General Terms of Service

By using our Services you affirm that you are an individual, at least 18 years of age or older, have the capacity to enter into this User Agreement and agree to be legally bound by the terms and conditions of this User Agreement, the Privacy Policy and Service Terms when applicable and that any and all transactions are being received by or sent to a wallet that is under your control and not for the benefit of anyone other than yourself.

In no case can the user utilize this online service to transfer cryptocurrency to any third party. Byte Federal is not responsible for any transmission to or from any party other than you the user and Byte Federal.

BE ADVISED – Once a transaction is confirmed on the Blockchain (as per public blockchain explorer explorer.bytefederal.com) we can not offer you any further support. Please contact your wallet provider for further questions.

Your access to one or more Services may be contingent upon creating a user account and satisfying our onboarding processes as well as our Compliance Program. “Compliance Program” means the requirements set by Byte Federal Inc. for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us. The information we request may include, without limitation, personally identifiable information such as network address, name, email, address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. Failure to provide information or update your user account promptly may result in Services being unavailable to you.

Risks of digital assets:

Please note that all transactions involving digital assets such as Bitcoin, Bitcoin Cash, Ethereum and other cryptocurrencies and experimental or innovative digital assets involve substantial risks. You should therefore carefully consider whether using our services is suitable for you in light of your financial condition. In considering whether to hold digital assets, you should be aware that the price or value of a digital asset can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. You acknowledge that we are not responsible for any loss of your digital asset, resulting from theft, loss, or mishandling of private keys outside our control.

All sales are final. Due to the nature of bitcoin transactions we are not able to offer any returns or refunds.

FinCEN MSB BSA #31000205262819 NMLS #2327474

Account agreement

Last updated: 07/09/21

The following terms and conditions constitute an agreement (Agreement) between you and Evolve Bank & Trust, and for the purposes of the Section titled “Security Interest” below, Byte Federal, Inc. (Agent), governing the use of your Byte account. (Byte Account). This Agreement also refers to and includes other disclosures we may provide to you, which are incorporated by reference. As used in this Agreement, Customer, you and your, mean the owner of the Byte Account, any person responsible for paying back all amounts you owe us under this Agreement, and any other person you may authorize to use and access your Byte Account (Authorized User). The terms we, us, our, Bank and Evolve mean Evolve Bank & Trust. By opening or continuing to use a Byte Account, you agree to this Agreement. Please keep a copy of this Agreement for your records.

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT IN SECTION V.C.23 AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. UNLESS YOU ACT PROMPTLY TO REJECT THE ARBITRATION AGREEMENT, IT REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. IMPORTANTLY, THE ARBITRATION AGREEMENT INCLUDES OPT OUT PROVISIONS.

I.IMPORTANT INFORMATION ABOUT YOUR BYTE ACCOUNT

  • Your Byte Account consists of a Byte Deposit Account or Accounts (Deposit Account) used for day to day banking activities, a Collateral Account (Collateral Account), used to hold cash collateral pledged to Byte Minerva Administrator LLC (Agent) and a Byte Visa Credit Card Account (Credit Card Account) provided by Celtic Bank. Celtic Bank also issues cards or other devices (i.e. a Card) to access your Credit Card Account.
  • Within your Byte Account, you may set up multiple Authorized Users to manage their use of your Byte Account. Each Authorized User can also be issued a Card, which is associated with a Credit Card Account.
  • You and your Authorized User(s) may never spend more than the amount you have in your Deposit Account with your Card or with transactions on your Deposit Account. We refer to this limit as the Spending Limit. Your Credit Card Account is also subject to a maximum Credit Limit. See Sections II.A.6 and III.A.2 for more information.
  • Each Card is a credit card which accesses the Credit Card Account, which is a line of credit provided by Celtic Bank. It is not a debit card.
  • YOUR OBLIGATION TO PAY US BACK FOR ALL CARD TRANSACTIONS AND OTHER OBLIGATIONS YOU INCUR IS SECURED BY YOUR DEPOSIT ACCOUNT. IF YOU DO NOT PAY US BACK FOR ANY AMOUNT YOU OWE US WHEN YOUR PAYMENTS ARE DUE, WE MAY EXERCISE OUR INTEREST AND DEBIT YOUR DEPOSIT ACCOUNT AND YOU CAN LOSE THE MONEY IN YOUR DEPOSIT ACCOUNT. SEE THE SECURITY AGREEMENT FOR MORE INFORMATION.
  • You are responsible for all activity conducted on your Byte Account by an Authorized User, and all transactions Authorized Users make will be treated as if you had made the transaction yourself.

TRUTH IN LENDING DISCLOSURES

IMPORTANT PRICING INFORMATION ABOUT YOUR Byte Card

Byte Truth in Lending Disclosures

Byte will apply the following fees or interest:

Annual Percentage Rate (APR) for Purchases and Cash Advances: 14.75%
Penalty APR and When it Applies: 19.75%

This APR (the Penalty APR) may be applied to your account if you do not pay the minimum payment due, make a late payment, or your payment is returned and you fail to make a successful payment by the Due Date. Your entire balance will be subject to the Penalty APR.
How Long Will the Penalty APR Apply?: If your APR is increased for any of these reasons, the Penalty APR may apply until you make all your required payments and you have no amount past due.

How to Avoid Paying Interest

Your Due Date is at least 21 days after the close of each Cycle. We will not charge you interest on purchases or cash advances if you pay your entire balance by the Due Date each month.

Minimum Interest Charge: None

For Credit Card Tips from the Consumer Financial Protection Bureau
To learn more about the factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore

Card Services Fees

Byte will assess the Card procurement fees listed below at any time after Client submits its order request to Fintech.

Initial Card Procurement Fee: $0.00​ per physical card with a magnetic stripe and EMV chip.
Additional service fees may apply for the type of postage.

Replacement Card Procurement Fee: $0.00​ per physical card with a magnetic stripe and EMV chip. Additional service fees may apply for the type of postage.

Cross-border Fee: 0.00​% of the Transaction Amount + $0.00​, per cross-border Transaction. Applied where an Authorized Client makes a purchase in a country other than the United States.

Foreign exchange Fee: 0.00​% of the Transaction Amount

Applied in each instance where Byte  converts funds from one currency to another. This calculation is made on the converted amount.

Disputes Fee or Late Payment or Returned Payment: $0 per occurrence

How We Will Calculate Your Balance: We use a method called “average daily balance (including new purchases).” See Section III.C.2 of this Agreement for more details.

Billing Rights: Information on your rights to dispute Byte Card transactions and how to exercise those rights is provided in Section III.E of this Agreement.

SECURITY AGREEMENT

1. Our Security Interest in Your Deposit Account. You hereby grant to us, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Deposit Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Collateral), to secure your performance under this Agreement, including your duty to pay us for all obligations you owe us under this Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Credit Card Account by you, an Authorized User, or any other person that you or an Authorized User permits to use your Credit Card Account (Security Interest).

2. Our Right to Exercise the Security Interest. You irrevocably and unconditionally relinquish possession and control over the Collateral, and you pledge and assign as security to us all of your right, title, and interest in it. You must take any action we request to perfect or protect our first lien position Security Interest in the Collateral. You waive the benefit of any homestead or other exemptions in the Collateral. Our Security Interest will be governed by Uniform Commercial Code – Article 9 (as adopted by the applicable state law) whether Article 9 applies by its terms or not. We do not have to give you any prior notice to apply the funds in your Deposit Account or other Collateral or its proceeds to satisfy your obligations. You expressly agree that our rights under this Security Agreement extend to any electronically deposited federal or state benefit payments (including Social Security benefits) to the extent permitted by law. If you do not want your benefits applied in this way, you may change your direct deposit instructions at any time with the person or organization paying the benefits. In addition, you grant us a right of setoff to your Deposit Account to secure all amounts you owe us under this Agreement. This right of setoff does not apply to your Collateral Account or to your Deposit Account if prohibited by law. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff or Security Interest.

3. Agent’s Security Interest in Your Collateral Account.

a. We and Agent acknowledge, and you confirm,  that you have separately granted to Agent, as of the date you enter into this Agreement, a security interest in all right, title and interest in any Collateral Account you have with us, and all funds deposited therein, now owned or hereinafter acquired (collectively, the Agent Collateral), to secure the performance of your obligations to Agent, pursuant to a separate agreement with Agent (Agent Agreement), including your duty to pay Agent for all obligations you owe Agent under that Agent Agreement, present or hereinafter occurring, when payments are due, for every transaction made with your Deposit or Collateral Accounts by you, an Authorized User, or any other person that you or an Authorized User permits to use your Byte or Collateral Account (Security Interest).

b. You, Agent, and we are entering into this Agreement to evidence Agent’s security interest in the Agent Collateral and Agent’s control over any Collateral Account that comprises Agent Collateral.  We confirm that we are a “bank” as defined in 9-102(a)(8) of the UCC (as defined below) and each Collateral Account is a “deposit account” as defined in 9-102(a)(29) of the UCC. Notwithstanding anything to the contrary in any agreement between the parties hereto or otherwise relating to any Collateral Account, the “bank’s jurisdiction” with respect to the perfection, non-perfection and/or priority of security interests, within the meaning of Section 9-304 of the Uniform Commercial Code (as in effect in the State of Tennessee, the “UCC”) shall be the State of Tennessee for the purposes hereof.

c. You expressly agree that we will comply with instructions originated by Agent directing disposition of the funds in any Collateral Account that comprises Agent Collateral without your further consent.

4. What Happens When You Spend Money. When you make a transaction on a Card, an equivalent amount of funds in the Deposit Account will be classified as Spent Money. The Spent Money will remain in your Deposit Account, but you will not earn interest on it. When you make a payment on your Card, an amount of the Spent Money equal to the amount of the payment will no longer be classified as Spent Money. You authorize us to limit your ability to withdraw or transfer all or part of the funds in your Deposit Account, up to the amount of funds classified as Spent Money, as reasonably necessary to ensure that your Card Balance (defined below in Section III.A.2.a) and total of other transactions on your Deposit Account do not exceed the Available Balance (defined below in Section IV.B.1) in your Deposit Account at any given time, and to preserve our rights under this Security Agreement.

5. YOU MAY LOSE FUNDS IN YOUR DEPOSIT ACCOUNT. If you are in default of any obligation under this Agreement, or your Byte Account is closed for any reason, you authorize us to withdraw funds from your Deposit Account and apply such amounts to the balance you owe us without sending you notice or demand for payment. We may do this in addition to the other rights we have under law or this Agreement. The application of your funds to the balance you owe under this Agreement will not affect your obligation to pay us in full. You are responsible for the repayment of all amounts you owe us under this Agreement.

6. Legal Proceedings. You represent that (a) there are no current lawsuits or bankruptcy proceedings that might affect our interest in your Deposit Account; and (b) you have not and will not attempt to transfer any interest in your Deposit Account to any other person or offer your Deposit Account as collateral or security for any other obligation. If any person seeks to attach your Deposit Account, for example by legal garnishment, you agree that we may deem all amounts you owe us, including any unpaid Byte Card Balance (defined below in Section III.A.2.a), immediately payable and apply the funds in your Deposit Account as payment of those amounts. If we must hire an attorney to defend or enforce our rights under the Security Agreement, you will pay our reasonable attorneys’ fees and court costs, unless prohibited by law.

TRUTH IN SAVINGS DISCLOSURES

IMPORTANT INFORMATION ABOUT YOUR DEPOSIT ACCOUNT

  • RATE INFORMATION. The interest rate on the balance in your Deposit Account that is eligible to earn interest is 0.0% with an annual percentage yield (APY) of 0.0%. Your interest rate and APY may change.
  • Determination of Rate. At our discretion, we may change the interest rate on your Deposit Account.
  • Frequency of Rate Changes. We may change the interest rate on your Deposit Account at any time.
  • Limitations on Rate Changes. There are no maximum or minimum interest rate limits.
  • COMPOUNDING AND CREDITING. Interest will be compounded daily and will be credited to your Deposit Account monthly. If you close your Deposit Account before interest is credited, you will not receive the accrued interest.
  • MINIMUM BALANCE REQUIREMENTS. No minimum balance requirements apply to your Deposit Account.
  • BALANCE COMPUTATION METHOD. You earn interest on the balance in your Deposit Account that is not classified as Spent Money. The amount of Spent Money in your Deposit Account is equal to your outstanding, unpaid Byte Card Balance. We use the average daily balance method (less Spent Money) to calculate interest on your Deposit Account. This method applies a periodic rate to the average daily balance (less Spent Money) in your Deposit Account for the Cycle. The average daily balance may be calculated based on your ledger balance or your Available Balance. To get the average daily balance (less Spent Money), we add the balance in the Deposit Account for each day of the Cycle, then subtract the Spent Money for each day of the Cycle, and divide that figure by the number of days in the Cycle. You will not earn interest on any balance in your Deposit Account that is classified as Spent Money.
    ACCRUAL ON NON CASH DEPOSITS. Interest begins to accrue no later than the Business Day we receive credit for the deposit of non-cash items.
  • TRANSACTION LIMITATIONS. You may not make transactions that would cause the Spent Money to exceed the total balance in your Deposit Account. If you have more than one Sub-Account, you may not make transactions with any Sub-Account that would cause the Spent Money in the Deposit Account to exceed the total Available Balance in the Deposit Account, If you exceed these limits, we may close, suspend, or freeze your Deposit Account.
  • FEES AND CHARGES. Please refer to the separate Fee Schedule provided to you with this Agreement for information about fees and charges associated with your Deposit Account. A Fee Schedule will be provided to you at the time you open a Byte Account, periodically when fees or charges change, and upon request.

II. GENERAL TERMS

This section applies to all features of your Byte Account

A. About your Byte Account

  1. Evolve. The Byte Account is provided by Evolve Bank & Trust.
  2. Celtic Bank. The Byte Visa Credit Card Account is provided by Celtic Bank.
  3. Business Days. Our Business Days are every day except Saturdays, Sundays, and holidays.
  4. Contacting  Us. Login to Byte and contact the Byte team via live chat. You may also write to us at 2261 Market Street #4175, San Francisco CA, 94114 . We will deem any and all notices to us effective upon receipt by us.
  5. Your Account. Your Byte Account includes a Deposit Account, a Collateral Account and a Credit Card Account THE CREDIT CARD ACCOUNT IS A CHARGE CARD THAT ACCESSES A LINE OF CREDIT. IT IS NOT A DEBIT CARD. INTEREST AND OTHER CHARGES MAY APPLY. Within your Byte Account, you may set up one or more Authorized Users. Spending Limit. You may never spend more than the amount you have in your Deposit Account with your Card or with transactions on your Deposit Account. We refer to this limit as the Spending Limit. Your Spending Limit is determined by taking the Available Balance and subtracting the Spent Money. The Spent Money is a portion of the Available Balance in your Deposit Account in an amount equal to your total Byte Card Balance. If you make a transaction that causes you to exceed the Spending Limit on your Byte Account, you agree to immediately make a payment on your Card or make a deposit to your Deposit Account such that you no longer exceed your Spending Limit.
    Our general practice is to decline any transaction that would cause you to exceed any applicable Spending Limit. Even if we have permitted you to exceed your Spending Limit before, we are not required to do it in the future. We may determine the amount of Available Balance, Spent Money, and Byte Card Balance for the purpose of deciding whether a transaction will cause you to exceed a Spending Limit only once, and at any time between the time you authorize the transaction and when we decline the transaction or send a notice of the declined transaction.
  6. The App. You can access your Byte Account through the Byte Platform (App). You may log in to the App at any time to view and update information about your Account and initiate online transactions. Your use of the App is subject to the Byte Terms of Service.
  7. Periodic Statements. We will make available to you one periodic statement (Statement) for your Byte Account per month, covering activity on your Card and Deposit Account during each monthly cycle (Cycle). Each Statement will tell you how much you must pay us, and when the payment is due (Due Date). We may make your Statements available through the App, or by e-mail. We have made the Statement available to you on the day we notify you that the Statement is available. If your Deposit Account balance has charged off, we may provide you with quarterly Statements.

