Terms of Service

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

You represent that you have the legal authority to enter into these Terms on behalf of the business entity you represent and that such entity agrees to be bound by these Terms.

2.1 Financial Technology Platform. Bark operates as a financial technology company and is not a bank insured by the FDIC. Banking services are provided by Piermont Bank, Member FDIC ("Partner Bank"). FDIC deposit insurance protects deposits in the event of an insured bank's failure.

2.2 Available Services. Through our platform, we provide access to:

• Business checking and savings accounts
• Corporate expense cards
• Treasury and cash management services
• Payment processing and money movement
• Financial reporting and analytics
• API and integration services

2.3 Investment Services. Investment advisory services are provided by Bark Securities, LLC, an SEC-registered investment adviser. Treasury accounts are custodied by Interactive Brokers LLC ("IBKR"), a FINRA/SIPC member and registered broker-dealer. FDIC insurance does not cover Treasury accounts.

3.1 Business Accounts Only. Our Services are available exclusively to businesses. We do not offer personal or consumer accounts.

3.2 Eligibility Requirements. To open and maintain an account, you must:

• Be a legally registered business entity in good standing
• Have a valid U.S. address and Employer Identification Number (EIN)
• Provide accurate, current, and complete information during registration
• Pass our identity verification and know-your-business (KYB) checks
• Not be subject to economic sanctions or located in prohibited jurisdictions
• Comply with all applicable anti-money laundering (AML) and sanctions laws

3.3 Verification. We may require additional information or documentation to verify your business identity, beneficial ownership, and legitimacy of business operations. Failure to provide requested information may result in account suspension or closure.

4.1 Deposit Accounts. Your deposit accounts are established with and maintained by Piermont Bank. Bark acts as your agent and service provider to facilitate access to these banking services.

4.2 FDIC Insurance. Funds in your checking and savings accounts are eligible for FDIC insurance up to applicable limits. Sweep network banks may hold portions of your deposits. Pass-through FDIC insurance applies when specific conditions are met.

4.3 Account Access. You may access your accounts through our web platform, mobile applications, and APIs. We reserve the right to modify access methods or temporarily suspend access for maintenance or security reasons.

4.4 Transaction Limits. Certain transaction types may be subject to daily, monthly, or per-transaction limits. We will notify you of applicable limits, which may vary based on your account type and risk profile.

5.1 Card Issuance. Piermont Bank issues Bark Corporate Expense Cards through its Mastercard® license. Cards are provided subject to approval and may be issued to authorized employees of your business.

5.2 Card Usage. Cards may only be used for legitimate business expenses. You are responsible for:

• Establishing and enforcing expense policies
• Monitoring employee card usage
• All charges made by authorized users
• Timely payment of card balances

5.3 Liability. You agree to notify us immediately of any unauthorized card use. Your liability for unauthorized transactions may be limited under applicable law and Mastercard rules.

6.1 Investment Management. Bark Securities LLC manages Bark Treasury with targeted annual net returns reaching 4.27% on uninvested cash balances. Yield figures are current as of August 12, 2025, based on aggregate Bark deposits exceeding $20M.

6.2 Custody and Risks. IBKR maintains custody of Treasury accounts. These products:

• Are not FDIC insured
• Are not deposits or obligations of Piermont Bank
• Are not guaranteed by Piermont Bank
• Are subject to investment risks, including potential loss of principal

6.3 Performance Disclaimers. Historical performance data represents limited time periods and should not be interpreted as predictive of future results. Investment returns fluctuate and cannot be guaranteed. Past performance does not predict future outcomes.

6.4 Money Market Funds. Funds invested in approved money market instruments may qualify for same-day settlement when transfers are initiated before 3pm ET on business days, contingent on partner processing capabilities.

7.1 Payment Methods. We support various payment methods including:

• ACH transfers (standard and same-day)
• Domestic and international wire transfers
• Check deposits and payments
• Card transactions
• Third-party payment integrations

7.2 Payment Authorization. By initiating a payment, you authorize us and our Partner Bank to debit or credit your account as instructed. You represent that you have the authority to authorize such transactions.

7.3 Payment Timing. Payment processing times vary by method and may be affected by weekends, holidays, and cut-off times. We are not responsible for delays caused by third parties or circumstances beyond our control.

