Please read these Terms of Use carefully before using BanyonPay. By accessing or using BanyonPay, you agree to be bound by these Terms. If you do not agree, do not use the service.

1. Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Banyon Data Systems, Inc. (“Banyon,” “we,” “us,” or “our”), a Minnesota corporation located at 350 W Burnsville Pkwy, Burnsville, MN 55337. They govern your use of the BanyonPay online payment platform, including all associated websites, applications, and services (collectively, the “Service”).

By creating an account, clicking “I agree,” or otherwise using the Service, you represent that you have read, understood, and agree to these Terms. Your continued use after any modification constitutes acceptance of the updated Terms.

2. Description of Services

BanyonPay is a secure online payment portal that enables residents, businesses, and authorized representatives to pay municipal utility bills, vendor invoices, and other amounts owed to participating cities and municipalities (“Entities”). Banyon acts solely as a technology intermediary; it does not own, manage, or administer the underlying municipal accounts or billing systems.

The Service includes account registration and management, bill lookup, online payment processing via CardConnect (a Fiserv company), payment history, invoice management, and related features as described at the time of use.

3. Eligibility

You must be at least 18 years old to create an account or initiate a payment through BanyonPay. By using the Service, you represent and warrant that you are at least 18 years of age or are using the Service under the supervision and with the consent of a parent or legal guardian.

If you are acting on behalf of another individual (e.g., paying a family member’s utility bill), you represent that you are authorized to act as that person’s agent for purposes of initiating payments and managing account information through BanyonPay.

Use of the Service is void where prohibited by applicable law.

4. User Accounts

To access certain features, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Keep your account credentials confidential and not share your username or password with any third party;
• Notify us immediately at support@banyon.com if you suspect unauthorized access to your account; and
• Accept responsibility for all activity occurring under your account, whether or not authorized by you.

Banyon reserves the right to suspend or terminate accounts that contain inaccurate information, violate these Terms, or have been compromised.

5. Municipality and Entity Accounts

Municipalities, cities, and other government entities that use BanyonPay to manage their billing portal (“Entity Administrators”) agree to these Terms and, in addition, to the following:

• Entity Administrators are responsible for the accuracy of all billing data, account information, and fee configurations uploaded or maintained within the Service;
• Clerk and administrator accounts must only be granted to authorized personnel; Entity Administrators are responsible for promptly deactivating accounts of departing employees;
• Entity Administrators shall not use the Service to collect payments for purposes not authorized by applicable law or their governing authority;
• Banyon is not responsible for errors in billing data, account numbers, or fee structures originating from the Entity;
• Any convenience fees or service charges displayed through the Service are configured by or in agreement with the Entity and are the Entity’s responsibility to disclose to residents under applicable law.

6. Payment Transactions

Payments made through BanyonPay are processed by CardConnect (a Fiserv company), a PCI DSS–compliant payment processor. Banyon does not store, transmit, or process raw payment card numbers; all card data is handled exclusively by CardConnect in accordance with their security standards.

By initiating a payment, you authorize Banyon to submit your payment to CardConnect on your behalf and to transmit the payment confirmation to the applicable Entity. You acknowledge that:

• Payments are processed in real time, but posting to your municipal account may take one or more business days depending on the Entity’s billing system;
• Any convenience fee displayed at checkout is charged in addition to the bill amount and is non-refundable unless the underlying transaction is reversed;
• You are responsible for ensuring sufficient funds or available credit before initiating a payment;
• Duplicate payments are your responsibility; Banyon will make reasonable efforts to assist in resolving duplicate charges, but cannot guarantee reversal.

7. Refund and Dispute Policy

Because payments are made to a municipality or government entity, refund and adjustment decisions rest entirely with that Entity. Banyon has no authority to issue refunds of amounts paid to an Entity. To request a refund, credit, or correction, you must contact the relevant municipality or government entity directly.

