These Terms of Service ("Terms") constitute a legally binding agreement between you ("You" or "User") and GetBananaSplits, LLC, a Delaware limited liability company doing business as GetBananaSplits ("GBS," "We," "Us," or "Our"). These Terms govern Your access to and use of Our software, systems, and related services ("Services"), including Your personal or business account with GBS ("GBS Account") and our website located at www.getbanansplits.com.
By using the Services, You acknowledge that You have read, understood, and agreed to be bound by these Terms, including provisions that (a) limit our liability; (b) require arbitration of disputes; and (c) incorporate additional terms from third-party service providers. If You do not agree to these Terms, You may not access or use the Services.
These Terms apply exclusively to businesses and business representatives located in the United States, unless otherwise expressly authorized by GBS in writing. You represent and warrant that:
You understand that if You use the Services from outside the United States, including Canada, the European Union, or any other jurisdiction, You may be subject to additional mandatory local laws (e.g., privacy, consumer protection, tax) that apply regardless of the governing law clause in these Terms. You agree that You are solely responsible for compliance with such laws to the extent they apply to Your use of the Services.
If You have any questions about these Terms, please contact us at support@getbananasplits.com.
GBS partners with certain third-party financial service providers ("Payment Service Providers") to deliver its core functionality, including but not limited to payment initiation, funds transfer, and account authentication services. These Payment Service Providers currently include, among others, Dwolla, Inc. and Plaid, Inc.
You understand and agree that:
As a condition of using the Services, You agree to be bound by the applicable terms and privacy policies of GBS's Payment Service Providers, which are hereby incorporated by reference into these Terms, including:
Dwolla
Plaid
You authorize GBS to collect and share with its Payment Service Providers any personal or business information required to open or maintain a Payment Service Provider account on Your behalf, including but not limited to Your name, address, date of birth, email address, social security number or business EIN, and financial account information. You represent that all such information is accurate and complete, and that You will update it as necessary.
For example, if You elect to use payment functionality via Dwolla, You must:
All customer support related to Payment Service Provider services accessed through the GBS platform will be provided by GBS, not by the Payment Service Provider directly. You may contact support@getbananasplits.com for assistance.
You acknowledge and agree that Your use of the Services may be subject to regulatory obligations imposed by U.S. law and the laws of other applicable jurisdictions (e.g., if funds flow to or from Canada or the EU). You remain solely responsible for determining and complying with such obligations, and You agree that GBS is not liable for Your compliance with any laws applicable to You in Your jurisdiction.
We may revise these Terms at any time, in whole or in part, at our sole discretion. If we do so, we will post the revised version to our website at www.getbananasplits.com or notify You directly via the Services, including via Your GBS Account dashboard or associated email address. The revised Terms will be effective as of the time they are posted, unless we expressly state otherwise.
Your continued use of the Services after the revised Terms are posted constitutes Your acceptance of the amended Terms. If You do not agree to any amendment, You must stop using the Services and may terminate Your GBS Account in accordance with Section 10.
We may communicate with You regarding the Services electronically. You consent to receive notices, agreements, disclosures, and other communications electronically, whether via our website, email, or through the Services. Unless otherwise specified, such communications will be deemed received by You:
Except as expressly stated otherwise in these Terms, all notices to GBS must be delivered electronically to:
📧 support@getbananasplits.com
If required by law in Your jurisdiction (e.g., under Canadian consumer law or EU e-commerce regulations), we may be obligated to provide certain changes to these Terms or legal notices in a prescribed format or with prior notice periods. Where such requirements apply, GBS will comply with those jurisdiction-specific obligations to the extent required by law. You agree that it is Your responsibility to remain informed about the version of the Terms currently in effect.
To access the Services, You must create a GBS Account and satisfy our eligibility, verification, and compliance requirements. You must either be an individual who is at least 18 years of age and a resident of the United States or a legal entity incorporated and operating within the United States or its territories. GBS does not support personal or household use of the Services.
If You are under 18 but at least 13 years old, You may only use the Services through a parent or legal guardian who acts as an Eligible Representative and agrees to these Terms on Your behalf. If You are a legal entity, any such Eligible Representative must be authorized by the entity's board or officers and will be legally bound by these Terms.
GBS reserves the right to:
Certain features of the Services (including initiating Share Payments) may only be available once You have successfully linked a verified U.S.-based bank account ("Your Bank Account"). Failure to do so may limit Your ability to use the Services as intended.
You agree to:
You acknowledge and authorize GBS and its Payment Service Providers to:
You are solely responsible for the security of Your login credentials and any action taken under Your GBS Account. GBS may suspend or terminate Your Account if You provide false or misleading information or violate these Terms.
