Last Updated: September 11, 2018
Sabius, LLC (referred to in this Agreement as “Sabius,” “we,” “us,” or “our”) provides a service (the “Service”, “Our Service,” “Application,” or “Our Application” ) that enables a convenient way for Freelancers, Self-Employed, and 1099 Workers to transfer money from your business bank account or financial institution to the IRS (United States Treasury Department) for estimated income tax payments (“tax payments,” “income tax payments,” or “obligated tax payments”) . We refer to any of our partners, any business bank accounts and financial institutions that are accessed or partnered with Sabius as “Network Financial Institutions.” For purposes of this User Agreement and the Service you are using, “Network Financial Institution” and “Payments Partner” may be a third party or service that we license or contract with, and may or may not be an actual bank or financial institution depending on the type of service being utilized within our service.
Sabius will not send money using the Service with a bank account held at a financial institution that is not approved by a Payments Partner or a Network Financial Institution itself (as defined above).”
When you send money using the Service with our Payments Partner or at a bank account held at a Network Financial Institution (described above), the terms of the “Sabius User Service Agreement” found in the agreement below apply.
Sabius User Service Agreement
Description of Services
b. When you use the Service, it will at all times be governed by the terms and conditions of this User Agreement. When you use the Service, it is also subject to the terms and conditions of the agreement between you and your business bank account and/or financial institution. When a conflict between this User Agreement and the agreement between you and your financial institution arises, the terms of the agreement with your bank account or financial institution will govern. Examples include, but are not limited to, fees your financial institution may charge similar to what is outlined in the Section below titled “Fees,” or limits on the money that you may send or transfer as outlined in the Sections titled “Limitations on Transfers; Send Limits.”
Eligibility for Registration of a User Profile; Amendments to this User Agreement – To become a registered User, you must (1) register with a U.S. address, and (2) have a U.S. business checking or savings account, and (3) a Social Security Number (SSN) or Business Tax ID (EIN). Restrictions may apply. Not all U.S. business checking, savings accounts, and financial institutions are eligible for registration. If we are unable to register your account we will provide you with an email notification instruction you on how to contact our support team for resolution.
*Most major banks and financial institutions are considered a “Network Financial Institution” or “Financial Institution” that we either work with, partner with, or contract with service providers to access information. More and more banks are being added, so if you are unable to create an account, you may be able to in the future. Please contact email@example.com if you are experiencing issues creating a user profile and account.
When you apply or register to use the Service or when you permit others who have been delegated to act on your behalf to use or access the Service, you explicitly agree to the terms and contingencies of this User Agreement.
You represent that (1) you are at least 18 years of age, (2) you have the authorization to approve debits and credits to the registered bank account, and if applicable, (3) you are the authorized holder of the registered bank account. You, the user, agree that you will use the Service to send only estimated tax payments, and you will not be using the Service to send payments or make transfers for any court orders (including court-ordered payments or transfers for alimony or child support), any local, state, or government fines, any payments to settle loan (traditional or non-traditional), any gambling debts or any payments otherwise prohibited by law, including but not limited to, the prohibited uses described in Section 3 of this User Agreement. We have the right to cancel or terminate your use of the Service if we think that you are acting in a manner or a way that exposes Sabius and our partners or a Network Financial Institution to any liability, reputational harm or brand damage.
When you register with Sabius, you may establish one profile that will be linked to one business bank account. Users enrolling with a bank account at a Network Financial Institution may be able to access the Service by using the Sabius application; however, your financial institution may require you to use its online or mobile application to verify your account identity to access the Service. If you attempt to enroll in the Sabius application with a bank account at a Network Financial Institution that requires account verification of the Service through the financial institution’s online or mobile application, we route you to your financial institution’s online or mobile application during your enrollment. Your account verification may also require the deposit of ‘micro-transactions’ which are small monetary amounts that are used to validate your bank account.
If you are registered for the Service on the Sabius application and your financial institution’s online or mobile
When you send money with the Sabius application, it will appear in the activity log of the Sabius application, and it will appear in the activity log of your financial institution’s online or mobile application. Transfer of money will show on both the Sabius application and your financial institution’s online or mobile application as “pending” or “in process” until the funds have been completely transferred and/or approved.