B. Opening Your Byte Account

  1. Identifying You. To help the United States Government fight terrorism and money laundering, federal law requires us to obtain, verify, and record information that identifies each person that opens an Account. What this means for you: when you open a Byte Account, we will ask you for your name, street address, email, phone number, Social Security Number (SSN), and date of birth, and other information that will allow us to identify you. Consumer Reporting Agencies. You authorize us to obtain information about you from time to time from consumer reporting agencies, check verification services, and other third parties for the purpose of considering your application for a Byte Account or any other purpose permitted by law.
  2. TIN/Backup Withholding. We are required by federal law to obtain your correct taxpayer identification number (TIN) in order to avoid potential backup withholding and to report interest income paid to you in connection with your Byte Account. If you are subject to backup withholding or if the Internal Revenue Service (IRS) notifies us that we do not have a correct TIN for you, we may be required to withhold and remit to the IRS a percentage of interest paid (backup withholding) to your Deposit Account. Amounts withheld are reported to the IRS as federal tax withheld and will be reflected on your IRS Form 1099-INT, Interest Income. A TIN may be your SSN if your Byte Account is in your name and you are either a U.S. citizen, permanent resident, or otherwise eligible to receive an SSN.
  3. Identifying your business .You will need to provide Company information and certain personal information (collectively, “Company Information”), when you apply for an Account. Company Information may include your registered business name and state of incorporation, the business address, ownership details, the nature of the business, and other business information we may request from time to time; the name, contact information, and date of birth of beneficial owners and certain other personnel, and other personal information; and a corporate registration certificate, proof of address, personal identification, and any other documentary information used to verify business and personal information. We provide Company Information to our Banking Services Provider and other third-party service providers to determine your eligibility for the Services. We rely on the accuracy of the Company Information you provide us when opening and maintaining your Account. We may deny your applications, suspend provision of the Services to you, or close your Account if Company Information is out of date, incomplete, or inaccurate. At any time during the term of this Agreement and as part of your use of the Services, we may require additional Company Information from you to verify your identity and the identity of your business, to obtain other information about your business, to open and maintain accounts and aspects of the Services, to assess your financial condition, and to evaluate the risks associated with your business. You expressly consent and authorize us to retrieve additional Company Information about Company and its owners or directors from our vendors and other third parties to solely to assess the history and risks of the business and to prevent fraud, including by obtaining information from credit reporting agencies and information bureaus, and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include names, addresses, credit history, and other data. You acknowledge that we may use Company Information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business.
  4. Ownership of Byte Account. This is a business account .
  5. Authorized Users. You may authorize one or more Authorized Users to use and access your Byte Account, or any Sub-Account, subject to our approval. The Authorized User must be at least 18 years of age. We reserve the right to limit the number of Authorized Users of your Byte Account. We may require you to submit certain information about each person you request to make an Authorized User on your Byte Account or a Sub-Account. Authorized Users will have access to certain information about your Byte Account and will be able to make transactions with your Byte Account. You will be responsible for an Authorized User use of the Byte Account, and use of the Byte Account by anyone else they allow to use the Byte Account, even if you did not want, or agree to, that use. We may also limit an Authorized User ability to use the Byte Account. The Authorized User is designated to conduct transactions on your behalf. You do not give up any rights to act on the Byte Account, and the Authorized User may not in any manner affect the rights of the owner or beneficiaries, if any, other than by using the Card and making transactions on the Byte Account. We undertake no obligation to monitor transactions to determine that they are on the owner’s behalf. The Authorized User authority is automatically terminated by the death of any owner of the Byte Account. However, we may continue to honor the transactions of the Authorized User until: (a) we have received written notice or have actual knowledge of the termination of authority, and (b) we have a reasonable opportunity to act on that notice or knowledge. We may refuse to accept an Authorized User for any reason, at our sole discretion.
  6. Removing an Authorized User. If you want to remove an Authorized User from your Byte Account, you must contact us and request their removal. Authorized Users may remove themselves from your Byte Account upon request. You also must immediately destroy all Cards in their possession, change or destroy any other Access Credentials (as defined below in Section V.C.1) in their possession, and cancel any arrangements, such as automatic or scheduled transactions, they may have set up on your Byte Account. The Authorized User will be able to use your Byte Account until we receive the request to remove the Authorized User from your Byte Account and we have acted on your notice. During this time, you will still be responsible for all transactions the Authorized User makes using your Byte Account. You will be responsible even if these transactions do not appear on or post to your Byte Account until after you remove the Authorized User from the Byte Account. We reserve the right to remove any Authorized User from your Byte Account for any reason. When you or we remove an Authorized User for any reason, we may revoke the Authorized User Card, close any Sub-Account the Authorized User used, issue a new Card with a different number, close your existing Byte Account and issue a new Byte Account with a new account number, and/or require you to change other Access Credentials. Any funds that remain in the Wallet associated with the closed Sub-Account will remain in your Deposit Account.
  7. Linking External Accounts. You may choose to link your Byte Account to an account you have with another financial institution in the U.S. or a U.S. territory where we offer the Byte Account. We will call that other account a Linked External Account. You can use your Linked External Account to transfer money to or from your Deposit Account. Your request to establish a Linked External Account is subject to our verification and approval. In our discretion, we may limit the number of Linked External Accounts you may have at one time, block any transaction you make with your Linked External Account, or disconnect any Linked External Account.

III. Byte Card TERMS

This Section governs your use of the Byte Card.

A. A Card is a credit card. It is not a debit card, and you do not access the money in your Deposit Account when you use a Card. All credit we extend to you is secured by your Deposit Account. If you do not pay us back for transactions you make with your Card(s) when your payments are due, we may exercise our Security Interest and withdraw the amount you owe us from your Deposit Account. You can lose the money in your Deposit Account. See the Security Agreement
  1. Using Your Card. The following rules apply to your use of a Card:
  • You must sign the Card when you receive it
  • You must return the Card to us or destroy it if we ask you to.
  • You must take reasonable steps to prevent the unauthorized use of your Card.
  • We are not responsible for any losses you incur if anyone refuses to accept your Card for any reason.
  • We may decline to authorize a transaction for any reason.
  • We are not responsible for any losses you incur if we do not authorize a transaction.
  • You must not use, or try to use, the Card for any illegal activity.
  • You must not use, or try to use, the Card associated with a business account for personal use.
  • We are not liable for any losses that may result when our services are unavailable due to reasons beyond our control.
  1. Credit Limit and Available Credit.
  • a. Credit Limit. We will assign a Credit Limit to your Credit Card Account. A Credit Limit is the maximum amount of credit we may extend to you when you use your Card(s). The total outstanding unpaid balance you owe on your Card(s) (Byte Card Balance) may never be greater than your Credit Limit. You are responsible for keeping track of your Byte Card Balance.
  • b. Spending Limit. All transactions on your Card(s) are subject to the applicable Spending Limit. See Section II.A.4.
  • c. Available Credit. Your Available Credit is the amount of credit that is available for you to make transactions with your Card(s) at any given time. Your Available Credit is equal to the Available Balance in your Deposit Account, minus the Spent Money, up to your Credit Limit.
  • d. Rules. You can use the App or contact us by logging into your Byte account and contacting us via live chat to view your Byte Card Balance, Spending Limit, and Available Credit at any time. While we do our best to provide the most up-to-date information about your Byte Account, there may be some delay in reflecting new transactions, and we cannot guarantee the accuracy of this information in the App and by phone. You are responsible for keeping track of your Byte Card Balance, Spending Limit, and Available Credit. Our general practice is to decline transactions that will cause you to exceed your Credit Limit, Spending Limit or Available Credit. If we do honor these transactions, you are responsible for paying us back in full immediately, and these limits will not increase. We may increase or decrease your Credit Limit, Spending Limit, or Available Credit at any time, in our sole discretion. We are not required to extend credit up to your maximum Credit Limit, if it would cause you to exceed your Available Credit or your Spending Limit.

B. Using Your Account

  1. Point of Sale Purchases. You may use your Card to make purchases at points-of-sale.
  2. Using a PIN. We may give you a personal identification number (PIN). For security reasons, you may have to provide the PIN before you are able to use your Card. Keep your PIN secure. Do not write it down, give it to anyone, or keep it with your Card. If you lose your Card or believe the confidentiality of your PIN has been compromised for any reason, you must contact us immediately.
  3. Rewards. Your Card may provide you with the opportunity to earn rewards. If it does, we will separately provide you with information and terms about the rewards.
  4. Authorized Users. You are liable for all transactions made with your Card or Byte Account, and all related fees or expenses incurred, by you, all Authorized Users, and any other person that you or an Authorized User permits to use or have access to your Byte Account, Card, or any other Access Credential.
  5. Lost or Stolen Card. If your Card is lost or stolen or if you think someone else may be using your Byte Account, Card, or Access Credentials without your permission, you must contact us immediately by logging into your Byte account and contacting us via live chat.

C. Interest and Fees

  1. Interest and Fees. We will charge interest and fees to you as disclosed in the Truth in Lending Disclosures on Pages 1-2 of this Agreement, subsequent disclosures, Statements, any change in terms notices, and in the Fee Schedule provided with this Agreement. In general, interest begins to accrue from the day a transaction occurs. However, we will not charge you interest on any new transactions if you pay the total Byte Card Balance you owe on your Byte Account in full by the Due Date on your Statement each month. If you miss a required payment, make a late payment, or a payment is returned and you fail to successfully make the required payment by the Due Date, the Penalty APR may apply to your entire Byte Card Balance (including amounts that are not past due), except for late fees, until you pay all overdue amounts, except as prohibited by law.
  2. Balance Computation Method. For each Card associated with your Byte Account, we figure the interest charge each Cycle by applying the periodic rate to the average daily balance (including new purchases) on the Card. To get the average daily balance, we take the beginning balance on the Card each day of the Cycle, add any new purchases, cash advances, and/or fees, and subtract any unpaid interest or other finance charges and any payments or credits. This gives us the daily balance. Then, we add up all the daily balances for the Cycle and divide the total by the number of days in the Cycle. This gives us the average daily balance. The interest charge calculated for each Card will be added to the balance on that Card, and to the total Byte Card Balance for your Byte Account, at the end of each Cycle.
  3. Late Payment Fee. We may charge you a late payment fee if we do not receive your payment as instructed on your Statement by the Due Date. The amount of the late payment fee is set forth in the Fee Schedule.
  4. Returned Payment Fee. We may charge you a returned payment fee each time your payment to us is returned unpaid for any reason. The amount of the returned payment fee is set forth in the Fee Schedule.
  5. Transactions Made in Foreign Currencies. If you make a transaction in a foreign currency, the payment network will convert it into a U.S. dollar amount. The payment network will use its own currency conversion procedures. The conversion rate in effect on the processing date may differ from the rate in effect on the transaction date that appears on your Statement. We do not adjust the currency exchange rate. There will be a charge for any currency conversion and will be disclosed in the Fee Schedule.

D. Payments

  1. Your Promise to Pay. You promise to pay us all amounts due on your Byte Account by each Due Date set forth on your Statement. This includes amounts where you did not sign a purchase slip or other documents for the transaction. We will treat transactions made without presenting your physical card (such as for mail, telephone, Internet, or mobile device purchases) the same as if you used the Card in person. If you let someone else use your Byte Account, you are responsible for all transactions that person makes.
  2. Minimum Payment. You must pay us the payment amount listed on your Statement by the Due Date. In addition to the payment, you may pay all or part of the total balance on your Card. But, you must still pay at least the minimum payment amount each month, even if you paid more than the minimum payment due on the previous Statement.
  3. Payment Methods. Your payment must be made in U.S. dollars from a U.S. deposit account. You must use one of the following payment methods:
  • a. Preauthorized Automatic Payments (AutoPay). When you sign up, or by using the App, you may elect to make payments on your Card(s) using AutoPay. If you select AutoPay, you authorize us to make recurring debits from your Deposit Account or ACH transfers from a Linked External Account you select, on each Due Date, in the amount of the payment due (or another amount you select), as set forth on each Statement. You also authorize us to debit or credit your selected payment method as needed to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.
  • b. One-Time Transfer. You may use the App to authorize us to make a one-time transfer to us from your Deposit Account or ACH transfers from a Linked External Account on or before each Due Date. You also authorize us to debit or credit your selected payment method to correct any errors, process returned and reversed payments, and similar issues, to the extent permitted by law.
  1. We may permit additional payment methods from time to time. We may reject any payment not made in accordance with this section.
  2. Effect of Payment on Spending Limit. When you make a payment towards your Card Balance from a payment method other than a transfer from your Deposit Account, your Spending Limit on your Byte Account will increase in an amount equivalent to your payment. We may delay the change in your Spending Limit until we confirm that your payment has cleared. This may happen even if we credit your payment. If you have elected to make payments from the Deposit Account associated with your Card, your Deposit Account balance and your Spent Money will be reduced by the amount of your payment, and your Spending Limit on the Card will not increase.
  3. Payment Processing. We may accept and process payments without losing any of our rights. If your payment is returned unpaid for any reason, you authorize us to re-initiate the payment you authorized up to two additional times. We also reserve the right to debit the returned payment amount back to the balance on your Card.
  4. How We Apply Your Payments. Payments are first applied to any past-due amount (except late fees), then to your current minimum payment due. Payments in excess of your minimum payment due will be applied to any outstanding interest and fees, then the remainder to your Byte Card Balance. If you do have any past-due Byte Card Balance (other than late fees), any payment you make will first be applied to such past-due amounts, and any remaining amount will be applied to the remaining Byte Card Balance you selected for payment. We may adjust your Byte Card Balance, Deposit Account balance, or Spending Limit as reasonably necessary to correct errors, process returned and reversed payments, and similar issues.
  5. Credit Balances. We may reject and return any payment that creates or adds to a credit balance on your Card. Any credit balance we allow will not be available until we confirm that your payment has cleared. We may reduce the amount of any credit balance by any new charges. You may write to the address provided on your Statement or contact us by logging into your Byte account and contacting us via live cha to request a refund of any available credit balance greater than $1.00.

E. Your Byte Card Billing Rights

This section applies to billing errors with your Card. If you believe there is an error related to a transaction to or from your Deposit Account, please see the Electronic Fund Transfer Agreement.

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What To Do If You Find A Mistake On Your Statement. If you think there is an error on your Statement, you can contact us by logging into your Byte account and contacting us via live chat. You may also write to us at 2261 Market Street #4175, San Francisco CA, 94114

In your letter, give us the following information:

  • Account information: Your name and last 4 digits of your Byte Card Number.
  • Dollar amount: The dollar amount of the suspected error.
  • Description of Problem: If you think there is an error on your Statement, describe what you believe is wrong and why you believe it is a mistake.

You must contact us within 60 days after the error appears on your Statement.

To stop a scheduled payment on an amount you think is wrong, you must contact us at least three Business Days before the scheduled payment date.

You must notify us of any potential errors in writing or electronically. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Receive Your Notice

When we receive your notice, we must do two things:

  1. Within 30 days of receiving your notice, we must tell you that we received your notice. We will also tell you if we have already corrected the error.
  2. Within 90 days of receiving your notice, we must either correct the error or explain to you why we believe the bill is correct.

While we investigate whether or not there has been an error, the following are true:

  • We cannot try to collect the amount in question, or report you as delinquent on that amount.
  • The charge in question may remain on your Statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
  • While you do not have to pay the amount in question, you are responsible for the remainder of your Byte Card Balance.
  • We can apply any unpaid amount against your Spending Limit.

After we finish our investigation, one of two things will happen:

  • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
  • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.

If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us.

If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

Your Rights If You Are Dissatisfied With Your Card Purchases. If you are dissatisfied with the goods or services that you have purchased with your Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.

To use this right, all of the following must be true:

  • The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
  • You must have used your Card for the purchase. Purchases made with cash advances from an ATM do not qualify.
  • You must not yet have fully paid for the purchase.

If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing or electronically at the address listed above.

While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.

If we provide you a credit for all or part of a disputed transaction, you give us all of your rights against others regarding that transaction. You will also: (a) give us any information about the disputed transaction, if we ask; (b) not pursue any claim or reimbursement of the transaction amount from the merchant or any other person; and (c) help us get reimbursement from others. If we reimburse you for unauthorized transactions, you will help us investigate, pursue and get reimbursement from the wrongdoer. Your help includes giving us documents in a form that we request.

No Warranties. We are not responsible for any claim you may have regarding the purchase of goods or services made with your Card beyond your rights described in this section and on your Statement.

F. Account Default

1. Events of Default. Your Byte Account will be in default if:

  • You do not make a minimum payment when it is due;
  • Any required payment you make is rejected, not paid or cannot be processed;
  • You exceed your Credit Limit;
  • You file or become the subject of a bankruptcy or insolvency proceeding;
  • You are unable or unwilling to repay your obligations, including upon death or legally declared incapacity;
  • We determine that you made a false, incomplete or misleading statement to us, or you otherwise tried to defraud us;
  • You revoke your consent to receive records, disclosures, and other communications electronically;
  • You do not comply with any term of this Agreement or any other agreement with us;
  • You relocate outside the United States; or
  • We receive a garnishment, attachment or other levy upon your Deposit Account, or the Deposit Account is subject to any other legal proceeding.

2. Consequences of Default. If you are in default, we may take certain actions with respect to your Byte Account. For example, we may take the following actions, without notifying you, unless the law says that we must give you notice:

  • Close or suspend one or more of your Card(s), Deposit Account or your entire Byte Account;
  • Reduce your Credit Limit or Spending Limit;
  • Demand that you immediately pay the Byte Card Balance;
  • Continue to charge you interest and fees (as set forth in the Truth in Lending Disclosures) as long as your Byte Card Balance remains outstanding; and/or
  • File a lawsuit against you, or pursue another action that is not prohibited by law. If we file a lawsuit, you agree to pay our court costs, expenses and attorney fees, unless the law does not allow us to collect these amounts.

IV. DEPOSIT ACCOUNT TERMS

This section governs your use of your Deposit Account.

A. Deposits

1. Limited Deposit Account Access. Your Deposit Account is only accessible through the App on your mobile or web device. You may only make withdrawals and transactions from your Deposit Account by initiating permitted transactions on the App. You will not be able to make withdrawals or deposits on your Deposit Account at branch locations, by telephone, at the point of sale, or at ATMs. You may not use your Card to debit your Deposit Account.

2. FDIC Insurance. Funds in your Deposit Account are insured by the Federal Deposit Insurance Corporation (FDIC) and backed by the full faith and credit of the United States, up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Deposit Account and the ownership, type of, and balances held in any other accounts you have with us. For additional information, please visit the FDIC website at www.fdic.gov.

3. Deposit Requirements. Deposits must be made in U.S. Dollars. Deposits made by ACH are subject to the NACHA Operating Rules and Operating Guidelines and the rules of any regional clearing houses we may use from time to time (collectively, the ACH Rules). Before final settlement of any deposit, we act only as your agent. We will give only provisional credit until collection is final for any items we accept for deposit (including items drawn on us). You authorize us to attempt to collect previously returned items without giving you notice, and in attempting to collect we may permit the payor bank to hold an item beyond an applicable deadline. Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We will treat and record all transactions received after the Cutoff Time (defined below) on a Business Day we are open, or received on a day we are not open for business, as if initiated on the next Business Day that we are open. At our option, we may take an item for collection rather than for deposit.

4. Permitted Deposits. Deposits to your Deposit Account may be made using one of the following payment methods:

  • Linked External Account. You may authorize us to initiate ACH transfers from a Linked External Account to your Deposit Account. Use the App to set up, review, change or cancel your scheduled transfers.
  • External ACH or Wire. You can direct a third party, or your external bank to electronically initiate a deposit to your Deposit Account by ACH or wire transfer. External ACH or Wires may not be initiated in the App.
  • Other. We may permit you to make deposits by other means we make available from time to time.