If you believe a payment was processed in error due to a technical failure on Banyon’s platform (e.g., a duplicate charge caused by a system error), contact us at support@banyon.com within 30 days of the transaction. We will investigate and coordinate with CardConnect and the Entity as appropriate. Banyon’s liability in such cases is limited as set forth in Section 12 below.

Non-refundable convenience fees will not be reversed except in cases of documented technical error attributable solely to Banyon.

8. Acceptable Use

You agree not to use the Service to:

• Submit fraudulent, forged, or unauthorized payment information;
• Impersonate another person or entity, or misrepresent your authority to act on another’s behalf;
• Access, scrape, or harvest account data via automated means (bots, crawlers, scripts) without Banyon’s written consent;
• Attempt to gain unauthorized access to any portion of the Service, its infrastructure, or another user’s account;
• Transmit malware, viruses, or any code designed to disrupt or damage the Service;
• Use the Service for any purpose prohibited by applicable federal, state, or local law; or
• Interfere with the Service’s operation or impose an unreasonable load on its infrastructure.

Violation of this section may result in immediate account suspension, termination, and referral to law enforcement where appropriate.

9. Intellectual Property

All content, features, and functionality of BanyonPay—including but not limited to the BanyonPay name, logo, user interface design, text, graphics, software, and source code—are owned by or licensed to Banyon Data Systems, Inc. and are protected by United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose of making and managing municipal payments. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works of any part of the Service without Banyon’s prior written consent.

10. Third-Party Services

BanyonPay integrates with third-party services to deliver its functionality:

• CardConnect (Fiserv) — Payment processing and tokenization. Your payment card data is subject to CardConnect’s privacy policy and PCI DSS standards. Banyon does not receive or retain your full card number.
• Google Pay — Where supported, Google Pay may be used to initiate payments. Use of Google Pay is subject to Google’s terms of service.
• Mailgun (Sinch) — Transactional email delivery for account notifications and bill alerts. Email is only sent if you opt in or in response to an account action you initiate (e.g., password reset).

Banyon is not responsible for the practices, availability, or content of any third-party services. Links to or integrations with third-party services do not constitute an endorsement.

11. Disclaimers of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANYON DATA SYSTEMS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BANYON DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (C) DEFECTS IN THE SERVICE WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BANYON DATA SYSTEMS, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BANYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BANYON’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL FEES YOU PAID TO BANYON DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations shall apply to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Banyon Data Systems, Inc. and its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party right, including intellectual property or privacy rights.

14. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict-of-law principles. Any legal action or proceeding not subject to arbitration under Section 15 shall be brought exclusively in the state or federal courts located in Dakota County or Ramsey County, Minnesota, and you hereby consent to personal jurisdiction and venue in such courts.

15. Dispute Resolution and Arbitration

Informal Resolution. Before initiating any formal proceeding, the parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service by contacting support@banyon.com and engaging in good-faith negotiation for at least 30 days.

Binding Arbitration. If informal resolution fails, any dispute (except as excluded below) shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. Arbitration shall take place in Dakota County, Minnesota or via videoconference. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND BANYON EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable, the entire arbitration provision shall be null and void.

Exclusions. Either party may seek injunctive or other equitable relief in court for claims involving intellectual property infringement, unauthorized access to the Service, or other matters where monetary damages would be inadequate.

16. Modifications to These Terms

Banyon reserves the right to modify these Terms at any time. If we make material changes, we will notify you at least 30 days in advance by email (if you have an account) or by posting a notice on the Service. Your continued use of the Service after the effective date of any revision constitutes your acceptance of the updated Terms.

If you do not agree to the modified Terms, you must stop using the Service and may request account deletion by contacting support@banyon.com.

17. Termination

Banyon may suspend, restrict, or terminate your access to the Service at any time, with or without notice, for any reason including but not limited to violation of these Terms, suspected fraudulent activity, or inactivity. Upon termination, your right to use the Service immediately ceases. Provisions that by their nature should survive termination—including Sections 9, 11, 12, 13, 14, and 15—shall survive.