Subject to applicable law, Sabius may change or alter this User Agreement (this includes any applicable fees and service charges), in its sole discretion, by posting the updated terms on the Sabius mobile app and at Sabius.io (each referred to both individually and collectively as, the “Site” or “Application”). Please access and review this Service Agreement regularly. If you find the User Agreement unacceptable to you at any time, cancel your profile and registration with Sabius and immediately discontinue your use of the Services. Your continued access of the Sabius application or use of the Services after any revision, alteration or adjustment to the terms and provisions of this User Agreement shall constitute your agreement and acceptance to such amendment, modification or change.
Prohibited Uses – The Service is intended for Freelancer, Self-Employed, and/or 1099 Worker’s business use to send Estimated Tax Payments to the IRS (US Treasury) for their obligated tax payments for the current calendar year, not for personal use or to pay tax installments or previous tax liabilities or agreements. You acknowledge that you will not use the Service to send payments in connection with your personal money accounts and/or funds related to W-2 employment or W-2 tax obligations. We maintain the right to decline your registration if we believe that you are registering to use the Service with your personal account or to send personal payments. We also reserve the right to suspend or terminate your use of the Service if we discover or presume that you are using the Service for personal purposes, or for any unlawful purpose whatsoever.
Your Consent to Share Personal and Account Information – By accepting this Service Agreement, you consent to Sabius’ disclosure of your personal information (including bank account information) to our Network Financial Institutions or other third parties for the following purposes:
- As required to resolve an issue related to a transfer or payment between you and the IRS (US Treasury) or the recipient;
- As necessary to resolve a problem related to a transfer or payment between you and the IRS (US Treasury);
- To confirm the validity of your bank account or financial institution;
- To comply with court orders or government agencies;
- To our affiliates and partners, as permitted by law;
- To verify your identity for purposes of compliance with applicable laws, including without limitation the USA PATRIOT Act;
- To comply with requests in connection with fraud prevention;
- For general business purposes, including but not limited to data analysis and audits;
or Asotherwise authorized by the terms of our Privacy and Terms of Service.
You agree that if you register for the Service, Sabius may use the information that you grant us to access your bank account information to aid payment transactions on your behalf to the IRS (US Treasury) for estimated tax payments.
Except as otherwise provided above, Sabius will neither disclose nor share any of your personal information with Network Financial Institutions, affiliates or any third party for purposes of marketing their or Sabius’ products or services to you.
Privacy and Information Security – Sabius makes security and the protection of your information a top priority. You can access Sabius’ Privacy and Information Security Notice at https://sabius.io/privacy-policy, which Privacy and Information Security Notice is incorporated into and made a part of this Service Agreement by this reference.
Registering with Sabius – To participate in the Service as a User, you must first register with Sabius. You must provide Sabius with an email address that you regularly use and intend to use regularly (i.e., no disposable email addresses), the current mailing address that best matches your Social Security Number (SSN) or Business Tax ID (EIN) associated with your last US Tax Return (ex.1040 Form), your Social Security Number (SSN) or Business Tax ID (EIN) associated with your current business for the current year or last US Tax Return (ex. 1040 Form), and your date of birth. This information is required so that we ensure your tax payments can be allocated to your account with the IRS (US Treasury) and your account only.
You must register for the Service from your mobile device. It is recommended that you use your own personal mobile device to avoid exposure of personal data, passwords, or information.
Sabius requires you sign up using an email address to generate a username and to create a password that meets the minimum security requirements described on our Site or within the application for access to the Service. At registration, Sabius will collect information from you necessary to assist in verifying your identity as best as possible and to mitigate fraud on our platform and to comply with applicable laws. Sabius will do it’s best to protect you, itself, the Network Financial Institution, and our Payments Partners, but cannot guarantee that someone is engaging in fraudulent behavior without your consent. We can also not guarantee that the prevention measures used by our Network Financial Institutions or Payments Partners will mitigate or eliminate attempts or acts of fraud. If you believe you have been registered for the service without your knowledge or proper approval, please contact us immediately at firstname.lastname@example.org and contact your financial institution or bank immediately.
