Buildertrend Financial Services Terms and Conditions

Last updated: January 4, 2024

These Buildertrend Financial Services Terms and Conditions (the “Terms”) set forth requirements for participation in, as well as the terms and conditions for, Buildertrend’s payment processing services (“Payments Processing Service”), Buildertrend wallet services (“BT Wallet”), the deposit account opened in connection with BT Wallet, the debit cards issued in connection with the BT Wallet (“Cards”), and other related financial service offerings that may be updated from time to time (collectively, the “Services”).

If you are entering into these Terms on behalf of your organization, “you”, “your”, and “Customer” as used herein will refer to such organization, and you represent that you have the power and authority to bind the Customer to these Terms.

These Terms are a binding contract between you and Buildertrend Solutions, Inc., its affiliates, and its subsidiaries (“Buildertrend”, “we”, “our”, and “us”) and supplement, and are hereby incorporated into, the Buildertrend Terms and Conditions (together with any applicable Order Form issued thereunder, the “Agreement”) executed by the Customer named in the Order Form, the Payments Processing account, or the BT Wallet account. These terms also supplement Buildertrend’s Consent to Receive Electronic Disclosures (the “E-sign Disclosure”) and Buildertrend’s Privacy Policy (the “Privacy Policy”) executed by you in connection with your use of the Services and programs provided to you by Buildertrend’s software as service platforms. In addition to these Terms and the Agreement, Customer’s use of the BT Wallet is governed by the Buildertrend Business Account and Mastercard Terms (the “Deposit and Cardholder Agreement” which is between Customer, Buildertrend, and Piermont Bank.

Capitalized terms not otherwise defined in these Terms shall have the meaning given to such terms in the Agreement. In the event of a conflict between these Terms and the Agreement, the applicable Terms shall control.

By accessing or using the Services, you explicitly acknowledge that Buildertrend has the authority to transition you to a new service provider to enhance the quality of the Services available to you and/or to address unforeseen challenges with existing service providers. A transition will only occur upon your explicit consent. A transition may be prompted by factors including, but not limited to, adjustments in our business operations, new or additional partners, technological enhancements, or regulatory mandates. In conjunction with any such transition, Buildertrend is permitted to share information we have collected from you that is reasonably required to facilitate a seamless transition to a new service provider.

In addition, you hereby authorize Buildertrend to initiate electronic debits and credits to and from all externally linked bank accounts with the Buildertrend Solutions, Payments Processing Service, and BT Wallet.

We reserve the right, in our sole discretion, to modify, discontinue, or terminate your use of the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our website or otherwise provide you with notice of the modification. We will also update the Last Updated date at the top of these Terms. By continuing to access or use the Service after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to immediately cease using the Service.

PLEASE NOTE THAT YOUR USE AND ACCESS TO THE SERVICES IS SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICE. THE SERVICE IS INTENDED FOR COMMERCIAL USE ONLY AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.

1. Payments Processing Services

1(a). Eligibility and Use of Payments Processing Service.

In order to receive the Payments Processing Service, you are required to: (i) provide us with certain information for us to provide the Payments Processing Service, which you acknowledge we may provide through our service providers, including Adyen N.V., its affiliates, and its subsidiaries (“Adyen”), and (ii) agree to the Adyen for Platforms Terms & Conditions and the Adyen Prohibited and Restricted Products and Services list.

By accessing or using the Payments Processing Service, you represent and warrant that: (i) you are of legal age to form a binding contract; (ii) all onboarding information you submit is accurate, current, and complete; (iii) you will maintain the accuracy and completeness of such information; and (iv) you (a) are not located in a country subject to U.S. Government sanctions, embargos, or are a person, group, or entity that has been designated by the U.S. Government as a Specially Designated National (SDN) or “terrorist supporting” country; (b) are not listed on any U.S. Government list of prohibited or restricted parties; and (c) will not attempt to use the Service directly or indirectly to send money to a sanctioned country, person, group, or entity.  You take full responsibility for the selection and use of and access to the Payments Processing Service.

1(b). The Payments Processing Service.

The Payments Processing Service is intended to provide you with the ability to process payment transactions for certain payment cards and EFT transactions for products and services sold by you to your customers (each a “Payor”) and only for the type of products and services you described in your application (the “Purpose”).  “EFT” means electronic funds transfer networks that originate and deposit funds between participating banks. Customer acknowledges and agrees that Adyen shall provide certain payment processing and money transmission services in connection with the Payments Processing Service.

