Buildertrend Financial Services Terms and Conditions

Last updated: February 17, 2026

These Buildertrend Financial Services Terms and Conditions (the “Terms”) set forth requirements for participation in, as well as the terms and conditions for, the inbound payments service (“Inbound Service”) and outbound payments service (“Outbound Service,” together with Inbound Service, “Payments Service”) made available through the Buildertrend platform, the deposit account offered by Piermont Bank (“Bank”) (the account, the “BT Wallet”) and associated debit cards (the “Cards”), as well as other related financial service offerings that may be updated from time to time (collectively, the “Services”).

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 SERVICES. THE SERVICES ARE INTENDED FOR COMMERCIAL USE ONLY AND YOU AGREE NOT TO USE THE SERVICES FOR PERSONAL, FAMILY, OR HOUSEHOLD USE. YOU AGREE NOT TO USE THE SERVICES ON BEHALF OF, OR FOR THE BENEFIT OF, ANY ENTITY OTHER THAN YOURSELF OR YOUR ORGANIZATION.

1. General Terms

1(a). Acceptance.

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 and warrant that you have the power and authority to bind the Customer to these Terms, otherwise, such terms will refer to you as a sole proprietor and you represent and warrant that you are of the age of majority in your jurisdiction and are fully able and competent to form a binding contract on behalf of yourself as a sole proprietor.

1(b). Relationship to Other 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 (available at https://buildertrend.com/terms-and-conditions/, and together with any applicable Order Form issued thereunder, the “Agreement”) executed by you. For the avoidance of doubt, the Services described herein comprise portions of the “Solution” (as defined in the Agreement) and are subject to all relevant terms of the Agreement, including, but not limited to those provisions related to warranties, limitations of liability, indemnification, governing law, and dispute resolution. These Terms are also supplemented by Buildertrend’s Electronic Communication Disclosure and Agreement (available at: https://wallet.buildertrend.com/legal) and Buildertrend’s Privacy Notice (available at https://buildertrend.com/privacy-policy/; the “Privacy Notice”) executed by you in connection with your use of the Services provided to you by Buildertrend, both of which are hereby incorporated by reference into these Terms. In addition to these Terms and the Agreement, Customer’s use of the BT Wallet and associated Cards is governed by the Buildertrend Business Account and Mastercard Terms (available at: https://buildertrend.com/business-account-and-mastercard-terms/, the “Deposit and Cardholder Agreement”) which is between Customer, Buildertrend, and Bank.

In the event of a conflict between these Terms and the remainder of the Agreement, the terms and conditions in these Terms shall control solely with respect to the Services. In the event of a conflict between these Terms and the Deposit and Cardholder Agreement, the Deposit and Cardholder Agreement shall control. Except as expressly modified herein, the Agreement shall remain in full force and effect. These Terms and the Agreement contain the entire understanding between you and us regarding the Services and shall supersede all prior agreements, written or otherwise.Capitalized terms not otherwise defined in these Terms shall have the meaning given to such terms in the Agreement.

1(c). Modification.

We reserve the right, in our sole discretion, to modify, discontinue, or terminate your use of the Services (including for breach of these Terms or applicable laws, or if doing so would enable Buildertrend or Partners (defined below) to comply with applicable laws, regulations, or rules, including the Nacha Rules (defined below)) 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 Services.

You acknowledge and agree that certain payment and banking services are provided by third-parties, including without limitation Adyen N.V. (together with its affiliates and subsidiaries), Column N.A., and Bank (collectively, “Partners”) and you grant Buildertrend the authority to transition the provision of Services to new service providers with prior notice to you as permitted by applicable law. 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, you permit Buildertrend to share information we have collected from you that is reasonably required to facilitate a transition to a new service provider.

1(d). Termination and Suspension.

In addition to our other rights, we reserve the right to suspend or terminate your ability to use the Services, or any feature thereof, with or without cause, including but not limited to, if we suspect it is being misused. For example, a suspension or termination may also occur in response to Customer’s or its Employee Users’ (as defined below) breach of the Agreement, these Terms, or any of the agreements, terms, and policies incorporated herein by reference; where Customer opens or maintains a BT Wallet using inaccurate or false information; or where Customer or Employee Users pose an unacceptable regulatory or financial risk to Buildertrend or third parties as determined by Buildertrend in its sole discretion. During a suspension or subsequent to termination, 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.

In the event we terminate these Terms, you will remain liable for any and all amounts due hereunder at the time of such termination.

1(e). Cancelling the Services.