Sabius also may request additional information about you from time to time. Sabius may cancel or suspend your registration or block a transaction if you do not provide this information, if Sabius cannot verify your identity with the information you provide, or if Sabius has concerns about fraud or security.
Once registered, you may authorize a credit of your bank account to send money to the IRS (US Treasury).
Consent to Emails and Automated Text Messages – By engaging as a User, you represent to Sabius that you are the owner of the email address and/or another alias you enrolled, or that you have the authorized legal authorization to use and act on behalf of the owner of that email address and/or another alias to send money as described in this User Agreement. You consent to the receipt of emails or text messages from Sabius and the Network Financial Institutions or their agents regarding the Services or related transfers between Network Financial Institutions and you. You agree that Sabius, the Network Financial Institutions, or their respective agents and Partners may use automatic telephone dialing systems in conjunction with text messages sent to any mobile phone number you register.
You further acknowledge and agree:
a. You are liable for any fees or other costs that your wireless carrier may charge for any related data, text or other message services, including without limitation for short message service (SMS). Please be sure to check your mobile service agreement for details or applicable fees.
b. You will notify us immediately if any mobile phone number or email address you have designated with your account is (1) surrendered by you, or (2) altered by you.
c. In the event of any messages that you may send through Sabius or that Sabius may send on your behalf to a user or phone number, you represent to Sabius that you have collected from the recipient of such correspondence consent to send those emails or text messages. You understand and consent that any emails or text messages that Sabius sends on your behalf may include your name.
d. Your wireless or mobile carrier is not liable for any delay or failure to deliver any message sent to or from Sabius, including messages that you may send through Sabius or that Sabius may send on your behalf.
e. To cancel text messaging from Sabius, contact Sabius customer service at email@example.com.
Sending Money; The application will automatically send money or payment, based on your settings and how you use the service. You may also send money at your initiation of the Service where applicable. You understand that you have the right and ability, within the application and the service, to increase and decrease future payment amounts, and to preventively stop and pause future payments. This is a different ability and option that you have as a user than stopping a payment or transfer request that has already been made by one of our Network Financial Institutions or Payment partners, which is outlined in this section of this User Agreement. You agree that use of this Service by you shall at all times be subject to (1) this User Agreement, (2) your express authorization for a Network Financial Institution or Payment Partner to initiate a check, digital check, credit and/or debit entry to your bank account, and (3) the terms and provisions of your account agreement with your financial institution or bank. You understand that when (or after) you or the service sends a request for a payment or request to transfer money, you may have a limited, or no ability to stop it, depending on its progress, and that Sabius, not it’s partners, will assist you in managing your request. You explicitly agree to submit any of these requests to Sabius in a timely manner to ensure we handle your request approval and you comply that submission of the request in an untimely manner may affect the outcome or your request and our ability to stop a payment.
In most cases, when you are sending money, a standard ACH transaction will take 3-4 (three to four) business days, or if you are sending money through one of our Payments Partners the transfer will typically occur within 1 (one) to 2 (two) business days, or in some cases the transfer may occur on the same day or within minutes; however, there are circumstances when the payment may take longer. For example, to protect you, Sabius and the Network Financial Institutions and our Payment Partners, we may require additional time or measures to verify your identity or the bank account or financial institution. If you are transferring money to someone who has not registered as a User with Sabius, our Partners, or a Network Financial Institution, the transfer may take up to three (3) to four (4) days from the day the intended recipient responds to the payment notification by registering as a User. You understand and acknowledge that a person, business, or entity to whom you are sending money and who is not registered as a Sabius User may fail to register with Sabius, or otherwise ignore the payment notification, and the transfer may not occur.
The money may also be delayed, or the transfer may be blocked by Sabius to prevent fraud or comply with regulatory requirements. If Sabius delays or blocks a transfer that you have initiated, Sabius will inform you based on your notification preferences (email, text message, and/or in-app notification). If you have opted to receive notifications through Sabius’ mobile application, Sabius may send you both an in-app notification and an email to inform you that a payment that you initiated has been delayed or blocked.
Sabius has limited, and in some cases, no control over the activities of other Users, our Partners, the Network Financial Institutions or any other financial institutions that could delay or prevent your money from being delivered to an intended User and/or account/recipient.