You shall only use the Payments Processing Service for your own benefit and solely for the Purpose.  Use of the Service in any manner other than the Purpose is strictly prohibited and shall be a material violation of these Terms.

You acknowledge that we and Adyen may have certain legal obligations in connection with the Service, including the obligation to file suspicious activity reports (SARs) to the extent required with respect to certain transactions or activities by you and/or Payors.

1(c). Settlement Account.

To use the Payments Processing Service, you must provide us with access to a depository account which is linked to or otherwise associated with the Payments Processing Service (“Settlement Account”).  You agree that we have permission to provision any of your other accounts within the Buildertrend Solution, including but not limited to your BT Wallet account, to act as your Settlement Account, but that we are not obligated to do so. Any Settlement Account that you provide for use with the Payments Processing Service must be an account that is used solely for business or commercial purposes and is not used for any personal, family, or household purposes. By providing an account as a Settlement Account, you are representing to us that the Settlement Account is solely used for business or commercial purposes. You further represent that you may authorize transactions from such Settlement Account without the consent or approval of any other person or entity. Your access to and use of the Payments Processing Service is conditioned on compliance with this provision, and you agree that we will not have any liability for any reason if you are not in compliance with this provision. The Payments Processing Service is solely for business or commercial payments.

You represent and warrant that your Settlement Account is a deposit account enabled for ACH credits and debits, to make payments in accordance with the Payments Processing Service.  You agree to reimburse us for all penalties and fees incurred by us if your Settlement Account is not properly configured.

You agree at all times to maintain sufficient funds in your Settlement Account to satisfy all obligations to us in connection with your Settlement Account or your use of the Payments Processing Service.

You further agree to execute any authorizations, including payment or ACH authorizations, that may be required in connection with Payments Processing Service.

1(d). Resubmissions.

If a debit from, or charge to, your Settlement Account is rejected or returned for any reason, you understand and agree that you continue to be responsible for funding the payment amount and agree to pay the amount of the returned debit or charge directly to us within two (2) business days.  You agree that we may resubmit a returned or rejected debit or charge in our sole discretion. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding debit.

1(e). Chargebacks.

To use the Payments Processing Service, you acknowledge and agree to reacquire and pay us the amount of any transaction for your products and services, and we shall have the right at any time to charge your Settlement Account therefore with notice via the process as described in the Buildertrend Terms and Conditions, for any return, chargeback, compliance case, any other action, or if the products sold or services performed were in violation of law or the rules or regulations of any governmental agency, federal, state, local or otherwise; or if you have not received payment for any transaction for your products and services. 

Without limiting the generality of the foregoing, you agree that any operational and/or other services performed on your behalf, including but not limited to, the production of facsimile drafts in response to copy requests, response to compliance cases, augmentation of your data for interchange, transaction stand-in, digital draft storage and retrieval, etc. shall in no way affect your obligations and liability in these Terms, including those set forth in the foregoing sentence. 

You may instruct us in the defense of chargebacks, compliance cases and similar actions, and you agree that you will promptly provide any such instructions to us.  When we determine that we have all necessary information and instructions, you authorize us to resolve chargebacks and respond to retrieval requests and other inquiries without further consulting you.

For any transaction that results in a chargeback, the chargeback amount may be withheld in a reserve. We may deduct the amount of any chargeback and any associated fees, fines, or penalties assessed by the card brand or bank from your bank account (including, without limitation, any reserve), any proceeds due to you, or other payment instrument registered with us. If you have pending chargebacks, payouts may be delayed to your bank account. Further, if we reasonably believe that a chargeback is likely with respect to any transaction, the amount of the potential chargeback may be withheld from payments otherwise due to you under the Payments Terms until such time that: (a) a chargeback is assessed due to a Payor’s complaint, in which case we will retain the funds; (b) the period of time under applicable law by which the Payor may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you will pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including, without limitation, attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all account deficit balances unpaid by you.

1(f). Reserve Requirement.

