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Last updated: January 5, 2023
Welcome, and thank you for your interest in Ampla, LLC (fka Gourmet Growth LLC, “Ampla”, “we”, “our” or “us”) and our website at getampla.com, along with our related websites, networks, applications, mobile applications, and other services provided by us hereunder (collectively, the “Ampla Services”). These terms of use are a legally binding agreement (the “Agreement”) between you (the business that has accepted this Agreement) and Ampla regarding your use of the Ampla Services. Capitalized terms in this Agreement are defined in the glossary at the end of the Agreement.
The Ampla Services are integrated with certain third party servicers, that we call Third Party Servicers. Blue Ridge Bank, Member FDIC (“BRB”) is one of our Third Party Servicers. Deposits in the Ampla Account are held by BRB and insured up to $250,000 by the FDIC. Ampla is not a bank. Ampla works with federally-chartered partner banks to enable banking services.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: when you open a new account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documentation.
PLEASE READ CAREFULLY. BY OPTING TO ACCEPT THIS AGREEMENT OR BY USING THE AMPLA SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE AMPLA PRIVACY POLICY (POSTED AT GETAMPLA.COM/LEGAL). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THIS AGREEMENT OR THE AMPLA PRIVACY POLICY, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE AMPLA SERVICES. YOUR USE OF THE AMPLA SERVICES AND AMPLA’S PROVISION OF THE AMPLA SERVICES TO YOU CONSTITUTE AN AGREEMENT BY BOTH YOU AND AMPLA TO BE BOUND BY THIS AGREEMENT.
Except for certain kinds of disputes described in the Arbitration provision below, you agree that disputes arising under this Agreement will be resolved by binding individual arbitration, and BY ACCEPTING THIS AGREEMENT, YOU AND AMPLA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a single ARBITRATOR and NOT a judge or jury. See the Arbitration provision below.
Ampla will provide the Ampla Services to you for the term of this Agreement subject to the payment of applicable Fees and compliance with the terms of this Agreement. As part of the Ampla Services, Ampla hereby grants to you a non-exclusive, non-transferable, non-assignable right to use the Ampla Services, as per the terms of this Agreement. You acknowledge that the Ampla Services are cloud-based hosted services and no copies of the Ampla Services or Ampla System will be delivered to you. The Ampla Services shall be used by you solely for your own purposes and Ampla does not convey any right, title or interest in the Ampla Services or Ampla System to you. Your right to use the Ampla Services shall terminate upon any termination of this Agreement or any suspension of the supply of the Ampla Services to you or to all users.
The Ampla System, including its source and object codes, documentation (including all descriptive material concerning the functions and technical specifications of the Ampla System, user manuals, technical manuals, and other materials issued to you), appearance, structure and organization, is a proprietary product of Ampla and is protected by copyright and other laws. Title to the Ampla System, and any copy, update, modification or merged portion thereof, shall at all times remain with Ampla. You acknowledge that Ampla expressly reserves the entire right, title and interest in and to the Ampla System, and retains the exclusive right to reproduce, publish, sell, modify, distribute, prepare derivative programs of, and license to other licensees, the Ampla System. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code or utilize any expression of the Ampla System in other than object code form. You shall not alter or otherwise modify the Ampla System. You shall not remove any trademarks, proprietary legends, or copyright notices from the Ampla System, or reproduce, publish, sell, modify, distribute, prepare derivative programs of, or sublicense the Ampla System in any manner. Nothing in this Agreement shall confer or grant to you any Intellectual Property Rights in the Ampla Services or Ampla System.
So long as you are not in breach of this Agreement, you shall be granted a unique and private Account accessible through the Service. The Account shall be a record of your Transactions and Fees. Ampla shall provide you with access codes for the Account. You shall not disclose such codes or permit any third party to use them on penalty of forfeiting the whole of the Account. You assume full responsibility for the use of your Account. From time to time, you will be invited to enter certain preferences and specifications within the Account that will apply to the Ampla Services; you assume exclusive responsibility for such selections even if they contain errors by you, or result in losses to you. Any additional terms and conditions posted to the Site with respect to the Account or specific Ampla Services preferences selected by you are incorporated herein by reference.
An Admin User may be granted administrative rights in your Account, including the right to allow more than one individual User from your organization to access your Account. Where there is more than one User in your Account, you are responsible for all acts and omissions of each individual User. You guarantee that each User shall comply with the terms of this Agreement. Each reference to you in this Agreement shall refer to both you and each of your Users.