Liability for Sending and Receipt of Funds/Money – You understand that Sabius is responsible for providing all customer support in relation to your use of the Service. Any issues, disputes, or claims are to be directed to
Neither Sabius, it’s partners, nor the Network Financial Institutions it works with shall be responsible or liable for any typos or keystroke errors that you may make when using the Service or application. YOU UNDERSTAND AND COMPLY THAT YOU ARE SOLELY RESPONSIBLE FOR ENTERING THE CORRECT EMAIL ADDRESS AND IDENTIFICATION INFORMATION FOR THE PERSON OR BUSINESS THAT YOU ARE SENDING MONEY FOR, THAT YOU HAVE ENTERED THE PROPER INFORMATION (INCLUDING BUT NOT LIMITED TO YOUR ANNUAL REVENUE PROJECTIONS, ESTIMATED EXPENSES, TAX FILING STATUS, NUMBER OF DEPENDENTS AND SO FORTH) AND THAT YOU, NOT SABIUS OR THE NETWORK BANKS, ARE RESPONSIBLE FOR ANY AMOUNTS OF MONEY THAT IS TRANSFERRED TO THE IRS (US TREASURY) ON YOUR BEHALF WHETHER THAT IS A RESULT OF YOU ENTERING THE CORRECT OR INCORRECT DATA AND/OR INFORMATION. COMPLETE INFORMATION ON ESTIMATING YOUR TAX OBLIGATIONS CAN BE FOUND ON THE INTERNAL REVENUE SERVICE WEBSITE. YOU UNDERSTAND AND COMPLY THAT IF YOU ARE NOT AWARE OF HOW TO ESTIMATE YOUR TAX LIABILITY YOU SHOULD NOT BE USING THE SERVICE.
You acknowledge that neither Sabius, it’s partners, nor the Network Financial Institutions shall have any liability for your negligence to comply with the terms and conditions of your account agreement with your financial institution, the laws set forth by the US Government, IRS, Treasury Department, any State
SABIUS IS INTENDED FOR ASSISTING USERS WITH SENDING MONEY ON THEIR BEHALF FOR THEIR ESTIMATED TAX PAYMENTS TO THE IRS (US TREASURY). YOU ACKNOWLEDGE THAT SABIUS IS NOT A FINANCIAL INSTITUTION, FINANCIAL ADVISOR, TAX ADVISOR, ACCOUNTING FIRM, CERTIFIED PUBLIC ACCOUNTANT, LAW FIRM, LEGAL SERVICES FIRM, OR PROFESSIONAL ACCOUNTING SERVICE. WE RECOMMEND THAT YOU DO NOT USE SABIUS IF YOU ARE UNSURE OF YOUR LEGAL AND FEDERAL RESPONSIBILITIES WHEN IT COMES TO INCOME TAX, QUARTERLY TAX ESTIMATES, AND TAX OBLIGATIONS, AND THAT YOU ALWAYS CONSULT WITH A LEGAL OR TAX PROFESSIONAL WHEN MAKING ANY FINANCIAL DECISION. YOU AGREE THAT YOU, NOT SABIUS OR THE NETWORK FINANCIAL INSTITUTIONS, ARE RESPONSIBLE FOR RESOLVING ANY PAYMENTS, LIABILITIES, OR OTHER DISPUTES THAT YOU HAVE WITH ANY OTHER ORGANIZATION OR INSTITUTION THAT YOU SEND MONEY TO USING THE SERVICE. MORE INFORMATION ON TAXES CAN BE FOUND AT IRS.GOV.
By accepting this Service Agreement, you agree that you are not engaging in the business of resolving any type of owed debt, previous years tax liabilities or legal obligations by attempting to use the Service to send payment for collection of an overdue or delinquent debt and/or payment of tax installment plan. YOU UNDERSTAND AND COMPLY THAT SABIUS, AND THE SERVICE IS NOT FILING ANY TAX RETURNS OR ANY TAX FILING FOR YOU PERSONALLY OR YOUR BUSINESS.
