Kashu | Terms of Service

Last Updated: 5/11/2026 | Version 1.4

These Terms of Service ("Terms") constitute a binding legal agreement between you (referred to herein as "you," "your," "User," or "Customer") and Kashu, Inc ("Kashu," "we," "us," or "our"), a Wyoming corporation. By accessing, registering for, or using any portion of the Kashu platform, mobile application, website, or services (collectively, the "Services"), you agree to be bound by these Terms, our Acceptable Use Policy ("AUP"), our Software & Technology Services Agreement ("STSA"), our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, do not access or use our Services.

‍

1. Eligibility

The Services are made available exclusively to businesses organized under the laws of the United States and operating in the United States. By accessing the Services, you represent and warrant that:

(a) you are a legal entity in good standing under the laws of a U.S. state or territory and possess a valid Employer Identification Number (EIN);

(b) the individual accepting these Terms on behalf of the entity is at least 21 years of age and is duly authorized to bind the entity to this agreement;

(c) the entity has completed, or will complete, Kashu's Know Your Business ("KYB") verification, including beneficial ownership and control-person disclosures;

(d) neither the entity, its beneficial owners, nor its control persons appear on any U.S. government sanctions, denied-party, or politically-exposed-person list; and

(e) all information you provide to Kashu is accurate, complete, and current.

The Services are not offered to consumers, sole proprietors operating without an EIN, or entities organized outside the United States.

‍

2. Scope of Services

Kashu is a software platform that delivers business financial-operations tooling on top of regulated payment and banking rails operated by licensed third-party institutions. Kashu does not itself provide money transmission, deposit-taking, lending, or other regulated financial services. The Services consist of three integrated pillars:

(a) Platform Access, the Kashu software, user interface, mobile and web applications, account-management tools, and APIs through which you operate your program account, initiate transfers, and manage business financial activity.

(b) Transaction Intelligence, risk monitoring, transaction categorization, structured transaction-level data enrichment (including Level 3 and corporate-card enhanced data fields), reporting, analytics, and program-rule enforcement.

(c) Program Administration, KYB onboarding, compliance operations, sanctions screening, dispute coordination with regulated providers, recordkeeping, and ongoing program administration on your behalf.

Access to the Services is subject to verification, compliance review, ongoing risk monitoring, and program limits. The Services are provided on an "as is" and "as available" basis.

2.1 Role of Kashu

Kashu acts solely as a software and technology provider and program administrator. Kashu does not hold user funds, take deposits, transmit money, settle transactions, or exercise discretion over the approval, processing, timing, reversal, or completion of any movement of funds. All regulated financial activity is performed by licensed third-party institutions identified in Section 3 below. Kashu's role is limited to providing software and instructing those institutions in accordance with rules you agree to under these Terms and the AUP.

‍

3. Custody and Fund Management

Kashu does not hold customer funds and has no legal, beneficial, or equitable interest in customer funds at any time.

(a) Money Transmission. Money transmission services in connection with the Services are provided by Monarch Technologies, Inc., a licensed Money Services Business (MSB Registration No. 31000186536125) and NMLS-registered provider (NMLS ID 1908316).

(b) Custody of Funds. Customer funds are held in custodial For-Benefit-Of ("FBO") accounts at Fresno First Bank, Member FDIC, for the benefit of users. Funds in FBO accounts are not assets of Kashu, are not commingled with Kashu's operating funds, and are not available to Kashu's creditors.

(c) No Direct Banking Services. Kashu does not accept deposits, issue accounts, extend credit, or provide banking services directly. All regulated financial services are provided by, and remain the responsibility of, the licensed third-party institutions identified above.

(d) Instruction-Only Authority. Kashu may instruct Monarch to initiate, hold, freeze, or release funds in accordance with these Terms, the AUP, applicable law, lawful third-party requests, and the rules of the underlying financial institutions. Such instructions reflect Kashu's role as program administrator and do not constitute control of, or a property interest in, the funds.

‍

4. Account Registration and Security

To use the Services, the entity must register for a program account, designate authorized users, and provide required business and financial information. Onboarding is subject to verification procedures that satisfy Kashu's and its partners' compliance obligations, including Know Your Business (KYB), Know Your Customer (KYC) for beneficial owners and control persons, Anti-Money Laundering (AML), and sanctions-screening requirements.

You agree to:

(a) keep account credentials confidential and restrict access to authorized users;

(b) notify Kashu immediately of any unauthorized access or suspected compromise;

(d) cooperate with periodic re-verification, enhanced due diligence, and information requests.

Kashu reserves the right to suspend or terminate any account that provides false, incomplete, or outdated information, or that we reasonably suspect is engaged in fraudulent or unlawful activity.

‍

5. Business Information Accuracy

You certify that all KYB and program-account information you provide, including but not limited to legal entity name, jurisdiction of formation, EIN, registered and operating addresses, beneficial owners (each person owning 25% or more), control persons, authorized signatories, primary line of business, and bank account information, is accurate, complete, and current as of the date submitted.

You agree to notify Kashu in writing within ten (10) business days of any material change, including but not limited to:

(a) change in legal entity name, structure, or jurisdiction;

(b) change in beneficial ownership of 25% or more;

(d) change in primary business activity or industry classification;

(e) change in registered or operating address; or

(f) change in linked bank account.

Failure to maintain accurate KYB information may result in suspension or termination of the program account in accordance with the AUP and applicable regulatory obligations.

‍

6. Fees and Payments

Kashu charges a Platform Service Fee in consideration of the three pillars of the Services described in Section 2: Platform Access, Transaction Intelligence, and Program Administration. The Platform Service Fee is the consideration paid to Kashu for software, data, technology, and program-administration services rendered to you, and is disclosed in the STSA and any Fee Schedule made available within the Services.

The Platform Service Fee is structured on a per-transaction basis as a function of transaction value. This pricing structure reflects the fact that the compliance review, fraud screening, risk monitoring, transaction-level data enrichment, and program-administration work performed by Kashu's software scales with the value and risk profile of each transaction. The fee is consideration for software services rendered and is not contingent on the success, completion, or settlement of any underlying funds transfer.

Kashu may, from time to time, offer additional optional services, including, without limitation, expedited program administration in connection with real-time or accelerated settlement options. Fees for such optional services are charged in consideration of the additional risk-review, fraud-screening, and compliance work required to support those services, and are disclosed in the STSA and any Fee Schedule made available within the Services.

All fees paid to Kashu are consideration for software, technology, data, and program-administration services. Fees for the underlying transmission, custody, or settlement of funds, where applicable, are charged separately by the licensed money transmitter or custodial institution and are disclosed by those parties to you.

By using the Services, you authorize Kashu to charge your designated payment method for applicable fees and related charges. Failure to remit payment when due may result in account suspension, legal recovery efforts, and assessment of interest and penalties as permitted by law. You are responsible for all taxes associated with your use of the Services, excluding taxes based on Kashu's net income.

6.1 Cardholder Agreement Responsibility

You acknowledge that your relationship with your card issuer, including all terms, rates, fees, and conditions, is governed exclusively by your cardholder agreement or corporate card program agreement. Kashu does not alter, override, or assume any obligations arising from that agreement. If your issuing bank reclassifies or re-categorizes a transaction, such determinations are solely between you and your card issuer. Kashu has no authority over those decisions and is not responsible for any fees, penalties, interest, or adverse effects that may result.

6.2 User Authorization

By initiating any transfer from your program account or any other transaction request, you expressly authorize the transaction and acknowledge that such authorization is final at the time of submission. You assume full responsibility for the transaction amount, timing, and destination once initiated.

‍

7. License Grant and Use Restrictions

Subject to these Terms, Kashu grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your business use. You may not:

(a) reproduce, modify, adapt, or create derivative works based on the Services;

(b) reverse engineer, decompile, or disassemble any portion of the Services;

(d) use the Services to violate any applicable law, regulation, or third-party right; or

(e) attempt to interfere with the integrity or security of our systems or networks.

Any unauthorized use of the Services terminates the rights granted to you under these Terms and may result in legal action.

‍

8. Intellectual Property

All content, graphics, user interface, visual interfaces, software, algorithms, models, and code contained in or made available through the Services, and all related rights including trademarks, copyrights, patents, and trade secrets are the exclusive property of Kashu or its licensors. Except as expressly stated herein, no rights or licenses are granted to you under any intellectual property rights, whether by implication, estoppel, or otherwise. You agree not to use the Kashu name, logo, or proprietary marks without prior written permission.

‍

9. Privacy and Data Use

By using the Services, you acknowledge and agree that we will collect, store, and use your business and personal information in accordance with our Privacy Policy. You further consent to the use of data for lawful purposes, including compliance, fraud prevention, risk analysis, transaction intelligence, and regulatory reporting. For more details, refer to our Privacy Policy.

‍

10. Third-Party Services

The Services incorporate or facilitate access to third-party platforms, including payment processors, money transmitters, custodial banks, card networks, identity-verification providers, and other financial institutions. Kashu is not responsible for the performance, privacy practices, or terms of service of third-party services. Your use of such services is at your own risk and subject to separate terms. Kashu disclaims any and all liability for content, functionality, or damage caused by or arising from third-party services.

