Last Updated: 2/2/26
These Terms of Service (the “Terms”) are a legal agreement between (1) you—meaning any person or entity that accesses or uses our Website or Services, including (a) visitors to our Website, (b) businesses evaluating, integrating, or using the Services (“Program Partners”), and (c) where applicable, end users of a Program Partner’s branded financial experience (“End Users”)—and (2) FinOpti Treasury, LLC (“FinOpti,” “we,” “us,” or “our”).
These Terms govern your access to and use of: (i) our website at finopti.co (the “Website”), (ii) our software platform and related technology (the “Platform”), (iii) APIs, documentation, developer tools, and sandbox or test environments (collectively, the “Developer Tools”), and (iv) any other products or services we make available through the Website or Platform (collectively, the “Services”).
By accessing or using the Website or Services, you acknowledge that you have read, understand, and agree to these Terms. If you do not agree, do not use the Website or Services.
Important: These Terms include provisions that limit FinOpti’s liability and may include dispute resolution and arbitration provisions.
FinOpti is a technology company. FinOpti is not a bank. Banking and financial products (such as deposit accounts, payment cards, funds transfers, and related services) are provided by one or more regulated financial institutions (each, a “Bank Partner”) and/or other licensed providers, as applicable.
FinOpti does not provide legal, tax, or accounting advice. Program Partners and End Users are responsible for obtaining professional advice as needed.
We may update these Terms from time to time. We will post the updated Terms on the Website and update the “Last Updated” date. Your continued use of the Website or Services after changes become effective constitutes acceptance of the updated Terms.
By using the Services, you consent to receiving communications electronically (including notices, disclosures, and other information) via the Website, Platform, email, SMS, in-product messages, or other reasonable methods. You agree that electronic communications satisfy any legal “in writing” requirement.
You are responsible for maintaining accurate contact information and for having the hardware/software needed to access electronic communications (including PDF viewing capability). If you withdraw consent where electronic delivery is required for the Services, we may suspend or terminate your access to the Services as permitted by law and applicable agreements.
Our collection and use of personal information is described in our Privacy Policy at [Privacy Policy URL], which is incorporated into these Terms by reference. If you are a Program Partner, you agree you will provide required privacy notices to End Users and obtain all necessary consents for data you provide to FinOpti.
You may need a FinOpti account to access certain Services. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
If you are using the Services on behalf of an entity, you represent you have authority to bind that entity to these Terms.
Subject to these Terms and any separate written agreement between FinOpti and a Program Partner, FinOpti grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes (or, for End Users, solely for personal/business use as permitted through a Program Partner experience).
All rights not expressly granted are reserved by FinOpti.
The Website, Platform, Developer Tools, and all related content and materials (including text, graphics, logos, documentation, software, and interfaces) are owned by FinOpti or its licensors and are protected by intellectual property laws.
If you provide suggestions or feedback, you grant FinOpti a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or compensation.
You will not (and will not permit any user to):
FinOpti may suspend or terminate access for suspected violations or risk to FinOpti, Bank Partners, other customers, or End Users.
If FinOpti provides a sandbox or testing environment (“Sandbox”), you may use it only for evaluation, development, and testing, and not for production use.
Unless explicitly permitted, you must not input real personal information into the Sandbox. FinOpti may modify, limit, or discontinue the Sandbox at any time, and may delete Sandbox data.
If you are a Program Partner, your services may be subject to separate agreements with the Bank Partner or us.
The Services may rely on or integrate with third-party services (including Bank Partners and other providers). FinOpti is not responsible for third-party products or services and does not control their terms.
We may suspend or terminate your access to the Services at any time where reasonably necessary to protect the Services, FinOpti, Bank Partners, customers, End Users, or to comply with law. Upon termination, your rights to access the Services will cease.
Sections that by their nature should survive will survive termination (including intellectual property, disclaimers, limitation of liability, indemnity, and dispute provisions).
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINOPTI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FINOPTI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINOPTI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THE WEBSITE OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FINOPTI’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED [THE GREATER OF $1,000 OR FEES PAID TO FINOPTI IN THE PRIOR 12 MONTHS] (OR SUCH OTHER AMOUNT AS SET FORTH IN A SEPARATE WRITTEN AGREEMENT WITH FINOPTI).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You agree to indemnify and hold harmless FinOpti and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of law or third-party rights, or (d) for Program Partners, your program, marketing, End User relationships, or instructions to FinOpti or Bank Partners.
PLEASE READ THIS SECTION CAREFULLY.
Except for claims seeking injunctive or equitable relief for misuse or infringement of intellectual property, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration, rather than in court.
The arbitration shall be conducted on an individual basis and administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. This arbitration agreement is governed by the Federal Arbitration Act. The arbitrator may award any relief permitted by applicable law, subject to the limitations set forth in these Terms.
Class actions, collective actions, private attorney general actions, and other representative proceedings are not permitted.
You may opt out of this arbitration provision by providing written notice to support@finopti.co within 60 days of first accepting these Terms.
If this arbitration provision is found unenforceable or you opt out, any dispute shall be brought exclusively in the state or federal courts located in the State of Delaware, and the parties consent to personal jurisdiction and venue in such courts.
These Terms are governed by the laws of Delaware, excluding conflict-of-law rules, except that arbitration (if included) will be governed by the Federal Arbitration Act.
If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
You may not assign these Terms without FinOpti’s prior written consent. FinOpti may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
FinOpti Treasury, LLC
Email: support@finopti.co
Address: 1515 Mockingbird Ln, Suite700, N.C. 28029