Customer may cancel the Payments Service by providing us with thirty (30) days prior notice by calling into Buildertrend at 1-888-415-7139 or emailing support@buildertrend.com and requesting to terminate the Payments Service. Customer may terminate Cards or the BT Wallet as set forth in the Deposit and Cardholder Agreement.

1(f). 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 Agreement, including any dispute between us and Partners related to your use of the Payments Service or between us and Bank related to your use of the BT Wallet related services.

2. Payments Service

2(a). General Terms of Payments Service.

The Inbound Service is intended to facilitate your ability to receive payments transactions for certain payment cards and electronic funds transfers for products and services sold by you to your clients (each a “Payor”). The Outbound Service enables you to pay designated subcontractors, suppliers, and vendors. For the Outbound Service, you authorize Buildertrend to process Payment Orders on your behalf in partnership with Partners. You further authorize Partners to process Payment Orders and effect transactions on your behalf. “Payment Order” means an order or request for the transfer to or withdrawal from the account of another financial institution by means of the Payments Service. For the avoidance of doubt, Payment Orders include Entries as defined by the Nacha Rules. You understand and acknowledge that funds do not pass into our legal ownership at any time from payment initiation to successful delivery, including any subsequent refunds.

2(b). Eligibility and Use of Payments Service.

Buildertrend conducts an onboarding process for all Customers. You must successfully complete the onboarding process and be approved by Buildertrend  and any relevant Partners before utilizing the Payments Service. To use the Payments Service, you also agree to provide us with certain information we may require from you from time to time.

By accessing or using the Payments Service, you represent and warrant that: (i) all onboarding information you submit is accurate, current, and complete; (ii) you will maintain the accuracy and completeness of such information; and (iii) you (a) are not located in a country subject to U.S. Government sanctions or embargos, and are not 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 Payments Service directly or indirectly to send money to a sanctioned country, person, group, or entity. Customer will notify Buildertrend in a timely manner of any changes to information relating to its registration, standing, beneficial ownership, or other company information that may impact its ability to operate within a jurisdiction, or information that is provided by Buildertrend to Partners in connection with the provision of the Payment Service. If applicable, this includes any information provided to Partners in connection with Nacha registration.

If you use the Inbound Service, you also agree to the Adyen for Platforms Terms & Conditions and agree to use the Inbound Service consistent with the Adyen Prohibited and Restricted Products and Services list, as may be updated from time-to-time.

2(c). Settlement Account.

To use the Payments Service, you must provide us and Partners with an authorization to credit and debit a depository account, and the information necessary to do so, which will be linked to or otherwise associated with the Payments Service (“Settlement Account”). By providing us with information about an account for its designation as a Settlement Account, you represent and warrant to us that the Settlement Account was established solely for business or commercial purposes. You further represent and warrant that you may authorize transactions from such Settlement Account without the consent or approval of any other person or entity. You agree to notify us as soon as reasonably possible if a previously linked or associated Settlement Account has been closed. Your access to, and use of, the Payments 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 and you agree to indemnify us for the same.

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 Service. You agree to reimburse us for all penalties and fees incurred by us if your Settlement Account is not properly configured.

You authorize Partners, and their and our service providers, to remit to your Settlement Account all amounts due and paid by Payors, minus amounts that you owe us or Partners. You authorize us to set-off, recoup and to appropriate and to apply any and all balances or funds or other amounts we may owe you against and on account of your obligations, whether such obligations are liquidated, unliquidated, fixed, contingent, matured or unmatured, and expressly waive any right to notice and demand in connection with the foregoing.

Without limiting our other rights and remedies (all of which are cumulative), you authorize us to debit your Settlement Account for any amounts you owe us or Partners hereunder or under any agreement with such parties referenced herein. With prior notice, Buildertrend may use an externally linked bank account for one of the Services as the default option for another Service where you have not yet designated an account. You further agree to execute any authorizations, including payment or ACH authorizations, that may be required in connection with Payments Service.

You agree at all times to maintain sufficient funds in your Settlement Account to satisfy all obligations to us or Partners in connection with these Terms and the use of the Payment Service, including returns, reversals, and associated fees. Your bank may charge you non-sufficient funds fees or overdraft fees if you do not have sufficient funds to complete a transaction. You are solely responsible for maintaining an adequate balance in or associated with your Settlement Account to avoid any overdraft, non-sufficient funds, or similar fees. Any and all such fees are your sole responsibility.

2(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, as permitted by applicable law and payment network rules. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding debit.

2(e). Chargebacks and Returns.

You acknowledge and agree that Buildertrend shall have the right at any time to charge your Settlement Account for any return, chargeback, compliance case, or any other Losses (as defined below) borne by Buildertrend in connection with transactions made through the Payments Service. You understand and agree that it may take more than 60 days for us to receive notice of the return or reversal of an ACH debit or other charge of a Payor and/or to exercise any rights granted or reserved under these Terms.