Your interactions with third-party providers, including card issuers and financial institutions, are governed by their respective terms of use and cardholder agreements. Kashu does not participate in, control, or assume liability for the rates, fees, or reclassification of transactions imposed by your issuing bank. Any obligations or disputes arising from such matters remain strictly between you and your card issuer.

10.1 Transaction Processing Authority

Kashu does not control or guarantee the approval, settlement, completion, or final disposition of any transaction. While Kashu may, in limited circumstances, initiate a refund or reversal request through its payment gateway or instruct Monarch to take action, all transaction execution, settlement, reversal approval, and funds movement are subject to the rules, controls, and final determination of third-party financial institutions and service providers. Kashu is not responsible for any delay, rejection, or outcome resulting from such third-party decisions.

‍

11. Suspension and Termination

Kashu reserves the right to suspend or terminate your access to the Services at any time, with or without notice, for any reason permitted under these Terms or the AUP, including but not limited to: violation of these Terms or the AUP, suspected fraud, breach of applicable law, regulatory or partner-institution direction, or to protect the integrity of the platform.

Upon termination, your license to use the Services will be revoked. Because Kashu does not hold or control user funds, Kashu cannot release, transfer, or distribute funds directly; Kashu may instruct Monarch to freeze, hold, or release funds in the program account pending resolution in accordance with the AUP and the rules of the underlying financial institutions. Termination does not relieve you of any obligations or liabilities accrued prior to such termination.

11.1 Regulatory and Legal Cooperation

Kashu may comply with lawful requests, inquiries, or directives from regulators, courts, card networks, or financial institutions without notice to you and without liability.

‍

12. Disclaimers

The Services are offered without any guarantees, either express or implied. Kashu disclaims all warranties, including those related to merchantability, fitness for a particular purpose, non-infringement, availability, and reliability. Kashu does not guarantee that the Services will be free from errors or interruptions. You acknowledge that your use of the Services involves risks and that Kashu shall not be held responsible for the accuracy, timeliness, or completeness of any information or transactions facilitated by the Services.

Kashu expressly disclaims responsibility for the classification or treatment of transactions by your card issuer. All determinations regarding whether a transaction constitutes a purchase, cash advance, or other category are made solely by your issuing bank in accordance with your cardholder agreement. Kashu is not liable for, and does not indemnify you against, any fees, penalties, interest charges, or adverse consequences resulting from such classifications.

12.1 Assumption of Risk

You assume all risks associated with your use of the Services, including your business's decisions regarding the use of credit, the timing and amount of transfers, cash-flow management, repayment obligations to your card issuer or corporate card program, and any financial consequences resulting from your use of funds.

12.2 No Fiduciary or Advisory Relationship

Kashu does not act as a fiduciary, financial advisor, lender, agent, or representative of any user. Kashu does not provide financial, legal, tax, or accounting advice, and no such relationship is created through use of the Services.

‍

13. Limitation of Liability

To the fullest extent allowed by law, Kashu and its officers, directors, employees, or affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data, or business opportunities, resulting from your use of the Services. Our total liability to you will not exceed the amount of Platform Service Fees you paid to Kashu in the six (6) months preceding the incident that led to the claim.

‍

14. Indemnification

You agree to indemnify, defend, and hold harmless Kashu and its affiliates, officers, directors, employees, agents, and representatives from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services, (ii) your violation of these Terms, the AUP, the STSA, or any law, regulation, or third-party rights, or (iii) your fraud, negligence, or willful misconduct.

‍

15. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in Phoenix, Arizona, under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction. You agree to waive any right to a jury trial or to participate in a class action lawsuit. The provisions of this Section, together with Sections 3 (Custody and Fund Management), 12 (Disclaimers), 13 (Limitation of Liability), and 14 (Indemnification), shall survive termination of these Terms.

‍

16. Modifications to Terms

Kashu reserves the right to modify or update these Terms at any time. Non-material changes are effective upon posting. Material changes will be communicated via the Services or via email at least thirty (30) days before they take effect, unless a shorter period is required by law, regulator direction, or partner-institution requirements. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the revised Terms, you must discontinue use of the Services prior to the effective date.

‍

17. Document Hierarchy and Incorporation by Reference

These Terms are incorporated by reference into, and shall be read together with, the STSA, the AUP, the Privacy Policy, the Fee Schedule, and any other agreement or disclosure presented to you in connection with the Services. In the event of any conflict between these documents, the order of precedence is:

(1) STSA → (2) these Terms → (3) AUP

All other policies and disclosures are subordinate to the above.

‍

18. Contact Information

For questions, legal notices, or service of process, you may contact us as follows:

Kashu, Inc

Attn: Legal Department

1603 Capitol Ave, Ste 415 #674380

Cheyenne, WY 82001

Email: legal@kashupay.com

‍

Your Cart

Terms of Service