5. Deposit Records and Receipts. We and our service providers may rely on the account number on any record of a deposit you make, even if that account number is associated with a name that is different from the name you have provided. It is not our responsibility to detect any inconsistency between the account number you provide and the name. You may use the App or call us to confirm that we have received a deposit. If you make a deposit, we may provide a confirmation of your deposit, but the amount on your deposit confirmation may not reflect the amount of funds we actually receive. We may confirm the funds you deposit and, after review, may adjust your Deposit Account for any errors including any errors on your deposit request or similar records. If we give you a confirmation for a deposit that you then cancel, the confirmation is void and you may not claim those funds.

6. Our Right to Refuse Deposits. We may refuse a deposit, or part of a deposit, at any time. We also may refuse a deposit after initially accepting it. We will not be liable to you for refusing a deposit, even if it causes us to decline any transactions you have already made.

7. When You Can Withdraw Funds You Have Deposited. Please see the Funds Availability Policy for information about when funds you deposit will be available for withdrawal. If funds from a deposit become available and you can withdraw them, that does not mean the item you have deposited is good, has cleared, or has been paid by the paying bank. It is possible that the item will be returned unpaid months after we have made the funds available to you and you have withdrawn them.

8. Our Right to Charge Back Deposited or Cashed Items. If you make a deposit and (a) the sending bank returns it to us unpaid; (b) the sending bank demands that we repay them because the deposit was unauthorized; or (c) the sending bank or the originator of a transfer demands that we return the item because it was unauthorized, sent to the wrong account number or procured by fraud, we may pay the return or demand, and subtract the funds from your balance. If we have reason to believe that any of the events in the previous sentence has occurred or may occur or that the item should not have been paid or may not be paid for any other reason, we may place a hold on the funds or move them to a bank-managed administrative account until we determine who is entitled to them.

9. All Deposits Are Credited Subject to Final Settlement in Cash or Credits. We have the right to forward all deposited items to correspondents including all Federal Reserve Banks, and we will not be liable for default or neglect of any correspondents for loss in transit, and no correspondent will be liable except for its own negligence. You specifically authorize us or our correspondents including the Federal Reserve Banks to handle such items in accordance with provisions of Regulation J (12 CFR Part 210), as revised or amended from time to time by the Federal Reserve Board. In the event we are subject to local clearinghouse rules, you specifically authorize us to handle such items in accordance with the rules and regulations of the clearinghouse.
If we permit you to withdraw funds from your Deposit Account before final settlement has been made for any deposited item, and final settlement is not made, we have the right to charge your Deposit Account or obtain a refund from you. In addition, we may charge back any deposited item at any time before final settlement for whatever reason. We will not be liable for any damages resulting from the exercise of these rights. Except as may be attributable to our lack of good faith or failure to exercise ordinary care, we will not be liable for dishonor resulting from any reversal of credit, return of deposited items or for any damages resulting from any of those actions.

B. Withdrawals and Transfers

  1. Available Balance. You may withdraw or transfer all or any part of the Available Balance in your Deposit Account at any time, provided that the withdrawal will not cause you to exceed the Spending Limit(s) and any other limitations in this Agreement, limits you set on the Deposit Account by using the App, or restrictions created by your outstanding loans managed by Agent. We determine your Available Balance by taking your previous day balance, plus any pending credit transactions (excluding pending returns), such as ACH direct deposits, and subtracting (a) pending charges such as, electronic payments, according to the Processing Order (defined in Section IV.B.9 below) (b) amount of deposits that are not yet available for withdrawal under our Funds Availability Policy, and (c) any holds on your balance, such as holds on funds to comply with court orders or other legal requirements, or as authorized by the Security Agreement. We reserve the right to use a different method in certain states if required by law. We may permit Authorized Users to withdraw only the portion of the Available Balance which is designated to the Sub-Account(s) they are authorized to use. However, we are not required to do so unless required by applicable law.
  2. Withdrawal Rules. By initiating a withdrawal of funds from your Deposit Account, you authorize us to make the transaction you select. Withdrawals may be made in U.S. dollars by using the App to authorize a transfer of funds to a Linked External Account, to make payments on your Card,, or to make a transfer to another type of account or payee we may permit from time to time. Withdrawals to a Linked External Account are processed as ACH or Wire transactions. Please see the Electronic Fund Transfer Agreement for more information.
    We may subtract from your Deposit Account balance the amount of any withdrawal, or other debit transaction that you, or any Authorized User, or person you or an Authorized User authorized, initiated or approved. We may require you or any person you authorize to provide us with identification, documentation or information that is acceptable to us before allowing the transaction. You may not make any withdrawal in an amount that exceeds the applicable Spending Limit. We may refuse to permit Authorized Users to make any withdrawal in an amount that exceeds the Spending Limit applicable to the Deposit Account they are authorized to use. We may refuse any withdrawal or transfer request by any method on forms not approved by us, or that we do not specifically permit for your Deposit Account, or that does not include all information we require, or that is greater in number than the frequency permitted, or which is greater or less than any withdrawal limitations. We will use the date the transaction is completed by us (as opposed to the date you initiate it) to apply the frequency limitations. In addition, we may place limitations on your Deposit Account until your identity is verified. We reserve the right to establish (and change) maximum dollar limits for withdrawal transactions from time to time. Even if we honor a nonconforming request, we are not required to do so later.
  3. Cutoff Time. Online requests to transfer funds to or from your Deposit Account must be received by us by 2:00 PM Pacific Time on a Business Day to be initiated on that Business Day. Online transfer requests received by us after 2:00 PM Eastern Time or on a day that is not a Business Day generally will be initiated on the next Business Day.
  4. Right to Require Advance Notice of Withdrawals. We reserve the right to require seven days’ notice in writing before each withdrawal.
  5. Account Numbers on Fund Transfers. If you instruct us to send a fund transfer, such as an ACH transfer, we, our service providers, and every other bank involved in the transfer may rely on any bank number or account number you provide. If the fund transfer instruction gives both a bank number or account number and a name, and the name identifies a different person from the bank or account owner identified by number, we and other banks that handle the fund transfer may still rely exclusively on the number. We have no duty to detect any inconsistency between the bank number or account number and the name.
  6. Withdrawal Authority. Any person who signs to open your Deposit Account or has authority to make withdrawals (including Authorized Users) may, acting alone, withdraw or transfer all or any part of your Deposit Account balance at any time. Each of you (until we receive written notice to the contrary) authorizes each other person who signs or has authority to make withdrawals to endorse any item payable to you or your order for deposit to your Deposit Account or any other transaction with us.
  7. Rules for ACH Transfers. This Agreement is subject to Article 4A of the Uniform Commercial Code Fund Transfers, as adopted in the state in which you have your Deposit Account with us. If you originate a fund transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearing house association rules, such as the NACHA Rules. These rules provide, among other things, that payments made to you, or originated by you, are provisional until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Deposit Account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a payment order to credit your Deposit Account, we are not required to give you any notice of the payment order or credit.
  8. Multiple Signatures. We are not required to comply with any multiple-signature requirement, even if you have otherwise instructed us to do so.
  9. Processing Order. The following Processing Order dictates the order in which we will process your transactions on your Deposit Account each Business Day. All credit transactions are processed first. Debits or withdrawals (such as ACH transactions) will be processed in the order in which they are received by us. The processing order of these items is important because if there is not enough money in your Deposit Account to pay for the items in the order they are processed in accordance with the processing order, we may decline the transaction, or it may cause an overdraft on your Deposit Account.

C. Overdrafts

  1. Overdrafts. Our general practice is to decline to pay any transaction that would cause an overdraft on your Deposit Account (i.e., your Available Balance is less than the amount of that item plus all other items received but not yet paid) (Overdraft), or would cause a negative Available Balance in any Wallet. Even if we have paid these items before, we are not required to do it in the future. We can change our practice of paying these items on your Deposit Account without notice to you. We may determine the amount of Available Balance for the purpose of deciding whether to return an item for insufficient funds at any time between the time we receive the item and when we return the item or send a notice in lieu of return. We need only look at your Available Balance in your Byte Account once to decide if the item would cause an Overdraft or negative Available Balance, but if we choose to make a subsequent determination, the Available Balance at the subsequent time will determine whether there are insufficient available funds. It is your responsibility to avoid overdrawing your Deposit Account and maintain an Available Balance in your Byte Account.
  2. Overdraft Fees. You agree that we may charge fees for Overdrafts as set forth in the Fee Schedule.
  3. Your Responsibility to Pay Overdrafts. You are liable for any Deposit Account shortage resulting from charges or Overdrafts, whether caused by you, an Authorized User, or any another person to whom you provide access to your Byte Account. If we pay a transaction that causes an Overdraft or negative Available Balance, you must immediately pay the amount of any Overdraft and restore the Available Balance to at least $0.00. You have no right to defer such payments, and you are liable regardless of whether you signed the item or benefitted from the charge or Overdraft. If you fail to pay an Overdraft, we also may report you to consumer reporting agencies, close your Byte Account, or both. This could affect your ability to open accounts with us or other banks in the future. We may also apply funds in your Deposit Account to cure a negative Available Balance. You authorize us to use the money from any subsequent deposits to your Deposit Account to pay any Overdraft or apply the deposit to cure a negative Available Balance. Subsequent deposits include any federal or state benefit payments that you choose to deposit in your Deposit Account (including direct deposit of Social Security benefits), unless prohibited by law. You understand and agree that if you do not want your benefits applied in this way, you may change your direct deposit instructions at any time. We may still pursue collection of the amount you owe (including suing you) after it is charged off.
  4. Waiver of Notices. To the extent permitted by law, you waive any notice of non-payment, dishonor or protest regarding any items credited to or charged against your Deposit Account. For example, if you authorize a transaction and it is returned unpaid or we receive a notice of nonpayment, we do not have to notify you unless required by federal Regulation CC or other law.

V. ADDITIONAL TERMS

This section applies to all features of your Byte Account.

A. Communications, Statements, Notices of Errors, and Other Notices

  1. Delivery of Notices. You agree that we and our service providers may communicate with you by mail, telephone, email, fax, prerecorded message, automated voice, text message or other means allowed by law regarding your Byte Account. Any legal disclosures, notices and communications and other Byte Account-related correspondence that we mail to you will be sent via U.S. Mail to the last mailing address shown in our records for your Byte Account. Notices will be deemed to have been delivered on the day we mailed it to you, or made it available electronically. We are not responsible for items lost in, or not delivered by, mail or e-mail. Some notices may only be available electronically or in paper form. Notice to any owner of your Byte Account is notice to all owners and Authorized Users.
  2. Notices You Send Us. Any written notice you give us is effective after we actually receive and act on it, and it must be given to us according to the specific delivery instructions provided elsewhere, if any. We must receive it in time to have a reasonable opportunity to act on it. If the notice is regarding a check or other item, you must give us sufficient information to be able to identify the item, including the item number, amount, date and payee.
  3. Electronic Communication. Your Byte Account is an electronic account. We may send communications electronically, such as by email or text message, rather than through U.S. mail or other means, unless the law says otherwise. If you give us your email address, you agree that we may send servicing messages (such as fraud alerts and hold alerts) related to your Byte Account to that address. You may be required to agree to communicate with us by electronic means in order to open a Byte Account. If you revoke your consent to electronic communications, we may declare you to be in default of this Agreement (see Section III.F.1), close your Byte Account or take other actions described in Section III.F.2 of this Agreement and the Electronic Communications Agreement.
  4. Telephone and Video Communication. We may record and/or monitor any of our telephone or video conversations with you. If we do record, we do not have to keep the recordings, unless the law says we must. When you give us your mobile number, we have your permission to contact you at that number about all of your Byte accounts. Your consent allows us and our service providers to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and service calls, but not for telemarketing or sales calls. This communication may include contact from companies working on our behalf to service your Byte Account. Message and data rates may apply. You may change these preferences by emailing privacy@Byte.com.
  5. Change in Contact Information. We require you to provide an email address, mobile telephone number, and physical street address if your mailing address is a P.O. box. You are responsible for promptly notifying us of any change to any such contact information or your name. In some instances, we may request additional information for verification purposes. Any notice we mail to you (or email to you if you have told us to communicate with you electronically) will be binding when sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service (USPS) or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address. Even if you elected to receive electronic communications from us, there may still be some legal information that we need to send you via the USPS.
  6. Communications Equipment and Services. You are responsible for obtaining and maintaining all telecommunications, mobile, broadband, computer, hardware, software, equipment and services needed to access and use your Byte Account online; view, save and/or print your Byte Account documents online; receive any messages or documents you have consented to receive electronically; and for paying all related charges. We are not required to act on any instruction or message from you provided by SMS/text, or telephone voice mail, message service or answering machine. Whenever this Agreement or applicable law requires or allows you to give us written notice, we will not consider SMS/text to be written notice.

B. Closing and Restricting Your Byte Account

  1. You May Close Your Account. You may request to close your Byte Account at any time for any reason. However, we are not required to close your Byte Account at your request if you have pending transactions, your Deposit Account is overdrawn, your Deposit Account balance is securing an outstanding balance on your Card, or your Deposit Account is subject to legal process (such as a garnishment, attachment, execution, levy or similar order). In those cases, we will restrict your Byte Account against all future withdrawals and other transactions, other than under legal process until pending transactions are paid or returned, the balance on your Deposit Account is no longer negative, there is no outstanding balance on your Card(s), and any legal restriction on your Byte Account has been released.
  2. We May Close Your Account. We may also close your Byte Account at any time, for any reason or no reason, with or without prior notice to you. We will have no liability for any action we take under this section
  3. Rules for Closing Your Account. We may restrict your Byte Account in preparation for closing. As we do so, we will not pay any additional interest on your Deposit Account, and we may limit deposits to, or withdrawals from, your Deposit Account. We may prohibit further transactions on your Card(s). Items presented for payment may be dishonored. When you close your Byte Account, you are responsible for leaving enough money in your Deposit Account to cover any outstanding items to be paid from your Deposit Account. We may send you written notice that we have closed your Byte Account. We will return the Available Balance in your Deposit Account less any outstanding unpaid Byte Card Balance, fees, claims, setoffs or other amounts you owe us, either electronically to a Linked External Account or by check sent to you by mail. This Agreement will survive the closing of your Byte Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Byte Account. After your Byte Account is closed, we have no obligation to accept deposits or pay any outstanding transaction requests, but we may reopen your Deposit Account if we receive a deposit. This Agreement will survive the closing of your Account and you are still responsible for obligations incurred prior to or in connection with the closing of your Account.
  4. Restricting Your Account; Blocking and Delaying Transactions. There are many reasons we may decline or prevent transactions to or from your Byte Account, but we generally do it to protect you or us, or to comply with legal requirements. We may decline or prevent any or all transactions to or from your Byte Account in our sole discretion, as permitted by applicable law. We may refuse, freeze, reverse or delay any specific withdrawal, payment or transfer of funds to or from your Deposit Account, or we may remove funds from your Deposit Account to hold them pending investigation, including in one or more of the following circumstances:
  • You maintain your Deposit Account at zero balance for at least 180 days;
  • You attempt to use your Byte Account designated for personal use, instead for business purposes;
  • Your Byte Account is involved in any legal or administrative proceeding;
  • We receive conflicting information or instructions regarding Byte Account ownership, control or activity;
  • We suspect that you may be the victim of a fraud, scam or financial exploitation, even though you have authorized the transaction(s);
  • We suspect that any transaction may involve illegal activity, including violations of anti-money laundering laws and regulations, or may be fraudulent;
  • We are complying in our sole judgment with any federal, state or local law, rule or regulation, including federal asset control and sanction rules and anti-money laundering rules, or with our policies adopted to assure that we comply with those laws, rules or regulations; or
  • We reasonably believe that doing so is necessary to avoid a loss or reduce risk to us.