Except as required to deliver the Ampla Services or as otherwise required by law, Ampla shall not grant any third-party access to your Account. You shall notify Ampla by email to compliance@getampla.com immediately of any loss or disclosure, whether voluntary or otherwise, of any Account password or access code to a third party. This notification must be made to Ampla by the means outlined below and confirmed receipt by Ampla. Ampla may interrupt or refuse all access and any orders made using this password within one (1) business day following the receipt of the notification.
Ampla shall use commercially reasonable efforts to ensure smooth operation of the Ampla Services for the duration of this Agreement. Ampla shall not, however, have any liability whatsoever to you in the event of any failure or bugs in the Ampla Services, or interruptions of the Ampla Services. When made aware either by you or otherwise, of any error, anomaly, malfunction or bug, Ampla shall respond in the manner it determines to be appropriate, or decide to not respond, in its sole discretion.
During the term of the Agreement, Ampla shall maintain, update or replace the Ampla Services and the Site in such a manner as it determines to be appropriate. Ampla may, but has no duty to, provide new versions of the Ampla Services for you in order to correct errors; improve, develop or adapt the existing version; and add new functions and features.
Ampla does not have the obligation to provide any specific developments or error corrections in the Ampla Services or any such future developments or corrections separately, even if specific developments are provided and used in connection with specific Ampla Services. Ampla reserves the right to modify the Ampla Services at its sole discretion, even if such modifications reduce the functionality of the Ampla Services.
YOU HEREBY AUTHORIZE AMPLA TO, DIRECTLY OR THROUGH THIRD PARTIES, MAKE ANY INQUIRIES AND CONDUCT ANY INVESTIGATION TO VERIFY YOUR IDENTITY. The Ampla Services require certain information concerning you, including but not limited to your name, address, phone number, email address, Bank Account information and other Third Party Servicer account information. You represent that any information you provide to Ampla shall be complete and accurate and you shall promptly correct any errors in the information provided to Ampla.
You grant Ampla the right to collect, store, use and disclose your Data for the limited purpose of providing the Ampla Services and its integration with Third Party Services that you use, or wish to use. To the extent that your Data includes data concerning third parties, you represent that you have obtained the necessary consents for Ampla to collect, process, store such data hereunder from the relevant data subjects. Your Data collected by Ampla is subject to the Ampla Privacy Policy, posted at the Site and incorporated herein by reference. Subject to applicable law, where Ampla is subject to a subpoena request for your Data, Ampla shall provide you with an opportunity to contest the request, failing which Ampla shall cooperate with the request. You hereby consent for Ampla to obtain from BRB, and each other Third Party Servicer whose services are integrated with your Ampla Services Account, information concerning the Bank Account and their respective services in order that such Data can be used by Ampla to assist in the supply of the Ampla Services. Where required by Law, we will disclose your Data to law enforcement agencies.
Ampla reserves the right to keep your Data for the term of this Agreement plus seven (7) years.
You shall use commercially reasonable efforts to secure your Data in your possession or under your control. You assume exclusive responsibility for ensuring the security of your Device and the Data on it. You shall use a password or other security device to lock your Device. You shall immediately notify Ampla of any actual or suspected breaches in the security of Data, whether in your Devices or otherwise. Ampla is not liable for the operation or failure of your Devices or those of any third party, including but not limited to processors, hosting services, internet service providers and other Third Party Servicers. You will not operate your Device in a manner that does not meet the applicable security requirements of Third Party Servicers. You shall be required to use a Two-Factor Authentication control, in addition to your login, to authorize any wire transfers. You agree that this control is an appropriate security procedure, designed to verify the authenticity of wire transfer orders and not to detect errors in transmission.
It is forbidden for you to use the Ampla Services to, directly or indirectly, knowingly or unknowingly assist in any Prohibited Activity or any illegal activity.
The Ampla Services may not be used for individual consumer use. You must be a business, charitable organization or not-for-profit organization to be party to this Agreement and access to the Ampla Services.
The following Persons are prohibited from using the Ampla Services: (i) Persons who appear on the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), Specially Designated Nationals List (SDN); (ii) Persons who are less than 18 years of age; (iii) Persons, or their Affiliates who have procured services from Ampla and have been terminated for cause by Ampla; and (iv) individual consumers.
