Terms of Service

These Terms of Service, together with any other document referenced (whether by means of a hyperlink or otherwise) in these Terms of Service (collectively, these “Terms”), govern your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) that are provided by 6Lock Inc., a Delaware corporation, and its affiliates and subsidiaries (“6Lock,” “we,” “our” or “us”). By accessing our websites or mobile applications (each, a “Site”) you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, do not use the Site.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOU AND YOUR USE OF THE SERVICES. IF YOU ARE ACCESSING OR USING THE SERVICES IN YOUR WORK OR BUSINESS CAPACITY OR ON BEHALF OF A COMPANY, LIMITED PARTNERSHIP OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL ALSO REFER TO THE COMPANY OR ENTITY WHICH YOU REPRESENT OR ARE EMPLOYED BY, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. BY ACCESSING THE SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE ON YOUR OWN BEHALF AND, AS APPLICABLE, ON BEHALF OF THE COMPANY OR ENTITY THAT EMPLOYS YOU OR WHICH YOU REPRESENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS THE SITE OR USE THE SERVICES.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending you an email notification, by providing notice through the Services, or by updating the “Last Modified” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms (as may be amended or updated) to ensure that you understand the terms and conditions that apply to your access to and use of the Services. If you do not agree to any amended Terms, you must immediately stop accessing and using the Services and give us written notice.

1. LAWS AND REGULATIONS

User access to and use of any Site is subject to all applicable international, federal, state and local laws and regulations, and you agree to comply with such applicable laws and regulations.

2. COPYRIGHT/TRADEMARKS

The trademarks, logos and service marks (the “Marks”) displayed on the Sites are the property of 6Lock and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages, websites or digital properties without the written permission of 6Lock or such third party that may own the Marks. All information and content including any software programs available on or through a Site (the “Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through a Site for commercial or public purposes.

3. NO WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITESARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

6LOCK DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH A SITE BY ANY PARTY OTHER THAN 6LOCK. UNDER NO CIRCUMSTANCE WILL 6LOCK BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH A SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A SITE.

4. LIMITATION OF LIABILITY FOR USE OF THE SITE; YOUR INDEMNITY

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON A SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND 6LOCK SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. 6LOCK DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON ITS SITES IS COMPLETE OR UP TO DATE. 6LOCK IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON ITS SITES. 6LOCK MAY CHANGE THE CONTENT ON ITS SITES AT ANY TIME WITHOUT NOTICE. 6LOCK MAY MAKE IMPROVEMENTS OR CHANGES TO ITS SITES AT ANY TIME.
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YOU AGREE THAT 6LOCK, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF ITS SITES OR WITH THE DELAY OR INABILITY TO USE ITS SITES, EVEN IF 6LOCK IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE FAILURE TO EFFECT A TRANSFER OF FUNDS, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. 6LOCK CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ITS SITES.
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6LOCK SHALL NOT HAVE ANY LIABILITY TO YOU FOR ANY TRANSFERS OF MONEY, INCLUDING WITHOUT LIMITATION, (I) ANY FAILURE, THROUGH NO FAULT OF 6LOCK OR ANY BANK, TO COMPLETE A TRANSACTION IN THE CORRECT AMOUNT OR IN A TIMELY FASHION, OR (II) ANY RELATED LOSSES OR DAMAGES.
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YOU ALSO AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS 6LOCK, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE 6LOCK SERVICES, OR ANY VIOLATION BY YOU OF THESE TERMS.

5. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and in accordance with the 6Lock Privacy Policy & Notice of State Privacy Rights (the “Privacy Policy”), https://www.6lock.com/privacy-policy, 6Lock will maintain the confidentiality of all user communications that contain personal user information and are transmitted directly to 6Lock.

6. TRANSMISSION AND USE OF PERSONAL DATA

User acknowledges and agrees that by providing 6Lock with any personal or proprietary user information through the Sites, user consents to the transmission of such personal or proprietary user information over the Internet as necessary for processing in accordance with 6Lock’s standard business practices. Further, you acknowledge, agree and consent that 6Lock may use your information and data entered into the 6Lock
platform on an aggregate basis or on an anonymized or de-identified basis in connection with the conduct
of its business.

