Prohibited and Restricted Activities

If we know or believe you are engaging in Prohibited Activities or activity that does not comply with the restrictions in this Agreement may result in: (a) suspension of your ability to spend card funds or make charges; (b) canceling or suspending any relevant feature of your Fluz Account; and/or (c) notifying merchants that your Fluz Account has been canceled or suspended. If we do any of the aforementioned in response to your engaging in Prohibited Activities, you are still responsible to pay Fluz for all fees under the terms of this Agreement.

If we know or believe you are engaging in Prohibited Activities or activity that does not comply with the restrictions in this Agreement, it may result in the termination of Fluz Accounts, as determined in our sole discretion.

We may update the list of Prohibited Activities and/or aforementioned restrictions in this section at any time without prior notice to you in order to comply with applicable laws, regulations, or Bank or Card Network policies. You agree to review these lists regularly and contact us with any questions you have about how these lists may apply to your business.

You understand and agree that Fluz, Bank, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse charges for any reason, including but not limited to the prohibited activities and restrictions described in this section. Such parties are not responsible for any losses, damages, or harm caused by any charges that are denied or reversed for any reason.

Fluz’s list of prohibited industries includes the following:
  • SDNs or other parties listed on the OFAC Consolidated Sanctions List or internal Company watchlists; 
  • Customers whose identities cannot be verified during the customer verification process; 
  • Foreign Shell Banks;
  • Legal entities whose Ultimate Beneficial Owners (or UBOs) cannot be verified;
  • Unlawful/unlicensed Internet gambling organizations and any illegal gambling;
  • Unregulated domestic/foreign casinos;
  • Unregistered/unregulated charitable organizations;
  • Unregistered hedge funds;
  • Unlicensed and/or unregistered Money Service Businesses (MSBs);
  • Bearer Share companies;
  • Pornography and paraphernalia; 
  • Adult entertainment businesses; Online advertisers for adult entertainment services;
  • Prostitution or escort services, massage parlors;
  • Sale of counterfeit or “grey market” goods or services;
  • Mountaintop Removal Mining
  • Natural Resource Extraction in UNESCO World Heritage Sites
  • Private Prisons and Immigration Facilities
  • Firearms and paraphernalia; 
  • Marijuana related businesses (includes marijuana-related legitimate businesses); 
  • Hemp related businesses to the extent that business is engaged in the growing, processing and manufacturing of Hemp. [NOTE: Retail entities who distribute hemp-related products that are deemed to be legal under the 2018 Farm Bill are not prohibited under this section.]; 
  • Sale of Schedule I controlled substances with or without a pharmaceutical license, or sale of Schedules II-V controlled substances without a pharmaceutical license, where such schedules are defined by the United States Department of Justice, Drug Enforcement Agency (DEA);
  • Manufacturing or selling of substances designed to mimic illegal drugs and equipment designed for making or using illegal drugs;
Fluz’s prohibited customer activities include the following:
  • Any individual or entity that:
    • Presents forged or false documents;
    • Refuses to cooperate or deliberately obstructs the CIP, CDD or EDD process; or
    • Insists on anonymity
  • Violating any law, statute, ordinance, or regulation;
  • Purchasing or selling, or to facilitating the purchase or sale of, illegal goods or services, including but not limited to: unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
  • Activity in a manner that any electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  • Causing a negative balance;
  • Funding or remitting payroll or payroll deposits.
Your Fluz Account and Fluz Services may not be used for any of the following:
  • For any purpose that is unlawful or prohibited by this Terms of Service, Terms of Use or Fluz Agreement or Service-Specific Schedules; 
  • For any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or the U.S. Department of State or FATF; 
  • Used or accessed by third parties who are not Customer or entity employees, contractors, or agents or who are otherwise unaffiliated with Customer; 
  • Copied, modified, adapted or used to create derivative works of or republish the Services; (g) reverse engineered, decompiled, disassembled, or otherwise used to attempt to derive the source code of the Services; 
  • Accessed or used for purposes of comparison with or benchmarking against third party products or services or in order to build similar services or competitive services; 
  • Used to gain or attempt to gain unauthorized access to the Services; or 
  • Used for any purpose not related to the business of Customer or an Entity.