Terms of Service

1. ACCEPTANCE AND OVERVIEW

These Terms of Service (“Terms”) form a binding agreement between you (“you,” “your,” or “User”) and Harmoney Financial Technologies, Inc., a Delaware corporation (“Harmoney,” “we,” “us,” or “our”), governing your access to and use of the inharmoney.xyz website, the Harmoney mobile and web applications, the Harmoney NFC-enabled physical products (including the “TapCard”), and all associated software, APIs, and services (collectively, the “Services”). BY ACCESSING, INSTALLING, TAPPING, SWIPING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER IN SECTION 18. Please read them carefully.

2. WHAT HARMONEY IS — AND WHAT IT IS NOT

2.1 Harmoney is a technology platform.

Harmoney provides software, connectivity, and hardware products that enable Users to

• (a) accept, initiate, or route payments;
• (b) connect bank and financial account data;
• (c) manage commercial relationships and merchant identity; and
• (d) access ancillary financial-operations tooling. The Harmoney product stack includes, without limitation:
• Harmoney Core — NFC-enabled physical products (TapCard) and associated device firmware and routing logic.
• Harmoney Pay — payment acceptance functionality provided through integration with Stripe.
• Harmoney Connect — bank account connectivity and ACH initiation provided through integration with Plaid.
• Harmoney Crypto Rail (forthcoming) — stablecoin-denominated settlement functionality.
• Harmoney Agent Console (forthcoming) — user-controlled autonomous agent tooling for financial operations.

2.2 Harmoney is not a bank, money transmitter, or money services business.

Harmoney does not hold, custody, transmit, or exchange funds on behalf of Users. All payment processing, funds custody, settlement, and money-movement functions are performed by licensed third-party financial institutions and money-services providers, including:

• Stripe Payments Company, LLC and its affiliates (“Stripe”), which provides payment processing, merchant acquiring, and connected-account services under the Stripe Connect platform.
• Plaid Inc. (“Plaid”), which provides bank account data connectivity, account verification, and payment initiation services.
• Third-party issuing banks, card networks, and payment rails engaged by Stripe or otherwise (including Visa, Mastercard, and the ACH network operated by Nacha). Your use of the Services requires you to also accept the terms of service, user agreements, and privacy policies of these third-party providers. Harmoney is not responsible for the acts, omissions, service interruptions, disputes, or losses arising from the services of any third-party financial institution or money-services provider.

2.3 No fiduciary or advisory relationship.

Nothing in the Services constitutes financial, legal, tax, investment, or accounting advice. Harmoney is not your fiduciary, broker-dealer, investment adviser, or agent. You are solely responsible for evaluating the suitability of any transaction, payment method, or financial arrangement.

3. ELIGIBILITY AND ACCOUNTS

3.1 Eligibility.

To use the Services, you must:

• (a) be at least eighteen (18) years of age, or the age of majority in your jurisdiction, whichever is greater;
• (b) have the legal capacity to enter into a binding contract;
• (c) not be a resident of any jurisdiction subject to comprehensive United States sanctions administered by the Office of Foreign Assets Control (“OFAC”), or otherwise appear on any list of prohibited or restricted persons maintained by the U.S. government or applicable foreign authority;
• (d) not have been previously suspended or removed from the Services; and
• (e) if acting on behalf of a business entity, be duly authorized to bind that entity.

3.2 Account registration.

You must provide accurate, current, and complete information at registration and keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at support@inharmoney.xyz of any unauthorized use.

3.3 Verification and KYC/KYB.

Certain Services require identity verification (“KYC”) or business verification (“KYB”) performed by Stripe, Plaid, or their designated compliance vendors. You authorize us and our partners to obtain, verify, and store information about you, including from consumer reporting agencies and public records, for purposes of complying with the Bank Secrecy Act, USA PATRIOT Act, anti-money-laundering laws, and applicable card-network rules. We may suspend or terminate access if verification fails or if we reasonably suspect fraudulent, illegal, or prohibited activity.