You agree to send money requests to others and to only send requests for legitimate and lawful purposes. Requests are solely between the sender and recipient and are not reviewed or verified by Sabius or the Network Financial Institutions. Neither Sabius, it’s partners, nor the Network Financial Institutions assume liability for the exactitude or legality of such requests and are not acting as a debt collector on your behalf or behalf of the recipient of any money or funds sent in any capacity. We reserve the right, but assume no obligation, to stop your ability to send payments or money in general, or to particular recipients, if we deem such requests to be potentially unlawful, abusive, offensive or unwelcome by the recipient.
Limitations on Transfers and Payment Limits – As a customer of one of our partners or a Network Financial Institution, the limit on the amount of money you can send using the Services is subject to the terms and conditions the account agreement with your bank or financial institution. You understand and agree that your financial institution sets the limit on the amount you can send when using the Service on the Sabius application. This limit may be different than the limits applicable to you if you use the Service through your financial institution’s mobile app or website, and may be adjusted from time to time. If your transfer exceeds a limit, you will be informed of the allowable amount you can transfer at that time.
Transaction Errors – ALL QUESTIONS ABOUT TRANSFERS FACILITATED BY SABIUS SHOULD FIRST BE DIRECTED TO SABIUS. YOU CAN CAN ACCESS SUPPORT THROUGH THE HELP LINKS WITHIN THE APPLICATION, OR EMAIL ADMIN@SABIUS.IO. NEXT, YOU SHOULD THEN CONTACT THE FINANCIAL INSTITUTION WHERE YOU HOLD YOUR ACCOUNT.
We will not send you a periodic statement listing transfers facilitated through Sabius, but you can access reporting and transaction data through the application for your own reference and record keeping. Transfers and payments will also appear on the statement issued by your financial institution or within their respective online account or mobile application. PLEASE BE SURE TO MONITOR THE RECORDS FROM YOUR USE OF THE SERVICE AND CHECK THEM AGAINST THE TRANSACTIONS AND STATEMENTS YOU RECEIVE FROM YOUR FINANCIAL INSTITUTION.
In the event of errors or you have inquiries or questions about your transactions facilitated through Sabius, please contact us by e-mail at firstname.lastname@example.org. We must hear from you no later than 90 days after you received the first statement from your financial institution or receipt upon which the problem or error appeared. You understand that Sabius hosts a centralized database of information to assist and help facilitate transfers, but neither initiates nor processes payments or transfers directly.
- Provide us with your name and the email address or mobile phone number you registered with Sabius.
- Provide information on the error or the transfer you are uncertain about and describe as clearly as you can why you believe the error occurred or why you need more information.
- Tell us the dollar amount of the suspected error.
- Sabius manages a database of information and through the Service provides the Network Financial Institutions and our partners with necessary data and details to facilitate the transfer of money (“payments”); however, Sabius neither transfers nor moves the transfer or movement of money. Sabius will determine whether there is an error in the database or whether an error occurred in the delivery of a transfer or payment related to the transaction and will correct any error promptly if necessary. If Sabius determines that no error occurred in the database or the transfer, then Sabius will work with the Network Financial Institution or partner that initiated the transfer to assist with the examination of your claim. We will decide whether an error occurred within ten (10) business days after we hear from you and will work to repair any error promptly.
- We will notify you of the results within three (5) business days after completing our investigation. If we decide that an error did not occur, we will send you a written explanation detailing our findings. You may request documents that we used in our investigation at any time.
- For this User Agreement, “business days” means Monday through Friday, excluding federal banking holidays.
Your Liability for Unauthorized Transfers – Please immediately contact Sabius at email@example.com if:
- YOU BELIEVE THAT YOUR SABIUS ACCOUNT, OR PASSWORD HAS BEEN COMPROMISED, STOLEN OR A TRANSFER OR PAYMENT HAS BEEN MADE FROM YOUR BANK ACCOUNT WITHOUT YOUR PERMISSION.
- You need more information about a money transfer using the Service or information on how to pause or stop payments.
- An unauthorized person has discovered your Sabius password and may divert money from your account in a wrongful manner.
