Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the online banking website and software applications (“Services”) provided by Pacific Bloom Capital Bank (“Pacific Bloom,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into agreements in order to use our Services. By accessing or using the Services, you represent and warrant that you meet these eligibility requirements.

2. Registration and Accounts

a. Account Creation: In order to access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated.

b. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Use of Services

a. Permitted Use: You may use the Services for your personal, non-commercial use only. You agree not to use the Services for any illegal or unauthorized purpose or in any manner that violates these Terms.

b. Prohibited Activities: You agree not to engage in any of the following activities in connection with your use of the Services:

• Violating any applicable laws or regulations;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Interfering with or disrupting the operation of the Services or the servers or networks connected to the Services;
• Reverse engineering, decompiling, or disassembling any aspect of the Services;
• Uploading or transmitting any viruses, worms, or other harmful code;
• Harassing, intimidating, or threatening any other users of the Services.

4. Intellectual Property

a. Ownership: All intellectual property rights in the Services, including but not limited to trademarks, logos, text, graphics, and software, are owned or licensed by Pacific Bloom. You agree not to use or reproduce any of these materials without our prior written consent.

b. User Content: By submitting any content or materials through the Services, you grant Pacific Bloom a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any form, media, or technology.

5. Privacy

Our collection and use of your personal information are governed by our Privacy Policy. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

6. Disclaimers

a. No Warranties: The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Pacific Bloom does not warrant that the Services will be uninterrupted or error-free, or that any defects will be corrected.

b. Limitation of Liability: In no event shall Pacific Bloom be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory.

7. Indemnification

You agree to indemnify and hold Pacific Bloom and its officers, directors, employees, and agents harmless from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services or your violation of these Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Cayman Islands, without regard to its conflict of law provisions.

9. Changes to Terms

Pacific Bloom reserves the right to modify or update these Terms at any time, effective upon posting the revised Terms on the Services. Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms.

10. Contact Us

If you have any questions or concerns about these Terms, please contact us at support@pacificbloomcapital.com .

11. Effective Date

These Terms of Service are effective as of 01/02/2024.