To use the Payments Processing Service, you acknowledge and agree that we, in our sole discretion, reserve the right to establish from amounts payable to you hereunder, and/or to cause you to pay to us, a reserve of funds satisfactory to us to cover actual or anticipated fees, liabilities, chargebacks, returns and any other applicable assessments incurred or expected to be incurred by you in connection with the use of the Payments Processing Service.  In the event you fail to establish, for any reason whatsoever, a reserve as required above, we will have all of the rights and remedies available to us in the Buildertrend Terms and Conditions.

You will not sell, assign, transfer or encumber all or any part of your interest in the reserve account, if any, or any present or future rights under these Terms, including but not limited to, your right to receive any payments or funds.  We will not be obligated to honor any such purported attempt to sell, assign, transfer or encumber such interest, rights, payments or funds unless we consent in writing.  In the event you breach this provision, then, in addition to any other rights and remedies we may have under these Terms, the Buildertrend Terms and Conditions, and otherwise, we will have the right, in our sole discretion, to withhold any or all funds or payments which would otherwise be payable to you under these Terms until we have received instructions concerning the disposition of such payments or funds, satisfactory in form and substance to us and signed by both you and any purported assignee.  You will indemnify us and hold us harmless from and against any and all claims, liabilities and damages which may be asserted against us by any purported assignee or any other person arising out of your purported sale, assignment, transfer or encumbrance of all or any of your present or future rights under these Terms.

1(g). Onboarding; Credit Reports and Reporting.

Buildertrend conducts an onboarding process for all Customers. As part of the onboarding process for the Payments Processing Service, Buildertrend and its third-party financial services and compliance partners will follow all Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) requirements by collecting certain information from you to verify your identity. You must successfully complete the onboarding process and be approved by Buildertrend, its financial services partner, and the third-party KYC partner before utilizing the Payments Processing Service.

You agree that we may investigate your creditworthiness in connection with your application for the Payments Processing Service, in connection with any transaction, and on an ongoing basis.  Accordingly, you authorize us to obtain and/or use information about you from third parties and credit reporting agencies from time to time in connection with the Service, including: (i) to verify your identity and/or conduct investigative inquiries; (ii) to review and manage our relationship with you and the provision of the Service to you; (iii) to verify your current credit standing; and (iv) with respect to any other purpose permitted by applicable law.  

Upon request, we will tell you the name and address of any credit reporting agency that furnished a report on you.  We may report your liability, payment history, and the status of your account to credit reporting agencies and to others who may lawfully receive such information. We may tell a credit reporting agency if you fail to comply with any of these Terms. This may have a negative impact on your credit report. If you believe information we have given to a credit reporting agency is incorrect, write to us at payments@buildertrend.com. When you write to us, tell us the specific information you believe is incorrect.

1(h). Use of Data; Privacy.

You acknowledge and agree that we will obtain from you in connection with your application for, and use of, the Payments Processing Service, certain information, including Customer information and personally identifiable information (“Data”).

You agree that we may access, review, utilize, and share such Data with our affiliates, subsidiaries, advisors, and consultants, to the extent such activities are in compliance with the Privacy Policy, as linked to the Buildertrend Terms and Conditions, and the Adyen Privacy Policy.  In all events, we shall have a perpetual and irrevocable right to retain Data provided by you related to the Payments Processing Service, subject at all times to the confidentiality provisions of the Buildertrend Terms and Conditions and the Privacy Policy. 

The retention and disposal of any Data that Buildertrend may access will be governed by the terms of the Buildertrend Terms and Conditions and the Privacy Policy.

1(i). Fees and Payment.

Customer will be subject to the pricing as set forth in the Pricing Schedule found on the Payments Processing Service.

You acknowledge and agree that a portion of the fees in the Pricing Schedule relates to fees charged by Adyen. You authorize us to withhold and deduct from any proceeds to you the amount of such fees, without any obligation to provide you with prior notice of such withholding and deduction, provided that we will provide you with written notice. 

In addition, you will reimburse us immediately upon demand for (i) any fines, fees, penalties, costs, or losses we incur in providing the Payments Processing Services to you as a result of your failure to comply with these Terms or the Buildertrend Terms and Conditions or misuse of the Payments Processing Service, such as fees or costs imposed by another financial institution, and (ii)  any costs or expenses we incur due to returned payments or other activities other than in the ordinary course of business.

1(j). Responsibility and Instructions.