You shall use the Ampla Services only for good faith Transactions and not for Transactions on behalf of third parties. You shall review Transactions and promptly notify Ampla of any irregularities or actual or suspected unauthorized activity. You shall provide Ampla and, where applicable, the Third Party Servicer, with all of your Data that is necessary for Ampla to carry out a Transaction. Ampla does not have the ability to undo Transactions. Depending on the availability of such services from your Third Party Servicer, Transactions may include, for example, the transfer of Data from you to your Third Party Servicer to initiate an outgoing electronic funds transfer payment or a wire transfer, each from your Bank Account or other account held by you with the Third Party Servicer pursuant to your applicable Third Party Servicer Agreement. You hereby grant Ampla permission to not deliver Transaction Data to a Third Party Servicer where such Data may result, as determined by Ampla or the Third Party Servicer in their sole discretion, in a payment transaction for which your Bank Account or other Third Party Servicer account contains insufficient funds. Ampla offers no guarantee as to the financial results of any Transaction, all of which are the sole and exclusive responsibility of your Third Party Servicers. Ampla makes no representation or warranty as to the accuracy or completeness of any Transaction or other Data all of which is your responsibility. Ampla is under no obligation to monitor the content of Data to, for example, detect fraud by you, Third Party Servicers or other third parties. While certain specific Transaction types are discussed below, there may be other forms of Transactions available from time to time.
Ampla is not party any of your Relationships, being the relationships that give rise to Transactions or your other use of the Ampla Services. You are solely responsible for any Transactions placed through the use of the Ampla Services or other use of the Ampla Services. Ampla shall not be liable for any errors caused by you or interruptions of any hosting company computer systems or communication lines. Where your Relationship or a Transaction relates to the purchase or sale of Product, Ampla has no liability with respect to Product or any third-party supplier thereof.
The Ampla Services are available to you subject to your payment of Fees. Fees are disclosed on the Site, which disclosure is incorporated herein by reference. Ampla may make promotional Fee offers that will not necessarily apply to you. Fees vary depending on the Ampla Services you select. You shall pay Fees and other amounts owing to Ampla no later than fifteen (15) days of the date of the invoice which Ampla provides to you. All Fees and costs are non-refundable. Should you not pay sums owed to Ampla by the agreed upon date, Ampla reserves the right to suspend or terminate the Ampla Services. In addition to suspension and termination rights, Ampla reserves the right to charge interest from the payment due date at the lower of 15% per annum, or the maximum amount allowed by law. Fees are exclusive of all taxes, levies or duties imposed by any national, federal, state or local taxing authorities. You shall be solely responsible for payment of all such taxes. Should Ampla be required to pay any such taxes, you shall reimburse Ampla for all tax payments in full, within thirty (30) days of receipt of an invoice therefore. Third Party Servicers charge their own fees for Third Party Servicer Services; unless otherwise indicated on the Site, Fees hereunder do not include amounts you may owe Third Party Servicers under Third Party Servicer Agreements.
Fees shall be paid as per the payment methods that are acceptable to Ampla and integrated with the Account. You grant Ampla the right to debit or ACH the amount of the Fees, plus other amounts due under this Agreement from your Bank Account(s) as per the ACH Consent (set out below). You agree to maintain sufficient funds in your Bank Account to cover the ACH transactions hereunder. The following is the “ACH Consent”: You desire to effect settlement of credits and debits from your Bank Account(s) by means of ACH and/or wire transfer in conjunction with the Ampla Services for you by Ampla. In accordance with this desire, you authorize Ampla and/or its affiliates to initiate debit and credit entries to your Bank Account (the details of which are provided by you through the Account or by other means acceptable to Ampla). You shall maintain sufficient funds in your Bank Account to cover such debit transactions. You state that you have the authority to agree to such transactions and that your Bank Account indicated is a valid and legitimate account for the handling of these transactions. This authority is to remain in effect until Ampla receives written notice from you revoking it. This authorization is for the payment of Fees or any other sums owed to Ampla. You certify that the appropriate authorizations are in place to allow you to authorize this method of settlement. All changes to the identification of your Bank Account under this authorization must be made in writing in accordance with the Agreement. You understand that if the information supplied as to the ABA Routing Number and Account Number of your Bank Account is incorrect, and funds are incorrectly deposited, Ampla will attempt to assist you in the recovery of such funds but has no liability as to restitution of the same. Ampla’s assistance in recovering the funds, where available, will be billed to you at Ampla’s current hourly rate for such work. You acknowledge that the origination of ACH transactions to your Bank Account must comply with the provisions of U.S. law.