You may terminate your account at any time by contacting support@banyon.com. Termination does not relieve you of obligations for payments already initiated.

18. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Banyon regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

No Waiver. Banyon’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign your rights or obligations under these Terms without Banyon’s prior written consent. Banyon may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

19. Contact

Questions about these Terms? Contact us:

Banyon Data Systems, Inc.
350 W Burnsville Pkwy
Burnsville, MN 55337
support@banyon.com

Last updated: June 15, 2026

This Privacy Policy describes how Banyon Data Systems, Inc. collects, uses, and shares information when you use BanyonPay. Please read it carefully. By using BanyonPay, you agree to the practices described in this policy.

1. Who We Are

Banyon Data Systems, Inc. (“Banyon,” “we,” “us,” or “our”) is a Minnesota corporation that operates BanyonPay, a secure online payment platform for municipal utility bills and vendor invoices. Our principal place of business is 350 W Burnsville Pkwy, Burnsville, MN 55337.

For privacy-related inquiries, contact us at support@banyon.com.

2. Scope of This Policy

This policy applies to all users of BanyonPay, including:

• Residents and bill payers — individuals who use BanyonPay to pay utility bills or invoices;
• Municipality staff — clerks, administrators, and other employees of participating cities and entities who use BanyonPay to manage billing; and
• Anonymous users — anyone who uses Quick Pay or account lookup without registering.

3. Information We Collect

Information You Provide

• Account registration: First name, last name, username, email address, and password (stored as a cryptographic hash — we never store plaintext passwords).
• Account linking: Your utility account number(s) or vendor/invoice numbers, and the last name on the bill used to verify ownership.
• Contact information: Email address, used for password recovery and, if you opt in, bill notifications.

Payment Information

When you make a payment, your payment card details are entered directly into a secure form hosted or tokenized by CardConnect (a Fiserv company). Banyon never receives, stores, or processes your full card number, CVV, or expiration date. What Banyon does retain is the payment record: transaction amount, date, confirmation reference number (retRef), account number, and the last four digits of the card as returned by CardConnect.

Automatically Collected Information

• Server logs: IP address, browser type and version, operating system, referring URL, and pages visited. Retained for security monitoring and troubleshooting.
• Session data: An HttpOnly session cookie is set when you log in to maintain your authenticated session. This cookie is not accessible to JavaScript and expires when you sign out or close your browser.
• Preferences: A “banyonpay-theme” value is stored in your browser’s localStorage to remember your light/dark mode preference. This data never leaves your device.

Cookies Summary

BanyonPay uses only functional cookies and localStorage — no advertising, tracking, or analytics cookies. We do not use Google Analytics, Facebook Pixel, or similar third-party tracking tools.

4. How We Use Your Information

We use the information we collect to:

• Process payments — submit your authorized payment to CardConnect and record the transaction in your account history;
• Manage your account — authenticate your identity, link your utility or vendor accounts, and maintain your profile;
• Provide customer support — respond to inquiries, investigate payment issues, and resolve disputes;
• Send notifications — if you opt in, send you an email when a new bill or invoice is available. You can opt out at any time from Settings or by contacting us;
• Security and fraud prevention — monitor for unauthorized access, detect fraudulent transactions, and protect the integrity of the platform;
• Legal compliance — comply with applicable laws, respond to lawful government requests, and enforce our Terms of Use;
• Service improvement — analyze aggregate, anonymized usage patterns to improve reliability and features. We do not build individual behavioral profiles.

5. How We Share Your Information

We do not sell, rent, or trade your personal information. We share information only as described below:

Your Municipality or Entity

Payment records (account number, amount paid, transaction date, and confirmation number) are transmitted to the participating city or entity whose bill you are paying. This is the core function of the service. The entity’s use of that data is governed by the entity’s own privacy practices and applicable public-records law.

CardConnect (Fiserv)

Payment card data flows directly from your browser to CardConnect for processing. CardConnect is a PCI DSS–certified payment processor and handles card data under its own privacy and security policies. Banyon receives only the tokenized transaction result.