To the extent allowed by law, you agree to be bound by all instructions or transactions initiated in compliance with these Terms, whether or not authorized.  You agree that you will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of your account with us or you Login Credentials, unless: (a) you have notified us in the manner set forth in these Terms of possible theft, loss, compromise, or unauthorized use; and (b) we have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of your systems. You agree that you will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law. 

Upon your timely report, we may, in our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on your behalf.  However, you acknowledge that we will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.

1(k). Compliance.

You will comply with all laws, regulations, and rules applicable to your receipt and use of the Payments Processing Service, and you will use the Payments Processing Service for only lawful or permitted purposes.  You agree that you will comply with all documentation we provide to you from time to time that sets forth additional requirements for use of the Payments Processing Service.  The Payments Processing Service may not work or may not work correctly if you do not comply with instructions and/or documentation.

1(l). Payment Network and NACHA Rules.

Your use of the Payments Processing Service constitutes your consent and authorization for us to process payment card transactions and to process and originate electronic ACH debits and credits.  You agree that all payment card transactions are subject to these Terms and the rules and requirements of the applicable payment network (“Network Rules”).  You agree that all electronic ACH transactions requested or processed in connection with your Settlement Account or your use of the Service are subject to these Terms and the Operating Rules of the National Automated Clearing House Association (“NACHA Rules”).  In addition, all such transactions may be subject to other applicable laws, rules and regulations, including Uniform Commercial Code Article 4A.  You authorize us to process transactions as provided under these Terms; and you agree to be subject to and comply with these Terms, the Network Rules, NACHA Rules, and all other applicable laws, rules and regulations.

1(m). Prohibited Payments.

You are prohibited from using the Payments Processing Service:

  1. to receive payments that would facilitate illegal conduct or that involve funds derived from illegal conduct;
  2. to receive payments for amounts not associated with a designated Payor;
  3. to breach any agreement to which you are bound;
  4. to engage in any internet or gambling transactions whether or not gambling is legal in any applicable jurisdiction;
  5. to engage in any activity or business that would result in you being or becoming a “money services business” as defined in the Bank Secrecy Act and its implementing regulations;
  6. to engage in any transaction or activity that is not specifically authorized and permitted by these Terms; and
  7. to make payments for any purpose other than a business or commercial purpose.

You agree that you will not use the Payments Processing Service to make payments for any personal, family, or household purpose and will only use the Service for commercial or business purposes. You acknowledge and agree that we have no obligation to monitor your use of the Service for transaction and activity that is impermissible or prohibited under the terms of this Terms; provided, however, that we reserve the right to decline to execute any transaction or activity that we believe violates these Terms.

1(n). Limitations.

We reserve the right to limit or cap or to refuse to complete any payment transaction initiated through the Payments Processing Service, for any reason, in our sole discretion, without incurring any liability to you. We reserve the right to suspend or cancel any payments initiated by a Payor, including if you or your account with us is not in good standing.

1(o). Unauthorized Use.

If you suspect an unauthorized use of your Settlement Account in connection with the Payments Processing Service, you must contact us immediately at 1 (888) 415-7139. An immediate telephone call to us is the best way to reduce any possible losses. You assume all liability for any unauthorized use of the Payments Processing Service and agree that we are not liable for any unauthorized payments made using the Payments Processing Service. You further assume full responsibility for the security and confidentiality of your passwords and any other access method for the Payments Processing Service. However, if you provide sufficient notice of suspected or actual unauthorized payments, we will use commercially reasonable efforts to prevent further unauthorized payments.

1(p). Error Resolution.

In case of errors or questions about any transactions using the Payments Processing Service, you must notify us promptly. Your notice to us must include your name, and why you believe there is an error or why you need more information, and the dollar amount of any suspected error. If we do not receive appropriate notice from you regarding an error within sixty (60) days of such error being reflected in any transaction summary or other information provided to you, then we will have no obligation to address the error even if we otherwise might be so obligated.

1(q). Termination and Suspension.

In addition to our other rights, we reserve the right to suspend or terminate your ability to use the Payments Processing Service, or any feature thereof, for no reason or any reason, including but not limited to, if we suspect it is being misused.  We reserve the right to revoke your access to and use of the Payments Processing Service at any time, with or without cause. In the event we terminate these Terms, you will remain liable for any and all amounts due hereunder. You may cancel the Payments Processing Service by providing us with either thirty (30) days prior written notice or by calling into Buildertrend at 1-888-415-7139 or emailing support@buildertrend.com and request to terminate the Payments Processing Service.