 

C. Other Account Terms

  1. Security. It is your responsibility to protect the devices on which you access your Byte Account, your Card(s), the username, password, biometrics or other data you use to log into the App (Access Credentials). Do not share this information with anyone. If you give another person permission to use this information, you may be held fully liable for any transactions they make with your Byte Account, even if that person exceeded the authority you gave them. Please notify us immediately if you believe your Byte Account has been accessed without your permission. See the Electronic Fund Transfer Agreement and Section III.E of this Agreement for more information about your rights and responsibility in the event of unauthorized use of your Byte Account.
  2. Assignment of Agreement and Successors. You may not assign or transfer any interest in your Byte Account unless we agree in writing. Any permitted assignment of your Byte Account is subject to our setoff rights. This Agreement will be binding on your personal representative, executors, administrators and successors, and on our successors and assigns.
  3. Power of Attorney. A power of attorney is a document you sign that authorizes someone else, called the agent, to act on your behalf. If you sign a power of attorney, the agent can sign on your behalf and do anything you could do regarding your Byte Account, including withdrawing or spending all of the money in your Deposit Account. Do not sign a power of attorney unless you trust the agent to act in your best interest. If you choose to add an agent, you must provide a power of attorney form that we agree to accept. We may rely on a copy of an original power of attorney. We are not required to investigate the facts relating to any power of attorney provided to us on your behalf, including whether your signature on the power of attorney is authentic or whether the agent continues to have authority. We may follow or refuse to follow the agent instructions at any time, including if we suspect fraud or abuse on your Byte Account, unless applicable law requires otherwise. We may also refuse an agent request to become a joint owner or a beneficiary of a Byte Account, but we have no liability to anyone if we do so. We have no liability when we follow or refuse to follow any instructions from an agent, for example, if your agent misuses the authority you have given them.
  4. Death or Incompetence. You agree to notify us promptly if any person with a right to use your Byte Account dies or is adjudicated incompetent. We may continue to honor your transactions and instructions until: (a) we know of your death or adjudication of incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay or certify transactions made on or before the date of death or adjudication of incompetence for up to 10 days after your death or adjudication of incompetence unless ordered to stop payment by someone claiming an interest in the Byte Account.
  5. No Waiver. If we fail to exercise any right, that does not mean that we waive that right or any other right, and we may still enforce all of our rights in the future.
  6. Headings and Rules of Construction. The headings in this Agreement are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this Agreement should be construed so the singular includes the plural and the plural includes the singular.
  7. Changes to this Agreement. We may change the terms and conditions of this Agreement, including fees and features of your Byte Account, at any time. We will notify you in advance of any such change when required by applicable law. If we have notified you of a change to this Agreement and you continue to use your Byte Account after the effective date of the change, you have agreed to the change. Notices will be made available on our App and website, or delivered electronically using the most recent contact information we have on file for you.
  8. Legal Actions Affecting Your Account. If we are served with a subpoena, restraining order, writ of attachment or execution, levy, garnishment, search warrant, or similar order relating to your Byte Account (Legal Action), we will comply with that Legal Action. Or, in our discretion, we may freeze the assets in your Deposit Account and not allow any payments out of your Deposit Account, or use of the Card(s) for obligations secured by your Deposit Account, until a final court determination regarding the legal action. We may do these things even if the legal action involves less than all of your funds in your Deposit Account. In these cases, we will not have any liability to you if there are insufficient funds to pay your items because we have withdrawn funds from your Deposit Account or in any way restricted access to your funds in accordance with the legal action. Any fees or expenses we incur in responding to any legal action (including attorneys’ fees and our internal expenses) may be charged against your Byte Account. The Fee Schedule may specify additional fees that we may charge for certain legal actions.
  9. Illegal Activities. You agree not to use your Byte Account for any illegal activity. We may refuse any gambling transaction, whether lawful or not.
  10. Inactive and Unclaimed Accounts. Each state has laws that govern when accounts are considered inactive or abandoned, and when we are required to send a customer funds to the state. We encourage you to make sure your Byte Account remains active by signing in to the App or making transactions. After a specified period of time determined by the law of the state of your residence (as shown in our records), if we are not able to locate you, we will be required to deliver your Deposit Account to the state as abandoned property. You will then need to apply to the state for return of your funds. If your Byte Account is or has been inactive, we may, in our discretion, refuse to honor requests for withdrawals or other transactions on your Byte Account until after we have verified that you have authorized the request.
  11. Reporting to Consumer Reporting Agency; Disputes. We may report information about you or your Byte Account to a consumer reporting agency. If you believe that we have reported inaccurate or incomplete information about your Byte Account to a consumer reporting agency, you have the right to file a dispute with that consumer reporting agency. You may also submit a dispute directly to us by contacting us by logging into your Byte account and contacting us via live chat. Provide your name, address and phone number; your Byte Account number; the specific information you are disputing; an explanation of why it is inaccurate or incomplete; and any supporting documentation.
  12. Rules Governing Your Account. Except as otherwise provided in the Arbitration Agreement, this Agreement and your Byte Account are subject to applicable federal laws, the laws of the State of Tennessee without regard to internal principles of conflicts of law, and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules (except to the extent that this Agreement can and does vary such rules or laws). Changes in these laws may change the terms and conditions of your Byte Account. We will notify you of any changes as required by law. Except as otherwise provided in the Arbitration Agreement, if any provision of this Agreement is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. If this Agreement conflicts with any statements made by one of our employees or by a third-party service provider, this Agreement will govern.
  13. Fees. You agree to the terms of this Agreement and the Fee Schedule. You authorize us to deduct these charges, without notice to you, directly from the balance as accrued. You will pay any additional reasonable charges for services you request which are not covered by this Agreement.
  14. Attorneys’ Fees Resulting from Collection or Dispute. You will be liable for our costs as well as for our reasonable attorneys’ fees, to the extent permitted by law, whether incurred as a result of collection or in any other dispute involving your Byte Account. This includes you and any Authorized User(s); or a third party claiming an interest in your Byte Account. This also includes any action that you or a third party takes regarding the Byte Account that causes us, in good faith, to seek the advice of an attorney, whether or not we become involved in the dispute. All costs and attorneys’ fees can be deducted from your Deposit Account balance when they are incurred, without notice to you.
  15. Limitation of Liability. You agree that we, our service providers, agents, officers, directors, and employees (and the same of our service providers, subsidiaries and affiliates themselves) (collectively, the Indemnified Parties) will not be liable for anything we do when following your instructions. In addition, the Indemnified Parties will not be liable if any such Indemnified Party does not follow your instructions if we reasonably believe that your instructions would expose us to potential loss or civil or criminal liability, or conflict with customary banking practices. To the extent you are entitled to relief under this Agreement, the total liability of the Indemnified Parties to you will not exceed $500, except as otherwise required by applicable law. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF WE FAIL TO STOP PAYMENT ON AN ITEM, OR PAY AN ITEM BEARING AN UNAUTHORIZED SIGNATURE, FORGED SIGNATURE, OR FORGED ENDORSEMENT OR ALTERATION, OUR LIABILITY, IF ANY, WILL BE LIMITED TO THE FACE AMOUNT OF THE ITEM. This section will survive termination of your Byte Account and termination of this Agreement.
  16. Indemnification. You agree to indemnify and hold the Indemnified Parties harmless from and against losses arising in connection with the services provided under this Agreement, except for losses arising out of our own gross negligence or willful misconduct. You further agree to hold the Indemnified Parties harmless from losses arising out of actions taken or omitted in good faith by any Indemnified Party in reliance upon instructions from you. The Indemnified Parties are not responsible for any actions or omissions by any third party. If you give us instructions that we believe may expose us to potential liability, we may refuse to follow your instructions and we will not be liable to you if we refuse to follow your instructions. If we do choose to follow your instructions, we may ask you for certain protections such as a surety bond or an indemnity agreement in a form that is satisfactory to us. This section will survive termination of your Byte Account and termination of this Agreement.
  17. Filing a Lawsuit or Arbitration. You must file any lawsuit or arbitration against the Indemnified Parties within two years after the cause of action arises, unless federal or state law or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition to making a claim. If applicable state law does not permit contractual shortening of the time during which a lawsuit must be filed to a period as short as two years, you and we agree to the shortest permitted time under that state laws. We abide by applicable federal and state record retention laws and may dispose of any records that we retained or preserved for the period set forth in these laws. Any action against us or another Indemnified Party must be brought within the period that the law requires us to preserve records, unless applicable law or this Agreement provides a shorter limitation period or applicable law requires a longer limitation period. This section is subject to Section V.C.22, which may require you to submit your claims to arbitration. This section will survive termination of your Byte Account and termination of this Agreement. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
  18. Location of Legal Proceedings. If you file any lawsuit or other legal proceeding against an Indemnified Party that is connected in any way to your Byte Account or services, you agree to do so in an appropriate court in the State of Tennessee. If we file any lawsuit or legal proceeding that is connected in any way to your Byte Account or this Agreement, you consent to jurisdiction and venue in an appropriate court in the State of Tennessee. If any party chooses to have disputes resolved by arbitration, the Arbitration Agreement governs the process and location of the arbitration proceedings.
  19. Pre-Judgment Interest Rate. If either you or we are awarded a judgment against the other in connection with your Byte Account, the rate of interest earned before judgment on the judgment amount will be the rate of interest your Deposit Account earned during that period unless state law requires a different rate.
  20. Unlawful Internet Gambling Notice. Restricted transactions as defined in Federal Reserve Regulation GG are prohibited from being processed through this Byte Account or relationship. Restricted transactions generally include those in which credit, electronic fund transfers, checks, or drafts are knowingly accepted by gambling businesses in connection with the participation by others in unlawful Internet gambling.
  21. Severability. Any provision of this Agreement that limits the Bank liability does not negate the Bank duty (if any) under applicable law to act in good faith and with ordinary care. If any provision of this Agreement is determined to limit the Bank liability in a way prohibited by applicable law, or to be otherwise unenforceable, the parties agree to replace such provision with a provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable, and this Agreement will be enforceable as so modified.

22. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW.

Agreement to Arbitrate

This section is referred to as the Arbitration Agreement. If you have a dispute with the Bank or any other Indemnified Party, and are not able to resolve the dispute informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute will be resolved through the arbitration process set forth in this section.

Arbitration

You agree that if you have a dispute or claim that has arisen or may arise between you and the Bank or any other Indemnified Party, whether arising out of or relating to this Agreement (including any alleged breach), your Byte Account and services provided under this Agreement, any advertising, any aspect of the relationship or transactions between us, and you are not able to resolve the dispute or claim informally, you and we agree that upon demand by you, the Bank or any other Indemnified Party, the dispute or claim will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Arbitration Agreement, you and the Bank are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Parties Subject to this Arbitration Agreement

This Arbitration Agreement applies whenever there is a claim between you and us. If a third party, such as an Indemnified Party other than the Bank, is also involved in a claim between you and us, or if a dispute arises between you and an Indemnified Party other than the Bank relating to this Agreement or your Byte Account, then the claim will be decided with respect to the third party in arbitration as well, in accordance with this Arbitration Agreement, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party.
THIS ARBITRATION AGREEMENT DOES NOT APPLY TO YOU IF, AS OF THE DATE OF THIS AGREEMENT, YOU ARE A COVERED BORROWER UNDER THE FEDERAL MILITARY LENDING ACT. IF YOU WOULD LIKE MORE INFORMATION ABOUT WHETHER YOU ARE COVERED BY THE MILITARY LENDING ACT, IN WHICH CASE THIS ARBITRATION PROVISION DOES NOT APPLY TO YOU, PLEASE CONTACT US AT legal@Byte.com.

Exclusions

You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing will bear all costs and expenses incurred by the other in compelling arbitration.

Your Right to Opt Out

If you do not want this Arbitration Agreement to apply to your Byte Account, you may opt out by sending us written notice of your decision within 30 days of the opening of your Byte Account. Such notice must clearly state that you wish to cancel or opt out of the Arbitration Agreement section of this Agreement. It should include your name, address, Byte Account number, and your signature and must be mailed to Solid Financial Technologies, Inc. ATTN: LEGAL, 2955 Campus Dr #110, San Mateo, CA 94403. This is the sole and only method by which you can opt out of this Arbitration Agreement. Your exercise of the right to opt-out will not affect any remaining terms of this Agreement and will not result in any adverse consequence to you or your Byte Account. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Agreement in a timely and proper fashion.


Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE BANK OR ANY OTHER INDEMNIFIED PARTY ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE BANK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON OR PARTY CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.


Pre-Arbitration Dispute Resolution

The Bank and Indemnified Parties are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to your satisfaction by contacting us by logging into your Byte account and contacting us via live chat. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to the Bank or Indemnified Party should be sent to Byte 2955 Campus Dr #110, San Mateo, CA 94403. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If you do not resolve the claim with the Bank or Indemnified Party within 60 calendar days after the Notice is received, you or the Bank or Indemnified Party, as applicable, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by any party will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Bank is entitled.


Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association (AAA) rules and procedures, including the AAA Consumer Arbitration Rules (collectively, the AAA Rules), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org.

Information about the AAA Rules and fees for consumer disputes can be found at the AAA consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.


Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the Arbitration Fees) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, the Bank will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, the Bank will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Bank will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.


Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.


Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Arbitration Agreement will continue to apply.


Future Changes to this Arbitration AGREEMENT
Notwithstanding any provision in this Agreement to the contrary, if the Bank makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you have a Byte Account, you may reject any such change by sending the Bank written notice within 30 days of the change to the Notice Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute covered by this Arbitration Agreement in accordance with the terms of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

FEE SCHEDULE

This Fee Schedule lists the fees that may be applicable to your Byte Account. You agree to pay all fees applicable to your Byte Account. We reserve the right to add or change fees at a later time, and we will notify you of any changes to our fees and this Fee Schedule, as required by applicable law. We may subtract these fees from your balance, even if the fee makes your balance negative.

FEE SCHEDULE

Byte Banking Services Fees

Byte will apply the following fees:

Account Monthly Fee: $0.0 per account
ACH Transactions: Incoming: $0 per ACH transfer received
Outgoing: $0 per ACH transfer sent
Domestic Wires: Incoming: $0 per wire transfer received
Outgoing: $0 per wire transfer sent
International Wires: Incoming: $0 per wire transfer received
Outgoing: $10.00 per wire transfer sent
Remote Check Deposit: $0.0 per check
ACH returns: $15 per transaction
NSF Fees: $15 per transaction
Stop Payment: $15 per transaction
Research Request: $15 per transaction

Card Services Fees

Byte may assess the Card procurement fees listed below at any time after Client submits its order request to Fintech.

Initial Card Procurement Fee: $0.00​ per physical card with a magnetic stripe and EMV chip.
Additional service fees may apply for the type of postage.
Replacement Card Procurement Fee: $0.00​ per physical card with a magnetic stripe and EMV chip. Additional service fees may apply for the type of postage.

Cross-border Fee: 0.00​% of the Transaction Amount + $0.00​, per cross-border Transaction. Applied where an Authorized Client makes a purchase in a country other than the United States.

Foreign exchange Fee: 0.00​% of the Transaction Amount. Applied in each instance where Byte converts funds from one currency to another. This calculation is made on the converted amount.

Disputes Fee or Late Payment or Returned Payment Fee: $0 per occurrence

FUNDS AVAILABILITY POLICY

PURPOSE. The information here describes our policy of holding deposited items in a Deposit Account before funds are made available to you for withdrawal.

DETERMINING THE AVAILABILITY OF YOUR DEPOSIT. Our policy is to delay the availability of funds from your deposits. The length of the delay varies based on the type of deposit as set forth below. During the delay, you may not withdraw the funds, and we will not pay transactions from your Deposit Account using these funds.

The length of the delay is counted in Business Days from the day of your deposit. If you make a deposit before 2:00PM PT on a Business Day, we will consider that day to be the day of your deposit. However, if you make a deposit after 2:00PM PT or on a day that is not a Business Day, we will consider the deposit made on the next Business Day.

Same Day Availability. Domestic and international wires and electronic direct deposits (e.g., ACH and other EFTs your Deposit Account supports) will be available on the day we receive your deposit.

Next Day Availability. Funds from the following deposits are available on the first Business Day after the day we receive your deposit:

  • The first $200.00 of check deposits.
  • ACHs initiated on the Platform

Second Business Day. Unless otherwise provided by this Agreement, all other funds from deposits will be made on the second Business Day after the day of your deposit.

Longer Delays May Apply. Funds you deposit may be delayed for longer than two Business Days under the following circumstances:

  • We believe a deposit you initiated will not be honored;
  • You have overdrawn your Deposit Account repeatedly in the last six months; or
  • There is an emergency, such as failure of communications or our systems.
  • If we delay availability for one of these reasons, funds may not be available until the seventh Business Day after the day of your deposit. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. If you will need the funds from a deposit right away, you should ask us when the funds will be available.

Special Rules for New Accounts. If you are a new customer, the following special rules will apply during the first 60 days your Deposit Account is open.

  • Funds from electronic direct deposits to your Deposit Account will be available on the first Business Day after we receive the deposit.
  • Funds from deposits of cash, wire transfers, and the first $2,500 of a day’s total deposits of cashier’s, certified, teller’s, traveler’s, and federal, state and local government checks will be available on the first Business Day after the day of your deposit if the deposit meets certain conditions.
  • The excess over $2,500 will be available no later than the ninth Business Day after the day of your deposit.
  • Funds from all other deposits will be available on the third Business Day after the day of your deposit.

Your Responsibility for Deposits. Even if we have made funds available to you and you have withdrawn the funds, you are still responsible for deposits that are returned to us unpaid and for any other problems involving your deposit.

ELECTRONIC FUND TRANSFER AGREEMENT

Electronic Fund Transfers: Your Rights and Responsibilities

This disclosure contains important information about your use of electronic fund transfer (EFT) services provided by the Bank in connection with your Byte Account. Whenever you accept or authorize EFTs to your Deposit Account, you agree to these terms and conditions, in addition to any other applicable limitations in this Agreement concerning deposits to and withdrawals from your Deposit Account. Please read this document carefully and retain it for future reference.

Business Days. Our Business Days are every day except Saturdays, Sundays, and holidays on which banks in [Tennessee] are legally authorized to be closed.

Types of Available EFTs

  • Online ACH Transfers. You may use the App and request ACH transfers between your Deposit Account and a Linked External Account.

Limits on the Type, Frequency or Amount of EFTs. Your Deposit Account may be subject to limitations on the amount or number of withdrawals that you may make from your Deposit Account, including EFTs. Please see Article IV of this Agreement and the Truth in Savings Disclosures. For security reasons, we may also, in our sole discretion, set limits on the dollar amounts of EFTs and on the number of EFTs that may be requested or initiated. To protect the security of the Bank or your Deposit Account, we may suspend your use of EFTs, as permitted by law.

Managing Your Account Balance. You agree that the amount of any EFT debit transaction you authorize will not exceed the Available Balance in your Deposit Account used to make the transaction, or your Spending Limit. We do not have to allow any EFT that would create an overdraft in your Deposit Account. We may in our sole discretion choose to permit an EFT that would create an overdraft in your Deposit Account. If we are unable to complete an EFT or perform any other EFT service for any reason associated with your Deposit Account, the EFT or other service may not be completed and we will not notify you unless required by applicable law.

Your Rights and Responsibilities

The use of EFT services described in this Agreement creates certain rights and responsibilities regarding these services as described below.

Documentation of Your EFTs

Periodic Statements. All EFT transactions will be reported on your periodic statement. See Section II.A.8 of this Agreement for more information.

Direct Deposits. If you have arranged to have direct deposits made to your Deposit Account at least once every 60 days, the company making the deposit may tell you every time they send us the money. You may also contact us by logging into your Byte account and contacting us via live chat to find out whether or not the deposit has been made.

Confirmation. You may contact us by logging into your Byte account and contacting us via live chat to find out whether any EFT you request was successfully completed.

Preauthorized and Other Regular (Automatic) Debits

Right to Stop Payment and Procedure for Doing So

If you have told us in advance to make regular payments out of your Deposit Account, you can stop any of the payments. Here is how:

Contact us by logging into your Byte account and contacting us via live chat in time for us to receive your request three Business Days or more before the payment is scheduled to be made. If you contact us to stop a payment, please have the following information ready: your account number, the date the transfer is to be made, to whom the transfer is being made, and the amount of the scheduled transfer. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We may charge you (see Fee Schedule for exact fees) for each stop-payment order you give. Stop-payment orders may expire after six months from the date of your stop-payment request, and you may be required to renew it in order to ensure its continued effectiveness.

Liability for Failure to Stop Payment of Preauthorized Transfer

If you order us to stop a preauthorized automatic debit three Business Days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

Notice of Varying Amounts

If you have authorized regular payments out of your Deposit Account, and these regular payments may vary in amount, we or the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Our Refusal to Pay a Preauthorized or Other Regular (Automatic) Debit

We reserve the right to refuse to pay a regular (automatic) debit, for example, if your Deposit Account has insufficient funds to cover such transfer or if we are unable to verify the ownership of or other information about the account to which the funds will be transferred. You may contact us by logging into your Byte account and contacting us via live chat to request information about a refusal by us to pay a regular (automatic) debit.

Your Liability for Unauthorized Transfers

During your online Byte Account set-up, you will be invited to register your phone number and create Access Credentials to protect your Byte Account from unauthorized access. You are responsible for maintaining ownership of the mobile device associated with the phone number and security of your other Access Credentials.

Tell us AT ONCE if you believe that any Access Credentials or device you use to access your Byte Account has been lost or stolen, that an EFT has been made without your permission, or that someone has transferred or may transfer money from your Deposit Account without your authorization. You may contact us by logging into your Byte account and contacting us via live chat or such other addresses as we may provide to you from time to time. Using our live chat is the best way of keeping your possible losses down. You could lose all the money in your Deposit Account. If you tell us within two Business Days after you learn of the loss or theft of your Access Credentials or device, your liability will be limited to $50 if someone accesses your Deposit Account without your authorization.

If you DO NOT tell us within two Business Days after you learn of the loss or theft of your Access Credentials or device, and we can prove we could have stopped someone from using your Access Credentials or device without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money had you told us in time. If a good reason (such as a long trip or a hospital stay) keeps you from telling us, we will extend the time periods.

If you grant authority to make transfers to another person who exceeds the authority granted, you are fully liable for any transfers until you notify us that transfers by that person are no longer authorized.

In Case of Errors or Questions about your EFTs

Contact us by logging into your Byte account and contacting us via live chat as soon as possible, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we send the FIRST statement on which the problem or error appeared.

(1) Tell us your name and your account number (if any).

(2) Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.

(3) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.

We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Deposit Account within 10 Business Days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your Deposit Account.

For errors involving new Byte Accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Byte Accounts, we may take up to 20 days to credit your Deposit Account for the amount you think is in error.

We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

Our Liability for Failure to Make a Transfer. If we do not complete a transfer to or from your Deposit Account on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • If, through no fault of ours, you do not have enough money in your Deposit Account to make the transfer.
  • If the transfer would go over the credit limit on your overdraft line of credit, if you have one.
  • If an automated teller machine where you are making a transfer does not have enough cash. If a system or terminal you use to make a transfer was not working properly and you knew about the breakdown when you started the transfer.
  • If circumstances beyond our control (such as fire or flood) prevent the transfer despite reasonable precautions that we have taken.
  • There may be other exceptions stated in this Agreement.

Charges for Transfers or the Right to Make Transfers

We may assess a fee for each EFT, or stop-payment order. Please see the applicable Fee Schedule to determine the applicable amount. The circumstances under which such charges will be assessed, as well as the amount of the charge, are included in the current Fee Schedule.

Confidentiality

We will disclose information to third parties about your Byte Account or the transfers you make:

(1) Where it is necessary for completing transfers;

(2) In order to verify the existence and condition of your Byte Account for a third party, such as a credit bureau or merchant;

(3) In order to comply with government agency or court orders;

(4) To persons authorized by law in the course of their official duties;

(5) To our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;

(6) As disclosed in our Privacy Notice; and,

(7) If you give us your written permission.

Amendments. We may change any provision of this Electronic Fund Transfer Agreement at our discretion. If we do, we will give you notice if and to the extent required by applicable law.

Termination. We reserve the right to terminate your use of any or all of our EFT services for any reason and at any time without notifying you. You also have the right to terminate your use of the EFT services described in this Agreement at any time by calling us or writing to us. If you call, we may require you to put your request in writing and get it to us within 10 Business Days after you call. (Please note that email, SMS/text or online notification will not meet the notice requirements of this section.) If you terminate your use of our EFT services and you have arranged for automatic (regular) transfers involving third parties, you are required to inform any third parties that the transfers will cease. Any termination of your use of our EFT services, whether initiated by you or us, will not affect any of your or our rights and obligations under this Agreement that have arisen before the effective date of such termination.

Introduction

Welcome! Thanks for visiting Byte Federal, a fintech company operated by and proprietary to Byte Federal, LLC. By visiting, accessing, or using Byte Federal, you consent to the policies and practices of our privacy policy (the “Privacy Policy”) so please read them carefully. If any policies or practices of this Privacy Policy are unacceptable to you, please do not visit, access, or use Byte Federal. Use of the words “we” or “our” in this Privacy Policy refers to Byte Federal, LLC and any or all of its affiliates.

General Terms

This Privacy Policy explains what information we collect, why we collect it, and how we treat your information. By visiting, accessing, or using Byte Federal, you have indicated that you are at least eighteen (18) years old, have the legal capacity to consent to this Privacy Policy, and to agree to be bound by the policies and practices of this Privacy Policy in their entirety. Your privacy matters to us so whether you are new to Byte Federal or a long-time user, please do take the time to get to know and familiarize yourself with our policies and practices. Feel free to print and keep a copy of this Privacy Policy, but please understand that we reserve the right to change any of our policies and practices at any time. But don’t worry, you can always find the latest version of this Privacy Policy here on this page. Visiting, accessing, or using Byte Federal following any change to this Privacy Policy is considered to be your acceptance of any such changes. You should, therefore, read this Privacy Policy from time to time. If you do not agree to be bound by this Privacy Policy, you should not visit, access or use Byte Federal.

Digital Assets

As used herein, “Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “digital commodity”), such as bitcoin or ether, which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value.

Information we collect

Section 326 of the USA PATRIOT ACT requires all money services businesses to obtain, verify, and record information that identifies each person who opens an account. This federal requirement applies to all new customers. This information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities. What this means for you: when you open an account, we ask you for your name, address, date of birth, and other identifying information. Verification Information — We collect information that you provide during a completed, incomplete, or abandoned registration. This may include the following information for individual customers which we attempt to collect, verify, and authenticate:

  • Email address
  • Mobile phone number
  • Full legal name
  • Date of birth (“DOB”)
  • Proof of identity (e.g., driver’s license, passport or government-issued ID)
  • Home address (not a mailing address or P.O. Box); and
  • Additional information or documentation at the discretion of our Compliance Team.

You will be allowed to access, review, correct, and ensure the accuracy of the information you have submitted from time to time. We will also do our part to ensure the accuracy of your information. Device Information – Information that is automatically collected about your device (such as, but not limited to, hardware, operating system, browser, etc.). Location Information – Information that is automatically collected via analytics systems providers to determine your location, including your IP address and/or domain name and any external page that referred you to us. Log Information – Information that is generated by your use of Byte Federal that is automatically collected and stored in our server logs. This may include, but is not limited to, device-specific information, location information, system activity and any internal and external information related to Byte Federal pages that you visit. Account Information – Information that is generated by your account activity including, but not limited to, trading activity, order activity, deposits, withdrawals, and account balances. Correspondence – Information that you provide to us in correspondence, including opening an account, and with respect to ongoing customer support.

Cookies

When you access Byte Federal, we may make use of the standard practice of placing tiny data files called cookies, flash cookies, pixel tags, or other tracking tools (herein, “Cookies”) on your computer or other devices used to visit Byte Federal. Cookies are small bits of information that are automatically stored on the web browser of your device that can be retrieved by us. The type of information we collect includes, but is not limited to, uniquely identifying visitor information and information related to your usage preferences. We use these technologies to help us recognize you as a user, collect information about your use of Byte Federal to better customize our services and content for you, and collect information about your computer or other access devices to (i) ensure compliance with our BSA/AML Program and (ii) ensure that your account security has not been compromised by detecting irregular or suspicious account activities. By using Byte Federal, you acknowledge and agree that we may collect and/or transmit any data collected to our third-party service providers, such as analytics providers, which may also make use of such technologies described above. Please note that if you block or delete cookies you will not be able to use some or all of Byte Federal. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use Byte Federal.

How We Use Information We Collect

The information collected and the practices described above are done in an effort to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve Byte Federal. We may share information with trusted and contracted third-party service providers (including those that may be located outside of the United States or your country), who help us operate our platform and systems, and detect fraud and security threats throughout the normal course of our business. Such third-party service providers are subject to strict confidentiality obligations.

We take care to allow your personal information to be accessed only by those who require access to perform their tasks and duties, and to share only with third parties who have a legitimate purpose for accessing it. Byte Federal will never sell or rent your personal information to third parties without your explicit consent. We will only share your information in the following circumstances:

Byte Federal uses Plaid Inc. (“Plaid”) to gather your data from financial institutions. By using the Service, you grant Byte Federal and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from your relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid end user privacy policy here.

In addition, we may be compelled to share information with law enforcement, government officials, and regulators. For example, we may use your information to: Provide you with Byte Federal, including customer support for Byte Federal; Optimize and enhance Byte Federal, for all users, or for you specifically; Conduct anti-fraud and identity verification and authentication checks (you authorize us to share your information with our third-party service providers, who may also conduct their own searches of publicly available information about you); Monitor the usage of Byte Federal, and conduct automated and manual security checks of our service; and Create aggregated and anonymized reporting data about Byte Federal. If we decide to modify the purpose for which your information is collected and used, we will amend this Privacy Policy. If we propose to sell or buy any business or assets, we may disclose your information in an anonymized form to the prospective buyer or seller of such business or assets. In the event of a merger, acquisition, or asset sale of Byte Federal, we will give you notice if, and before, your information is transferred in a non-anonymized form or becomes subject to a different privacy policy.

We do not sell customer information to third parties for the purposes of marketing. Be aware that bitcoin, ether, and other Digital Assets are not necessarily truly anonymous. Generally, anyone can see the balance and transaction history of any public Digital Asset address. We, and any others who can match your public Digital Asset address to other information about you, may be able to identify you from a blockchain transaction. This is because, in some circumstances, information published on a block chain (such as your Digital Asset and IP address) can be correlated with information that we and others may have. This may be the case even if we, or they, were not involved in the blockchain transaction. Furthermore, by using data analysis techniques on a given blockchain, it may be possible to identify other information about you. As part of our security, anti-fraud and/or identity verification and authentication checks, we may conduct such analysis to collect and process such information about you. You acknowledge and agree to allow us to perform such practices.

Accuracy And Retention Of Information

We take reasonable and practicable steps to ensure that your information held by us (i) is accurate with regard to the purposes for which it is to be used, and (ii) is not kept longer than is necessary for the fulfillment of the purpose for which it is to be used, which is when your business relationship with us ends, unless the further retention of your information is otherwise permitted or required by applicable laws and regulations.

Access And Correction Of Information

You have the right to ascertain whether we hold your accurate and current information, to obtain a copy of your personal data that you submitted as permitted by law, and to correct any of your data that is inaccurate. You may also request that we inform you of the type of information we hold with regard to you. For data access requests, please contact datarequest@bytefederal.com. When handling a data access or correction request, we check the identity of the requesting party to ensure that he or she is the person legally entitled to make such request. A reasonable fee may be charged to cover our administrative costs incurred for complying with your data access request.

Direct Marketing

Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from you. An opt-out channel will be provided to enable you to exercise your right to opt out of such direct marketing. We will not provide your information to third parties for direct marketing or other unrelated purposes without your written consent.

Questions

If you have questions or concerns, please feel free to contact us at privacy@bytefederal.com. Please note that whenever you send us a message, you will be providing us with information about yourself, including your email address, your name, if you choose to do so, and any information you choose to include in the text of your message. In some cases, other information may be required in order for us to be helpful and address your question or concern. Such provided information will be deemed information provided under this Privacy Policy and handled pursuant to the provisions hereof. This Privacy Policy only pertains to the policies and practices of Byte Federal with regard to your information. Websites linked to and/or from our website are not covered by this Privacy Policy.

Submissions

We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Byte Federal Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Byte Federal to transmit any communication for which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered using Byte Federal can and may be read by us, regardless of whether we are the intended recipients of such messages. Nevertheless, access to messages and other content will be accessible only by employees and Byte Federal Service Providers that reasonably need such access.

Changes

We reserve the right to change this Privacy Policy from time to time to meet our changing needs, but don’t worry, you can always find the latest version (as well as all archived older versions) here. We also send an annual notice of this Privacy Policy to all registered users. By visiting, accessing, or using Byte Federal following any change to this Privacy Policy, you are consenting to our new Privacy Policy.

FinCEN MSB BSA #31000205262819 NMLS #2327474

Electronic communications agreement

Last updated: 07/07/21

It is our goal to provide you with as many digital banking options as possible, including providing information to you electronically. We are required by law to give you certain information in writing. This means you have the right to receive that information on paper. With your consent, we can provide it to you electronically, instead.

In this Agreement:

“We,” “us,” “our,” and “Byte” mean Byte Program.
“You” and “your” mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any Byte product that you apply for, use or access.
“Communications” means each disclosure, notice, agreement, fee schedule, privacy policy, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.‍
‍You agree to receive electronic Communications from us.

As part of your relationship with us, we will provide you with Communications. By accepting this Agreement, you consent to receive Communications in electronic form for any products, services and accounts that you have or apply for, either now or in the future. You also consent to the use of electronic signatures in your relationship with us.

We may still choose to provide you with information on paper even though you have consented to receive it electronically. In some cases, we are not permitted by law to deliver certain Communications to you electronically. However, if the law changes in the future and permits additional Communications to be delivered electronically, this Agreement will automatically cover those Communications as well.

We may deliver electronic Communications to you in several ways.

When we deliver electronic Communications to you, we will either: (1) email them to you; (2) post them on our website; (3) present them on-screen or for download through one of our online or mobile banking services; (4) include them in other electronic Communications that we are delivering to you, such as electronic account statements; or (5) in the manner specified in any other agreement we have with you. If we are not emailing or presenting the information to you directly, we will tell you where you can go to view that information.

If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. If you choose not to receive electronic Communications or use electronic signatures in connection with the new product, service or account, that choice does not mean you have withdrawn your consent with respect to any other product, service or account.

You will need some technology to receive electronic Communications.

To receive and retain electronic Communications from us, you will need the following:

A computer or mobile device with an operating system that supports everything below;
A connection to the internet;
A current version of a web browser that we support. You should check the system requirements periodically for updates to supported software;
A hard drive or other data storage unit;
A valid, active email address; and
A current version of a program that displays PDF files (such as
Adobe® Reader®
).
If our hardware and software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the change. Continuing to use our electronic services after receiving notice of updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.

Please keep your contact information up to date.

It is your responsibility to keep all of your contact information current so that we can send you electronic Communications. You can update your email address and other contact information by editing your profile in the Byte Application. You may also contact us at privacy@Byte.com.

You may have the option to receive paper copies.

We may choose to make paper copies of certain electronic Communications available upon request. You can request paper account statements via email to privacy@Byte.com.

You can withdraw your consent to receive electronic Communications.

You have the right to withdraw this consent at any time. Withdrawing consent may terminate your access to certain electronic services. You may also no longer be able to use certain Byte products. After we have processed your withdrawal, future Communications required to be in writing will be delivered to you on paper, subject to applicable fees. To withdraw your consent to receiving electronic Communications, you may contact us via email at privacy@Byte.com. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to act upon it.

Solid platform terms of service

Last updated: 05/21/21

If you are using  (1) a website or mobile application that uses Solid to enable your banking needs; (2) an account created on websites; or (3) you are otherwise using our website and software services under the Terms of Service. By using these services, you agree to Solid’s Terms of Service and Privacy  Policy (collectively, the “Terms of Service”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. We may update these Terms of Service from time to time and it is your responsibility to check for updates.

If you do not agree to these Terms of Service, you must immediately stop using our services.

NOTICE OF BINDING ARBITRATION 

ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE ARISING OUT  OF OR RELATING TO THE TERMS OF SERVICE SHALL BE RESOLVED BY FINAL  AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED  IN THE SECTION TITLED “BINDING ARBITRATION” BELOW. PLEASE READ THE  SECTION TITLED “BINDING ARBITRATION” CAREFULLY. 

1. Introduction to “Solid”

Solid Financial Technologies, Inc. and our affiliates or subsidiaries (collectively “Solid,” “we,” “us,” or “our”) is banking as a software (BaaS) layer between banks, and the financial technology platforms using our services (“Platform”).  We provide Platforms banking services (e.g. bank transfers or accounts) to you through Solid’s bank partners  (collectively “Banks”).

Check out our website (solidfi.com) or feel free to email us at chat@solidfi.com to learn more about Solid.

2. Your customer relationship to Solid 

By using our services offered through Platforms or our website or mobile application, you became a customer of Solid. You agree to these Terms of Service when you use the services. You understand that all bank and transaction-related services are provided directly by the Bank, except as it relates to specific services provided to you by your Platform. Similarly, Platform is responsible for providing their services to you pursuant to your agreements with Platform. Solid’s services allow you to easily communicate with banks and other financial institutions through  Platforms. By using our service, you grant us the right, power,  and authority to act on your behalf to access and transmit your personal and financial information, and requests for services between Bank, Platform, and any other financial institutions (as applicable).

3. Your representations and promises or affirmations to us. 

By using our services or by accessing Solid’s or a Platform’s  website or phone application, you acknowledged and agree that:

a. Restriction on acceptance and use of our services. 

You are at least 18 years old (or legal age of capacity of your state) and you have the right, authority, and capacity to enter into these Terms of Service. If you are accepting these Terms of  Service on behalf of any legal entity, including any company,  organization, government, or governmental agency, you have been  authorized to do so and to act on behalf of such legal entity:

b. True and accurate information. 

The information and instructions you provide us are true, accurate,  and complete, as you are solely responsible for such information and instructions. Additionally, you will provide all information requested by us, such as your name, email address, phone number,  date of birth, social security number or tax identification number,  photo ID, online login credentials or your account and routing numbers for your bank or credit union account (“Bank Account”),  and such other information as we may request from time to time.  You agree to update us if the information changes (collectively,  your “User Data”). We may use third parties to verify all or a  portion of your information.

c. Verification of your information. 

We may share your information with your Platform, Bank, our subsidiaries, and other third parties to verify your identity and/or your account information to provide our services to you as further detailed in our Privacy Policy. Sharing this information  is necessary to open an Account and to provide transaction-related  services as further detailed in the Section “USA PATRIOT Act  notice.”

d. Password security. 

If Platform or we provide you with login credentials (e.g. username, password or PIN) to access our services, (i) you will keep this information secure and confidential; (ii) you will not share such information with third parties; and (iii) you understand that you are responsible for all activity any person conducts using your login credentials to access our services, regardless of whether or not you authorized the activity. We will never ask you for your login credentials by phone or email. 

e. Authorization to debit your account

.

By using our transactions services to send funds via the Automated  Clearing House (“ACH”) from your linked Bank Account(s) to your  Account, Platform, or a third party, you authorize us (as an agent of  Bank) to debit the Bank Account indicated by you for the amount and on the date provided by you. You understand that because this will be an electronic transaction, and funds may be withdrawn from your account as soon as the above-noted transaction date. You will not dispute your Platform, Bank, or Solid debiting my account,  so long as the transaction corresponds to the terms indicated in the transaction web form provided to you.

f. Limits on access to services. 

We may limit or suspend your access to our services or take other actions against you if the information you provide us is incorrect or you otherwise breach these Terms of Service as further detailed in these Terms of Service.

g. Compliance with the law and your agreements.

Your use of our services does not violate any laws or regulations or any agreements with any third parties.

h. Platform services are not endorsed. 

We do not provide any endorsements or guarantees for any individual or entity using Solid’s services (including the Platform you accessed to use our services), nor any third party offers, goods or services featured on our websites. Information regarding third-party offers, goods, and services is provided on our websites for informational purposes only, and may not be true, accurate, or reliable.

i. USA PATRIOT Act notice. 

Important information about procedures for using our services under the USA PATRIOT Act of 2001: To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you use our services, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a form of identification with your photograph or other identifying documents.

4. Your conduct. 

You understand and agree that you will not:

a. Use our services, without Solid’s prior written  consent, to transact with or operate services relating  to (i) credit repair, (ii) debt consolidation, (iii)  payday loans, (iv) title loans, (v) telemarketing, (vi)  tobacco sales, (vii) travel clubs, (viii) sweepstakes, (ix) choice of law, (x) marijuana or controlled substance  supply, (xi) tribal and entities that are not governed  by the U.S. or states, (xii) mail order or telephone  order companies, (xiii) business located outside of the  U.S., (xiv) adult entertainment, (xv) stored value  cards, (xvi) illegal or fraudulent goods or services,  including, but not limited to, illegal substances,  counterfeit goods, stolen goods, illegal or controlled  substances, and substances that pose a risk to consumer  safety (including synthetics, “potpourri not for human  consumption”, and other similar items), illegal online  gambling / wagering, pyramid schemes, counterfeit goods,  unlicensed sale of firearms or weapons, (xvii) any type  of money laundering, or (xviii) other businesses that  operate or engage in any business regulated by FinCEN,  including money service businesses, e-money business,  and businesses selling money orders or traveler’s  checks, and virtual or crypto-currency marketplaces and  exchanges;

b. Provide false or inaccurate information to us, including an attempt to falsify your identity, such as by providing  false account information or false documents;

c. Defraud us, Bank, or other Solid users in any way;

d. Receive or attempt to receive duplicate compensation for  a disputed payment from the recipient, Solid, Bank,  and/or other financial institutions;

e. Engage in activity that indicates, in Solid or the  Bank’s discretion, that there may be a high level of risk  associated with you, your Account, or any of your Solid  account activity; or

f. Otherwise breach the terms of these Terms of Service or the policies herein.

5. Our services. 

Solid provides software services to you and Platforms to give you the ability to send and receive funds from third parties, in addition, to open up an Account. All funds transfer services are provided by Bank, as Solid does not receive, hold, or transmit funds. Our software allows you to send funds transfer instructions to Bank. Any funds balance displayed by Solid’s software are held in your Account, or otherwise held by Bank or Platform for your benefit, as applicable (“Account Balance”).

Solid MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO YOUR  FUNDS OR ACCOUNT BALANCES INCLUDING FEDERAL DEPOSIT INSURANCE  CORPORATION (“FDIC”) INSURANCE COVERAGE. SUCH REPRESENTATIONS AND  WARRANTIES MAY BE FOUND IN YOUR SPECIFIC ACCOUNT AGREEMENT OR  AGREEMENT WITH YOUR PLATFORM. UNLESS NOTIFIED OTHERWISE BY SUCH  AGREEMENTS, YOUR ACCOUNT BALANCES MAY LOSE VALUE IN THE EVENT BANK,  THE BROKER-DEALER, OR PLATFORM ENTERS A RECEIVERSHIP.

a. Bank account services. 

We provide software services to facilitate your requests for services relating to your Account as detailed in such agreements.  We are not responsible or liable if your request for such services is limited, delayed, or denied for risk, compliance, or other reasons.

b. Transaction-only services. 

As an agent of a Bank, we may provide you with services to process transactions to or from your Platform or a third party in addition to your Account. In certain circumstances relating to our transaction services, your funds may be held by Platform or Bank for your benefit and an account balance may be displayed to you by our software. To provide services under this section, we may collect personally identifiable information, your Bank Account login credentials or account and routing numbers for your Bank  Account, or other User Data information as we may request from time to time as further detailed in these Terms of Service and our  Privacy Policy. Transactions processed via Automated Clearing House  (“ACH”) will be processed in accordance with such timeframes except as otherwise noted in these Terms of Service. Such transaction services may be limited, delayed, or denied for risk and compliance reasons that we may not be able to disclose to you. You understand that the transactions may be limited, delayed, or denied and expressly disclaim any claims relating to such actions. We are not responsible for reviewing the accuracy of the transactions (amount,  date, or the sender or receiver of funds). Additionally, we are not responsible if the receiver of funds rejects your transaction.

c. Other services. 

We may from time to time offer additional services or remove services without prior notice to you. You agree to be bound by the terms and conditions of such services as they may be offered to you.

6. Fees. 

Fees for services offered under your Account are detailed in the specific Account agreements. If you use our Transaction services listed in Section 4(b), you may be charged a transaction fee by  Platform or us as detailed in your agreement with Platform.  Transactions completed on our website or mobile application may include a transaction fee as detailed when you make a transaction request.

7. Reversals

In the event that a sender or the sender’s financial institution requests a reversal of payment or Solid decides against you in a  dispute against you, we reserve the right to charge you a $15.00  fee in addition to the full amount of the transaction  (collectively, the “Reversal Dues”). You agree to immediately reimburse for the Reversal Dues. Additionally, you authorize us to recover any Reversal Dues outstanding to Solid or Bank by debiting your available Account Balance. If you have an insufficient Account  Balance, you authorize Solid and our Bank to take any of the  following actions to recover the remaining amounts from you:

a. Debit the Bank Account(s) linked to our services;

b. Suspend your use of our services and require your immediate payment; or

c. Engage in collection efforts.

8. Protecting you and resolving disputes. 

Solid is always looking for ways to protect you from abusive business practices, security-related issues, and other issues you may encounter with Platform and our Banks. If you have a complaint against how Platform or Bank is providing services to you or using your User Data, just let us know by emailing us at  legal@solidfi.com per below. We cannot warranty or guarantee anything under this section, but if we are able to help, we will work with you to resolve your complaint so long as such assistance is commercially reasonable and does not violate any agreements with third parties, regulations, or laws. Disputes relating to your Account shall be governed by your specific account agreements.  Below is more information on how we can try to help you with other  Disputes (as defined below).

a. Dispute resolution.

You understand and agree that we are not responsible for the goods or services that you pay for using our services, including but not limited to those offered by your Platform and other third parties.  Each Platform and seller that you purchase from is responsible for providing the goods and services that you purchase and for providing all customer service related to those goods and services.  We recommend that you review Platform’s and, if applicable, a  seller’s policies before completing your purchase. You are  responsible for resolving any disputes that you may have with a

Platform or a seller. If you have exhausted all options for resolving a complaint about abusive business practices, security-related issues, or other dispute with a Platform or a seller, you may choose to file a dispute claim with Solid (“Dispute”) by following the steps in this “Disputes” Section.

b. Release of Solid. 

By filing a Dispute, you understand and agree that:

You are asking us to assist in resolving the dispute in its sole  discretion and that such assistance or Solid’s decision may not  be satisfactory to you;

Solid’s assistance in resolving the dispute does not guarantee  any particular outcome or any action on our part; and

You release Solid and our officers, directors, agents, employees,  subsidiaries, and suppliers from all claims, demands, and damages of any kind arising out of your dispute with a seller and Solid’s review of your Dispute.

c. How to file a Dispute. To file a Dispute, follow these  steps:

i. Abusive business practices, security issues, or other non-transaction-related disputes. If you  have a complaint about a Platform relating to  abusive business practices, security issues,  handling of your User Data, or related issues,  email us at legal@solidfi.com with the  following information:

1. The email associated with your account;

2. The name of the website, mobile application, and Platform relating to such Dispute;

3. The details of your Dispute with the  Platform, including any steps already taken to resolve the issue, and copies of  supporting documentation (e.g. email  correspondence, related agreements, and

promises or affirmations, etc.); and

4. How these issues have negatively affected you.

ii. Transaction-related disputes or unauthorized activity. Within 45 days of the original disputed  transaction or immediately if the Dispute relates to unauthorized activity, email us at chat@solidfi.com with the following  information:

1. The email associated with your account and  names of both parties, if available;

2. The name of the website, phone application, and Platform relating to such Dispute;

3. The transaction ID number;

4. The amount of the transaction; and

5. The details of the unauthorized activity or your disagreement with the recipient, including any steps already taken to resolve the issue, and copies of supporting documentation (e.g. when you first noticed such unauthorized activity, email correspondence, receipts, shipping confirmations, etc.).

Provide any additional information or documentation that we may request. Once Solid has decided the outcome of the  Dispute, the parties will be notified of the decision. You are required to comply with the decision and complete any actions required by such decision.

All disputes relating to an Account shall be governed by the specific Account agreement and this section shall not apply. 

9. Your liability and actions against you. 

a. Your liability. 

You are responsible for all Reversal Dues, claims, fees,  fines, penalties, and other liabilities incurred by Solid, Bank,  other Solid users, a Platform, or third parties arising from your breach of these Terms of Service or your use of our services.  You agree to reimburse Solid, Bank, other Solid users,  Platforms, or third parties for any and all such liability.

b. Actions we may take. 

If we determine, in our sole discretion, that you may have breached these Terms of Service, that you or your account activity presents risk or security concerns, or if we are unable to verify your identity, we may take actions to protect Solid, Bank, Platforms,  our users, or other third parties from Reversal Dues, claims,  fines, penalties, and any other liability. These actions may  include, but are not limited to, the following:

i. Suspending your access to your Account or other  Solid related services;

ii. Suspending your access to your funds held in your  Account, or otherwise held with Bank or Platform for your benefit for up to 90 days;

iii. Taking action as set out in the “Reversals”  Section to recover amounts that you owe;

iv. Closing your Account held by Bank or Platform for  your benefit;

v. Contacting Platforms, our users or third parties  who have purchased goods or services from you, contacting the financial institution associated

with your Bank Account(s), and/or warning other Solid users, law enforcement, or other impacted  third parties of your actions;

vi. Refusing to provide our services to you in the  future; and

vii. Taking legal action against you.

c. Notice of limit or suspension. We will provide you with notice if we take any of the above actions against your  Account or other accounts held by Bank or Platform for your benefit. If we limit or suspend such accounts, we will provide you with notice of our action.

10. Your privacy + our Privacy Policy. 

Solid takes your privacy seriously. To learn more about what information we may collect, how we use your information, and how we share your information with Platform or to open your Account,  please review our Privacy Policy found at  https://solidfi.com/privacy.

11. Solid services are in the US Only. 

Solid’s services are based in the United States of America. We make no claims whether these services can be appropriately used outside of the United States. If you access our services from outside of the United States, you do so at your own risk. You are solely responsible for ensuring compliance with local laws.

12. Solid can terminate these Terms of Service at will. 

We reserve the right, at our sole discretion, to restrict, suspend,  or terminate these Terms of Service and your access to all or any part of our services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of our services at any time without prior notice or liability.

13. Terminating your agreement with Solid. 

If you wish to terminate your use of the services and the Terms of  Service, email us at legal@solidfi.com. However, if you terminate the Terms of Service with Solid, this will result in your Account Agreement being terminated and may impair your ability to use Platform’s services. You accept sole responsibility and any liabilities resulting from an impairment of Platform’s services or termination of your agreements with Platform, to the fullest extent permitted by law.

14. Terminating your agreement with Platform or your  Account. 

If you wish to terminate your agreement with Platform or your  Account, you must notify the parties of such agreements in accordance with such agreements.

15. Notice + electronic communication. 

To the fullest extent permitted by law, these Terms of Service,  notices, and other communications (collectively, “communications”)  from Solid to you regarding these Terms of Service may be provided to you electronically via Solid, Bank, or Platform (on behalf of  Solid), and you consent and agree to receive those communications in an electronic form. Electronic communications may be posted on the page you are on now and the pages within the Platform’s website or application, pages within the Solid website  (https://solidfi.com/) or applications, and/or delivered by  Solid, Bank, or the Platform (on behalf of Solid) to your email address(es) provided to Platform and us. You may download or print a paper copy of any electronic communication and retain it for your records. All communications in electronic format will be considered to be “in writing,” and to have been received no later than twenty-four (24) hours after posting or dissemination, whether or not you have received or retrieved the communication. Solid reserves the right to provide communications in paper format. You agree to give us notice of any change of your postal or email address.

Your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, Solid may terminate your right to use the services under these Terms of Service and, as a result, your ability to use the Bank or Platform services, and you accept sole liability for resulting from an involuntary termination of the  Bank’s or Platform’s services, to the extent permitted by law.

You may give notice to Solid by emailing Solid at  legal@solidfi.com

“Business Day” for the purpose of these Terms of Service means every day is a business day except Saturdays, Sundays, and federal and state holidays.

16. Modifications.

Solid may revise these terms of Service at any time without notice. By using the Platform’s or Bank’s services,  Solid services or website, you are agreeing to be bound by the then current version of these Terms of Service and any amendments to the Terms of Service upon your continued use of our services.

17. IMPORTANT LEGAL PROVISIONS

a. NO WARRANTIES. 

THE SERVICES UNDER THE TERMS OF SERVICE, Solid’S WEBSITE, AND ITS  CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT  ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR  PURPOSE.

THE Solid SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”,  WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED,  OR STATUTORY. USE OF THE Solid SERVICES IS AT YOUR OWN RISK.  Solid, BANKS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS,  AGENTS, EMPLOYEES, AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  AND NON-INFRINGEMENT. NEITHER Solid NOR BANK HAVE CONTROL OF, OR  LIABILITY FOR, ANY PRODUCTS OR SERVICES OFFERED BY PLATFORMS OR  THAT ARE PAID FOR USING OUR SERVICES AND CANNOT ENSURE THAT ANY  PLATFORM OR OTHER THIRD PARTY YOU TRANSACT WITH WILL COMPLETE THE  TRANSACTION. NEITHER Solid NOR BANK REPRESENT OR WARRANT THAT  OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE CONTINUOUS,  UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, OR THAT DEFECTS WILL  BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,  OBTAINED BY YOU FROM Solid OR THROUGH OUR SERVICES WILL CREATE  ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NEITHER Solid NOR BANK  SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS OR SYSTEM  FAILURES THAT MAY AFFECT THE PROCESSING, COMPLETION, OR SETTLEMENT  OF OUR SERVICE TRANSACTIONS. THIS DISCLAIMER OF WARRANTY SECTION  SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE  JURISDICTION

Solid MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO YOUR  FUNDS OR ACCOUNT BALANCES INCLUDING FEDERAL DEPOSIT INSURANCE  CORPORATION (“FDIC”) INSURANCE COVERAGE OR SECURITIES INVESTOR  PROTECTION CORPORATION (“SPIC”) INSURANCE COVERAGE. SUCH  REPRESENTATIONS AND WARRANTIES MAY BE FOUND IN THE SPECIFIC  ACCOUNT AGREEMENT OR AGREEMENT WITH YOUR PLATFORM. UNLESS  NOTIFIED OTHERWISE BY SUCH AGREEMENTS, YOUR ACCOUNT BALANCES MAY  LOSE VALUE IN THE EVENT BANK OR BROKER DEALER ENTERS A  RECEIVERSHIP.

b. Force majeure. 

You understand and agree we will not be held responsible for any losses or damages resulting from suspension of service due to extraordinary events or circumstances beyond our control. In such an event, Solid or Bank may suspend the services and access to your Account held by Bank or Platform for your benefit.

c. LIMITATION OF LIABILITY. 

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER  (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, AND CONSEQUENTIAL  DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR  BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE  Solid’S, BANK’S, PLATFORM’S SERVICES OR WEBSITES OR PHONE  APPLICATIONS OR CONTENT THEREIN WHETHER BASED ON WARRANTY,  CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY,  EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR  LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,  SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST  EXTENT PERMITTED BY LAW.

d. Indemnification. 