4. THE TAPCARD AND HARDWARE

4.1 Ownership and license.

The TapCard is a physical product incorporating patent-pending NFC dynamic routing technology owned by Harmoney (or its affiliate Eclectic Uproar LLC d/b/a Anthem Global Syndicate Management). Purchase of a TapCard grants you title to the physical unit but no license to reverse-engineer, disassemble, clone, or replicate the underlying routing logic, firmware, or associated software.

4.2 Activation and provisioning.

The TapCard must be activated through the Services. Until activated, the TapCard performs no functional routing. Harmoney may update, patch, revoke, or deactivate any TapCard remotely if we determine, in our sole discretion, that it has been compromised, tampered with, used in violation of these Terms, or reported lost or stolen.

4.3 Lost, stolen, or damaged units.

You are responsible for the physical custody of your TapCard. Report loss or theft to support@inharmoney.xyz immediately. Harmoney may charge a replacement fee for reissued units. Harmoney is not liable for transactions initiated with a lost or stolen TapCard prior to your notification.

4.4 Distribution partners.

TapCards may be distributed through partner channels (including, without limitation, Posh). Your commercial relationship with a distribution partner is separate from your relationship with Harmoney, and any partner-specific terms apply in addition to these Terms.

5. PAYMENTS AND PROCESSING

5.1 Payment processing by Stripe.

All card, ACH, and other electronic payment transactions initiated through the Services are processed by Stripe. By using the Services to accept or initiate a payment, you agree to be bound by the Stripe Connected Account Agreement (available at stripe.com/legal/connect-account) and the Stripe Services Agreement (available at stripe.com/legal/ssa), as they may be updated from time to time. Harmoney may enable, disable, or modify Stripe-provided functionality at any time.

5.2 Fees.

Harmoney charges fees for transaction processing, product sales, and platform access as disclosed in the Services or in a separate order form or partner agreement. Standard transaction fees are one percent (1%) plus five cents ($0.05) per successful transaction, subject to change on thirty (30) days’ notice. Third-party fees imposed by Stripe, Plaid, card networks, or banks are in addition to Harmoney fees and are not controlled by Harmoney.

5.3 Settlement and payouts.

Settlement timing, hold policies, reserve requirements, and payout mechanics are governed by Stripe, not Harmoney. Harmoney has no control over settlement holds imposed by Stripe or by an acquiring bank.

5.4 Chargebacks and disputes.

You are financially responsible for all chargebacks, refunds, reversals, fines, and penalties assessed against your Stripe Connected Account. Harmoney may debit your account balance, offset against future payouts, or invoice you directly for such amounts. Excessive chargeback ratios may result in account suspension by Stripe or by Harmoney.

5.5 Taxes.

You are solely responsible for determining, collecting, reporting, and remitting all taxes arising from your use of the Services, including sales tax, VAT, income tax, and information-reporting obligations. Harmoney may issue tax forms (including IRS Form 1099-K) where required by law.

6. BANK DATA CONNECTIVITY

Harmoney Connect uses Plaid to link your bank accounts. By using Harmoney Connect, you agree to the Plaid End User Privacy Policy (available at plaid.com/legal/#end-user-privacy-policy). You grant Harmoney and Plaid the right to access, transmit, and store information from your linked financial accounts for the purposes described in these Terms and in Harmoney’s Privacy Policy.

