Terms and Conditions / Privacy Policy

General

This Agreement (as may be amended from time to time) explains the terms and conditions which apply to you when you sign up and to use the Tilgent Capital Trust (TilgentTrust) application. By accessing the TilgentTrust application, registering an Account, using any Service or taking action to indicate your acceptance of these terms, you: (1) agree to be bound by this Agreement and any future changes to this Agreement which will be reflected on the website for the Provider or in the TilgentTrust application; (2) represent that you are at least 18 years old; and (3) represent that you have the authority to enter into this Agreement (whether or not on your own behalf or on behalf of any other individual or person). You should not use the TilgentTrust application or the Service if you do not agree to be bound by the terms of this Agreement.

This Agreement takes effect immediately upon your signing up for the TilgentTrust application.

1. Defintions

Account means your TilgentTrust Mobile Wallet Account as the context requires.

TilgentTrust Bank Account means the virtual transactional account which is an electronic stored value account created for use in transactions involving any TilgentTrust Bank or Financial institution Partner , which is primarily accessed via a mobile phone.

TilgentTrust Account means the virtual transactional account which is an electronic stored value account created for use by registered users of the TilgentTrust application involving traditional legal tender, which is primarily accessed via a mobile phone.

TilgentTrust application means the mobile wallet service offered by the Provider which facilitates the supply and use of the Service.

TilgentTrust application user means the user of the TilgentTrust application and the Service.

Provider means Tilgent Capital Trust or any other company or companies that provide the Service.

Service means the financial services using mobile technology and includes money transfers to or from Third Parties, bill payments, credit and debit to and from bank accounts, other mobile wallets and between your TilgentTrust Account and your TilgentTrust Bank Account, storing virtual representations of your TilgentTrust Bank Account on your supported wireless mobile device to make contactless payments at select merchants utilizing the merchant’s contactless terminal orin-app or other digital commerce payments at participating merchants and means any and all services and features provided by the Provider from time to time accessed by or facilitated through the TilgentTrust application.

Sign up information means the information about the TilgentTrust application user that you enter when signing up on the TilgentTrust application.

ThirdParty means any party who accesses or has the benefit of the Service, including registered users, merchants and bill payees.

you, yours, we refer to the person who has signed up for the TilgentTrust application and will be bound by the provisions of this Agreement.

2. Signing Up To TilgentTrust

When you sign up for the TilgentTrust application, you agree to provide only true, accurate, current and complete Sign up information and to update the information after any change. You also agree to the sign-up conditions set out in Schedule 1.

3. Using TilgentTrust

Each TilgentTrust application user, upon completion of registration and in continuing to use the TilgentTrust application, agrees to be registered for one TilgentTrust account and optionally one TilgentTrust Bank Account. You can, at any time, ask to have the TilgentTrust Bank Account removed by contacting Customer Care.

While the Provider will make every reasonable attempt to provide the Service in accordance with its marketing and educational materials, you acknowledge that the Service is being made available to you “as is” and without any warranties.

No Service performed on your Account can be cancelled or reversed.

You should not perform any Service which would result in your exceeding the per transaction or daily limits set by TilgentTrust Bank from time to time. TilgentTrust Bank reserves the right not to process any transactions which would result in your exceeding any applicable limits. TilgentTrust Bank may vary the limits from time to time without notice to you.

The Provider has the right at any time for any reason to remove any username that you may create in the TilgentTrust application. You acknowledge and agree that you have no rights to the Account other than a non exclusive license to use the TilgentTrust application for purposes related to the Service, and acknowledge that the license ends when this Agreement terminates.

The provisions of this Agreement shall not affect the provisions of any agreement between the TilgentTrust application user and any third party which governs the use of any Bank Accounts linked to the Account. Your use of the TilgentTrust application and the Service is also governed by any terms of use that apply to applications that are downloaded from the Apple Store or Google Play.

4. Upgrades

From time to time, the Provider may need to change or upgrade the TilgentTrust application, which may have the effect of changing the system requirements for TilgentTrust users. By accepting the terms of this Agreement, you agree to the automatic updating but acknowledge that you are not entitled to receive future updates, new versions or enhancements to the Service.

5. Ownership

All title, ownership and intellectual property rights in the TilgentTrust application, including the content, belong to the Provider and/or its licensors.

6. No Illegal Use

You agree not to use the TilgentTrust Application and your Account for illegal or fraudulent purposes, or any other purposes which are not permitted under this license to use the TilgentTrust application.

You consent to the Provider carrying out identity and fraud prevention checks and sharing information relating to this application with any fraud prevention, law enforcement or security agency.

7. Data Privacy and Information Sharing

Privacy issues, including the security and confidentiality of personal information disclosed on or through the TilgentTrust application, are taken very seriously by the Provider and will be kept confidential subject to any requirement under law to disclose the information or where required for the purpose of maintaining your Account or execute promotional activities. You further acknowledge and agree that your information may be shared with other companies in the Tilgent Capital Trust Group, including for marketing purposes.

8. Security

You agree to monitor your Account and you will be held responsible for all transactions that take place on your Account.

You are responsible for keeping your mobile device, your PIN and the application credentials private and secure from unauthorized use. If you share your credentials with any other person, they may be able to use your mobile device and get access to your TilgentTrust account. The Provider is not responsible for the use of your PIN, password or any security mechanism which has been implemented by the Provider and, unless it results from the Provider’s negligence or fault, the Provider will not be responsible for any transaction which is performed using your username and/or pin, password or other security mechanism. You should contact the Provider immediately via +1 (727) 330-2008 or the channels listed on our website https://www.tilgentcapital.com if you believe your wireless mobile device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without your authorization.

9. Electronic Communication

You consent to receiving communication from the Provider in an electronic form and agree that all terms and conditions, notices, disclosures and other communications that the Provider sends to you electronically will have the same legal effect as if they were sent in writing.

Notices to you shall be sent to you via SMS, In-App Push Notification and or email

10. Liability

You understand and agree that your use of the TilgentTrust application and the Service is at your own risk and they are provided on a “as is” and “as available” basis with all faults. To the fullest extent permitted by law, the Provider disclaims all warranties, representations and conditions of any kind, whether express or implied. The Provider makes no warranty that your use of the TilgentTrust application will be uninterrupted, timely, secure or error free.

In no event shall the Provider be liable for any loss of profits or revenue, or any indirect, incidental, exemplary, special or consequential damages or loss that you may suffer from using the TilgentTrust application. In addition, the Provider is not responsible for any loss that you may suffer as a result of any failure, malfunction, or delay in any third party equipment, mobile phone network, mobile phones, the internet or terminals or any of its supporting or shared networks or any errors you make in performing a transaction while using the Service.

11. General

You acknowledge and agree that this Agreement will be regarded as having been entered into in the United States Of America and any breach of this Agreement will be considered as having taken place in the United States Of America

The Provider may assign its rights under this Agreement to any person without your consent.

This Agreement is governed by the laws of the United States Of America and is subject to the exclusive jurisdiction of the courts of the United States Of America.

12. Account Closure

The Provider shall have the right to close your Account for any reason at any time including for the purpose of or to facilitate complying with any applicable law or regulation.

13. Questions

If you have any questions, disputes, or complaints about the use of the TilgentTrust application or your Account, please visit the Provider’s or TilgentTrust Bank's website or contact Customer Care.

Schedule

Sign-Up Conditions

In order to sign up to use the Services, you must: