This Agreement governs the use of the online banking platform supported by Alkami Technology, Inc., a Delaware corporation (“Alkami”) together with American AgCredit, FLCA and American AgCredit, PCA (together “AAC”).
A. Each use of the Alkami online banking platform (the “Platform”) constitutes your continuing agreement to use the Platform according to this Agreement and to be legally bound by all of its terms and conditions, including any amendments or supplements to this Agreement and any changes to the terms and conditions that may occur from time to time. You agree to:
- Use the Platform only for those accounts for which you have authorized access and use;
- Use the Platform only in accord with this Agreement and applicable laws;
- Comply with any user requirements as they may be promulgated from time to time;
- Promptly pay all fees and charges that may apply to your use of the Platform either now or in the future; and
- Remain bound by the terms and conditions of your loan documents with AAC, which will always govern and control and may not be amended or otherwise modified by this Agreement or any Platform transaction without the express written consent of AAC.
B. You agree with AAC and Alkami that Alkami may consider you to be its customer solely for purposes of the service(s) that AAC provides to you under this Agreement and for which Alkami offers or provides services to AAC, using accounts in AAC’s name and/or in your name. You also agree with AAC and Alkami that you will not bring any claims, disputes, demands, actions, suits, or other litigation, arbitration, or other dispute resolution or administrative proceeding (collectively, “Claims”) against Alkami, and any Claims relating to the Alkami’s acts or omissions will be brought directly against AAC to the same extent as if the AAC had performed that portion of the services itself.
C. The Platform is provided as a privilege and convenience to AAC customers. AAC reserves the right to terminate or modify the Platform, in whole or in part, or access to any account at any time and without prior notice. AAC also reserves the right to terminate the Platform access privileges in the event AAC determines, in its sole discretion, that: (i) you are in default under any of your loan documents with AAC; (ii) your access to the Platform is in violation of applicable laws or this Agreement; and/or (iii) the Platform with regard to your account (including any Business Account or Consumer Account) represents a risk to AAC. AAC will make a reasonable attempt to notify you if your access to the Platform access is terminated for any reason but is under no obligation to do so.