‍https://www.6lock.com/privacy-policy‍

7. CHANGES TO THESE TERMS OF SERVICE

6Lock reserves the right to revise these Terms at any time and users are deemed to be apprised of, and bound by, any changes to these Terms. 6Lock will indicate that changes to these Terms of Service have been made by updating the date indicated after “Last Modified” at the top of these Terms. Your continued use of the Sites after that date constitutes your agreement to the revised and/or modified Terms.

8. VIOLATIONS OF RULES AND REGULATIONS

6Lock reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address or user to a Site.

9. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.

10. USE OF “COOKIE” FILE FEATURES

6Lock reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying our Sites to reflect users’ preferences. The 6Lock Privacy Policy provides additional information regarding 6Lock’s use of cookies as well as procedures for disabling cookies.

‍https://www.6lock.com/privacy-policy

11. DIGITAL MILLENNIUM COPYRIGHT ACT - NOTIFICATION TO 6LOCK REGARDING ALLEGED COPYRIGHT INFRINGEMENT

6Lock has registered an agent with the United States Copyright Office in accordance with the terms of the
Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. 6Lock reserves the right to remove any Content on the Site that allegedly infringes another person’s copyright. Notices to 6Lock regarding any alleged copyright infringement on the Site should be directed to 6Lock at info@6lock.com.

12. JURISDICTION/GOVERNING LAW

Users of this Sites agree to submit to the laws of the State of Texas and applicable federal law, without regard to conflicts of laws principles, and agree that the applicable federal and state courts located in Travis County, Texas shall have exclusive jurisdiction over any dispute regarding these Terms or any matter between 6Lock and you as a user of the Site(s).

13. TRADEMARKS AND SERVICE MARKS

The following are trademarks and service marks of 6Lock, its subsidiaries and/or affiliates that may appear on the Sites. This is not a comprehensive list.
6LOCK

Previous Version(s):
March 6, 2024

6LOCK REGULATION GG POLICY DOCUMENT

1. Introduction

1.1 Purpose
This document serves as the Regulation GG Policy for 6lock, which will cover the framework and guidelines of the Unlawful Internet Gambling Enforcement Act (UIGEA). This policy aims to ensure compliance with federal regulations and to prevent the facilitation of illegal Internet gambling activities. The act generally defines "unlawful internet gambling" as placing, receiving, or otherwise knowingly transmitting a bet or wager by any means which involves the use, at least in part, of the internet where such bet or wager is unlawful under any applicable federal or state law in the state or tribal lands in which the bet or wager is initiated, received, or otherwise made.

‍1.2 Overview
6lock’s Regulation GG Policy includes guidelines on identifying and blocking transactions related to unlawful internet gambling. It specifies that payments, including payments made through ACH processing, wire transfers and electronic funds transfers if associated with unlawful internet gambling, are termed "restricted transactions." The policy outlines the responsibilities of 6lock in preventing these restricted transactions to ensure adherence to the UIGEA.

‍1.3 Scope of Transactions
This policy applies to all ACH, wire transactions and electronic fund transfers facilitated by 6lock, including:

Limited Partner Payments: Initiating ACH debits from Private Equity customer bank accounts to distribute funds to Limited Partner bank accounts via wire, ACH credits or electronic funds transfers.
Private Equity Payments: Initiating ACH debits from Limited Partner customer bank accounts to Private Equity customer bank accounts via wire, ACH credits or electronic funds transfers.
Service Provider Payments: Initiating ACH debits from Private Equity customer bank accounts to Service Provider customer bank accounts via wire, ACH credits or electronic funds transfers.

2. Policy

Under UIGEA and the regulations applicable to UIGEA, 6lock is not required to monitor or determine whether a customer is a gambler except that it must ensure that controls are in place to block unlawful ACH, wire or electronic funds transfers. 6lock has implemented policies and procedures reasonably designed to prevent or prohibit restricted
transactions, such as by identifying and blocking such transactions and the prohibition of customers who engage in unlawful internet gambling services to meet the UIGEA Final Rule requirements. 6lock shall comply with all established policies and procedures of Column to identify and block, prevent or prohibit restricted transactions. In addition, 6lock
will rely on a written notice and/or certifications from vendors stating that the policies and procedures that are in place meet the UIGEA Final Rule requirements.