Providing false information may expose You to civil penalties or criminal prosecution under applicable U.S. federal law and similar statutes in other jurisdictions.
GBS provides technology that enables You to automate the transfer of funds deposited into Your linked U.S. Bank Account based on pre-set rules. This includes initiating "Share Payments," where incoming deposits are automatically split and disbursed to designated recipients in predefined percentages on a recurring basis.
By creating a Share Payment rule, You:
Share Payments are executed only after qualifying funds are successfully deposited and cleared in Your Bank Account. GBS is not liable for delays or failures in executing Share Payments due to insufficient funds, failed deposits, payment system errors, or recipient account issues.
You may request to cancel or modify a Share Payment rule via Your GBS Account. However, if prior Share Payments failed due to insufficient funds, GBS may delay cancellation or modification until prior obligations are resolved.
If You request a refund or cancellation after a Share Payment is initiated, GBS will make reasonable efforts—subject to technical feasibility, third-party cooperation, and legal compliance—to reverse or resolve the payment. GBS does not guarantee reversibility and may charge an administrative fee for such attempts.
You authorize GBS to debit any Bank Account associated with You or Your business to satisfy unpaid obligations under these Terms or any related agreement. If initial collection attempts fail, You grant GBS continuing authority to reinitiate debit attempts as permitted under applicable law and payment network rules. This authorization survives account closure and will remain in effect until:
If mandatory laws in Your jurisdiction (e.g., Canada's PAD rules or EU's PSD2 regulations) provide You with a right to revoke debit authorizations or impose specific revocation procedures, those rights shall apply and override the provisions of this Section to the extent required by law.
Each time You access or use the Services, You represent, warrant, and covenant to GBS that:
(a) You have the full power, authority, and legal capacity to enter into and comply with these Terms;
(b) You are a business or nonprofit organization located in the United States, or a duly authorized representative of such an entity;
(c) You have all required licenses, consents, approvals, and legal rights necessary to operate Your business, access the Services, and use them in compliance with applicable laws;
(d) Any employees, agents, contractors, or other parties acting on Your behalf will comply with these Terms and applicable law;
(e) Your use of the Services does not violate the intellectual property, privacy, or other legal rights of any third party;
(f) You are authorized to initiate settlements to and debits from all Bank Accounts linked to Your GBS Account;
(g) You comply with all applicable federal, state, local, and foreign laws, including:
(h) You do not operate a Prohibited Business as defined by GBS, nor do You transact with any such businesses. GBS may update the definition of Prohibited Business from time to time and reserves the right to restrict or terminate access accordingly;
(i) All information You provide to GBS is complete, truthful, and up to date, and You will notify GBS promptly of any material changes.
If You cannot truthfully make any of the above representations, You may not use the Services. GBS may suspend or terminate Your Account immediately upon discovery of a breach or inaccuracy.
You agree to indemnify, defend, and hold harmless GBS and its affiliates, officers, employees, and agents from and against any claim, liability, damage, loss, or expense (including reasonable legal fees) arising out of or relating to:
This indemnity survives termination of these Terms and is not limited by any liability caps elsewhere in this Agreement.
Unless expressly stated otherwise, all fees charged by GBS exclude applicable federal, state, local, or foreign taxes, levies, duties, or similar assessments (collectively, "Taxes"). You are solely responsible for:
(a) Determining which, if any, Taxes or fees apply to Your business activities, transactions, or use of the Services;
(b) Assessing, collecting, reporting, and remitting all applicable Taxes to the appropriate tax authorities;
(c) Providing GBS with accurate and timely information about Your tax status, including any valid exemption certificates or reduced-rate eligibility certificates, as permitted by applicable law.
If GBS is required by law to withhold or collect any Taxes on Your behalf, it may deduct such amounts from payments owed to You and remit them directly to the appropriate taxing authority. You remain liable for any underreported or underpaid Taxes arising from Your use of the Services.
GBS may provide You and relevant tax authorities with certain tax-related information in accordance with U.S. law and other applicable jurisdictions. This may include:
You consent to receive all tax documentation electronically. You must promptly notify GBS of any inaccuracies or changes in Your tax-related information.
If Your use of the Services subjects You to Canadian GST/HST/QST, EU VAT, or any other transactional tax regimes, You agree to consult Your local advisors and ensure compliance with jurisdiction-specific rules. GBS does not provide tax advice and disclaims all liability for Your obligations under any tax statute.
Unless otherwise agreed to in a separate written agreement with GBS, You agree to pay a standard service fee equal to 5% of the gross amount received by You through any transaction facilitated by the GBS Services. Additional or modified fees may apply based on Your usage tier, features selected, or negotiated terms in a signed agreement ("Individual Service Agreement").