Buildertrend facilitates, and you may instruct us in, the defense of chargebacks, returns, compliance cases and similar actions, and you agree that you will promptly provide any such instructions to us. From time to time, we may recommend best practices for responding to chargebacks and returns, and you are not required to accept our recommendations. 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 or return, the chargeback or return amount may be withheld in a reserve. We may deduct the amount of any chargeback or return 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 or returns, payouts from Partners may be delayed to your Settlement Account. Further, if we reasonably believe that a chargeback or return is likely with respect to any transaction, the amount of the potential chargeback or return may be withheld from payments otherwise due to you until such time that: (a) a chargeback or return 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 or return on the transaction will not occur. If we are unable to recover funds related to a chargeback or return for which you are liable, you will pay us the full amount of the chargeback or return 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.

2(f). Credit Reports and Reporting.

You agree that we may investigate your creditworthiness in connection with your application for the Payments 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 finservpaymentops@buildertrend.com. When you write to us, tell us the specific information you believe is incorrect.

2(g). Fees and Payment.

Customer will be subject to the pricing set forth in the Pricing Schedule found on the Payments Service under ‘Payment Settings’, which is hereby incorporated by reference into these Terms. You acknowledge and agree that a portion of the fees in the Pricing Schedule relates to fees charged by Partners.

You authorize Partners 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 Service to you as a result of your failure to comply with these Terms or the Agreement or misuse of the Payments Service, including fees or costs imposed by another financial institution, and (ii) any costs, expenses, or other Losses we incur due to returned payments or other activities other than in the ordinary course of business.

2(h). Responsibility and Instructions.

To the extent allowed by applicable law, you agree to be bound by all instructions or transactions initiated in compliance with these Terms, whether or not authorized. You further assume full responsibility for the security and confidentiality of your passwords and any other access method for the Payments Service. You agree that you will be liable for all Losses and payments resulting from the theft, loss, compromise, or unauthorized use of your account with us or your login credentials. If you believe there is a possibility of theft, loss, compromise, or unauthorized use of your account, you must: (a) notify us in the manner set forth in these Terms of the possible theft, loss, compromise, or unauthorized use; and (b) provide us 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 to the fullest extent permitted under applicable law. 

If you suspect an unauthorized use of the Payments 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. However, if you provide sufficient notice of suspected or actual unauthorized payments, we will use commercially reasonable efforts to prevent further unauthorized payments. 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.

2(i). Compliance.

You agree that you shall comply with all laws, regulations, and rules applicable to your receipt and use of the Payments Service, including to the extent applicable, card network rules (“Network Rules”) and the Operating Rules of the National Automated Clearing House Association (“Nacha Rules”), and you will use the Payments Service for only lawful or permitted purposes. We have the right, acting in a commercially reasonable manner, to audit your compliance and review and examine books, records, systems, data, processes, controls, and other documentation related to your use of the Payments Service at any time and without prior notice. You permit Buildertrend and Buildertrend’s third party partners to conduct reasonable onsite or virtual inspections of your facilities, systems, and operations without prior notice, during normal business hours or at any other time reasonably required to comply with applicable law, regulatory requirements, or risk management obligations. You shall provide full and reasonable cooperation in connection with any audit or inspection. 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 Service. The Payments Service may not work or may not work correctly if you do not comply with instructions and/or documentation. You are responsible for your compliance with all applicable laws.

2(j). Payment Network and Nacha Rules

You agree that all payment card transactions made through the Payments Service are subject to these Terms and Network Rules. You may have the ability to assess a surcharge or an additional fee for accepting payments via the Payments Service by opting in to that feature on the Payment Service. You agree that all electronic ACH transactions requested or processed in connection with your Settlement Account or your use of the Payments Service are subject to these Terms and the . In addition, all such transactions may be subject to other applicable laws, rules and regulations, including Uniform Commercial Code Article 4A. You agree to be subject to and comply with these Terms, the Network Rules, and Nacha Rules, and that we may audit such compliance.

2(k). Prohibited Payments.

You are prohibited from using the Payments Service:

You are prohibited from using the Payments 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;
7. to receive payments that are for purposes other than in satisfaction of Payor’s bona fide obligations created by the rendition of services in the ordinary course of Customer’s business, arising out of services provided to a person that is not affiliated with Customer directly or indirectly, and as part of an “arm’s length” transaction in the ordinary course of Customer’s business;
8. to receive payments in connection with Customer’s provision of goods and services for which Customer has not complied with any applicable license, authorization, or similar registration requirement, or has failed to comply with qualification, bonding, permitting, and any other applicable requirements;
9. to receive payments that exceed the value of the work performed or material delivered, unless in compliance with applicable law regarding down payments or progress payments; and
10. to make payments for any purpose other than a business or commercial purpose.

Specifically, Customer will not use the Payments Service to send funds to or receive funds from business entities engaged in any business engaged in the following activities:

1. Transactions involving sanctions targets;
2. Direct onboarding or offboarding of cryptocurrency and cryptocurrency peer-to-peer payments;
3. Marijuana-related businesses;
4. Bearer share companies;
5. Shell banks;
6. Unlicensed or unregistered Money Services Businesses;
7. Unlawful Internet Gambling Companies as defined in the Unlawful Internet Gambling Act of 2006;
8. Payday lenders;
9. Missions, embassies and consulates;
10. Adult entertainment and services businesses;
11. Drug trafficking, drug paraphernalia manufacturing, or illicit drug distribution;
12. Ponzi schemes, pyramid selling, pump and dump schemes, or other forms of “get rich quick” business models;
13. Hate speech or abuse and unlawful discrimination;
14. Weapons, ammunition, and firearms trading or manufacturing;
15. Counterfeit goods;
16. Illegal or criminal activity;
17. Gems and mining businesses, precious metals, and commodities; or
18. Pseudo-medical and pseudo-pharmaceutical companies.

You agree that you will not use the Payments 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 transactions or activity that is impermissible or prohibited under the terms of these Terms; provided, however, that we reserve the right to decline to execute any transaction or activity that we believe violates these Terms.

2(l). Payment Limitations.

We or our Partners may limit, cap, hold for review, or to refuse to complete any Payment Orders or other payment transaction initiated through the Payments Service, for any reason, in our sole discretion, without incurring any liability to you.

You acknowledge that Buildertrend may establish exposure limits for you related to the dollar amount of Payment Orders or other payment transaction initiated through the Payments Service pursuant to these Terms across multiple settlement dates and that Buildertrend may review and adjust such exposure limits periodically without prior notice.

2(m). Error Resolution.

In case of errors or questions about any transactions using the Payments 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.

2(n). Indemnification.

In addition to, and not in limitation of, any other indemnification obligations under the Agreement, you agree to indemnify Buildertrend, its affiliates, agents, officers, directors, and employees from and against any and all actions, claims, demands, liability, losses, damages, and expenses (“Loss”) that in any way arise from, out of, or are related to (i) your use of the Payments 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, including fines assessed for your improper surcharging of credit card transactions or any payment method, and including any claims, fines and costs associated with the defense of a chargeback or return; (ii) your breach of any representation, warranty or covenant in this Agreement; (iii) any act or omission by Customer, its affiliates, subsidiaries, or their respective employees, agents, or representatives or any person purporting to act on behalf of Customer in the performance of its or their respective duties hereunder; (iv) Partners’ limitation, suspension, freezing, closure or termination of a particular element of the Payments Service; (v) your failure to properly describe or deliver goods or services or comply with your legal or contractual obligations to your customers; and (vi) any act or omission of a Payor; provided that the foregoing provision shall not apply to the extent that any such Loss results from our fraud, gross negligence, or willful misconduct.

In addition, to the extent that we are liable to any of our service providers in connection with your activities under the Payments Service, or for amounts that you otherwise owe to such service providers, you agree to reimburse us for any such liability that we incur.

2(o). Limitations of Liability.

We assume no responsibility to review, monitor, or audit any information or financial account information as described in our Privacy Notice entered into the system by you or on your behalf for use with the Payments Service or provided to any third party in connection with the Payments Service.

2(p). Taxes.

You are responsible for determining any and all local, state and/or federal taxes (“Taxes”) assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Payments Service. You are also solely responsible for collecting, withholding, reporting, and remitting applicable Taxes to the appropriate tax authority. We are not obligated to, nor will we, determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. We specifically disclaim any liability for Taxes and you agree to pay, indemnify, and hold us harmless from (i) any sales, use, excise, import or export, value-added, or similar tax or duty, and any other tax or duty not based on our income, and (ii) all government permit fees, customs fees and similar fees which we may incur with respect to this Agreement. Such taxes, fees and duties paid by you shall not be considered a part of, a deduction from, or an offset against, payments due to us hereunder.

2(q). Customer Service.

You are solely responsible for all customer service policies and issues relating to your goods or services, including pricing, order fulfillment, cancellations or no shows, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel, policies, or processes. In performing customer service, you will always present yourself as a separate entity from us. If required by applicable law, you agree to disclose your return or cancellation policy to customers at the time of purchase. If your refund policy prohibits returns or is unsatisfactory to the customer, you may still receive a chargeback relating to such sales and Buildertrend may debit the amount of any return, refund, and adjustment to the Settlement Account pursuant to your authorization herein.

2(r). Additional Terms Relating to Payment Orders.

The following additional terms shall apply to your use of the Payments Service to submit Payment Orders:

1. You agree to maintain a comprehensive written information security program that includes technical, physical, and administrative/organizational safeguards designed to (i) ensure the security and confidentiality of personal information and information made available to you or received from Buildertrend or Partners under these Terms; (ii) protect against any anticipated threats or hazards to the security and integrity of such information; (iii) protect against any actual or suspected unauthorized processing, loss, or acquisition of such information; (iv) ensure the proper disposal of such information; and (v) regularly test or otherwise monitor the effectiveness of such safeguards. You agree to be jointly and severally liable with Buildertrend to the applicable Partner for the failure to comply with such obligations.
2. You will maintain documents and authorizations related to Payment Orders transmitted to Buildertrend and Partners. Buildertrend and Partners will have the right to conduct audits of Customer and any Payment Orders, including to audit Customer’s compliance with these Terms, all applicable laws, and, if you initiate Payment Orders using ACH services, the Nacha Rules.
3. To the extent applicable, the following additional terms shall apply to your initiation of Payment Orders using ACH services with capitalized terms not otherwise defined in these Terms having the meanings ascribed to them under the Nacha Rules:
   1. In order for Buildertrend to process ACH transactions on your behalf: (i) you will act as an Originator under the Nacha Rules; and (ii) Buildertrend will act as a third-party sender on your behalf in connection with the ACH network. You acknowledge and agree that you will receive and maintain proper authorization from the Receiver of each Entry transmitted on behalf of the Customer by Buildertrend to a Partner pursuant to these Terms. You further agree that you shall retain authorization for each Entry for two (2) years after termination or revocation of such authorization or for such other period as required by the Nacha Rules. You shall provide a copy of the Receiver authorization within five (5) business days upon request by Buildertrend or its Partner.
   2. There is a risk of the reversal or chargeback of a payment (“ACH Returns”) due to insufficient funds in your account or other reasons. You expressly acknowledge and consent to being liable for any ACH Returns that may occur, including any fees associated therewith.
   3. In the event Buildertrend reasonably believes that the rate of unauthorized returns of Entries, administrative returns of Entries or overall rates of returns submitted by you exceeds the applicable threshold under the Nacha Rules, you will take immediate steps to revisit your authorization procedures to reduce the unauthorized return rate, administrative return rate or overall rate of return below the threshold rate and shall further promptly prepare and submit a written plan and timeline to Buildertrend noting your intended plan to reduce unauthorized returns, administrative returns or your overall return rate. 
   4. Buildertrend will transmit Entries that you initiate that fall within the following ACH Standard Entry Class (“SEC”) Codes: CCD and PPD.
   5. Buildertrend shall have no obligation to retransmit a Returned Entry if Buildertrend complied with these Terms and the Nacha Rules. Buildertrend shall notify you of any notification of change Entries that identify specific information that is incorrect. You must respond to notifications of change by investigating incorrect data and making corrections within six (6) business days of receipt of the notification of change information or prior to initiating another Entry to the Receiver’s account, whichever is later.
   6. If a request for cancellation or amendment is received by Buildertrend a Partner prior to transmitting the Entry to the ACH Operator, Buildertrend and Partner shall use reasonable efforts to act on such a request but shall have no liability if such request is not executed.
   7. Client may request to initiate a Reversing Entry to correct a duplicate or erroneous Entry (“Reversal”), solely as permitted by the Nacha Rules and within twenty-four (24) hours of the discovery of such duplication or error so that it may be timely transmitted to the ACH Operator. The Reversal request must be made available to the RDFI by midnight of the fifth (5th) business day following the settlement date of the Erroneous Entry. Buildertrend and its Partners shall have no liability in the event that a requested Reversal cannot be effected. You shall reimburse, indemnify and hold harmless Buildertrend for any penalties Buildertrend or Partners incur in effecting or attempting to effect your request for the cancellation or reversal of an Entry that is in violation of the Nacha Rules.
   8. You may not reinitiate Entries except as permitted by the Nacha Rules.
   9. You acknowledge and agree that if an Entry describes the Receiver inconsistently by name and account number, payment of the Entry transmitted by Partner to the RDFI may be made by the RDFI (or by Partner in the case of an On-Us Entry) on the basis of the account number supplied by you. You remain obligated to pay the amount of the Entry to Buildertrend and will be liable for and hold Buildertrend harmless for any Losses Buildertrend or its Partners incur in effecting or attempting to effect payment of the Entry.
   10. You acknowledge that a Credit Entry initiated by you through ACH services shall only be made available to the Receiver once the RDFI receives final settlement. If the RDFI does not receive payment for the Entry, the RDFI is entitled to a refund from the Receiver in the amount of the credit to the Receiver’s account and Client will not be considered to have paid the amount of the credit Entry to the Receiver. You agree that you shall remain responsible for all outstanding payments to Receivers, and Buildertrend shall have the right to be reimbursed and recover any amounts that are charged to Buildertrend by the RDFI in connection with the Payments Service pursuant to these Terms.
   11. Buildertrend shall have no obligation to return or refund a Debit Entry initiated and completed by you unless such return is based on insufficient funds or unless required by applicable law or the Nacha Rules, and Buildertrend may, in its sole discretion, determine whether to return or refund Debit Entries. You shall be responsible for returning or refunding any Debit Entries and shall indemnify, defend, and hold Buildertrend harmless from any Losses related to returned or refunded Debit Entries unless such Losses were caused by Buildertrend or a Partner’s gross negligence, willful misconduct, fraud, or violation of applicable law or the Nacha Rules. 
   12. You represent and warrant that each Debit Entry (i) satisfies an obligation, corrects an error, or reclaims an amount received after death or legal incapacity; and (ii) is for a sum which, on the settlement date will be due and owing to you from the Receiver, is for a sum specified or agreed to by the Receiver, or is to correct a previously transmitted erroneous credit Entry.
   13. You, as an Originator of Entries made under the Nacha Rules, represent, warrant, and covenant to Buildertrend, that (a) you shall comply with the Nacha Rules and all applicable law, as each is amended from time to time, relating to your use of the Payment Services; and that (b) no Entry delivered to Buildertrend or Partners, if accepted by a Partner, violates applicable law or the Nacha Rules or will otherwise cause Buildertrend or Partners to be in violation of applicable law or the Nacha Rules. In the event you violate any of the Nacha Rules and Nacha imposes a fine on Buildertrend or a Partner because of your violation, Buildertrend or the Partner may charge the fine to you.
   14. You shall retain data on file adequate to permit the reconstruction of Entries as required by the Nacha Rules, and shall provide any such data to Buildertrend upon request. You shall obtain and retain all consents, authorizations, and opt out elections when completing check conversions as required under the Nacha Rules.
   15. In addition to any limitation of liability set forth elsewhere in these Terms, Buildertrend shall not be liable for any action or inaction by RDFI or a third party (e.g., the ACH Operator or ODFI) that results in Buildertrend’s failure to perform under this Section 2(r) or suspension, termination, restriction or other delay in Buildertrend’s performance under this Section 2(r).
   16. In addition to the indemnification obligations set forth elsewhere in these terms, you will defend, indemnify and hold Buildertrend and the RDFI harmless from and against all third-party claims, actions, proceedings, regulatory investigations, damages, losses, judgments, settlements, costs and expenses (including attorneys’ fees), arising from or in connection with: (a) your breach of any representation, warranty or covenant set forth in this Section 2(r); (b) your failure to perform your obligations as an Originator under the Nacha Rules; (c) your failure to verify the identity Receivers or adequately perform OFAC screening; (d) your failure to maintain a sufficient balance in your linked account to cover your obligations under this Section 2(r); (e) Buildertrend’s effecting or attempt to effect your request for the cancellation, amendment or reversal of an Entry; (f) Buildertrend’s issuance of duplicate Entries; (g) an RDFI’s limitation, suspension, or termination of your use of ACH services; or (h) your breach of any agreement between you and a Receiver.
4. To the extent applicable, the following additional terms shall apply to your initiation of Payment Orders using services relating to the real-time gross settlement funds transfer system operated by the Federal Reserve (“Wire Services”):
   1. Each Payment Order request through the Wire Services (“Wire Instruction”) authorized by you is irrevocable, and may not be withdrawn, canceled, amended, or otherwise modified, in each case, without the consent of Buildertrend and its Partners.
   2. Buildertrend may authorize Payment Orders requested through Wire Services (a) on a transaction-by-transaction basis, or (b) by authorizing drawdown requests from the originating party on an ongoing basis (“Wire Drawdown Requests”). You acknowledge and agree that Buildertrend shall not be liable for a Partner’s transmitting any funds after receiving a Wire Drawdown Request.  Each Wire Drawdown Request authorized by you is irrevocable, and may not be withdrawn, canceled, amended, or otherwise modified, in each case, without the consent of Buildertrend and its Partners.
   3. You authorize Buildertrend and its Partners to honor, accept, execute, and initiate any wire transfer based on Wire Instructions or Wire Drawdown Requests. You acknowledge and agree that the security procedure offered by Buildertrend and Partners to enable the submission and authentication of Wire Instructions or Wire Drawdown Request represents an acceptable and commercially reasonable method of providing security against unauthorized transactions. Buildertrend has no obligation, and shall not be liable or responsible for its or Partners’ refusal to act on any instruction or transaction request that is not contained in the Wire Instruction or Wire Drawdown Request. You acknowledge that the purpose of transacting through Wire Instructions or Wire Drawdown Requests for purposes of the Wire Services is to verify that the Wire Transfer Instruction or Wire Drawdown Request is submitted or approved by you and not to detect an error in the transmission or content of any Wire Instruction or Wire Drawdown Request. You and Buildertrend have not agreed upon any procedures for the detection of errors relating to the Wire Services and you are solely responsible for any errors not caused by our or Partners’ (or our collective affiliates’, service providers’, or contractors’) acts or omissions. In the event that a Wire Instruction or Wire Drawdown Request is deemed to constitute a payment order under applicable law, you and Buildertrend agree that any such order communicated to Buildertrend or Partners and verified in accordance with Buildertrend’s and Partners’ security procedures will be effective as your order, whether or not authorized, and regardless of the actual identity of the sender thereof.  Buildertrend shall have no liability to you related to a wire transfer if a Partner has executed such transfer based on a Wire Instruction or Wire Drawdown Request.
   4. You acknowledge and agree that in the event that a Partner receives a request from Buildertrend or an external financial institution to return funds associated with a wire transfer (“Wire Return Request”), you shall indemnify, defend, and hold Buildertrend harmless to the fullest extent permitted under applicable law for the Wire Return Request, including for the returned funds, and Buildertrend shall assume no liability related to or arising from such Wire Return Request.
5. You acknowledge and agree that any breach of this Section 2(r) by you will be deemed a material breach of these Terms by you. 

3. Buildertrend Wallet Services

3(a). Banking Services.

Banking services for BT Wallet are provided by Piermont Bank, Member FDIC.  Your deposit balances held at 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).

3(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 consents to these Terms.

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

Buildertrend conducts an onboarding process for all Customers and Employee Users on Bank’s behalf. Customers and Employee Users must successfully complete the onboarding process and be approved by Bank and Buildertrend, before making 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:

Role	Access Rights
Wallet Administrator	Create and eliminate roles; View all transactions and activity; Create and eliminate Cards; Move, deposit, and withdraw money; Freeze and replace Cards
Bookkeeper	Read-only view of all transactions and activity
Cardholder	Read-only view of all transactions of assigned Card; Freeze and replace assigned Card

Customer is responsible for selecting a Wallet Administrator, and Customer and the Wallet Administrator are 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.

Wallet Administrators may set user-specific limits or spending controls within the preset limits. Bank, Buildertrend on its behalf, 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. Bank, Buildertrend on its behalf, and Wallet Administrators also may restrict the maximum amount of any particular transaction and the number of transactions allowed for the BT Wallet or individual Cards.

Employee 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 Employee Users’ consent.

3(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 portal (the “Portal”). There are no additional steps needed to activate electronic Cards.

3(e). Card Limits.

While Buildertrend attempts to control the use of the Card to the parameters selected by Wallet Administrators, Customer agrees that it is solely responsible for all transactions on the BT Wallet, regardless of whether such charges are within or outside the parameters established for each Card and Employee User.

Customer acknowledges and agrees that Bank, and Buildertrend on its behalf, 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. The Network, Bank, or Buildertrend on its behalf, may also deny or reverse transactions for any reason.

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. Customer acknowledges and agrees that Bank, and Buildertrend on its behalf, 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.

3(f). Fees.

Any fees charged by Bank or 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.

3(g). 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 applicable law, or for other reasons that Bank, and Buildertrend on its behalf, 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.

3(h). 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 (such refunds, “Rewards”). 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 Rewards you can earn; for complete details, refer to the ‘Cashback’ section here https://wallet.buildertrend.com/legal.

We may temporarily or permanently disqualify you from participating in the Cashback Rewards Program and/or adjust or cause to be forfeited any or all Rewards accrued as a result of your abusive behavior, fraud, misrepresentation, any violation of law, violation of any other agreement with us, our affiliates, Partners, or any other violation of any of these Terms, as determined by us in our sole discretion. Rewards cannot be combined with other discount or rewards programs unless specifically authorized by us. We may cancel or forfeit any Rewards if you default on any provision of these Terms, the Agreement, or the Deposit and Cardholder Agreement.