1(r). Indemnification.

In addition to, and not in limitation of, any other indemnification obligations under the Buildertrend Terms and Conditions, you agree to indemnify Buildertrend, its affiliates, agents, officers, directors, and employees from and against any and all claims, losses, and expenses that in any way arise from, out of, or are related to your use of the Payments Processing Service or actions of your employees and representatives, including any claims, fines and costs caused by your non-compliance with applicable law, Network Rules, or the NACHA Rules.  In addition, to the extent that we are liable to any of our service providers in connection with your activities under the Payments Processing Service, or for amounts that you otherwise owe to such service providers, you agree to reimburse us for any such liability that we incur.

1(s). Limitations of Liability.

We assume no responsibility to review, monitor, or audit any information or Data entered into the system by you or on your behalf for use with the Payments Processing Service, or provided to any third party in connection with the Payments Processing Service.

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PAYMENTS PROCESSING SERVICE.

1(t). Cooperation with Disputes.

At our reasonable request, you agree that you will provide us with any documentation or materials in your possession in connection with any dispute related to this Payments Processing Service, including any dispute between us and Adyen related to your use of the Payments Processing Service.   

1(u). Integration and Conflicts with Terms and Conditions.

These Terms and the subject matter herein are subject to and integrated into the Buildertrend Terms and Conditions.  In the event of a conflict between these Terms and the Buildertrend Terms and Conditions, the terms and conditions in these Terms shall control solely with respect to the Payments Processing Service.  Except as expressly modified herein, the Buildertrend Terms and Conditions shall remain in full force and effect.  These Terms and the Buildertrend Terms and Conditions contain the entire understanding between you and us regarding the Payments Processing Service and shall supersede all prior agreements, written or otherwise.

2. Buildertrend Wallet Services

2(a). Banking Services.

Banking services for our wallet product are provided by Piermont Bank, Member FDIC (the “Bank”). Your transactions will be processed through an FBO account at Piermont Bank for the benefit of our customers or users. We will provide you a monthly summary statement that describes your transactions. Your deposit balances held at Piermont Bank are insured by the Federal Deposit Insurance Corporation (“FDIC”) for up to the legal limit (currently $250,000 for each category of legal ownership).

2(b). Card Terms For Users.

All Cards are issued by the Bank. The Agreement, these Terms, and the Deposit and Cardholder Agreement govern Customer’s use of the Cards. Customer and its employees utilizing Cards (“Employee Users”) may only use the Cards if Customer and Employee Users consent to these Terms. Buildertrend reserves the right to change or modify any of the terms and conditions contained in these Terms at any time, by posting the new Terms on https://buildertrend.com/legal/. The most current version of these Terms and related documents will be located on https://buildertrend.com/legal/. Customer’s and Employee User’s continued use of the Cards constitutes acceptance of the updated Terms.

2(c). Onboarding, Roles, and Access Levels.

Buildertrend conducts an onboarding process for all Customers and Employee Users. As part of the onboarding process, Buildertrend and its third party financial services and compliance partners will follow all Anti-Money Laundering (“AML”) and Know Your Customer (“KYC”) requirements by collecting certain information from each Customer and Employee User to verify each Customer’s and Employee User’s identity. Customers and Employee Users must successfully complete the onboarding process and be approved by Buildertrend, it’s financial services partner, and the third party KYC partner before processing payments within BT Wallet. After being approved, Employee Users will have differing access rights based on the role granted to them by Customer and Customer’s Wallet Administrator. The roles and corresponding access rights are as follows:

RoleAccess Rights
Wallet AdministratorCreate and eliminate roles View all transactions and activity Create and eliminate Cards Move, deposit, and withdraw money Freeze and replace Cards
BookkeeperRead-only view of all transactions and activity
CardholderRead-only view of all transactions of assigned Card Freeze and replace assigned Card

2(d). Activating the Cards.

Cards must be activated prior to use, and each Employee User must first have an active profile configured by Customer or Customer’s Wallet Administrator. Customer and Employee Users will receive physical Cards by mail and will activate the Cards by entering the relevant validation information in the BT Wallet account portal (the “Portal”). There are no additional steps needed to activate electronic Cards. By activating a Card or participating in the BT Wallet in any way, Employee Users represent that they have read and understand these Terms.

2(e). Card Limits and Fees.

Buildertrend and the Bank may establish aggregate limits for all of the Cards issued to Customers and Employee Users, but in any event, the Cards shall be subject to available funds in the Customer’s account (the “BT Wallet Account”). In addition, Customer and Wallet Administrators may set user-specific limits or spending controls within the preset limits. Buildertrend, the Bank, and Wallet Administrators may establish limits on the types of merchants with which Customer and Employee Users may make purchases and the types of permitted transactions. Buildertrend, the Bank, and Wallet Administrators also may restrict the maximum amount of any particular transaction and the number of transactions allowed for the BT Wallet Account or individual Cards.

Buildertrend reserves the right to: (i) decline any transaction that would cause Customer to exceed any applicable limit; (ii) decline transactions at merchants that are characterized by the Card network (the “Network”) or Buildertrend as prohibited or restricted merchants; and (iii) decline transactions, reverse transactions, and suspend Cards for any other reason, including for violation of the Agreement, these Terms, Network rules, or suspected fraud. Buildertrend is not responsible for losses of any kind resulting from declined or reversed transactions. Merchants typically accept all Network-branded Cards; however, Buildertrend is not responsible and will have no liability if a merchant refuses to honor a Card. Buildertrend further reserves the right to place a hold on a Card for any transaction. When a hold is placed on a Card, the amount of the hold will reduce the available spend until the hold is released.

Employees Users who are not Wallet Administrators will not be permitted to establish or modify settings. For example, a Wallet Administrator may establish settings that allow only certain Employee Users to use certain Cards, that modify the spending limits applicable to an Employee User or Card, that limit the categories of purchases that may be authorized for an Employee User or a Card, or the amount of transactions that may be performed with a Card in a day or month, or other items within their discretion. A Wallet Administrator may change such settings from time to time without an Employee User’s consent.

While Buildertrend attempts to control the use of the Card to the parameters selected, Customer agrees to pay for all transactions on the BT Wallet Account regardless of whether such charges are within or outside the parameters established for each Card and Employee User.

Any fees charged by Buildertrend will be made available (the “Fee Schedule”) at the time of onboarding, and within the Portal. For any questions around the Fee Schedule, reach out to your Buildertrend representative at wallet@buildertrend.com.

2(f). Requesting, Cancelling, and Replacing Cards.

Wallet Administrators may request Cards for Employee Users, but may only request Cards for and provide Cards to individuals that are direct employees of Customer. Cards may be denied or canceled due to changes in policies, as required by law, or for other reasons Buildertrend determines are appropriate under the circumstances.  Customers and Employee Users will be able to view transactions and manage Cards, based on the applicable access rights, through the Portal.

Customer or a Wallet Administrator must promptly take appropriate measures to prevent unauthorized transactions when a Card is lost, stolen, or breached by freezing or cancelling the Card. To freeze a Card, Customer or Wallet Administrator must login to the BT Wallet, select “Cards”, and toggle off the switch for the appropriate Card. To cancel a Card, Customer or Wallet Administrator must login to the BT Wallet, select “Cards”, click on the card icon for the appropriate “Card”, and select “Cancel card” under “Settings.” Buildertrend is not responsible and will have no liability for any loss resulting from Customer or Wallet Administrator not timely freezing or cancelling a Card in the event the Card is lost, stolen, or breached. Customer or Wallet Administrators may also request the issuance of replacement Cards through the Portal. Buildertrend reserves the right to ask Customer, Wallet Administrator, or Employee Users for certain verification information, or to conduct KYC procedures using the third party company when investigating lost, stolen, or breached Cards and granting new or replacement Cards. Replacement Cards may have new account numbers that will require Customer or Employee Users to update the Card on file for any scheduled or recurring payments. If Customer or the applicable Employee User does not update the Card for scheduled or recurring payments, the transactions may not be completed. Customer and Employee Users are solely responsible for updating Cards stored with merchants where account numbers have been changed.

2(g). Using Cards; Transactions.

Customer and Employee Users may only use Cards for bona fide business-related transactions and ATM cash withdrawals within the limit. Cards may not be used for cash advances in any circumstances.  Cards may only be used to complete transactions in the United States.  Customer is responsible for selecting a Wallet Administrator, and Customer and Wallet Administrator is responsible for selecting who should have access to Cards. Customer agrees to establish and maintain controls designed to ensure that its Card and the Cards of its Employee Users are only used for bona fide business-related, Customer purposes and in compliance with these Terms, the Deposit and Cardholder Agreement, and the Network rules. Customer is solely responsible for transactions made by any individuals given access to Cards. Buildertrend, the Network, or the Bank may deny or reverse transactions for any reason. Buildertrend is not responsible for any losses, damages, or harm caused by transactions that are denied or reversed.

2(h). Disputing Transactions.

Customer is responsible for reviewing periodic statements promptly and identifying any transactions that Customer believes are unauthorized or that Customer disputes.

If Customer and a merchant have a dispute regarding a transaction identified on its periodic statement, such as delivery of incorrect goods or services or being charged the wrong amount, Customer should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to Customer’s satisfaction or if Customer believes the transaction is unauthorized, Customer shall follow the chargeback processes set forth in the Deposit and Cardholder Agreement.

Customer understands that the transactions made using Cards are subject to Network rules regarding chargebacks. Procedures for resolving chargeback disputes may require Customer to provide details of the disputed transaction or associated documentation and may limit the types of transactions that are eligible to be disputed.

Customer understands that the BT Wallet Account and Cards are commercial in nature and that Card-related consumer protection laws, including the Electronic Funds Transfer Act and Regulation E, do not apply to chargeback disputes or other Card-related disputes.

2(i). Debits and Credits.

In the event a transaction from the BT Wallet Account fails due to insufficient funds or for any other reason, Customer authorizes Buildertrend to provision any of Customer’s other linked accounts with the Buildertrend Solution, Payments Processing Service, and BT Wallet for the purpose of providing transaction funds. Customer agrees to reimburse Buildertrend for all fees, charges, and penalties incurred by Buildertrend in connection with a failed transaction. Buildertrend reserves the right to hold Customer liable for all unpaid fees, charges, and penalties resulting from a failed transaction.

2(j). Cashback Rewards Program.

The BT Wallet Cashback Rewards Program (the “Cashback Rewards Program”) refunds Customers certain percentages of purchases made with Cards at select merchants or in certain merchant categories that change throughout the year. Buildertrend will provide details of the Cashback Rewards Program offerings for each quarter, including the type of purchases that are eligible and any limits on the amount of cashback rewards you can earn; for complete details, refer to https://wallet.buildertrend.com/legal. Merchants are assigned a merchant category code based on the line of business, type of products and/or services primarily sold or provided by the merchant. Merchant codes and categories can change at any time without notice. For the purpose of the Cashback Rewards Program, we may group certain merchants and merchant category codes to create categories. This does not reclassify the select merchants or merchant category codes in any way. Some purchases will not earn rewards if the merchant’s category code is not included in a reward category or is not in the reward category you expect. Even if you purchase items at a merchant that appears to fit in a rewards category, the merchant may not have an assigned merchant code in that rewards category. When this occurs, transactions made with that merchant will not qualify for rewards towards that specific category. You also may not receive rewards if Buildertrend does not have sufficient transaction details for rewards qualification such as when purchases are made through third-party payment accounts, mobile or wireless card readers, digital wallets, or similar technology.

Card transactions funded by rebate credits also do not apply for cashback rewards. The cashback rewards calculation is equal to zero (0) for any spend of rebates credit available balance. When rebates credit available balance is equal to zero (0), cashback will calculate for every transaction in the order in which they occur. Card transactions funded with cashback credits do not generate additional cashback. Cashback rewards will not be awarded to rejected, failed, or reversed transactions, or any ATM transactions. The value percentage of the cashback rewards may be modified or eliminated at any time, without prior notice to Customer, at the discretion of Buildertrend. Any limits on purchase amounts or participant categories that apply to cashback rewards may also be modified or eliminated at any time, without prior notice to Customer, at the discretion of Buildertrend. The cashback rewards will be calculated utilizing the approved transactions from the Cards. The cashback rewards obtained will be frozen for a period of thirty (30) calendar days and will then subsequently be made available for redemption as a positive credit in the BT Wallet Account of Customer. Earned cashback and redeemed cashback amounts can be viewed in the BT Wallet Account balance report.