Mailgun (Sinch)

If you opt in to email notifications or if you initiate a password-reset request, your email address is passed to Mailgun solely to deliver that specific message. Mailgun does not use your email for marketing.

Legal and Safety Disclosures

We may disclose your information if required by law, court order, or valid government request, or where we believe disclosure is necessary to: (a) protect Banyon’s legal rights; (b) prevent fraud or a security threat; or (c) protect the safety of any person.

Business Transfers

In the event of a merger, acquisition, asset sale, or reorganization, your information may be transferred as a business asset. We will notify affected users via email or a notice on the Service prior to any transfer and a change in privacy practices.

6. Data Security

We implement technical and organizational measures designed to protect your information:

• Encryption at rest: Sensitive data fields are encrypted with AES-256 before storage.
• Encryption in transit: All connections to BanyonPay are encrypted using TLS (HTTPS). HTTP connections are redirected to HTTPS.
• No card storage: Banyon does not store payment card numbers. Card tokenization and storage are handled exclusively by CardConnect under PCI DSS Level 1 standards.
• Password hashing: Passwords are stored as salted cryptographic hashes; plaintext passwords are never stored.
• Access controls: Role-based access limits which employees and entity staff can access which data within the platform.

No security system is impenetrable. While we work hard to protect your information, we cannot guarantee absolute security. In the event of a data breach that is likely to result in a risk to your rights, we will notify affected users as required by applicable law.

7. Data Retention

We retain your information for as long as necessary to provide the Service and comply with legal obligations:

• Account data: Retained while your account is active. If you request account deletion, we will delete or anonymize personal information within 30 days, subject to the exceptions below.
• Payment records: Retained for a minimum of 7 years after the transaction date to comply with financial recordkeeping and tax law requirements.
• Server logs: Retained for up to 90 days for security and troubleshooting purposes.

8. Your Rights and Choices

Access and Correction

You may view and update your account information (name, email, linked accounts) in the Settings page of BanyonPay. For information you cannot update yourself, contact support@banyon.com.

Account Deletion

To request deletion of your account and personal information, contact support@banyon.com. Payment records may be retained as required by law (see Section 7).

Email Opt-Out

You can unsubscribe from bill notifications at any time via the Settings page under “Email Notifications” or by clicking the unsubscribe link in any notification email. Transactional emails related to your account actions (e.g., password reset) cannot be opted out of while your account is active.

Do Not Track

BanyonPay does not respond to browser-level “Do Not Track” signals because we do not engage in cross-site behavioral tracking.

9. California Residents — CCPA Rights

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with the following rights regarding personal information Banyon holds about you:

• Right to Know: You may request a list of the categories and specific pieces of personal information we have collected about you and the purposes for which it is used.
• Right to Delete: You may request deletion of personal information we have collected, subject to exceptions (e.g., legal obligations, fraud prevention).
• Right to Opt Out of Sale: Banyon does not sell personal information. No opt-out action is required.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of these rights.

To exercise these rights, submit a verifiable request to support@banyon.com from the email address associated with your account. We will respond within 45 days of receipt, as required by law.

10. Children’s Privacy

BanyonPay is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided us with personal information, please contact us at support@banyon.com and we will promptly delete such information. Users between 13 and 17 years of age should use the Service only with the consent and supervision of a parent or legal guardian.

11. Changes to This Policy

We may update this Privacy Policy from time to time. If we make material changes, we will notify you at least 30 days before the effective date by email (if you have an account) or by posting a prominent notice on the Service. The effective date at the top of this page will reflect the date of the most recent revision.

Your continued use of BanyonPay after the effective date of any change constitutes your acceptance of the updated policy.

12. Contact Us

For questions, concerns, or requests relating to this Privacy Policy or the handling of your personal information, please contact us:

Banyon Data Systems, Inc.
Attn: Privacy
350 W Burnsville Pkwy
Burnsville, MN 55337
support@banyon.com

Last updated: June 15, 2026