Prohibited Use

No business or other entity is eligible to use the Services, either as a American eWallet customer or end user, if it assumes any of the following legally recognized forms:

  • an entity that is formed in a foreign jurisdiction of which its beneficial owners are neither residents nor citizens;
  • a business association that (i) is structured without active business operations or significant assets, or (ii) has any subsidiaries without active business operations or significant assets;
  • a business association formed under the name of any federally recognized indigenous American tribe pursuant to the rights and privileges afforded to that tribe under the Indian Reorganization Act, 25 U.S.C. § 5112 et. seq.; or
  • an entity whose bylaws or other chartering document permit the issuance of equity securities that are wholly owned by whoever bears the stock certificate.

American eWallet customers and end users are also strictly prohibited from using the Services to support any of the products, services, or methods of selling categorized below (each, a “Prohibited Use”).

If the nature of a customer’s platform application offers the potential for any end user of the Services to engage in any Prohibited Use, then the customer must not only incorporate this Policy into its end user-facing terms or conditions, but expressly prohibit every relevant Prohibited Use in those terms or conditions, in writing.

The description of each Prohibited Use below is simplified to offer guidance on what one or more activities are prohibited. The descriptions should be construed broadly; they are neither intended to establish legal or regulatory definitions of these terms nor guide you in any way as to the application of any law or rule. These descriptions should not be considered legal, regulatory, or compliance advice by any means. The word “including” as used in any description below should not be construed with limited scope and should be read as if immediately followed by the words “but not limited to.”

American eWallet and its partners prohibit these activities because they are either (a) highly susceptible to fraud and high dispute and chargeback rates; or (b) illegal or only legal in a limited number of jurisdictions or when complying with some specific set of formidable laws or rules. American eWallet customers are responsible for enforcing these prohibitions on their end users.

Prohibited Use Description
Adult Entertainment Payment for the support of or access to adult entertainment or pornography, either online or at a physical location, and regardless of whether or how monetized.
Aircraft Sales Purchase, sale, or exchange of any kind of aircraft or aircraft part, excluding any drone or other unmanned aerial vehicle (UAV).
Cannabis Product Sales Purchase, sale, distribution, or exchange of any kind to effect the acquisition of a cannabis product of any kind, including CBD oil but excluding any hemp product.
Card Network-Prohibited Activities Any transaction type prohibited by any card network, including transactions for any business that sets requirements for minimum or maximum transaction amounts.
Cash-Based MSB Activities Operations of a licensed or unlicensed money transmitter or check casher or its merchants or agents that support cash payments.
Cashless ATM Payments PIN-entry debit card payments at a merchant terminal device that processes payments only in incremental values, resulting in a cash disbursement to payers for the difference between the incremental value and the value owed to merchants.
Chat and Dating Services Monetization of any business or social media platform that facilitates interpersonal connections among clients or users seeking romantic or sexual partners.
Currency Exchange Exchange of one sovereign currency for another sovereign currency, whether or not licensed, either physically or online, either domestically or cross border, including where any digital asset may be used to intermediate the conversion.
Escort Services Sex trafficking or the marketing, sale, or facilitation of commercial sex acts, “companionship,” or other niche personal services, including the services of any type of “encounter” group or club.
Firearm and Ammunition Sales Manufacture, sale, or distribution of any firearm, firearm part, ballistics device, or ammunition of any kind, including any schematics or blueprints that can be used to independently manufacture firearms, whether with use of a 3D printer or otherwise.
Fireworks or Explosives Sales Manufacture, sale, or distribution of any firework or other form of highly regulated explosive.
“Get-Rich-Quick” Schemes The offer of a high rate of return on an initial investment without disclosure of how funds are invested or what risks are involved.
Illegal Services or Product Sales Marketing, sale, distribution, or exchange of products or services of any kind deemed illegal by any level of government.
Marijuana or Illicit Drug Sales Purchase, sale, distribution, or exchange of any kind to effect the acquisition of marijuana or any other controlled substance prohibited under the U.S. Department of Justice’s Schedules of Controlled Substances, 21 C.F.R. pt. 1308.
Massage Services Marketing, sale, or facilitation of any massage or similar personal care services unless associated with a licensed spa or chiropractic care office.
Multilevel Sales and Marketing Sales supported by commission-based chain referrals or similar franchises (also known as “pyramid schemes” or “franchise fraud”).
Nested Payments or Money Transmission The resale or repackaging of the Services or the services of any money services business for use by any person or business seeking to facilitate transactions for its own end users.
Online Tobacco Sales Online marketing, sale, or distribution of tobacco products to consumers.
On-Site or Unlicensed Gambling Includes each of the following:
On-Site Gambling or Wagering: Placement of any wager or payout of any winnings in support of the operations of any land-based casino, on-track or off-track betting site, or other betting house.
Unlicensed Gambling Games or Games of Chance: Direct placement of a wager or the marketing, purchase, sale, or exchange of any credit used to place a wager on any contest that has any clear element of a game of chance, including sports betting, track betting, online slots, poker, etc., whether live or virtual, but that is not sponsored by a state or local government agency or facilitated by a business specifically licensed under applicable state or local law.
Payday Lending Offering or repaying on any loan product or extension of credit covered under the U.S. Consumer Financial Protection Bureau’s Payday Lending Rules, 12 C.F.R. pt. 1041.
Pharmaceutical Sales Marketing, sale, or distribution of any kind of prescription medication or over-the-counter pharmaceutical regulated under the U.S. Department of Justice’s Schedules of Controlled Substances, 21 C.F.R. pt. 1308.
“Pseudo” Product Sales Purchase, sale, or distribution of any product that uses deceptive labeling or imitation practices or false names or endorsements.
Rotating Credit and Savings Pooling funds among participants to facilitate unregulated investing, lending, or savings, including on a round-robin basis or otherwise.
Tattoo Services Purchase, sale, or provision of tattoos as a product or service.
Tax Anticipation Services Marketing, offer, purchase, sale, or underwriting of any kind of tax refund anticipation loan.
Unfair, Predatory, or Deceptive Practices Marketing, purchase, sale, or distribution of products or services of any kind that support fraud or engage in any unfair, deceptive, or abusive act as defined by the U.S. Consumer Financial Protection Bureau under 12 C.F.R. pt. 1041.

Contact Us
If you have any questions about this Policy, please contact us at info@americanwallet.app

This policy was last updated on 2023-02-05.