GBS may revise its fee structure at any time. If You are an active user of the affected Services, GBS will provide at least 30 days' prior notice of any fee increase by posting the change in Your GBS Account dashboard or by direct communication. Your continued use of the Services after the fee revision takes effect constitutes acceptance of the new fee terms.
You agree to ensure timely payment of all applicable fees and authorize GBS to:
If Your GBS Account carries a negative balance or insufficient funds to cover owed amounts, GBS may collect unpaid amounts from:
If the currency of the amount collected differs from the amount owed, GBS may convert currencies using commercially reasonable exchange rates and charge You any associated foreign exchange fees or spread.
You are responsible for all collection-related costs, including:
If any jurisdiction (e.g., Quebec or EU consumer regimes) imposes restrictions on unilateral setoff or fee changes, those laws shall override the conflicting terms of this Section to the extent required by law.
You agree to indemnify and hold harmless GBS from any third-party claims or government inquiries arising from Your failure to properly remit, disclose, or pay fees, including any claim brought by a partner, payee, or tax authority.
To the fullest extent permitted by law, any dispute, claim, or controversy between You and GBS arising out of or relating to these Terms, the Services, or any related transaction or relationship will be resolved by binding arbitration in San Francisco, California, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This agreement to arbitrate applies regardless of whether the dispute arose before or after Your acceptance of these Terms.
The arbitrator shall apply the substantive law of the State of California and the Federal Arbitration Act (9 U.S.C. §§ 1–16), without regard to conflicts of law principles. The arbitrator may award any remedies available under applicable law and shall issue a reasoned written decision.
To the extent permitted by law, all proceedings will be conducted solely on an individual basis. You agree:
If the class action waiver is found unenforceable in any jurisdiction, then this entire Section 9 (except Section 9.5 below) shall be deemed inapplicable, and the dispute will be resolved in the competent court of that jurisdiction.
Before initiating arbitration, the complaining party must send written notice to the other party describing the nature of the dispute and the relief requested. The parties will attempt informal resolution for at least 30 days from the date of notice before commencing arbitration.
The arbitration will be conducted before a single arbitrator. If the total amount in controversy is less than $75,000, the arbitration may be conducted via teleconference or submission of documents unless the arbitrator determines a hearing is necessary.
Each party shall pay its own legal fees. Arbitration fees will be split equally unless the arbitrator finds that a party acted in bad faith, in which case the prevailing party may recover its reasonable costs and legal fees.
This arbitration clause does not apply to:
If You are located in such a jurisdiction, You retain the right to bring disputes in the court designated by applicable law.
If for any reason a claim proceeds in court rather than arbitration, each party irrevocably waives the right to a jury trial.
You may terminate this Agreement at any time by permanently closing Your GBS Account through the account dashboard or by submitting written notice to support@getbananasplits.com. Termination is effective only after (a) You receive written confirmation from GBS that Your account is closed, and (b) all outstanding payment obligations to GBS have been satisfied in full.
If You use the Services again after termination, whether by reactivating a closed Account or creating a new one, You will be deemed to have accepted the then-current version of these Terms, which will apply from the date of renewed use.
Note: Termination does not retroactively cancel obligations already incurred. If You scheduled any pending Share Payments, they may still execute if sufficient funds are received into Your linked Bank Account.
GBS may terminate this Agreement, in whole or in part, and close Your Account under the following conditions:
(a) For Cause — Immediate Termination
GBS may terminate the Agreement immediately, with or without notice, if:
(b) For Convenience — 15 Days' Notice
GBS may terminate this Agreement at its sole discretion for any reason by giving You 15 calendar days' advance written notice. GBS is not obligated to disclose the reason for such termination.
(c) Termination Due to Force Majeure
GBS may also terminate the Agreement without liability if continuing to perform would be illegal, impracticable, or commercially unreasonable due to a Force Majeure Event (as defined in Section 12).
GBS may suspend Your access to some or all Services — without prior notice — under the following circumstances:
Suspension is not termination. However, GBS reserves the right to escalate a suspension to full termination under Section 10.2.
Upon termination or suspension:
If You request early cancellation of any Share Payment after termination, GBS will make commercially reasonable efforts to coordinate with its Payment Service Providers to halt the payment. However, GBS cannot guarantee reversals once a payment has cleared.
The termination of this Agreement — by either party — shall not affect the survival of any clause which by its nature is intended to survive termination, including:
Where You are located in a jurisdiction with mandatory legal protections that override private termination rights (e.g., Quebec under R.S.Q., c. P-40.1, or the EU under Directive 2011/83/EU), this Section shall be interpreted in a manner consistent with those protections.