Terms and Conditions

These Terms and Conditions govern your access to and use of Narwhale’s website, applications, communications, private access programs, account tools, payment-related tools, and related services.

For purposes of these Terms, “Narwhale,” “we,” “us,” and “our” refer to Narwhale and its related website, applications, communications, tools, and services.

By accessing or using Narwhale, contacting us, requesting access, creating an account, using our website, or using any Narwhale service, you agree to these Terms and Conditions.

If you do not agree, do not use Narwhale.

1. About Narwhale

Narwhale provides technology intended to support secure account access, payment-related communication, customer support, service notifications, payment requests, account activity, and related financial technology workflows.

Narwhale may offer tools for individuals, merchants, businesses, organizations, clubs, associations, event organizers, utilities, HOAs, and other approved users.

Narwhale is not a bank. Certain services may be provided through or in connection with regulated banks, payment processors, card networks, ACH providers, identity verification providers, fraud prevention providers, compliance providers, SMS providers, hosting providers, and other service providers.

Certain features may not be available until Narwhale, its service providers, or its regulated partners complete required approvals, licensing, compliance reviews, integrations, or operational readiness steps.

2. Eligibility

To use Narwhale, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater.

If you use Narwhale on behalf of a business, merchant, organization, association, club, event, utility, HOA, or other entity, you represent that you have authority to bind that entity to these Terms.

Narwhale may refuse, suspend, restrict, or terminate access at any time if Narwhale believes a user is ineligible, has provided inaccurate information, has violated these Terms, or presents legal, regulatory, fraud, security, compliance, operational, or reputational risk.

3. Private Access

Narwhale may operate through private access, invitation-only access, beta access, limited release, staged rollout, or approved-user access.

Submitting information, contacting Narwhale, requesting information, or requesting access does not guarantee approval, account creation, service availability, payment functionality, or access to any particular feature.

Narwhale may approve or deny access at its discretion.

4. Account Registration and Security

You may be required to create an account to use certain Narwhale services.

You agree to provide accurate, current, and complete information and to keep that information updated.

You are responsible for maintaining the confidentiality of your account credentials, authentication codes, devices, passwords, and access methods.

You are responsible for all activity that occurs under your account unless applicable law provides otherwise.

You agree to notify Narwhale promptly if you believe your account has been compromised, accessed without authorization, or used improperly.

Narwhale may use authentication methods such as one-time passcodes, SMS verification, email verification, device verification, identity verification, or other security controls.

5. Identity Verification and Compliance

Narwhale may require identity, business, merchant, ownership, banking, tax, beneficial ownership, or other verification before providing access to certain features.

You agree to provide information requested for compliance, security, fraud prevention, risk management, payment processing, banking, regulatory, legal, or operational purposes.

Narwhale may deny, suspend, delay, limit, or terminate access if verification is incomplete, inaccurate, suspicious, expired, unverifiable, or not approved by Narwhale or its service providers.

6. Payment-Related Services

Narwhale may provide payment-related tools, payment requests, account activity records, balance-related information, merchant tools, organization tools, payment notifications, dashboards, or related services.

Payment-related services may be provided through or in connection with third-party banks, payment processors, ACH providers, card networks, regulated financial institutions, compliance providers, or other service providers.

Narwhale may impose limits, holds, delays, review periods, account restrictions, transaction limits, funding limits, transfer limits, or settlement limits for legal, regulatory, risk, fraud prevention, compliance, operational, partner, or security reasons.

Payment availability, funding methods, settlement timing, fees, transaction limits, supported account types, supported organizations, supported jurisdictions, and supported services may vary.

Narwhale does not guarantee that any transaction, transfer, payment request, account activity, funding method, or settlement will be approved, completed, available, or processed at any particular time.

7. No Banking Relationship

Unless expressly stated in writing by a regulated financial institution, Narwhale is not a bank and does not provide banking services directly.

Any bank account, stored value account, wallet, card, ACH, payment, settlement, or similar feature may be provided by a regulated partner, payment processor, financial institution, or other service provider.

Funds may not be FDIC insured unless expressly stated by the applicable regulated financial institution and subject to that institution’s terms, program requirements, and applicable law.

8. Fees

Narwhale may charge fees for certain services, accounts, merchant tools, organization tools, payment-related services, funding methods, transactions, subscriptions, premium features, or other functionality.

Fees may vary by user type, account type, merchant type, organization type, volume, funding method, service provider, transaction type, or feature.

Narwhale will disclose applicable fees where required or where the fee applies.

You are responsible for reviewing applicable fees before using paid services.

9. Merchant and Organization Use

Merchants, businesses, organizations, clubs, associations, event organizers, utilities, HOAs, and similar users are responsible for:

Providing accurate business or organization information.

Complying with applicable laws and regulations.

Obtaining required authorizations from customers, members, participants, users, payors, or account holders.

Accurately describing goods, services, dues, fees, registrations, invoices, or payment obligations.

Honoring refunds, cancellations, disputes, chargebacks, and consumer rights where applicable.

Maintaining appropriate records.

Paying applicable taxes.

Avoiding prohibited, deceptive, unlawful, fraudulent, or abusive activity.

Narwhale may require additional agreements, approvals, underwriting, verification, compliance review, or risk review for merchant or organization accounts.

10. User Responsibilities

You agree to use Narwhale only for lawful purposes and in accordance with these Terms.

You agree not to misuse Narwhale, interfere with Narwhale services, attempt unauthorized access, provide false information, or use Narwhale in a way that harms Narwhale, users, service providers, partners, or others.

You are responsible for information, instructions, payment requests, account activity, communications, and other activity submitted through your account.

11. Prohibited Uses

You may not use Narwhale for:

Illegal activity.

Fraud, deception, theft, money laundering, terrorist financing, or sanctions evasion.

Unauthorized transactions.

Scams, phishing, impersonation, identity theft, or account takeover.

Harassment, abuse, threats, or unlawful discrimination.

Unauthorized access to systems, accounts, devices, or data.

Circumventing compliance, security, risk, identity, or fraud controls.

Selling, purchasing, or supporting illegal goods or services.

Transactions involving prohibited or restricted items.

Activity that violates payment network rules, banking partner requirements, processor rules, carrier rules, SMS rules, or applicable law.

Activity that creates excessive risk, disputes, chargebacks, fraud, abuse, or reputational harm.

Activity prohibited by Narwhale, its partners, service providers, or applicable law.

Narwhale may restrict or terminate access if Narwhale believes a user has engaged in prohibited activity.

12. Communications

By providing contact information to Narwhale, you agree that Narwhale may contact you regarding your inquiry, access request, account, services, transactions, security, compliance, support, or related matters.

Communications may occur by email, phone, SMS, mail, website forms, in-app messages, or other available methods.

You are responsible for keeping your contact information accurate and current.

13. SMS Terms and Conditions

Narwhale may send SMS messages to users who have opted in to receive Narwhale-related text messages.

Narwhale SMS messages may include two-factor authentication codes, verification codes, account access codes, authentication messages, customer support responses, security notices, payment-related notifications, service updates, account activity notices, and other Narwhale-related communications.

Message frequency may vary.

Message and data rates may apply.

Reply STOP to opt out.

Reply HELP for help.

Consent to receive SMS messages is not a condition of purchase or service.

Carriers are not liable for delayed or undelivered messages.

Narwhale does not sell, rent, share, trade, disclose, transfer, market, or otherwise make available mobile phone numbers, SMS opt-in data, SMS consent status, or text messaging originator opt-in data to third parties or affiliates for marketing, promotional purposes, lead generation, advertising, profiling, or data resale.

14. SMS Opt-In

You may opt in to receive Narwhale SMS messages through one or more approved methods, including a website form, application form, account setting, customer support interaction, direct request, or another consent process provided by Narwhale.

If Narwhale uses a website or online form to collect SMS consent, consent should be collected through a separate, optional, unchecked checkbox or equivalent consent method.

Example consent language:

“I agree to receive SMS messages from Narwhale related to account access, customer support, payment-related notifications, security notices, and service updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help. Consent is not a condition of purchase or service. See our Privacy Policy and Terms and Conditions.”

15. SMS Opt-Out

You may opt out of Narwhale SMS messages at any time by replying STOP.

After you opt out, Narwhale may send a confirmation message confirming that you have been unsubscribed.

After opting out, you should no longer receive SMS messages from Narwhale unless you opt in again.

You may reply HELP for help.

16. Electronic Communications

You consent to receive electronic communications from Narwhale.

Electronic communications may include agreements, notices, disclosures, records, transaction information, account information, policy updates, and other communications.

You agree that electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

17. Accuracy of Information

You agree that all information you provide to Narwhale is accurate, current, and complete.

You may not provide false, misleading, incomplete, outdated, or unauthorized information.

Narwhale may suspend, restrict, or terminate access if information is inaccurate, incomplete, suspicious, expired, or unverifiable.

18. Records and Transaction Information

Narwhale may maintain records of account activity, payment requests, transaction-related activity, messages, consent, support communications, verification status, security events, and related information.

You are responsible for reviewing your account activity and notifying Narwhale promptly of any suspected error, unauthorized activity, or discrepancy.

Narwhale may require additional documentation before investigating or resolving a dispute.

19. Disputes, Errors, Holds, and Reviews

Narwhale may review, delay, hold, reverse, limit, or restrict activity where permitted or required by law, partner requirements, processor rules, risk controls, fraud prevention needs, security needs, or compliance obligations.

Narwhale may request information from users, merchants, organizations, or third parties to resolve disputes, investigate suspicious activity, or comply with legal, regulatory, partner, or processor requirements.

Narwhale is not responsible for losses caused by inaccurate information provided by users, unauthorized third-party conduct, banking delays, payment network delays, processor delays, carrier delays, service provider failures, or events outside Narwhale’s reasonable control.

20. Taxes

Users, merchants, businesses, and organizations are responsible for determining and paying any taxes, assessments, duties, charges, or reporting obligations related to their own transactions, sales, payments, dues, registrations, or activities.

Narwhale does not provide tax advice.

21. Intellectual Property

Narwhale, the Narwhale name, logo, website, software, designs, content, graphics, text, workflows, features, and related materials are owned by Narwhale or its licensors.

You may not copy, modify, distribute, reverse engineer, scrape, reproduce, sell, license, or exploit Narwhale materials except as expressly permitted in writing.

22. Feedback

If you provide ideas, suggestions, comments, concepts, feature requests, or other feedback to Narwhale, you grant Narwhale the right to use that feedback without restriction or compensation.

Narwhale is not required to treat feedback as confidential unless a separate written agreement says otherwise.

23. Third-Party Services

Narwhale may rely on or link to third-party services, including hosting providers, communication providers, SMS providers, payment processors, banks, identity verification providers, fraud prevention providers, analytics tools, support tools, compliance providers, or other service providers.

Third-party services may have their own terms, privacy policies, requirements, fees, limitations, and availability.

Narwhale is not responsible for third-party services except to the extent required by law.

24. Security

Narwhale uses reasonable safeguards designed to protect services, accounts, and information.

You agree not to interfere with, compromise, test, bypass, disrupt, or attack Narwhale systems, accounts, networks, controls, security features, or access restrictions.

You may not use Narwhale in a way that could damage, disable, overload, impair, or disrupt Narwhale or its service providers.

25. Service Availability

Narwhale may modify, suspend, discontinue, restrict, or replace any feature, service, account type, access method, communication method, or payment-related function at any time.

Narwhale does not guarantee uninterrupted, error-free, or continuous service.

Service may be unavailable due to maintenance, outages, updates, security events, service provider issues, network failures, carrier issues, banking delays, processor delays, legal requirements, regulatory requirements, or other events.

26. Termination

Narwhale may suspend, limit, or terminate your access at any time if Narwhale believes:

You violated these Terms.

You provided inaccurate, incomplete, or misleading information.

You created legal, regulatory, fraud, security, operational, compliance, or reputational risk.

Required verification was not completed.

A service provider, bank, processor, carrier, regulator, or law enforcement authority requires action.

Continued access is not appropriate.

You may stop using Narwhale at any time.

Termination does not eliminate obligations that arose before termination, including payment obligations, dispute obligations, legal obligations, compliance obligations, recordkeeping obligations, and obligations that by their nature should survive termination.

27. Disclaimer of Warranties

Narwhale services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Narwhale disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, security, and uninterrupted operation.

Narwhale does not guarantee that the services will meet your requirements, be available at all times, be error-free, be secure from every threat, or that all issues will be corrected.

28. Limitation of Liability

To the maximum extent permitted by law, Narwhale will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages, including loss of data, loss of revenue, business interruption, reputational harm, or unauthorized access, even if Narwhale has been advised of the possibility of such damages.

To the maximum extent permitted by law, Narwhale’s total liability for any claim related to the services will not exceed the amount you paid to Narwhale for the service giving rise to the claim during the three months before the claim arose, or one hundred dollars, whichever is greater.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply.

29. Indemnification

You agree to defend, indemnify, and hold harmless Narwhale, its owners, officers, employees, contractors, service providers, and affiliates from claims, damages, losses, liabilities, costs, and expenses arising from:

Your use of Narwhale.

Your violation of these Terms.

Your violation of law.

Your violation of third-party rights.

Information you provide.

Your transactions, payment requests, business activity, merchant activity, organization activity, or customer interactions.

Fraud, misuse, unauthorized activity, or prohibited activity involving your account.

30. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Any dispute arising from or related to these Terms or Narwhale will be handled in the state or federal courts located in Ohio, unless applicable law requires otherwise.

31. Changes to These Terms

Narwhale may update these Terms from time to time.

If Narwhale makes material changes, Narwhale may update the effective date and provide notice as appropriate.

Your continued use of Narwhale after updated Terms become effective means you accept the updated Terms.

32. Contact Narwhale

For questions about these Terms, contact Narwhale at:

Narwhale
Columbus, Ohio
Phone: 614.531.4028
Email: contact@narwhale.com