you authorize us to obtain necessary information about you and your Bank Account to provide the Services. This information may be obtained directly or indirectly through our third-party service providers from your bank and other third-party websites and databases. You agree that our third-party service providers, as well as the operators and owners of third-party websites and databases, are entitled to rely on this authorization. We do not verify the accuracy of the information we obtain.
You acknowledge that (i) when Bafu Inc accesses and retrieves information about you or your Bank Account from third-party sites, Bafu Inc acts as your agent, not as the agent of, or on behalf of, the third party, and (ii) the Services are not endorsed or sponsored by any third parties.
Any content, remarks, suggestions, ideas, graphics, feedback, questions, or comments submitted to Bafu Inc constitute a “Submission.” You grant Bafu Inc a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all Submissions. If any moral rights or similar rights apply to any Submission and are not exclusively owned by Bafu Inc, you waive, and agree not to enforce or assign, any such rights. You acknowledge that (i) Submissions are not confidential, (ii) Bafu Inc has no obligation to compensate you for any Submissions, and (iii) Bafu Inc may use any Submission in its business without incurring any liability for any similarities to your Submission that may appear in future Bafu Inc operations or businesses. Bafu Inc reserves the right to remove any Submission.
For each Submission, you affirm that: (A) you have all necessary licenses, rights, consents, and permissions to grant Bafu Inc a license to your Submission; (B) your Submission does not contain any harmful code; (C) your Submission does not contain certain types of content, such as political campaigning or spam; (D) your Submission does not contain offensive material; and (E) your Submission is accurate. If your opinions stated in a Submission change, you agree to notify us immediately.
All content associated with the Sites, including text, data, trade names, trademarks, service marks, designs, images, artwork, icons, sound, video, animation, interfaces, and all intellectual property (collectively referred to as the “Content”), as well as the arrangement and selection of the Content, are exclusively owned by Bafu Inc and its licensors or suppliers, as applicable. The Content is safeguarded by United States and international intellectual property laws, and Bafu Inc retains all rights, title, and interest in and to the Content. Without our prior written consent, you may not copy, reproduce, imitate, modify, publish, or use the Content. Furthermore, you may not use the Content in a manner that misrepresents Bafu Inc or suggests Bafu’s sponsorship or endorsement.
We retain the right to modify, suspend, or discontinue the Sites or the Services at any time. If you have a Bafu Inc Profile and we make significant changes to the Sites or the Services, we will notify you of these changes before they take effect. If you disagree with the changes, you should cease using the Sites or the Services. However, if you continue to use them after the effective date of any change, you will be deemed to have accepted those changes. You acknowledge that Bafu Inc will not be held liable to you or any third party for any changes, suspensions, or discontinuations of the Sites or the Services.
The Services are not intended to offer legal, tax, or financial advice, and Bafu’s credit monitoring service does not constitute credit counseling. Bafu Inc is not a financial planner, broker, or tax advisor, and we do not guarantee to assist you in obtaining a loan or improving your credit record, history, or rating. The Services are solely meant to aid you in financial organization and decision-making. Before utilizing the Services or implementing any financial strategy, you should seek advice from your accountant or other financial advisors who are familiar with your individual circumstances. We are not responsible for ensuring that your Bank Account has sufficient funds for your needs, purposes, or transactions.
You agree that any alerts provided to you through the Services may be delayed or hindered by various factors. While Bafu Inc makes commercially reasonable efforts to deliver alerts promptly with accurate information, we cannot ensure the delivery, timeliness, or accuracy of the content of any alert. Bafu Inc will not be held liable for any delays, failures to deliver, or misdirected deliveries of alerts; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party relying on an alert.
The Sites, Services, information, data, features, and all content are provided on an “as is” and “as available” basis. Bafu Inc and its affiliates and licensors make no representations, warranties, or guarantees of any kind, express or implied, regarding:
To the fullest extent permissible under applicable law, Bafu Inc and its affiliates and licensors expressly disclaim any warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for any particular purpose, and non-infringement. You agree that your use of the Sites and the Services is at your sole risk.
Under no circumstances will Bafu Inc or its affiliates, contractors, employees, or agents (collectively, the “Bafu Inc Parties”) be liable to you or any third party, whether in contract, warranty, tort (including negligence), or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages you may incur in connection with your access to or use of the Sites or the Services, including loss of profit, revenue, or business, even if the Bafu Inc Parties have been advised of the possibility of such damages.
Bafu Inc, its affiliates, contractors, and agents will not be liable to you as an agent in obtaining copies of your personal credit report, credit alert report, quarterly update, or credit score. They assume no liability for damages, direct or indirect, consequential, or incidental, in connection with the performance of the credit monitoring services, the use or disclosure of any of your personally identifiable information in connection with the credit monitoring services, or your request, use, or attempted use of the credit monitoring services. They are not responsible for negative factual information contained in any reports you receive as part of the credit monitoring services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations in this section may not apply to you. In those states, liability is limited to the extent permitted by law.
You acknowledge that you have read and understand this section (the “Arbitration Provision”) and the following section and that these provisions require you and Bafu Inc to arbitrate claims on an individual basis. You have the right to reject this arbitration provision as outlined in section 11.d below (Arbitration Opt-Out; Waivers). In this Arbitration Provision, “Claim” includes any present, past, or future claim or dispute between you and Bafu Inc or Bafu’s service providers related to or arising out of this Agreement or activities resulting from it, including the validity or enforceability of any part of this Arbitration Provision or Agreement.