6lock is not required to block ACH, or wire payments (payments from its customers' accounts) or electronic funds transfers related to unlawful internet gambling to comply with the Final Rule.
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‍2.1 Responsibilities
To have an effective Regulation GG Program, there are roles and responsibilities that each entity needs to execute. The following sections will provide an overview of the responsibilities 6lock and Column need to execute:

Independent Testing: 6lock will engage qualified professionals to perform periodic audits and reviews, including reviewing and approving the 6lock Regulation GG Policy on a yearly basis, and periodically conducting an independent audit for compliance with Regulation GG.
Compliance Officer: The Compliance Officer will hold ultimate responsibility for ensuring compliance with Regulation GG – UIGEA.
Senior Management: Senior management will make training available to all employees regarding the intent of the laws and regulations that govern the bank, including UIGEA.

‍2.2 Training
Training is a fundamental element of a program and may encompass a wide range of elements. When it comes to Regulation GG-related operations, 6lock can cover the intent of the laws and regulations that govern 6lock, including UIGEA. It is recommended training be performed on an annual basis.

‍2.3 Payment Systems
The following payment systems could be used by participants in connection with, or to facilitate, a restricted transaction:

Automated clearinghouse (ACH) systems: 6lock receives and sends a large number of ACH transactions. While there is no database of unlawful internet gambling businesses, it is impossible to review each ACH for restricted transactions. If 6lock receives actual knowledge of a restricted transaction, it will refuse to complete the transaction. Additional documentation may be requested to ensure it is not a restricted transaction. If 6lock is unable to verify the validity of the transaction, it will be refused. 6lock will not originate ACH entries using standard entry codes associated with unlawful internet gambling.
Wire transfer systems: If 6lock receives actual knowledge that a wire transaction involves a prohibited transaction, it will refuse to complete the transaction. Additional documentation may be requested to ensure it is not a restricted transaction. If 6lock is unable to verify the validity of the transaction, it will be refused.
Money transmitting businesses:
- Engage in the transmission of funds, which does not include check cashing, currency exchange, or the issuance or redemption of money orders, traveler's checks, and other similar instruments; and
- Permit customers to initiate transmission of funds transactions remotely from a location other than a physical office of the money transmitting business.

2.4 Safe Harbor
In accordance with the provisions of UIGEA, 6lock shall not be liable to any party for transactions that are identified and blocked, for preventing or prohibiting the acceptance of any products or services in connection with a restricted transaction, or for refusing to honor a transaction in any other manner. The liability protections apply when the transaction is restricted, reasonably believed to be restricted, or when 6lock is a participant in a designated payment system and blocks or prevents the transaction based on the designated payment system’s established policies and procedures set forth to comply with the regulation.

3. Procedures

3.1 Customer Due Diligence
6lock shall conduct risk-based due diligence of customer accounts at account opening to make a determination regarding the risk the merchant account presents of engaging in an internet gambling business. This due diligence will be performed in conjunction with the existing account opening processes required by the Bank Secrecy Act.

For individually owned accounts, no further due diligence is required.
Certain entities are defined in the rule as posing minimal risk, such as agencies, departments or divisions of federal or state government and entities directly supervised by a Federal functional regulator (e.g. banks, savings associations, credit unions, broker-dealers, etc.). For commercial accounts where the bank determines there is "minimal risk" of it being an internet casino, no further steps are required.
For commercial accounts where it can't be immediately determined that there is "minimal risk" the applicant that does not operate as an internet gambling business, the customer should certify that they do not engage in internet gambling activity. 6lock’s BSA/AML procedures verify that commercial customers are not operating a gambling operation. For those that certify this, no further steps are required.

When 6lock has "actual knowledge" that one of their commercial customers is participating in restricted transactions, they will close the account. The "actual knowledge" standard is met when a particular fact regarding a customer is known by or brought to the attention of 6lock’s Compliance Officer.

‍3.2 Prohibited Industry / Activity
6lock’s BSA/AML procedures outline a list of prohibited industries, including the prohibition of conducting business with companies providing internet gambling services.
In addition, the following MCC codes related to gambling are not supported by 6lock:

7995 - Gambling Transactions, Betting

‍3.3 Suspicious Activity
In accordance with 6lock’s AML & Sanctions Policy, 6lock will comply with the suspicious activity monitoring and reporting requirements under the Bank Secrecy Act (BSA). The discovery of restricted and unlawful gambling activities will prompt the filing of a Suspicious Activity Report (SAR). Additionally, if an identified transaction is refused, a SAR will also be filed.

‍3.4 Notification to Customers
6lock shall provide notification of the requirements under this law to existing customers. Notice to all new customers will be made using the account opening agreement forms signed at the time of account opening.