Certain Card transactions are excluded from the Cashback Rewards Program, including cash withdrawals, transactions that are deemed fraudulent, disputed transactions or transactions subject to chargebacks, and transactions funded with Rewards. We may determine that a transaction type or particular transaction is excluded from eligibility for Rewards accrual at any time. Any transaction conducted or effectuated while you are in default of these Terms does not qualify is excluded, unless otherwise permitted by us. We reserve the right to determine, in our sole discretion, whether a particular transaction is an excluded transaction. Rewards are offered solely by us, subject to these Terms, and not offered by or provided through any merchant.

If you return, charge back, cancel, dispute, or otherwise request a refund for a Card transaction for which you have already received Rewards, we reserve the right to remove any related Rewards amount from your BT Wallet, or offset such amount from any future Rewards. If we choose to remove the amount from your BT Wallet, you authorize us to debit your BT Wallet and your Settlement Account, regardless of whether this causes the BT Wallet or Settlement Account to have a negative balance or overdraft, and you agree to provide any documentation or authorizations required to ensure that any such Rewards amount is returned to us.

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 with Rewards do not generate additional Rewards. Cashback Rewards will not be awarded to rejected, failed, or reversed transactions, or any ATM transactions.

It is your responsibility to ensure that earned Rewards are properly accrued and credited in accordance with these Terms. If you think you were eligible for a Reward that was not properly credited to you or on your behalf, we can require that you submit documentary evidence to support your claim that is satisfactory to us. You must send your claim for an improperly credited Rewards within sixty (60) days after the date upon which the credit was applied or you claim such crediting was supposed to have occurred but did not. If you do not file your claim within sixty (60) days, Rewards earned will be deemed accurate and you will have waived any claim for adjustment. We reserve the right (but are not required) to correct inaccurate Rewards, and to adjust Rewards at our sole discretion. If we do not credit, or improperly deny, a Rewards redemption to which you were otherwise entitled, then your exclusive remedy will be the issuance of the improperly denied Rewards redemption, if available, or such other alternative benefit as we in our sole discretion may determine.

The Rewards associated with a given transaction may be modified or eliminated at any time, without prior notice to you, at our sole discretion. Any limits on purchase amounts or participant categories that apply to Rewards may also be modified or eliminated at any time, without prior notice to you, at our sole.

We may, without prior notice or liability to you, discontinue the Cashback Rewards Program or modify the Cashback Rewards Program by adding or removing features or functionalities, even though such changes may affect Rewards awarded to you. We may limit accrual and redemption of Rewards, including through caps, fees, and expiration.

The Rewards will be calculated utilizing the approved transactions from the Cards. Thirty (30) days after being earned, Rewards may be redeemed to the BT Wallet of Customer. Earned and redeemed Reward amounts can be viewed in the BT Wallet balance report.

All amounts paid to you in connection with the Cashback Rewards Program are exclusive of any applicable withholding, sales, use, excise, value added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Rewards. We are not responsible for determining whether you owe taxes in connection with your access to or use of Rewards or for collecting, reporting, or remitting taxes arising from your access to or use of Rewards, except for our own income taxes.

You have no rights or other vested legal interest in accrued Rewards until they have been applied to your BT Wallet. Rewards may not be transferred or assigned to any other party, and any attempt to do so shall be void and of no legal effect. The sale or barter of any Rewards, other than by us, is expressly prohibited.

You may be disqualified from participating in the Cashback Rewards Program and your accrued Rewards may be forfeited if at any time you violate these Terms, the Agreement, or the Deposit and Cardholder Agreement, violate applicable law, or misuse your BT Wallet or any part of the Services.

3(i). Protective Measures Taken by Buildertrend.

Bank, or Buildertrend on its behalf, will “lock” a BT Wallet if it (i) suspects fraudulent activity or (ii) the BT Wallet has not been funded within thirty (30) calendar days of opening. “Lock” means the BT Wallet will be rendered unusable and that funds in your BT Wallet will be temporarily inaccessible to you, until restored by contacting wallet@buildertrend.com, or as otherwise required or permitted by Buildertrend, Bank, or applicable law. In the event a Customer’s BT Wallet 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 Wallets may still receive transfers initiated outside their BT Wallet.

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

If BT Wallet 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, Bank, and Buildertrend on its behalf, will close the BT Wallet in accordance with these Terms and the Deposit and Cardholder Agreement.