Before initiating any arbitration proceedings, if a Claim arises, both you and Bafu Inc agree to attempt to resolve the Claim informally. You will notify Bafu Inc of your Claim by live chatting with the Bafu Inc team through the Bafu App. Bafu Inc or its service providers will then make reasonable efforts to contact you to resolve the Claim. If the Claim remains unresolved after 30 days from when it was first raised, you, Bafu Inc, or its service providers may initiate arbitration proceedings as described in this Arbitration Provision.
You and Bafu Inc agree that if a Claim remains unresolved after 30 days, the exclusive process for resolution will be final and binding individual arbitration pursuant to this Arbitration Provision, unless you opt out of arbitration as described in Section 11.d below (Arbitration Opt-Out; Waivers) or the Claim falls under an explicit exception included in this Arbitration Provision. Both parties agree that the scope of this Arbitration Provision will be interpreted broadly.
Both you and Bafu Inc retain the right to:
Unless required otherwise by law, and for any Claims not subject to arbitration, the exclusive jurisdiction and venue for any Claims will be state and federal courts located in Santa Clara County, California, and you, Bafu Inc, and its service providers consent to the personal and exclusive jurisdiction of, and venue in, such courts.
You may opt out of this Arbitration Provision by sending an arbitration opt-out notice to legal-notices@mybafu.com or by regular mail to Bafu Inc, Attn: Legal Department, 1501 Biscayne Blvd, Suite 501, Miami, FL 33132. To be effective, you must send your arbitration opt-out notice within 30 days after accepting the terms of this Agreement or within 30 days after receiving notice of any update to this Arbitration Provision. This Arbitration Provision will remain in effect unless and until Bafu Inc receives the Arbitration Opt-Out Notice within the applicable 30-day period. The opt-out notice must clearly state that you reject arbitration and include your name, address, and signature. Unless you provide an Arbitration Opt-Out Notice within the applicable 30-day period, you are knowingly and voluntarily waiving your right to litigate claims in court. Additionally, you, Bafu Inc, and its service providers agree to waive the right to a jury trial.
To the maximum extent permitted by law, you agree not to bring a Claim against Bafu Inc or its service providers as part of a class arbitration. You are not entitled to consolidate, join, or coordinate Claims by other individuals or entities, or arbitrate or litigate any Claim in a representative capacity.
This Arbitration Provision will be subject to the Federal Arbitration Act. Arbitration proceedings will be conducted under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes available at adr.org/active-rules, except as modified by this Arbitration Provision. The initiating party must provide the other party(ies) with a written “Demand for Arbitration” as described in the AAA Rules. The AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration hearings will be held in your county of residence unless the parties agree otherwise. The arbitrator will determine the extent of information exchange, and the arbitration proceeding and award will be confidential.
The arbitrator will issue an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having jurisdiction over the proceeding. Any damages awarded by the arbitrator must be consistent with the terms of the “Limitation of Liability” section above, unless required otherwise by applicable law.
For Claims up to $10,000, Bafu Inc will reimburse arbitration filing costs and administrative fees (excluding hearing fees). For Claims exceeding $10,000, arbitration filing costs and administrative fees will be paid as per the AAA Rules. Each party will pay its own attorneys’ fees, unless required otherwise by law.
Unless required otherwise by applicable law, this Agreement will be governed by the laws of the State of Delaware, without regard to its conflicts of law rules. If any portion of this Agreement is found to be invalid or unenforceable, except for Section 11.e, the remaining portions will remain valid and enforceable. If any part of Section 11.e is found to be invalid or unenforceable, the entire Arbitration Provision will be void, and any remaining Claim must be litigated in court as described in Section 11.c.
Failure to exercise any legal right or remedy by you or Bafu Inc will not constitute a waiver of such rights or remedies. You may not assign or transfer your rights or obligations under this Agreement without Bafu’s prior written consent.
All provisions made in this Agreement, including the decision to arbitrate Claims, will survive the termination of this Agreement.
This Agreement constitutes the entire understanding and agreement between you and Bafu Inc regarding the use of the Sites and the Services, superseding all prior agreements.
Bafu Inc is not currently licensed by the Department of Financial Protection & Innovation. Any future licensing or modifications to advance pay product agreements by the Department may not affect your obligations under this Agreement. You are welcome to share any comments or concerns about Bafu Inc or its products and practices with the Department of Financial Protection & Innovation.
If you believe that content posted by a Bafu Inc user infringes upon your copyrights, you may notify Bafu Inc pursuant to the Digital Millennium Copyright Act (DMCA). Your DMCA notice must be in writing and sent to Bafu Inc, Attn: Legal Department, 1501 Biscayne Blvd, Suite 501, Miami, FL 33132, or to legal-notices@mybafu.com, and include the following information:
Failure to meet all requirements may invalidate your DMCA notice. You may send a counter-notice if your content was removed or disabled, asserting your right to use the material.
Bafu Inc may reinstate the content if a counter-notice is received unless the complaining party seeks a court order. Bafu’s policy is to terminate the profiles of repeat infringers.
For questions regarding this Agreement or Bafu’s practices, you can live chat with the Bafu Inc team through the Bafu App, or contact using the following methods:
Mail: Bafu, Inc.
Attn: Customer Care
1501 Biscayne Blvd Suite 501
Miami, FL 33132
Email: care@mybafu.com
Complaints: complaints@mybafu.com
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