IF YOU THINK THAT THE SERVICE HAS BEEN USED TO MAKE AN UNAUTHORIZED PAYMENT OR TRANSFER FROM YOUR FINANCIAL INSTITUTION OR BANK ACCOUNT, OR IF YOUR BANK STATEMENTS OR TRANSACTION RECORDS SHOW AN ERROR IN A TRANSFER USING THE SERVICE, THEN YOU SHOULD CONTACT YOUR FINANCIAL INSTITUTION IN ADDITION TO SABIUS. FAILURE TO NOTIFY YOUR BANK OR FINANCIAL INSTITUTION DIRECTLY AND IMMEDIATELY MIGHT LIMIT YOUR RIGHTS UNDER YOUR ACCOUNT AGREEMENT AND APPLICABLE LAW.
You will always have the ability to turn off the Service through the mobile application or pause the payments at any time. Immediate contact is the best way of keeping your possible losses down. Because you are authorizing the Service to facilitate transfers on your behalf, from your bank account, you are aware and agree that you are fully responsible for all payments sent or transferred from your bank account. You acknowledge that once you start the Service it will run and facilitate transfers daily until you a) pause the payments through the mobile application, b) stop the payments through the mobile application, or c) contact support at firstname.lastname@example.org to pause, cancel, or stop the service.
Liability for Failure to Complete Transfers – Sabius and our Network Financial Institutions and Partners have no liability for your losses or damages:
- If, through no fault of Sabius, the sender does not properly complete the transfer to your account.
- If, through no fault of Sabius, your account does not contain sufficient funds to make the transfer and the transfer would exceed any credit line or any overdraft protection for such account.
- If, through no fault of Sabius or the Network Financial Institutions, the organization, business or individual that you are sending money fails to receive the transfer or payment.through no fault of Sabius or the Network Financial Institutions, the organization, business or person that you are sending money to does not receive the payment.
- If the Services or Network Financial Institution’s services weren’t working properly, and the sender knew about the malfunction when the sender-initiated the payment or transfer.
- If the financial institution or bank holding your account mishandles or delays processing or posting a transfer facilitated by the Services.
- If circumstances beyond our control (such as fire, flood, power outages or disruptions of cellular service) limited or caused delay to the payment or transfer, despite reasonable precautions, we’ve taken.
The list of instances set out in this Section is meant to illustrate conditions under which Sabius would not be liable for a transfer not being completed or delayed and is not intended to represent an exhaustive list all of the circumstances where Sabius would not be liable.
Correcting or Updating Your Account – THIS SECTION APPLIES TO YOU AS A CONSUMER OR USERS OF A FINANCIAL INSTITUTION THAT IS CONSIDERED A NETWORK FINANCIAL INSTITUTION OR NETWORK PARTNER AND YOU HAVE REGISTERED IN THE SERVICE WITH YOUR BANK ACCOUNT, NOT YOUR DEBIT OR CREDIT CARD. If your financial institution or bank provides a Network Financial Institution with changes to your bank account information, the Network Financial Institution may provide Sabius with the updated information. You agree that Sabius may revise your account information in its User database punctually upon receipt of the updated data from the Network Financial Institution or Partner without further notice to you. In the event of a password change or change in your choice of a banking provider or online banking application, this may also require you to update your account info through the application via your financial institution or bank account.
Fees – Sabius charges either a flat rate fee monthly or annually for your use of the Service. However, Sabius reserves the right to charge additional fees in the future for any current Services, and Sabius may create or develop new uses or other services for Users, and additional fees may apply for such other uses, features, or services. Sabius will notify you in advance of any fees in accordance with Section 2 above. Any fees charged by Sabius, when applicable, will be displayed prior to each use of Services. Please note that Sabius has no responsibility for any fees incurred by your financial institution or your mobile carrier which may arise in connection with your transactions through Sabius.
Use of Our Site and Mobile Application – You agree to access the Sabius Site, application, and use of Services through the mobile application in compliance with our Terms of Service, which are available at Sabius.io/tos and are incorporated into this User Agreement by this reference.
Canceling Your Account or Subscription – You may cancel or terminate your use of the Service at any time by notifying Sabius of your intent to cancel by calling emailing us at email@example.com OR submitting a support ticket here: https://sabius.io/docs. Canceling your use of the Service means Sabius will deactivate your profile and your account on our Site, and the email address, login, or mobile phone number that you registered will no longer be eligible to send money through the Service. At the time you instruct Sabius to cancel your use of the Service, any transfers in process using the Service will be completed from your bank account that was associated with your profile, but no new transfers will be initiated to or from that bank account through Sabius. You must re-enroll with Sabius, if you wish to continue use of the Service.