2(k). Default.

A BT Wallet Account may be in default where Customer or its Employee Users breach the Agreement, these Terms, or any of the agreements, terms, and policies incorporated by reference; where Customer opens or maintains a BT Wallet Account using inaccurate or false information; or where Customer or Employee Users pose an unacceptable regulatory or financial risk to Buildertrend or third parties.

If Buildertrend determines that Customer is in default, Customer’s and Employee User’s transactions may not be authorized, new Cards may not be issued, current Cards may be revoked, and Buildertrend may take additional actions in its sole discretion.

2(l). Protective Measures Taken by Buildertrend.

Buildertrend will “lock” a BT Wallet Account if it (i) suspects fraudulent activity or (ii) the BT Wallet Account has not been funded within thirty (30) calendar days of opening. “Lock” means the BT Wallet Account will be rendered unusable until restored by contacting wallet@buildertrend.com.  In the event a Customer’s BT Wallet Account is locked, access will be limited for Customer and Employee Users. Specifically, Customer and Employee Users will be unable to: (A) initiate transactions, or (B) use or activate Cards. In any event, BT Wallet Accounts may still receive transfers initiated outside their Wallet.

If a BT Wallet Account is locked due to suspected fraudulent activity, Buildertrend will investigate the suspected fraudulent activity and will either (y) unlock the BT Wallet Account if the underlying suspicious activity is cleared, or (z) proceed with closure of the BT Wallet Account if fraudulent activity is confirmed or Customer requests account closure.

If BT Wallet Account is locked due to not being funded within thirty (30) calendar days of opening, Buildertrend will attempt to contact Customer to reengage. If Customer is unresponsive for thirty (30) calendar days following Buildertrend’s first attempted contact, Buildertrend will close the BT Wallet Account in accordance with Section 2(l) of these Terms.

Any remaining balance in the BT Wallet Account will be returned to Customer in accordance with the Section 2(l) of these Terms.

2(m). Closing.

Customer agrees to immediately notify Buildertrend if Customer wants to close the BT Wallet Account and terminate rights as a Cardholder. Customer may close the BT Wallet Account by sending an email to wallet@buildertrend.com. After the BT Wallet Account is closed, Buildertrend has no obligation to accept deposits or pay outstanding items. Customer agrees to hold Buildertrend harmless for honoring or refusing to honor any check, paper draft, or other item on a closed BT Wallet Account. If a balance remains in the BT Wallet Account at the time of its closure, a check made payable to the account owner as listed in Buildertrend’s records will be sent to the address on file within fourteen (14) business days of the final transaction and/or of receiving the request to close the BT Wallet Account.

2(n). Disclaimer.

Buildertrend provides a residential construction project management software, among other services, for its customers. Buildertrend is a Software as a Service (“SaaS”) and technology company, not a bank, money transmitter, or Money Services Business (“MSB”), and Buildertrend does not offer banking or MSB services as defined by the United States Department of Treasury.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE BT WALLET IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND BUILDERTREND AND ITS AFFILIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE AND BUILDERTREND DOES NOT WARRANT THAT THE BT WALLET WILL MEET CUSTOMER’S NEEDS. CUSTOMER ACKNOWLEDGES THAT BUILDERTREND DOES NOT WARRANT THAT THE BT WALLET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BUILDERTREND IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO DELAYS, DELIVERY FAILURES, INTERCEPTION, ALTERATION, OR OTHER DAMAGE RESULTING FROM MATTERS OUTSIDE OF ITS CONTROL, INCLUDING PROBLEMS INHERENT IN THE USE OF THE INTERNET, MOBILE, AND PERSONAL COMPUTING DEVICES, TRANSMISSION OF ELECTRONIC COMMUNICATIONS OVER THE INTERNET OR OTHER NETWORKS, AND THIRD-PARTY HOSTING SERVICE PROVIDERS. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE AND FEES CHARGED FOR THE BT WALLET. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY IN ALL CIRCUMSTANCES. Buildertrend does not warrant that the BT Wallet will be compatible with all devices. If BT Wallet is accessed through a mobile device, the relevant wireless service carrier may charge applicable data rates and related fees.  Customer acknowledges that the BT Wallet may be unavailable from time to time during planned or emergency downtime.