You hereby represent, warrant and covenant to Ampla that:
You shall defend, indemnify and hold harmless Ampla, its directors, officers, employees, agents, assigns, processors, suppliers and successors-in-interest from and against any and all third-party liability, damages, losses, claims, demands, actions, causes of action, costs and expenses (including attorneys’ fees and expenses) arising out of or resulting from: (i) your performance under this Agreement including, without limitation, performance, non-performance, or defect in performance, any statement, misstatement, representation or misrepresentation made by you; (ii) the negligent or wilful acts or omissions of you or your Users, agents and/or employees; (iii) any statements, claims, representations or warranties made by you or your Users, agents and/or employees, relating to the Products or any other matter; (iv) your provision or, or failure to provide Products; (v) any of your Relationships; (vi) your acts or omissions; (vii) you relationship with any Third Party Servicers or any other third party; (viii) any and all tax liabilities associated with Transactions, the sale of Products, regardless of which party has a legal duty to collect and remit the same; (ix) use of the Account; (x) any vendor to you; (xi) attorneys’ fees and other costs and expenses paid or incurred by Ampla in the enforcement of this Agreement, or in collecting any amounts due from you hereunder; (xii) responding to requests for Data or your information by third parties including but not limited to subpoenas or court orders for the same; and (xiii) Transactions or financial transactions of you, Third Party Servicers or other third parties.
Each party acknowledges that it may directly or indirectly disclose Confidential Information to the other party in the course of negotiation of and performance of this Agreement. All such Confidential Information disclosed hereunder shall remain the sole property of the disclosing party (or other third party), and the receiving party shall have no interest in, or rights with respect thereto, except as set forth herein. Each party agrees to treat such Confidential Information with the same degree of care and security as it treats its most confidential information. Each party may disclose such Confidential Information to employees and agents who require such knowledge to perform services under this Agreement. Except as otherwise contemplated by this Agreement, neither party shall disclose the Confidential Information of the other party to any third party without the prior written consent of the disclosing party, and the duty of confidentiality created by this section shall survive any termination of the Agreement. Nothing in this Agreement shall prevent Ampla from collecting, storing, using and disclosing your Confidential Information for the purpose of providing the Ampla Services.
For the purposes of this Agreement, “Confidential Information” means all proprietary, secret or confidential information or data relating to either party and its affiliates, operations, employees, products, services or clients. Confidential Information shall include lists, pricing information, computer access codes, instruction and/or procedural manuals, and the terms and conditions of this Agreement. Information shall not be considered Confidential Information to the extent, but only to the extent, that such information is: (i) already known to the receiving party free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction and without breach of this Agreement; (iii) or becomes publicly available through no wrongful act of the receiving party; (iv) independently developed by the receiving party without reference to any Confidential Information of the other; or (v) required to be disclosed by law. Without limitation, the terms of this Agreement shall be Confidential Information of Ampla only.
THE AMPLA SERVICES ARE PROVIDED ON AN "AS-IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMPLA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF USABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES THAT THE AMPLA SERVICES PROVIDED BY AMPLA OR THAT THE OPERATION OF THE AMPLA SERVICES WILL BE INTERRUPTION OR ERROR FREE OR WITHOUT VIRUSES OR OTHER HARMFUL MATERIALS. AMPLA DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE AMPLA SERVICES. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE AMPLA SERVICES IS AT USER’S OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE AMPLA SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AMPLA, ITS SUPPLIERS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF AMPLA HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW OR PURSUANT TO THE ARBITRATION PROVISION BELOW, IN NO EVENT SHALL AMPLA’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN AMPLA AND YOU) EXCEED THE FEES ACTUALLY PAID TO AMPLA BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
AMPLA IS NOT A BANK, FINANCIAL INSTITUTION OR FINANCIAL ADVISORY SERVICE. AMPLA DOES NOT PROVIDE FINANCIAL ADVICE. YOU SHALL SEEK THE ADVICE OF A PROFESSIONAL FINANCIAL ADVISOR (E.G. YOUR BANKER) IF YOU ARE UNCERTAIN ABOUT ANY OF YOUR FINANCIAL TRANSACTIONS.