7. USER OBLIGATIONS AND ACCEPTABLE USE

Your use of the Services is subject to the Harmoney Acceptable Use Policy, which is incorporated by reference. Without limiting that Policy, you shall not:

• (a) use the Services for any illegal, fraudulent, deceptive, or infringing purpose;
• (b) process transactions for goods, services, or activities identified as prohibited or restricted by Stripe, Plaid, applicable card networks, or Harmoney;
• (c) submit false, misleading, or unverified information in KYC/KYB;
• (d) circumvent, disable, or interfere with security, authentication, rate-limiting, or usage-monitoring features;
• (e) reverse-engineer, decompile, or extract source code from the Services (except to the extent permitted by non-waivable law);
• (f) scrape, harvest, or mass-download data from the Services other than through documented APIs used consistently with their published terms;
• (g) resell, sublicense, white-label, or commercially redistribute the Services without a written agreement with Harmoney;
• (h) use the Services to build a directly competitive product; or
• (i) engage in transactions structured to evade legal reporting requirements. Violation of this Section may result in immediate suspension or termination, forfeiture of platform balances, and referral to law enforcement.

8. INTELLECTUAL PROPERTY

8.1 Harmoney IP.

The Services, including all software, firmware, hardware designs, trademarks, service marks, logos, content, user interfaces, documentation, and the “Harmoney,” “TapCard,” “Harmoney Pay,” “Harmoney Connect,” “Harmoney Core,” “Harmoney Crypto Rail,” and “Harmoney Agent Console” marks, are owned by Harmoney or its licensors and are protected by U.S. and international intellectual property laws. No rights are granted except as expressly set forth in these Terms.

8.2 Limited license.

Subject to these Terms, Harmoney grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal use.

8.3 KYA Protocol (Open Source).

The Know Your Agent (“KYA”) protocol authored by Harmoney is licensed separately under the Apache License, Version 2.0. Use of the KYA protocol reference implementation is governed by that license, not by these Terms.

8.4 Feedback.

Any suggestions, feedback, or ideas you submit regarding the Services may be used by Harmoney without restriction, attribution, or compensation.

8.5 Trademarks and publicity.

You may not use Harmoney’s marks or logos without prior written consent, except to accurately identify Harmoney as a service provider. Harmoney may identify you as a customer or partner in marketing materials unless you opt out in writing.

9. USER CONTENT

You retain ownership of content you submit to the Services (“User Content”). You grant Harmoney a worldwide, royalty-free, non-exclusive, transferable, sublicensable license to host, store, reproduce, modify, display, distribute, and process User Content solely as necessary to operate, provide, secure, and improve the Services. You represent and warrant that you own or have all necessary rights to submit User Content and that it does not violate any third-party right or applicable law.

10. THIRD-PARTY SERVICES AND LINKS

The Services integrate with, and may contain links to, third-party services, websites, applications, and content. Harmoney does not endorse and is not responsible for any third-party service, and your use of a third-party service is governed by that provider’s terms.

11. BETA AND EARLY-ACCESS FEATURES

Certain Services or features may be identified as “beta,” “preview,” “early access,” or similar. Beta features are provided AS IS, are not subject to any service-level commitment, and may be modified or discontinued at any time. Harmoney disclaims all liability arising from beta features to the maximum extent permitted by law.

12. PRIVACY

Your use of the Services is subject to the Harmoney Privacy Policy, which includes financial-privacy disclosures required by the Gramm-Leach-Bliley Act and applicable state financial-privacy laws.

13. ELECTRONIC COMMUNICATIONS AND E-SIGN CONSENT

By using the Services, you consent to receive communications and disclosures electronically as described in the Harmoney E-SIGN Consent, which is incorporated by reference.

14. TERMINATION

14.1 By you.

You may terminate your account at any time by contacting support@inharmoney.xyz. Termination does not relieve you of obligations incurred prior to termination, including chargebacks, fees, and indemnification.

14.2 By Harmoney.

Harmoney may suspend or terminate your access to any or all of the Services at any time, with or without notice, if we reasonably determine that

• (a) you have violated these Terms;
• (b) your use of the Services creates legal, regulatory, reputational, or security risk to Harmoney or its partners;
• (c) required verification cannot be completed;
• (d) your account has been inactive for an extended period; or
• (e) a partner (including Stripe or Plaid) requires suspension.