7.4 Reversals and Disputes. We may reverse transactions that violate these Terms, applicable law, or appear fraudulent. You must notify us promptly of any errors or unauthorized transactions.

8.1 Permitted Use. You may only use our Services for lawful business purposes in compliance with these Terms and applicable law.

8.2 Prohibited Activities. You may not use our Services to:

• Violate any laws, regulations, or third-party rights
• Engage in money laundering, terrorist financing, or other illicit financial activities
• Process transactions for prohibited businesses or industries
• Circumvent our security measures or access controls
• Transmit malware, viruses, or harmful code
• Interfere with or disrupt our Services or infrastructure
• Create multiple accounts to evade restrictions or limits
• Provide false, misleading, or fraudulent information
• Engage in any activity that could harm our reputation

8.3 Monitoring and Enforcement. We monitor account activity for security, compliance, and fraud prevention. We may suspend or terminate accounts that violate this policy.

9.1 Fee Schedule. Current fees are outlined in our fee schedule, available on our website. We may modify fees with thirty (30) days' advance notice.

9.2 Payment Authorization. You authorize us to deduct applicable fees from your account. If your account lacks sufficient funds, we may suspend Services until payment is received.

9.3 Third-Party Fees. You are responsible for fees charged by third parties, including correspondent banks, payment networks, and other financial institutions.

10.1 Privacy Policy. Our collection, use, and sharing of your information is governed by our Privacy Policy and Consumer Financial Privacy Notice, incorporated herein by reference.

10.2 Security Measures. We implement industry-standard security measures to protect your information. However, no system is completely secure, and we cannot guarantee absolute security.

10.3 Your Security Obligations. You must:

• Maintain strong, unique passwords
• Enable two-factor authentication
• Protect your account credentials
• Promptly report security incidents
• Regularly review account activity

11.1 Our Property. The Services, including all content, features, and functionality, are owned by Bark and protected by intellectual property laws. You receive no ownership rights in our Services.

11.2 Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes.

11.3 Feedback. Any feedback, suggestions, or ideas you provide may be used by us without restriction or compensation.

12.1 Service Availability. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR USE.

12.3 Liability Cap. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) $1,000.

12.4 Forward-Looking Statements. Target return figures and performance projections constitute forward-looking statements that may not be achieved. Multiple variables influence outcomes, and actual results may differ materially from projections.

You agree to indemnify, defend, and hold harmless Bark, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your breach of these Terms
• Your violation of applicable laws or regulations
• Your use or misuse of the Services
• Your violation of third-party rights
• Actions of your authorized users

14.1 Governing Law. These Terms are governed by Delaware law without regard to conflict of law principles.

14.2 Arbitration Agreement. Any dispute arising from these Terms shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association.

14.3 Class Action Waiver. YOU WAIVE ANY RIGHT TO BRING CLAIMS ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS. ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS.

14.4 Exceptions. Either party may seek injunctive relief in court for intellectual property violations or breach of confidentiality.

15.1 Term. These Terms remain in effect until your account is closed.

15.2 Termination by You. You may close your account by contacting support and settling all outstanding obligations.

15.3 Termination by Us. We may suspend or terminate your account for:

• Violation of these Terms
• Suspicious or fraudulent activity
• Legal or regulatory requirements
• Extended inactivity
• Risk management reasons

15.4 Effect of Termination. Upon termination, we will return your funds after deducting amounts owed. Certain provisions survive termination, including indemnification and dispute resolution.

16.1 Changes to Terms. We may modify these Terms at any time. Material changes will be notified thirty (30) days in advance via email or platform notification.

16.2 Acceptance. Continued use of the Services after the effective date constitutes acceptance of modified Terms. If you disagree with changes, you may close your account.

17.1 Entire Agreement. These Terms, together with our policies and agreements, constitute the entire agreement between you and Bark.

17.2 Severability. If any provision is deemed invalid, the remaining provisions continue in full force.

17.3 Assignment. You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

17.4 Waiver. No waiver is effective unless in writing. Failure to enforce any provision does not constitute waiver.

17.5 Force Majeure. Neither party is liable for delays or failures due to circumstances beyond reasonable control.

For questions about these Terms or our Services: