Terms and Conditions of Use

The following Terms of Use ("Terms of Use") govern the use by any user ("User", "you", "yours") of the Nave Bank Platform (hereinafter, “Platform”) located at www.navebank.com or substitute page ("Page").

1. Agreement to Terms of Use; Notice

This is an agreement between you and Nave Bank (or one of its subsidiaries or affiliates) (hereinafter “Nave”). Your use of the Platform is governed by these Terms of Use as amended from time to time, which may be found at www.navebank.com. Each time you use the Platform, you acknowledge that you have read, understood and agreed, without limitation or qualification, to be bound by the Terms of Use as it then reads. If you do not agree with each provision, you may not use the Platform.

Please read these Terms of Use carefully. By accessing this Platform and any pages thereof, you agree to be bound by the Terms of Use below. If you do not agree to the Terms of Use below, do not access this Platform, or any pages thereof.

2. Ownership of Platform

The Platform is owned and operated by Nave and its affiliated companies.

3. Use of Platform

The Platform and the services provided are not intended for children under the age of thirteen (18. Consequently, Nave does not encourage children under the age of thirteen (18) to provide their personal information. In order to access and use the Platform, you need to (i) be 18 or older, or (ii) be legally emancipated with the capacity to contract (in any event 16 years of age or older) to consent to these Terms of Use; and you must have the power to enter a binding contract with us and not be barred from doing so under any applicable laws of the Commonwealth of Puerto Rico.

The Platform and the services provided are not intended for persons or Countries with economic sanctions, by the Office of Foreign Assets Control (OFAC), including countries with a government structure engaged in activities related to the production and proliferation of weapons of mass destruction; specifically, “designated” persons such as international terrorists, drug traffickers and organizations that may represent a threat to the security, economy, and safety of the United States.

By accessing the Platform you certify that you are not on any United States Government list of prohibited or restricted parties and that you are not attempting to access to the Site from any country under sanctions by the Office of Foreign Assets Control (OFAC).

4. Availability of Platform

We will try to make the Platform available but cannot guarantee that it will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You acknowledge that your use of, or access to, the Platform may be subject to interruption or delay.

5. Security and Accounts

All information received by you from your use of the Platform will be used by Nave in accordance with its Commercial Privacy Policy. In order to access the Platform, you will be required to open an account (including setting up a username and password). You are encouraged to choose a strong and unique password for your account, consisting of a combination of uppercase and lowercase letters, numbers, and special characters. We recommend avoiding easily guessable information such as names, birthdates, or common dictionary words. You should regularly update their password to maintain account security and protect against unauthorized access.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. We cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from computer viruses, malware, system failure, delay, interruption, interception or error. Nave will use reasonable precautions to protect confidential information and provide suitable security to users.

As a user of the Platform, you decide whether to provide your personal identifying information to us. However, if you do not provide certain required information, you may not be able to complete online transactions or access and use certain Nave products and services. Nave will indicate which information is mandatory and which information is optional.

You are responsible for keeping your contact information up to date, including your email address and phone number, in order to receive any notices or alerts that we may send you. The services provided to you through the Platform may involve the electronic transmission, (including via any e-mail address, text messages and automated phone calls on the number (carrier charges might apply) you provide to us), of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.

We assume no responsibility for any loss that you may sustain due to the compromise of your account login credentials and/or your failure to follow or act on any notices or alerts that we may send to you. Nave will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree not to obtain or attempt to obtain unauthorized access to the Platform through any means not intentionally made available to you by Nave. You will not decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify any portion of the Platform, or use the Platform to develop similar functionality. Additionally, you will not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, programs, algorithms, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.

You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Nave’s systems or networks, or any systems or networks connected to the Platform or to Nave. You will not forget HTTP headers of any page of the Platform or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Nave or others on or through the Platform. You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You agree that you will not probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You also agree that you will not reverse lookup, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of Nave, including any Nave account not owned by you. This includes not reversing to its source or exploit the Platform or any service made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to, personal identification or information, other than your own information, as provided for by the Platform.

We reserve the right to bar any such activity and to discontinue electronic access to your account at any time. We further reserve the right to modify the information contained on the Platform or modify the availability of any transactions at any time. We may immediately and without notice terminate your ability to access your Account information if you violate the conditions of use stated herein or if you endanger the use of the services provided through the Platform.

This Platform is not intended as a solicitation in any jurisdiction in which Nave or any of its subsidiaries is not authorized or is prohibited by the laws of the United States from transacting business.

6. Transactions through the Platform

You may be able to conduct certain transactions through the Platform, including, but not limited to, the ability to transfer funds among accounts and make payments. By using the Platform to gain access to your account or other personal information, you consent to the electronic transmission of that information. You can only execute transactions, or obtain personal account information, by following the instructions stated within the appropriate log-in section of the Platform.

You may be able to: (a) upload content to the Platform via your mobile device; (b) browse the Platform from your mobile device, desktop computer or tablet; and/or (c) access certain features you have downloaded and installed on your mobile device, desktop computer or tablet. When using the Platform to execute transactions, problems may occur that are beyond Nave’s ability to correct.

Access to the Platform may be limited or unavailable during periods of peak demand, system upgrades, maintenance or other reasons, as stated in Section 4 of these Terms of Use. If you are not able to complete your transaction due to a system failure; fail to receive written confirmation of a transaction or its execution, if applicable; or receive confirmation of a transaction you did not request, you must contact Nave immediately. Nave will not assume responsibility for such system failures and errors.

The products and services described, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations. Eligibility for products and services is subject to final determination by Nave and/or its affiliates.

To obtain additional information about our products and services, please contact us at 787-802-8282 or via email at help@navebank.com

7. No Offers

This Platform does not constitute an offer or solicitation for the sale of any product or service in any jurisdiction where we are not licensed to conduct business. No product or service is offered or will be sold in any jurisdiction in which such an offer or solicitation would be unlawful under the laws of the jurisdiction.

To obtain additional information about our products and services, please contact us at 787-802-8282 or via email at help@navebank.com

8. Intellectual Property Rights

Images posted on the Platform are the exclusive property of Nave. Unless otherwise noted, all content included on this Platform, including (but not limited to) images, illustrations, designs, icons, photographs, logos, sounds, music, artwork and video clips, written material, computer code and other materials, is the property of Nave or its suppliers, partners, or affiliates and is protected under applicable state and federal laws.

All trademarks, trade dress, service marks (whether registered or unregistered) and respective designs and/or logos on this Platform are the exclusive trademarks and/or registered trademarks of Nave. The trademarks, trade dress and service marks of Nave may not be copied, downloaded, imitated, or used, in whole or in part, without prior written permission of Nave.

Nave Business Loan, Nave Business Term Loan, Nave Business Savings Account, Nave Business Account among others, are service marks of Nave. You may not include the Nave name, any mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between the Platforms, Nave or any affiliate and any other site, person, entity or organization. Unauthorized use may violate trademark and other laws.

No part of the Platform may be modified, copied, reproduced, republished, downloaded or uploaded, sold, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, without prior written permission of Nave.

9. Jurisdiction; Governing Law

We operate the Platform in accordance with the laws of the Commonwealth of Puerto Rico. We do not represent that the Platform is appropriate or available for use in other locations. Access from certain locations may be strictly prohibited. Those who access the Platform do so on their own initiative and are responsible for compliance with all applicable local laws. The laws of the Commonwealth of Puerto Rico will govern any claims relating to the information contained on the Platform.

These Terms of Use are governed by the laws of the Commonwealth of Puerto Rico. You recognize, accept and agree that the courts of the Commonwealth of Puerto Rico will have exclusive and personal jurisdiction to resolve any matter or dispute that may arise concerning the validity, effectiveness, interpretation, or performance of, or the legal relationships established by these Terms of Use or otherwise arising in relation to the use of the Platform, and for those purposes irrevocably submit to the jurisdiction of the courts of the Commonwealth of Puerto Rico.

10. Disclaimers

EXCEPT AS PROHIBITED OR LIMITED BY LAW, YOUR USE OF THE PLATFORM, ANY CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. NAVE DOES NOT PROMISE THAT THE PLATFORM OR ANY CONTENT, SERVICE OR FEATURE OF THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE PLATFORM WILL PROVIDE SPECIFIC RESULTS. THE PLATFORM AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

WITHOUT LIMITING THE FOREGOING, NAVE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR CONTAMINATION, DESTRUCTIVE FEATURES OR OTHER HARMFUL CODE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINST NAVE FOR DISSATISFACTION WITH THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THESE TERMS OF USE.

11. No Unlawful or Prohibited Use

As a condition of your use of the Platform, you warrant and agree to Nave that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

You may not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the it or to any Nave server, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means. You warrant and agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

12. Limitation of Liability

IN NO EVENT WILL NAVE, ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM, ANY CONTENT ON THE PLATFORM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification

You agree to release, defend, indemnify and hold harmless Nave, its affiliates, employees, agents, officers or directors from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of these Terms of Use, or any warranty you provide herein, or otherwise arising in any way out of your use of the Platform. You agree to cooperate fully with Nave in asserting any available defenses in connection with a claim subject to indemnification by you under these Terms of Use.

14. No Legal or Tax Advice

The information on the Platform is not intended to address your particular requirements. The information provided is not written or intended as specific tax or legal advice and may not be relied on for the purpose of avoiding any State or Federal tax penalties. Nave, its employees and representatives are not authorized to give tax or legal advice. Individuals are encouraged to seek advice from their own tax or legal counsel.

15. Modifying/Terminating Services

Nave reserves the right to modify, update or discontinue our services, or any features or position thereof, without prior notice. You agree that we can suspend or terminate your right to access our services at any time for any reason without notice, obligation or liability to you.

16. Privacy

Nave has developed a Commercial Privacy Policy to inform you of its practices with respect to the collection, use, disclosure and protection of your information. You can find the Commercial Privacy Policy, which is incorporated into this Agreement, on the Platform. By using the Platform, you agree to the terms of the Privacy Policy.

17. Updates

We want to be as transparent as possible about the changes we make to our Terms of Use. We reserve the right to change, modify or otherwise update this policy at any time. Unless otherwise noted, any changes to these Terms of Use will be effective immediately. Your continued use of the services and/or your access to the Platform after such changes indicates you agree and consent to the revised terms. If any changes are material, we may provide you with notice of such changes by posting a notice on the Platform or by other means.

18. Contact Us

If you have any questions regarding these Terms of Use, please contact us at 787-802-8282 or via email at help@navebank.com