These Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Buvei (“Buvei,” “we,” “our” or “us”) and govern your use of Buvei’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Limitations of Liability and Damages) and require individual arbitration for any potential legal dispute (see Binding Individual Arbitration). You also agree to any additional terms specific to Services you use (“Additional Terms”), which become part of your agreement with us.
1. Products, Registration, and Verification
  • The Buvei.com Services include tools to safely and easily shop while protecting your Buvei from merchants and other companies that collect cardholder or other financial data. We provide access to these tools via our web-based portal and mobile phone applications.
    We are not a bank and do not offer banking services as defined by the United States Department of Treasury. Banking services are provided by our applicable bank partner(s)
  • You must open an account with us (a “Buvei Account” or “Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your Buvei Account, including for any actions taken by persons to whom you have granted any access to the Buvei Account (including, but not limited to, any Buvei cards). We reserve the right to suspend or terminate the Buvei Account of any user who provides inaccurate or incomplete information, or who fails to comply with account registration requirements.
    Buvei may request additional information from you at any time. For example, Buvei may ask you to present government issued identification such as a passport or driver’s license, a business license, or other information. If you refuse any of these requests, your Buvei Account may be suspended or terminated.
    Depending on the Buvei product or service you wish to use, to help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify and record information that identifies each person who requests to use Services. What this means for you: When you open a Buvei Account, we will ask for your name, address, date of birth and other information that will allow us to identify you.
    We may make inquiries that we consider appropriate and use third party services to help us verify your identity and determine if we should open, maintain, collect or close your account. We may also report the status, history and/or closure of your account to third-party services.
2. Use Restrictions
  • You may not use the Services for the following businesses or activities in the following industries: (1) paraphernalia that may be used for illegal activity (2) unauthorized multi-level marketing businesses, (3) rebate based businesses, (4) betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (5) manual or automated cash disbursements, (6) prepaid cards or checks, (7) sales of money-orders or foreign currency, (8) wire transfer money orders, (9) high-risk products and services, including telemarketing sales, or (10) any industry that exposes you, other Buvei users, our partners, or Buvei to possible harm.
  • For security and fraud protection and depending on the Buvei product or service, we may set an initial limit on the dollar amount you can authorize in a transaction and the total dollar amount you can authorize over a given period of time. You can find your spending limits in the Buvei web and/or mobile app. The limits are subject to increase or decrease at our sole discretion.
3. Privacy and Security
  • By using any of our Services, you agree to Buvei’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us. Depending on your use of Buvei, additional bank partner policies will apply and be agreed to when signing up for the applicable product. Copies of such policies can be obtained by contacting info@buvei.com

  • We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

    You are responsible for safeguarding your password and for restricting access to the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Buvei Account or any other breach of security. Notwithstanding the Disputes and Binding Individual Arbitration sections of these General Terms, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Buvei Account subject to dispute) will be final and binding on all parties.

4. Communications

You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls, and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone systems which will deliver messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. You agree that all communications provided to you by Buvei electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.

5. Termination

We may terminate these General Terms or any Additional Terms, or suspend or terminate your Buvei Account or your access to any Service, at any time for any reason. You may also terminate the General Terms and Additional Terms applicable to your Buvei Account by deactivating your Buvei Account by contacting us at info@buvei.com.

Any termination of these General Terms does not relieve you of obligations, including to pay fees or costs accrued prior to the termination, with respect to any chargebacks, and to pay any other amounts owed to us as provided in these General Terms or any applicable Additional Terms. In the event your Buvei account has a negative balance, Buvei reserves the right to withhold refunds or credits, or debit your funding source to settle the negative balance.

If these General Terms or your Buvei Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: (Content You Provide), (Termination), (Ownership), (Indemnity), (Representations and Warranties), (No Warranties), (Limitation of Liability), (Disputes), (Arbitration), (Miscellaneous - Governing Law), (Miscellaneous - Assignment), (Miscellaneous - Third Party Service and Links to Other Web Sites), and (Other Provisions).

6. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

7. Ownership

We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may provide comments or ideas about the Services (“Ideas”). By providing any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

8. Ownership

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms (for yourself or as a representative of the business using the account that has sufficient authority to agree to these General Terms on behalf of the business); (c) any information you provide in connection with the Services, accurately and truthfully represents your identity; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these General Terms and applicable Additional Terms.

Additionally, with each transaction you process through the Services, you represent, warrant and covenant to us that: (a) the transaction represents a bona fide sale; (b) the transaction accurately describes the goods and/or services obtained from the merchant; (c) you will fulfill all of your obligations to the merchant and will resolve any dispute or complaint directly with the merchant; (d) you and the transaction comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own merchant.

9. No Warranties

Buvei does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Buvei does not have control of, or liability for, goods or services that are paid for using the Services.

Any third-party software, hardware and other products or services included, sold or purchased through or in connection with the Services are provided solely according to the warranty and other terms specified by the manufacturer, merchant or provider, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the third-party product provider directly. Buvei MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Buvei shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUVEI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, BUVEI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL BUVEI BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BUVEI ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF BUVEI IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $5.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BUVEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Miscellaneous

  • Transaction Errors and Disputes

    Depending on the Buvei product or service used, there may be notification, timing, and other requirements if you believe there has been an error or wish to dispute a transaction. Refer to your applicable Additional Terms for the specific requirements that may apply.

  • Assignment

    These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

  • Abusive or Excessive Activity

    If we believe you might incur, or you are incurring, an excessive number of false, misleading, or abusive transactions or other disputes or errors , we may establish additional conditions governing your Buvei Account, including terminating or suspending the Services.

  • Third Party Services and Links to Other Web Sites

    You may be offered services, products and promotions provided by third parties and not by Buvei (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Buvei. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

  • Other Provisions

    These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Buvei regarding the Services. In the event of a conflict between these General Terms and any other Buvei agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

  • Revisions, Disclosures and Notices

    We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting (or communication, as applicable) of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the General Terms, Additional Terms or Policies in place when the Dispute arose.

    You are responsible for providing Buvei with your most current email address. In the event that the last email address you provided to Buvei is not valid, or for any reason is not capable of delivering you notices required/permitted under these Terms, Buvei’s dispatch of the email containing such notice will constitute effective notice. You may give notice to Buvei at the following address:

Last updated: September 8, 2024