Ampla shall use its commercially reasonable efforts to perform its obligations hereunder, however, Ampla, its Affiliates, agents or licensors shall not be liable for any loss resulting from the activities of you, nor from any erroneous statements or errors in transmission, nor for any loss resulting from any delay, interruption or failure to perform hereunder due to any circumstances beyond Ampla’s reasonable control including, without limitation, acts of god, fire, explosion, earthquake, riot, terrorism, war, sabotage, accident, embargo, storms, strikes, lockouts, any interruption, failure or defects in Internet, telephone, or other interconnect services or in electronic or mechanical equipment. Ampla’s obligations hereunder shall be suspended during any of the foregoing circumstances, which suspension shall not be a cause for termination of this Agreement by you. Ampla does not represent or warrant that the Ampla Services suits your needs. In addition, in the event of any failure of the Ampla Services, or in the event Ampla otherwise defaults under any provision of this Agreement, then your sole and exclusive remedy shall be termination of this Agreement and, to the maximum extent permitted under applicable law, you hereby waive and relinquish any and all other rights or remedies it may have at law or in equity.
The following terms shall have the meanings indicated below:
“Account” means an account made available to you through which you can transmit instructions or receive information in relation to the Ampla Services;
“ACH” means Automated Clearing House payment transaction;“Admin User” means a User that you have authorized to make Ampla Services selection preferences on your behalf, activate and deactivate other Users and exercise administrative privileges in your Account;
“Affiliate” means, in relation to a Person, another Person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the Person, or a Person's principal partners, shareholders, or owners of some other ownership interest.
“Ampla”, “Ampla, LLC”, “Platform”, “we”, “our” or “us” means Ampla, LLC d/b/a Ampla f/k/a Gourmet Growth LLC d/b/a Gourmet Growth, a company located at 115 W 30th St, Suite 601, New York, NY 10001;
“Ampla Data” means information concerning the Ampla Services or provided to you by Ampla through the Account or otherwise;
“Ampla Privacy Policy” means the privacy policy of Ampla posted at getampla.com/legal, such as it is from time to time.
“Ampla Services” means our Site, along with our related websites, networks, applications, mobile applications, and other services provided by us hereunder, a service for businesses including (i) the secure communication of Data between you, Third Party Servicers and Ampla; (ii) the Card Transactions; and (iii) such other services as are available to you through the Account from time to time; excepting, however, any loan agreement, merchant purchase agreement, or other financing agreement you have or may obtain with or through Ampla or any Affiliate of Ampla.
“Ampla System” means a cloud-based system operated by Ampla that allows you to access your Account and initiate Transactions;“
Application” means the paper or online application completed by you when applying for the Ampla Services all of which is incorporated herein by reference;
“Bank Account” means your account, if any, with BRB or another Third Party Servicer;
“Card Transaction” means: (A) Ampla (i) causing a Card to be issued by an Issuer; (ii) Ampla using its own funds to load such Card with Transaction funds; and (iii) permitting you to use the Card to complete a payment Transaction with a Merchant; and (B) after the Merchant has processed the Transaction, you reimbursing Ampla for the amount thereof from your Bank Account or otherwise;
“Card” means (i) a credit or debit card in the form issued under license from Visa, MasterCard; or (ii) any other valid credit card, charge card or debit card accepted as a method of payment by Merchant with Company's prior written approval;
“Data” means your Data or Ampla Data;
“Fees” means those amounts for which you are liable to pay in consideration of the Ampla Services posted on the Site, such as they are from time to time.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, works of authorship, inventions, discoveries and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction;
“Issuer” means a member of a Payment Network that is in the business of issuing Cards;
“Laws” shall mean laws, statutes, codes, ordinances, orders, decrees, rules, regulations, and municipal bylaws, whether domestic, or foreign, all judgments, orders, writs, injunctions, decisions, rulings, decrees, and awards of any government authority having jurisdiction;
“MasterCard” means MasterCard International, Inc.;
“Merchant” means a Third Party Servicer that is a merchant offering to sell you goods or provide you with services for which you wish to make a payment;
“Payment Network” means any of Visa, MasterCard or any other valid credit card, charge card or debit card accepted as a method of payment by a Merchant or through which an Issuer issues Cards;
“Person” is to be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization, the government of a country or any political subdivision thereof, or any agency or department of any such government, and the executors, administrators or other legal representatives of an individual in such capacity;
“Product” means any product or service for sale or provided by you or for which a Third Party Servicer is used to make payment or for which Ampla Services are used to assist in a payment;
“Prohibited Activity” means the operation of or the direct or indirect facilitation of any of the following and/or that is illegal in the United States or in the jurisdiction where the person carrying out the activity is resident, domiciled or located; bath salts and herbals; bill payment services; buyers or discount clubs; cigarettes, tobacco or e-cigarettes; credit counseling or repair agencies; credit protection or identity theft protection services; digital goods including digital currency; direct marketing or subscription offers; inbound or outbound telemarketing businesses including lead generation businesses; infomercial sales; internet, mail or telephone order pharmacies or pharmacy referral services; items that encourage, promote, facilitate or instruct others to engage in illegal activity; items that may be counterfeit including, but not limited to: designer handbags, clothing and accessories, and consumer electronics; items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; items that promote hate, violence, racial intolerance, or the financial exploitation of a crime; items that promote, support or glorify acts of violence or harm towards self or others; legal fees including bankruptcy attorneys; live animals; medical equipment; multi-level marketing businesses (MLM); obscene or pornographic items; payment aggregators; prepaid phone cards or phone services; purchase, sale or promotion of drugs, alcohol, or drug paraphernalia, or items that may represent these uses; real estate or motor vehicles; rebate based businesses; sales of money-orders or foreign currency; up-sell merchants; using the Ampla Services as a means to transfer funds between bank accounts held in the same name; using the Ampla Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy; using the Ampla Services in a manner that Ampla or any payment card network reasonably believes to be an abuse of the payment card system or a violation of payment card network rules; using the Ampla Services in any manner that could damage, disable, overburden, or impair Ampla including without limitation, using the services in an automated manner; using the Ampla Services in violation of the terms of this Agreement, as reasonably determined by Ampla; using the Ampla Services in a way that in any way assists others in violation of any law, statute or ordinance; using the Ampla Services to collect payments that support pyramid or ponzi schemes, matrix programs, other “business opportunity” schemes or certain multi-level marketing programs; using the services to control an account that is linked to another account that has engaged in any of the foregoing activities; using the Ampla Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about others, registered recipients, or third parties without their consent; using the Ampla Services to intentionally interfere with another person’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code; using the Ampla Services to make unsolicited offers, advertisements, proposals, or to send junk mail or spam to others; using the Ampla Services to send or receive what Ampla considers to be funds for something that may have resulted from fraud or other illegal behavior; using the Ampla Services while impersonating any person or entity or falsely claiming an affiliation with any person or entity; or weapons including replicas and collectible items; weight loss programs; wire transfer money orders;
“Rules” means the rules and regulations of Payment Networks including those of Visa (available here https://usa.visa.com/dam/VCOM/download/about-visa/visa-rules-public.pdf) and MasterCard (available here https://www.mastercard.us/en-us/about-mastercard/what-we-do/rules.html);
“Site” means getampla.com or such other sites as Ampla indicates are engaged in the supply of the Service.
“Third Party Servicer Agreement” means an agreement between you and a Third Party Servicer concerning the supply of Third Party Servicer Services. The Blue Ridge Bank Agreement is a Third Party Servicer Agreement;
“Third Party Servicer Service” means the services of Third Party Servicers pursuant to Third Party Servicer Agreements, such as, for example, banking services from Blue Ridge Bank;
“Third Party Servicer” means a party to a Third Party Servicer Agreement with you, such as, for example Blue Ridge Bank or an Issuer;
“Transaction” means (i) sending or attempted sending of Data, by way of the Ampla Services, between any of you, Ampla and a Third Party Servicer; or (ii) a Card Transaction;
“Visa” means Visa U.S.A., Inc. or Visa International, Inc.;
“User” means an individual user of your Account for the Ampla Services;
“You” or “you” means the business that has accepted this Agreement, as identified in an Application, on the Site, in the Account or by other means acceptable to Ampla;
“Your Data” or “your Data” means any and all non-public personal information of yours related to Transactions, such as for example, Card information;
“Your Deposit Account” or “your Deposit Account” means a bank account designated by you in the Application, through the Account as the account from which Fees can be debited;
“Your Relationship” or “your Relationship” means the agreement or other relationship between you and a Third Party Servicer or other third party that gives rise to you wishing to use the Ampla Services and carry out Transactions;
“Your Device” or “your Device” means a computer system, tablet or phone used by you to manage Data or your business;
Banking Services provided by Blue Ridge Bank, member FDIC. Card issued by Blue Ridge Bank. All Rights reserved. ©2019-2021 Ampla, LLC.