14.3 Effect of termination.

Upon termination:

• (a) your license to use the Services ends;
• (b) Harmoney may retain data as permitted or required by law;
• (c) accrued rights and obligations survive; and
• (d) Sections 2.2, 5.4, 5.5, 8, 15, 16, 17, 18, and 20 survive.

15. DISCLAIMERS TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDE

16. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• (a) NO INDIRECT DAMAGES. HARMONEY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• (b) AGGREGATE CAP. HARMONEY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF
• (i) THE TOTAL FEES PAID BY YOU TO HARMONEY IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR
• (ii) ONE HUNDRED U.S. DOLLARS ($100).
• (c) BASIS OF THE BARGAIN. THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Nothing in these Terms limits liability that cannot be limited under applicable law, including for gross negligence, willful misconduct, or fraud.

17. INDEMNIFICATION

You shall defend, indemnify, and hold harmless Harmoney, its affiliates, and their respective officers, directors, employees, agents, and licensors from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Services;
• (b) your violation of these Terms;
• (c) your violation of any law or third-party right, including intellectual property, privacy, and publicity rights;
• (d) your User Content;
• (e) any transaction processed through your account, including chargebacks, refunds, and fines; and
• (f) any dispute between you and a third party (including a merchant, customer, or partner). Harmoney reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

18. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS-ACTION WAIVER PLEASE READ THI

18.1 Informal resolution.

Before initiating arbitration, you and Harmoney agree to attempt to resolve any dispute informally by sending written notice to the other party (to Harmoney at info@inharmoney.xyz). If the dispute is not resolved within sixty (60) days, either party may initiate arbitration.

18.2 Binding arbitration.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a “Dispute”) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. Arbitration shall take place in New York, New York, or, at your election if you are a consumer, in the U.S. county in which you reside. The arbitrator’s decision shall be final and binding.

18.3 Class-action waiver.

YOU AND HARMONEY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.

18.4 Exceptions.

Notwithstanding the above, either party may

• (a) bring an individual action in small-claims court;
• (b) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information; and
• (c) opt out of arbitration by sending written notice to info@inharmoney.xyz within thirty (30) days after first accepting these Terms.

18.5 Governing law and venue.

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. For claims not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

18.6 Federal Arbitration Act.

This Section is governed by the Federal Arbitration Act.

19. CHANGES TO THESE TERMS

Harmoney may modify these Terms at any time. Material changes will be posted at inharmoney.xyz/terms with a revised “Last Updated” date and, where required, communicated by email or in-app notice. Continued use of the Services after the effective date of a change constitutes acceptance. If you do not agree, your sole remedy is to stop using the Services.

20. GENERAL

20.1 Entire agreement.

These Terms, together with the Privacy Policy, Acceptable Use Policy, E-SIGN Consent, and any order form or partner agreement, constitute the entire agreement between the parties.

20.2 Severability.

If any provision is held unenforceable, the remaining provisions remain in full force.

20.3 No waiver.

Failure to enforce any provision is not a waiver.

20.4 Assignment.

You may not assign these Terms without our prior written consent. Harmoney may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.

20.5 Force majeure.

Neither party is liable for delays or failures due to events beyond its reasonable control.

20.6 Relationship.

The parties are independent contractors. No partnership, joint venture, agency, employment, or fiduciary relationship is created.

20.7 Notices.

Notices to Harmoney must be sent to info@inharmoney.xyz with a copy to Harmoney Financial Technologies, Inc., [Delaware C-Corp registered address], Attention: Legal. Notices to you may be sent to the email associated with your account.

20.8 Export controls.

You represent that you are not located in, and will not use the Services from, any jurisdiction subject to comprehensive U.S. sanctions.

20.9 U.

S. government users. The Services are “commercial items” as defined in FAR 2.101. U.S. government end users acquire only the rights set forth in these Terms.

20.10 Contact.

Harmoney Financial Technologies, Inc. Email: info@inharmoney.xyz Website: inharmoney.xyz