These Terms of Service govern your use of banyan.fi and any content or features we make available through it (the “Site”). By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
These Terms cover the Site only. If you become a customer of a regulated Banyan service, that service is governed by a separate customer agreement and partner bank disclosures delivered at onboarding, which control over these Terms with respect to that service.
About Banyan
Banyan Tech LLC (“Banyan,” “we,” or “us”) is a Delaware company building a U.S. and India cross-border payments service. We work with a U.S. partner bank that holds customer deposits and issues debit cards under the Banyan brand, and with an Authorized Dealer Category I bank in India that delivers funds to Indian beneficiaries under a Rupee Drawing Arrangement. Banyan does not hold a bank charter, and customer funds are not held in Banyan’s name or on Banyan’s balance sheet.
Who can use the Site
You must be at least 18 and able to enter into a binding contract. You may not use the Site if you are subject to U.S., U.N., or Indian sanctions, or if you are located in a country or region subject to comprehensive sanctions. The Site is intended only for users in the United States and India.
What the Site is and isn’t
The Site is informational. Nothing on it is a binding offer of payment services, money transmission, deposit accounts, debit cards, or any other regulated product. We provide regulated services only through a separate written customer agreement. Information on the Site is not financial, legal, tax, or compliance advice.
Acceptable use
When you use the Site, you agree not to:
- use the Site for any unlawful purpose under U.S. or Indian law;
- submit false or misleading information through the Site;
- upload viruses or other harmful code, or scan, probe, or test the Site’s security;
- scrape the Site or use bots or other automated means in a way that exceeds reasonable use;
- reverse engineer the Site, except as mandatory law allows; or
- impersonate anyone or misrepresent your affiliation.
Our content
The Site, including its text, graphics, logos, and software, is owned by Banyan or its licensors. We grant you a limited, nonexclusive license to view the Site for personal or internal business use. The Banyan name and logo are our trademarks. If you send us feedback or suggestions, we are free to use them without obligation to you.
Privacy
Our handling of personal information is described in our Privacy Policy. By using the Site, you acknowledge it.
Disclaimers and liability
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR ACCURATE.
To the extent permitted by law, neither Banyan nor its affiliates will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or business arising out of your use of the Site. Our total liability for the Site is limited to one hundred U.S. dollars (US$100). This limit does not apply to any rights you have under the Indian Consumer Protection Act, 2019, or to liability that cannot be limited under applicable law (including for fraud, willful misconduct, or gross negligence).
You agree to indemnify Banyan and its affiliates against claims arising from your use of the Site, your breach of these Terms, or your violation of law.
Suspension and termination
We may suspend or end your access to the Site at any time, including to comply with law. Sections that by their nature should survive termination will survive.
Governing law and disputes
These Terms are governed by Delaware law, without regard to conflict of laws principles, and disputes about these Terms or the Site will be resolved in the state or federal courts in Delaware. Indian consumers retain all rights under the Consumer Protection Act, 2019, and may bring claims in the appropriate Indian forum.
Changes and other terms
We may update these Terms. Material changes will be communicated through the Site or by other reasonable means; continued use after a change means you accept the change. If any provision is unenforceable, the rest of the Terms still apply. You may not assign these Terms; we may. These Terms are the entire agreement between you and Banyan about the Site.
Contact us
Banyan Tech LLC
1150 Chrysler Dr, Menlo Park, California 94025, United States
Legal: legal@banyan.fi