Sabius Right to Terminate Access – Subject to applicable law, Sabius may terminate or suspend this Service Agreement and your use of the Sabius Site, mobile application, and Service, in full or in part, at any time for any reason without cause and prior notice. Any and all liabilities or obligations incurred by you before the date of termination shall survive the termination of this Service Agreement.
Disclaimer of Warranties – USE OF THIS SITE AND OUR APPLICATION AND SERVICE IS AT YOUR OWN RISK. THE SITE, THE APPLICATION, AND ALL THE ELEMENTS, INFORMATION, SOFTWARE, CONTENT, SERVICES AND OTHER CONTENT WITHIN THE SITE ARE PROVIDED “AS IS” AND “WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE PURSUANT TO APPLICABLE LAW, THE WEBSITE, SABIUS, ITS PARENT COMPANY, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF SABIUS (“SABIUS, LLC”) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED AND NON-INFRINGEMENT. SABIUS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE OR APPLICATION WILL BE ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, THAT ERRORS, BUGS OR DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE SITE ACCESSIBLE AND AVAILABLE ARE FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS. SABIUS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SABIUS MAKES NO GUARANTEES THAT YOUR USE OF THE MATERIALS OR CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE WEBSITE OR ANY WEBSITE WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF OTHERS AND SABIUS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT SUPPORT OR ALLOW FOR THE EXCLUSION OF ANY/ALL OF THE AFOREMENTIONED IMPLIED WARRANTIES TO APPLY TO YOU, THEY WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
ALL RIGHTS, OBLIGATIONS, AND AGREEMENTS OF SABIUS AND ANY SABIUS CUSTOMER CONCERNING ANY SABIUS TECHNOLOGY, PRODUCT, OR SERVICE WILL BE SUBJECT TO THE TERMS OF A DEFINITIVE CUSTOMER, USER AGREEMENT, OR SERVICE AGREEMENT EXECUTED AND GIVEN BY THE PARTIES TO THAT AGREEMENT. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS AND THE CUSTOMER SERVICE AGREEMENT, THE CUSTOMER SERVICE AGREEMENT WILL CONTROL.
Indemnification – You certify and agree that you are personally and solely responsible for all of your federal tax liabilities to the U.S. Government, the IRS (US Treasury), any State and Local tax obligations, and your conduct while using the Sabius Service, and except as contrarily provided in this User Agreement, you also consent to indemnify, defend and hold harmless Sabius, its directors, officers, agents, owners, and Network Financial Institutions from and against all losses, expenses, damages, claims, and any costs (including, but not limited to, immediate, incidental, direct or consequential, exemplary and indirect damages), and reasonable legal fees or attorney’s fees resulting from or arising out of your use, misapplication, or inability to use the Service, or any violation by you of the terms of this Service Agreement.
Severability; Governing Law/Choice of Law – The Sabius Service and User Agreement will be governed by and interpreted under the laws of the State of Pennsylvania, excluding only its conflict of law provisions, and shall inure to the benefit of Sabius’ successors and assigns, whether by merger, consolidation or otherwise. By using the Site and mobile application, or our Service you at this moment submit to the sole jurisdiction of the courts within the State of Pennsylvania and waive any jurisdictional venue or forum objections to such courts. You also agree to remain compliant with any applicable federal, state and local laws in your use of these Services. If any of the terms of this User Agreement is determined to be unenforceable for any reason by a court of competent authority, that stipulation will be deemed to be restated to reflect as closely as possible the original purposes of the parties under applicable law. The remaining terms of this User Agreement will not be affected, and each of those provisions will be valid and enforceable to the full extent allowed by law.
Miscellaneous – Subject to the terms of this Service Agreement, the Service is usually available 24 hours a day, seven (7) days a week except for outages for maintenance and circumstances beyond the control of Sabius and the Network Financial Institutions. Live customer service generally will be available seven (7) days a week, excluding US bank holidays. Please consult the Sabius Site for exact customer service hours.