You agree to defend, indemnify and hold harmless Solid and their respective officers, directors, employees, agents, and suppliers (collectively “Disclaiming Entities”) from and against any third party claim, suit, demand, loss, liability, damage,  action, proceeding or suits and related liabilities, damages,  settlements, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other litigation expenses) arising out of or relating to (i) your breach of any provision of these  Terms of Service; (ii) your actions and omissions in connection with your accounts or our services; (iii) our actions and omissions, provided that they are taken/omitted in accordance with this Terms of Service or your instructions; or (iv) your violation of any laws and regulations; or (v) your negligent or reckless act or omission or willful misconduct of your employees,  contractors, or agents. This provision shall survive the termination of these Terms of Service.

e. Binding Arbitration. 

Any controversy or claim arising out of or relating to these  Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to the Terms of Service, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset.

No class actions or similar process, and no joinder or consolidation of any claim with a claim of any other person or entity, shall be allowable in arbitration, without the written consent of both parties. The arbitrator shall have no authority to entertain any claim on behalf of a class, group, person, or entity who is not a named party to the arbitration, nor shall any arbitrator have authority to make any award for the benefit of,  or against, any class, group, person, or entity who is not a  named party to the arbitration. In the event that there is a  dispute about whether limiting arbitration to non-class proceedings, or to the named parties, is enforceable under applicable law, then that question shall be resolved by a court rather than by an arbitrator, and to the extent, it is determined that resolution of a claim must proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.

The place of arbitration shall be San Francisco, CA, except to the extent, the arbitration involves Bank and/or your Account, or a third-party service provider of Solid as a party to the dispute, then Solid may in its sole discretion move the place of arbitration to the location of such arbitration proceedings to which you have previously agreed to in such agreements (See, your specific Account Agreement Arbitration sections for more information of the place of arbitration).

ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER PARTY  WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN  ARBITRATION THE PARTIES WILL NOT HAVE THE SAME RIGHTS THAT APPLY  IN COURT, SUCH AS THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE  RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY  OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION,  THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL MAY ALSO BE LIMITED  OR ELIMINATED IN ARBITRATION. ALL OF THESE JUDICIAL RIGHTS ARE  WAIVED WITH RESPECT TO CLAIMS THAT THE PARTIES ELECT TO ARBITRATE. 

All claims, findings, and settlements under this “Binding  Arbitration” shall be confidential information of Solid. You shall not disclose or reveal to employees, agents, Platform, or other third parties unless such information is already publicly available. Due to the unique nature of the confidential information, monetary damages may be inadequate to compensate us for your violation or threatened violation may cause irreparable injury to us and, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to seek injunctive relief against the threatened breach of confidentiality or the continuation of any such breach by you.

18. Other legal terms. 

The Terms of Service are governed by the laws of the State of California. You agree to submit to the exclusive personal jurisdiction of the state and federal courts in the State of California except as detailed in the “Binding Arbitration” Section.  If any provision of these Terms of Service is found to be invalid by a competent court, the invalidity of such provisions shall not affect the validity of the remaining provisions. Likewise, if we choose to terminate any provision in accordance with the termination provision, that termination shall not affect the termination of other provisions.

If we fail to act on or enforce, any provision in the Terms of  Service, this shall not be construed as a waiver of that, or any other, provision. We will only grant waivers to specific provisions, for specific instances, in writing. The Terms of  Service constitute the entire agreement between you and us with respect to this website and supersedes all previous or contemporaneous agreements. The section headings are merely provided for convenience and shall not be given any legal import.  You may not assign your rights and obligations under these Terms of Service. The Terms of Service will inure to the benefit of our successors, assignees, licensees, and sublicensees.

Solid privacy policy

Last updated: 05/01/21

Introduction

Solid Financial Technologies, Inc. “Solid” (“Company”“we”, or “us”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website solidfi.com, or interact with us via the Solid Banking App, Solid Banking Services, Solid Dashboard, Facebook, Instagram, Twitter, or LinkedIn (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party; or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 18

Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at legal@solidfi.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as full name, home address, email address, ip address, biometric information, date of birth, telephone number, gender, workplace, location, credit card or bank account numbers, credit information, social security number, driver’s license, passport, or other state id numbers (“personal information“);
  • About your business, such as entity legal name or aliases, including “doing business as” names, physical address, phone number, legal entity type, industry, organization documents (e.g. articles of incorporation and bylaws), employer identification number, or other information relating to your authorized signors or beneficial owners, which may include the Individuals’ Information as provided above, or additional information we may additionally request you to provide;
  • About external bank accounts, such as external financial institution name, account name, account type, branch number, account number, routing number, international bank account number (“IBAN”), information, data, passwords, authentication questions, materials or other content, transaction and available balance information;
  • About your account with us and our partner bank(s) such as transactions and transaction history, including but not limited to ACH, wire and card transactions, available account balance, card data, loan and debit amounts, loan types, payment plan, loan balance, linked bank accounts, salary and other income, sources of wealth, and other assets;
  • Received with our background check data, such as background check information including credit and criminal checks,supporting research, and screenings, to the extent required or permitted by local law;
  • About a transfer recipient or sender, such as when you send or request money through the services, we may collect data such as name, postal address, telephone number, IP address, date of birth, and financial account information about the recipient or sender of the funds. The extent of data required about a recipient or sender may vary depending on the Services you are using to send or request money; and/or
  • That is about you but individually does not identify you, such as browser type, operating system, session length, page views, length of page views, referral links, search terms, general location data, mobile network information, browser settings.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • From third parties, for example, our business partners.
Information You Provide to Us  

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Details of transactions you carry out through our Website.
  • Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies  

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  •  Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically does include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. 
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • >Web Beacons. Pages of our the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To verify your identity and fulfill our legal and regulatory obligations.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To our partner bank(s) in order to comply with laws and regulations governing banking data.
  • To the partner brand on behalf of which we are providing services to you.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Solid’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Solid about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Solid, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

California residents may have additional personal information rights and choices. Please seeYour California Privacy Rightsfor more information.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@solidfi.com

Data Security

We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we make efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you of the date of such changes at the top of this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

legal@solidfi.com

EVOLVE BANK & TRUST

CUSTOMER ACCOUNT TERMS

I. Introduction.

This document, as amended or supplemented by the attached disclosures, (collectively, the “Account Terms”) contains the general terms, conditions and disclosures for the Evolve Bank & Trust transaction account (the “Account”) and constitutes an agreement between the Bank (as defined below) and you. For purpose of these Account Terms, the term “Account” may also collectively include Sub-Deposit Accounts.

References to the “Bank,” “we,” “us,” or “our” means Evolve Bank & Trust and any of its affiliates. References to “you” and “your” means you and any person that holds, whether individually, jointly or on behalf of another person, the Account. The Account Terms may be supplemented or amended as set forth in Section V(E) (Miscellaneous Terms). Bank services and access and use of your Account may be provided to you through the website and/or mobile phone application of our service provider (the “Service Provider,” and its website and mobile phone application, the “Service Provider Platform”). The Service Provider may offer you additional services through its Service Provider Platform, pursuant and subject to the terms and conditions between you and the Service Provider (the “Services” and such terms and conditions, the “Service Provider Terms”). Please see Section II(D) (The Account) for additional information.

By opening or continuing to maintain an Account with us, you agree to be bound by these Account Terms, and all applicable agreements, disclosures, and other documents, as well as by all applicable federal or state laws, statutes and regulations. Please keep a copy of these Account Terms.

We may decline to open an Account for any reason, or for no reason. We are not liable for any damages or liabilities resulting from refusal of an Account relationship.

THESE ACCOUNT TERMS IS SUBJECT TO MANDATORY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTION AND JURY PROVISION. PLEASE CAREFULLY READ SECTION IV (ARBITRATION AND WAIVERS).

II. The Account.

A. Availability. The Account is available to United States citizens or lawful permanent residents with a U.S. physical address or with military addresses (APO or FPO) who are at least 18 years old with a valid Social Security Number. To open an Account, you must provide any information we may request from time to time. Each owner of an Account shall have a continuing obligation to provide any other documentation we may request from time to time, including any information required under our customer identification program to establish your identity.

The Account is only available for personal, family or household purposes and not for business purposes. You are not entitled to open an Account under these Account Terms if you are a corporation, unincorporated business association, partnership, limited liability company, incorporated nonprofit organization or sole proprietorship. We reserve the right to close your Account if we determine that it is used for any impermissible purpose, as we may determine from time to time.

You must also agree to go paperless. This means that: (1) you must keep us supplied with your valid email address and telephone number; and (2) you must agree to accept electronic delivery of all communications that we need or decide to send you. Please see the Evolve Bank & Trust Electronic Communication Consent for additional details. [Insert Hyperlink to Evolve Electronic Communications-Consent]

B. Account Type and Ownership. The Account is a transaction account that pays a variable rate of interest and allows you to make certain payments and transfers to third parties. The Account may not be opened as a joint account. You cannot give a security interest or pledge your Account to someone other than us without first getting our express written consent. We are not required to give consent to a security interest or pledge to someone else. Unless we agree in a separate writing otherwise a security interest or pledge to someone else must be satisfied or released before any right to withdraw from the account can be exercised.

C. Opening an Account. To open an Account, you must submit to us an application and all information that we may require. To help the government fight the funding of terrorism and money laundering activities, Federal law requires us to obtain, verify and record information that identifies each person who opens an Account. This means that when you open an Account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see other identifying documents, such as a driver’s license. If, for any reason, you are unable to provide the information necessary to verify your identity, the Account may be blocked or closed, which may result in additional fees assessed to the Account.

By opening an Account, you agree that we can gather your personal information from one or more consumer reporting agencies, governmental entities and/or other third parties. You also agree that we have the right to access follow-up consumer reports while your Account is open for maintenance, review or collection purposes.

Your Account will not be considered “opened” until it is funded. This means your balance must be at least a penny. Once your account is considered “opened,” there is no minimum balance required and no maximum balance limit. However, we may, at our sole discretion and at any time, require a minimum balance and set a maximum balance limit.

D. Service Providers. You understand that we have engaged Service Providers to perform a number of services for you under these Account Terms, including, but not limited to, identity verification, compliance monitoring, risk mitigation, managing your transfer instructions and other related services. Service Providers, along with their partners and agents, are the servicer of your Account. In that capacity, Service Provider may act on our behalf, perform our obligations or enforce our rights under these Account Terms. A Service Provider may also offer Services in connection with your Account to allow you to provide us with payment instructions and to view certain Account information using the Service Provider Platform. You understand that any payment instruction or activity performed using the Services shall be deemed authorized and valid and Bank is under no obligation to investigate the instruction or activity.

To the fullest extent permitted by law, we will not have any liability in connection with the Services and disclaim all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses related to the Services. In no event shall we be liable for: (1) damages caused other than by our own gross negligence or intentional misconduct; or (2) indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy) arising out of or in any way related to the use of or inability to use the Services, even if we have been advised of the possibility of such damages.

III. Using Your Account and Account Disclosures.

A. Debit Card. In connection with your Account, we may (but are not obligated to) issue you a debit card (the “Card”) that will automatically link to the Account. If a Card is made available to you, it is subject to a debit card agreement by and between you and us. The Card may be used to initiate withdrawals at ATMs and points of sale and may be used to purchase goods and services. By using your Card, you authorize us and/or our agents to debit your Account. We reserve the right to refuse to make any transfer for security, credit, legal/regulatory, or other reasons, as we determine in our sole discretion. You are responsible for all transactions you authorize using the Card, including any losses, charges, or penalties incurred as a result. You may be charged for your use of the Card at ATMs. The Card is the property of the Bank, and if your Account is closed or your Card privileges are cancelled, you agree to stop using the Card and destroy it.

B. Linking Accounts. You may link your bank account at another financial institution (“Linked Account”) to your Account in order to transfer funds between your Linked Account and your Account. You represent and warrant: (1) that you have the right to authorize any and all charges and debits to the Linked Account; (2) the Linked Account is held at a depository institution located in the U.S.; and (3) you are individually or jointly the owner of the Linked Account. You will indemnify and hold us harmless from any claims by any person related to the Linked Account, including any other owner of the Linked Account. You are not permitted to link your Account with a credit, debit, gift, or other type of card issued by a third party or another bank. You may deposit funds into or withdraw funds from your Account by using the Service Provider Platform to initiate an Automated Clearing House transfer (“ACH Transfer”) to or from the Linked Account. We do not accept requests made otherwise to initiate ACH Transfers. Requests for ACH Transfers to debit the Linked Account that are made before 4:00 PM MT on a business day, shall be considered received on the business day the request is made. Requests for ACH Transfers to debit the Linked Account that are made after 4:00 PM MT on a business day or on a non-business day, shall be considered received the next business day.

C. ACH Transfer Initiated by an External Bank or Through a Third Party. You may deposit funds into or withdraw funds from your Account by having an external bank (directly or through a third party) initiate an ACH Transfer to or from your Account at the Bank. The external account that you are depositing funds into or withdrawing funds from must be at an external bank located in the U.S.

D. Internal Transfer Between Accounts at the Bank. We may (but are not obligated to) permit you to initiate a transfer of funds between your accounts at the Bank through a Service Provider Platform. We do not accept requests made otherwise to initiate internal transfers.

E. Deposits. When you make a deposit, we will act only as your collection agent and will not be responsible beyond the exercise of good faith and ordinary care. All deposits are provisionally credited subject to our receipt of final payment. If a deposit or transfer of funds into your Account is returned or rejected by the paying financial institution for any reason, you agree that we may deduct the amount of the deposit or transfer against your Account, without prior written notice to you.

1. You may make a deposit into your Account by ACH Transfers or any other method we make available to you. You may also arrange for recurring deposits, such as direct deposits, to be made electronically to your Account.

2. Foreign Currency and Cash Deposits. We do not accept any deposits denominated in any foreign currency. We do not accept any deposits in cash, whether in U.S. dollars or any foreign currency. All deposits are considered to be non-cash deposits.

3. If we permit you to deposit a check into your Account, you agree not to deposit a check drawn on the same Account into which the check is being deposited. If available, you also agree not to deposit by ATM, mobile banking check deposit, or by mail any item that is drawn on a foreign bank or that is not denominated in US dollars. We may refuse a deposit, limit the amount of a deposit or return all or a portion of a deposit. We are not responsible for any deposit you mail to us that we do not receive. We will forward any items you deposit for collection to the bank on which the items are drawn. We may give you provisional credit for any item you deposit, which we may revoke at any time if we do not receive final payment for that item. All deposits to your Accounts, regardless of how made, are subject to verification, final payment, and our Deposit Availability Disclosure.

F. You may only deposit with us funds that are immediately available, which under applicable law are irreversible and are not subject to any lien, claim or encumbrance.

G. Withdrawals.

1. Except as provided below, you may make withdrawals from your Account up to the available balance in your Account by any means that we make available to you. We may refuse a withdrawal request exceeding the available funds in your Account even if you make a deposit later in the business day after we refuse your withdrawal request. If your available balance is not enough to pay a transaction you make, we may assess an insufficient or unavailable funds fee, regardless of whether we pay the transaction. We may allow withdrawals at any time, but reserve the right to require seven (7) days written notice of intention to withdraw funds from your Account if your Account is a negotiable order of withdrawal (NOW) account.

2. You are not permitted to make withdrawals from your Account by creating a check drawn on your Account. If you attempt to make any transactions with your Account using a credit, debit, gift or other type of card issued by a third party or another bank or by creating a check drawn on your Account, we will reject and/or return the transaction without notice to you and may consider such action to be a violation by you of these Account Terms.

3. Before allowing a transaction, we may request you to provide us with identification, authorization, documentation or other information that we deem necessary. We may refuse a withdrawal if you fail to comply with our request. We may tell you in advance when we are going to refuse a withdrawal request but will not be required to do so.

H. Payment Instructions.

1. You agree that any payment instructions received by us (such as requests to withdraw or transfer funds from your Account) through the Service Provider Platform or in connection with your username, passphrase, PIN or mobile device used to access the Service Provider Platform (collectively “Credentials”) will be deemed to be authorized by you. The use of any of your Credentials by another person will be as effective as your use of the Credentials, regardless of whether the person affixing the Credential was authorized by you and regardless of the means by which the Credential was affixed. For example, if you provide your username and password used to access the Service Provider Platform to another person and that person uses that information to withdraw funds from your Account, we will deem the withdrawal to be authorized by you. Unless prohibited by applicable law, you agree to hold us harmless and indemnify us for any liability incurred for reasonably acting upon such instructions which bear any of your Credentials. You agree to keep confidential and to take all reasonable precautions and make all reasonable efforts to protect the secrecy of all Credentials issued to you, selected by you, or utilized by you. If any of your Credentials become lost or known to another person, you agree to notify us immediately so that a replacement may be issued. If you believe your Credentials are no longer secure or confidential, or that someone has used your Credentials without your permission, please contact us immediately by calling +1 (888) 610-2324 or notifying us through the Service Provider Platform.

2. We may refuse to follow any of your payment instructions if we think they are illegal or potentially harmful to us. If we follow your payment instructions, we may require other security measures to protect us from any losses we may suffer. To the greatest extent permitted by law. you agree to pay us back for any damages or losses (including, but not limited to, the reasonable costs of an attorney) that we suffer if we take an action based on your (or what appears to be your) oral, written or electronic instructions.

I. Posting Order of Credits and Debits.

1. Posting Orders. This section summarizes how we generally post some common transactions to your Account. Posting transactions to your Account impact your Account balance. Posting a credit increases your balance, while posting a debit or hold reduces your balance. Credits include deposits and credits we make. Holds include deposit holds, Card authorizations and holds related to withdrawals and EFTs (as defined below). Debits include withdrawals, transfers, payments, Card transactions and fees.

We use automated systems to process transactions and then to post transactions to your Account. When we process multiple transactions for your Account on the same day, you agree that we may in our discretion determine our posting orders for the transactions and that we may credit, authorize, accept, pay, decline or return credits, debits and holds in any order at our option.

We generally post common transaction as follows. We group the different types of transactions into categories. We use several different categories for holds, credits, and debits. Most categories include more than one transaction type. After the end of the business day, our automated systems assign each transaction received for that day to a category. We generally post all transactions within a category, using the posting order or orders that apply to that category, before we post any transactions assigned to the next category.

First, we start with the balance in your Account at the beginning of the business day, subtract holds from your balance, and make any adjustments from prior days. Next, we generally add available deposits and credits to your balance and then subtract debits from your balance based on the debit category. We subtract debits in a category from your balance in order from the highest to lowest dollar amount, unless specified otherwise herein. The first category of debits to be applied against your balance are certain Card and ATM transactions (e.g., Card transactions and ATM withdrawals and transfers). The debits within this category are subtracted from your balance in date and time order our systems receive date and time information. If we make checks available to you, this category is applied next against your balance. Check posting will be in sequential order based on the check number, and for any check for which the number cannot be read, from highest to lowest amount following the posting of number legible checks. We then subtract from your balance any other types of electronic debits in order from the highest to lowest dollar amount. These debits include ACH Transfers. Finally, we subtract from your balance most fees (such as monthly maintenance fees, overdraft fees, returned item fees, and ATM fees) in order from highest to lowest dollar amount. Some fees may show as “processing” until the next day.

2. Changing Posting Orders. You agree that we may determine in our discretion the orders in which we post transactions to your Account. You agree that we may determine in our discretion the categories, the transactions within a category, the order among categories and the posting orders within a category. We sometimes add or delete categories, change posting orders within categories and move transaction types among categories. You agree that we may in our discretion make these changes at any time without notice to you.

3. Posting Orders Determined at End of Day. We receive credits, debits and holds throughout the day. Regardless of when during the day we receive transactions for your Account, you agree that we may treat them as if we received all transactions at the same time at the end of the business day. During the day, we show some transactions as processing. Please note that transactions shown as processing have not been posted yet. The posting order for these transactions is determined at the end of the day, with the other transactions we receive for that day and based on the category. We do not always receive debits on the same day that you conduct them. We generally post credits and debits to your Account, and report them on your statement, in a different order than the order in which you conduct them or we receive them.

4. Overdraft Fees. We generally determine at the time we post a debit to your Account whether it creates an overdraft and whether an overdraft or returned item fee applies. You should note that sometimes we authorize a transaction at a time when you have enough available funds to cover it, but because other transactions post before it and reduce your balance, the transaction creates an overdraft when we post it to your Account. You can avoid fees for overdrafts and returned items by making sure that your Account always contains enough available funds to cover all of your transactions. When your Account balance includes some funds that are subject to a hold, dispute or legal process, you should note that those funds are not available to cover your transactions. Our posting orders can impact the number of overdraft fees we charge you when you do not have enough available funds to cover all of your transactions. When several debits arrive the same business day for payment from your Account and you do not have enough available funds in your Account to cover all of the debits we receive for that day, you understand that some posting orders can result in more overdrafts, and more fees for overdraft items and returned items, than if we had used other posting orders. You agree that we may in our discretion choose our posting orders, and also change them from time to time, regardless of whether additional fees may result. When your Account balance includes some funds that are not available at the time that we post a debit, and you do not have enough available funds in your Account to cover the debit, the debit results in an overdraft and we generally charge you an overdraft fee or returned item fee for the debit. We do not show holds or distinguish between available and unavailable funds in your Account balance on your statement.

5. Certain Transactions Made After Business Day Ends. During processing, we generally include in your Account balance some transactions that you make after the business day cut-off, but before the end of the calendar day. Deposits are made available based on Section VIII (Deposit Availability Disclosure). We generally subtract from your Account balance the following debits, when the transaction occurs after the cutoff time for the business day, but during the same calendar day: cash withdrawals made at an ATMs and any credit-push ACH Transfers of EFTs.

J. Insurance Coverage. The Federal Deposit Insurance Corporation (“FDIC”) insures deposits according to the ownership category in which the funds are insured. Not all accounts may be insured. Unless otherwise stated by us or the FDIC, the Account is insured by the FDIC up to the standard maximum deposit insurance amount per depositor, per FDIC-insured bank, and per ownership category (the “Standard Insurance Amount” or “SIA”). For purposes of determining the SIA applicable to your Account, you need to consider all accounts that you also hold at the Bank. To determine SIA applicable to your Account with us and for any other FDIC insurance requirements that may apply, please visit the FDIC’s website at www.fdic.gov/deposit/deposits or call the FDIC directly at 1-877- ASKFDIC (1-877-275-3342). You can also use the FDIC’s Electronic Deposit Insurance Estimator (EDIE) at www.fdic.gov/edie. Please see subsection L below for additional information regarding FDIC insurance coverage for Sub-Deposit Accounts.

K. Court Processes and Claims Against your Account. If we receive a levy, attachment, or other legal process against you or any party to your Account, we may refuse to permit withdrawals or transfers from your Account until the legal process is dismissed or satisfied. Any levy, attachment, or other legal process will be subject to our right of set-off and security interest. You are responsible for any losses, costs, or expenses we incur as a result of any dispute or legal proceeding involving your Account. If we receive a claim against the funds in your Account, or if we know of or believe that there‘s a dispute as to the ownership or control of funds in your Account, we may, in our discretion: (1) place a hold on your Account and refuse to pay out any funds until we‘re satisfied that the dispute is settled; (2) close your Account and send the balance to the named account holder(s); (3) require a court order to act; or (4) take any other action we feel is necessary to protect us. We will not be liable to you for taking any such action.

L. Statements. We will deliver or make available to your periodic statements for your Account at least four (4) times a year, unless your Account is determined to be inactive. The Account statement will describe payments or transfers made in connection with your Account. You agree to notify us promptly if you do not receive your statement by the date you normally would expect to receive it. Your periodic statement may be accompanied by items or a facsimile of those items listed on the statement, unless the item or an image of the item is unavailable for any reason. You agree that the statement and items all have been delivered or made available to you in a reasonable manner. We will not be responsible for any indirect, special or consequential damages under any circumstances for our inability to provide copies of an item. Our liability, if any, will not exceed the face amount of an item in question.

Our records regarding your Account will be deemed correct unless you timely establish with us that we made an error. You are obligated to examine your Account statement promptly and carefully to determine if there were any errors, unauthorized transactions or any other improper or disputed transactions on your Account (collectively referred to as “Exceptions”). You must notify us within thirty (30) days after we have sent or made your Account statement available to you of any Exception on your Account. You must notify us within six (6) months after we have sent or made your Account statement available to you if you identify any unauthorized, missing or altered endorsements on your items. Electronic fund transfers are subject to different time periods for notification of errors. Please refer to Section VII (Electronic Fund Transfer Disclosure) for information regarding erroneous electronic fund transfers. If you fail to notify us of an Exception within the time frames specified herein, your Account statement will be considered correct. We will not be liable for the Exceptions in this Account statement. Except as provided by applicable law, you also agree that we will not be required to reimburse you for any Exceptions caused by your own negligence. If you timely report an Exception, we will investigate the Exception. After you submit a claim under this subsection, we may require you to: (1) complete and return a form detailing the Exception; (2) provide us with any and all requested documents we may require; (3) notify law enforcement; and (4) cooperate fully with us in our investigation. We may reverse any credit we make available to your Account resulting from the Exception claim if you fail to cooperate with us in our investigation or recovery efforts, or if we determine the transaction was authorized. You agree to repay us promptly any amount credited to your Account in error, and you authorize us to debit your Account to obtain payment of any erroneous credit. Different rules may apply to electronic fund transfers. For specific information on unauthorized electronic fund transfers, please refer to Section VII (Electronic Fund Transfer Disclosure).

M. Sub-Deposit Accounts. We will, from time to time, place your funds provided to us in a deposit account or omnibus custody account (“Sub-Deposit Account”) with other depository institutions (each an “Insured Depository Institution”). You will not be charged a fee for our placement of your funds or in connection with the Sub-Deposit Account. We also will act as the agent/custodian with respect to your Sub-Deposit Account pursuant to this subsection. You consent to us placing funds with Insured Depository Institutions. If you do not consent to our placement of funds with Insured Depository Institutions, you should not open an Account or deposit funds with us.

The Sub-Deposit Account will be established by an Insured Depository Institution that has entered into agreements with us. Your funds in the Sub-Deposit Account will bear the interest rates and APY you have agreed to with us (if any). All payments with respect to the Sub-Deposit Account by the Insured Depository Institutions will be made to us, and we will credit the funds to your Account.

Your only rights with respect to the Sub-Deposit Account is to demand we repay you all amounts in your Account, including those transferred to the Sub-Deposit Account. The Sub-Deposit Account may not be transferred to another institution, except by us or the Insured Depository Institution. You may terminate our role as your agent/custodian and our ability to deposit funds you provide us in the Sub-Deposit Account. Any termination will result in a return of funds in accordance with law and closing of your Account and any Sub-Deposit Account opened specifically for you.

When we place funds with Insured Depository Institution and act as your agent with respect to the Sub-Deposit Account, we will ensure the records of the Insured Depository Institution are in our name, as agent or custodian. The funds deposited in the Sub-Deposit Account will be FDIC insured to the same extent as if such funds were held in the Account with us. In other words, the depositing of your funds into the Sub-Deposit Account will not otherwise increase your FDIC deposit insurance coverage. You will not receive any written confirmation of the establishment of the Sub-Deposit Account or transfer of funds to the Sub-Deposit Account; instead, we will maintain records clearly indicating the transfer and beneficial ownership of the Sub-Deposit Account. You must immediately report to us any changes in Account ownership information that you originally provided to us in connection with the submission of your application for an Account.

Our placing of funds may reflect considerations of federal and state law, our funding needs and funding needs of Insured Depository Institutions, general economic conditions or other factors determined by us in our sole discretion. We will not place funds with more than one Insured Depository Institution. We may place funds to enhance our business objectives and for balance sheet management without any benefit to you, including increased FDIC deposit insurance coverage. Further, we may receive greater benefits when we place your funds with an Insured Depository Institution than if we otherwise maintained your funds with us. We are under no obligation to place your funds with an Insured Depository Institution.

A Sub-Deposit Account will be a deposit obligation of the Insured Depository Institution that maintains the Sub-Deposit Account; provided, this does not modify our obligation to repay all amounts you deposited in your Account.

All deposits that are maintained with an Insured Depository Institution in the Sub-Deposit Account are aggregated with deposits maintained in your Account with us for purposes of the SIA. Funds you hold in one or more Accounts with us (including funds we maintain before placement with Insured Depository Institution), funds in the Sub-Deposit Account and any funds resulting from payment of interests on an Sub- Deposit Account will be aggregated for FDIC insurance purposes with all other deposits you hold in deposit accounts with us in the same ownership category and therefore may not be fully insured by the FDIC. For the avoidance of doubt, funds deposited in the Sub-Deposit Account will be treated as funds on deposit in the Account with us for FDIC insurance calculation purposes. As such, your total FDIC deposit insurance coverage for funds you provide us for deposit in your Account will not be increased by nature of any deposit of funds in the Sub-Deposit Account. Please see subjection J above for additional information on determining SIA.

We may provide your name, tax identification number and other pertinent identifying information to Insured Depository Institution, and other parties providing services in connection with the placement of your funds and the establishing and holding the Sub-Deposit Account. You hereby consent to such release of information. Nothing in this section shall be deemed to prevent us from disclosing information to a third party if required by law.

We will act as your agent in connection with the placement of your funds with the Insured Depository Institution and the establishment and maintenance of the Sub-Deposit Account. Although we will act as your limited agent in connection with the placement of your funds, we are not acting as your financial adviser. See subsection A of Section V for additional information. You hereby appoint us to act as your agent for purposes of placing funds with Insured Depository Institutions and establishing and maintaining, on your behalf, the Sub-Deposit Account. You further authorize us to collect for you all interest and other payments related to a Sub- Deposit Account, to place funds with Insured Depository Institution pursuant to the terms set forth herein, and to execute and deliver or file on your behalf all appropriate receipts, agreements, releases and other instruments, including whatever agreements may be required from Insured Depository Institution, for the purpose of establishing your ownership interest in the Sub-Deposit Account and maintaining a Sub- Deposit Account.

Although there are two or more accounts associated with your funds (the account maintained with us, referred to as the Account, and the Sub-Deposit Account), your Account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge, monthly statement and FDIC deposit insurance purposes. The existence of the Sub-Deposit Account and any other account maintained by us pursuant to these Account Terms is for internal purposes and will not change the manner in which you use, obtain information about or earn interest (if any) on your Account. These transfers, including the placement transfer, will not appear on your monthly statement.

N. Interest and Interest Rate. If your Account is an interest-bearing account, the following provisions apply. A minimum deposit of $1.00 is required to earn the Annual Percentage Yield (“APY”) disclosed to you from time to time. We only pay interest in whole cents and use standard rounding rules to calculate the amount of interest earned. This means that an amount equal to or greater than one half of one cent accrued during a monthly interest period is rounded up to the next whole cent and an amount less than one half of one cent accrued during a monthly interest period is rounded down to zero. Interest is compounded daily and credited to your Account monthly. Interest is calculated using the daily balance method. This method applies a daily periodic rate to the principal and interest that has accrued in the Account each day. This means that the interest from your Account is calculated every day on a 365-day year (and 366-day for leap year). Interest begins to accrue on the business day that we receive your deposit. If the Account is closed before interest is credited, accrued interest will be paid through the last full day before the day the Account is closed. The rate at which interest may be paid on the principal balance of the Account, and the corresponding APY at which the Account would earn interest each year if all interest paid on the Account remains in the Account, can be found on the Service Provider Platform, which may be modified by from time to time in our sole discretion. We may, at our discretion, at any time, change the interest rate and the APY.

O. Prohibitions. You must not use your Card or Account for any illegal purpose or internet gambling. This prohibition includes any transaction that is illegal in the jurisdiction where you live, in the jurisdiction where the transaction is consummated, or in any other jurisdiction affected by the transaction. You are responsible for determining the legality of each of your transactions in all applicable jurisdictions before entering into the transaction. We have no obligation to monitor, review or evaluate the legality of any transaction. Nevertheless, we may deny transactions or authorizations if we believe the transaction is or may be illegal. We reserve the right to refuse or return any item that we believe is related to an illegal transaction, an Internet or online gambling transaction or a high-risk transaction. To the fullest extent permitted by law, you agree to pay for any item or transfer that you authorized, even if the transaction related to that item or transfer is determined to be illegal.

P. Fees. You agree to pay all fees and charges applicable to your Accounts, which will be automatically deducted from your Accounts and may result in your Accounts being overdrawn. The amounts of these fees and charges, the manner in which they are calculated, and the ways to potentially avoid them are listed in our Fee Schedule. Fees and our Fee Schedule are subject to change at any time and without notice to you, unless required by law. Fees set forth in the Fee Schedule are charged by Bank for its services. Service Provider may charge you fees separate and apart from the fees set forth in the Fee Schedule for its Services, pursuant to the Service Provider Terms. Bank is not responsible for any fees charged by Service Provider for its Services.

Q. Power of Attorney/Agents. Subject to applicable law, you may not give another person (called an “attorney in fact”) authority to act on your behalf, unless permitted by us. Unless we agree to in writing, we are not required to honor orders and instructions concerning your Account by an attorney in fact for any Account Owner, or by a personal representative, guardian, conservator, or custodian of an account owner. If we approve your appointment of an attorney in fact, we have no duty to monitor or ensure that the acts of your attorney in fact are for your use or benefit or are otherwise permissible under applicable law. We will not be liable if your attorney in fact exceeds his or her powers or does not comply with your instructions or applicable law. We may terminate acceptance of a power of attorney at any time and for any reason and without notice to you. You agree to hold us harmless from and against any actions we take based upon the instructions of your attorney in fact or that your attorney in fact takes regarding your Account, unless or until we receive and have had a reasonable opportunity to act on written notice that you have died or that the power of attorney has been revoked.

R. Death, Incapacity or Termination. You agree to notify us immediately if an Account owner on your Account dies or is declared legally incompetent. In the case of an individual Account, if we have reason to believe the Account owner has died or has been declared legally incompetent, we may place a hold on the Account to retain funds and refuse to accept deposits or to permit withdrawals until we know and have verified the identity of the successor. We will require proof of death or adjudication of incompetence. If you die while residing outside the United States, we may require a personal representative to be appointed by a court in a United States jurisdiction. Until we receive notice and any required proof of death or incompetence, we may act as if all owners are alive and competent. In the event we receive written notice from a personal representative, executor, administrator, conservator or guardian purporting to represent you or your estate, we shall be entitled to rely on all information supplied and representations made in such written notice to the full extent permitted by applicable law. If certain payments originating from government entities are deposited into your Account after your death, we may be required to return those payments to the originator upon notice. If we have any tax liability because of paying your balance to your estate, the estate will be responsible for repaying us the amount of that tax. If you owe us a debt at the time of your death, we are authorized to exercise our right of setoff (our right to apply funds in one account to the debt associated with another account) or security interest rights against the funds credited to your balance after your death.

S. Monitoring and Closing Your Account. Subject to the terms herein, you can close your Account at any time and for any reason by contacting us or terminating the Account through the Service Provider Platform, if applicable. We reserve the right to refuse your request to close your Account if your Account is not in good standing or if you have a negative balance on your Account. If you intend to close your Account, you should notify us. Simply reducing your Account balance to $0.00 is insufficient notice. If you close your Account you are responsible for transactions you initiated or authorized, including those that we receive after the Account is closed. Withdrawals from your Account may be restricted prior to Account closing.

We reserve the right to monitor all Account activity for inappropriate use. We can close your Account at any time, for any reason, without advance notice. If we close your Account, we will notify you by mail, electronically or by telephone that we have closed your Account unless your Account has had a zero balance for thirty (30) days or more. If we close your Account, all collected funds (less any amounts due to us or for debits in process) will be transferred to your Linked Account. Alternatively, we may, at our discretion, mail you a check for the available balance in your Account. Written notice that the Account has been closed and a check, if any, will be sent to any address shown on our records for you, or if the Account is a jointly owned, to any account owner to whom we elect to send it. Once we have closed your Account, you agree that we can assess any service charge otherwise applicable against any remaining balance in your Account. We are not responsible to you for any damages you may suffer as a result of your Account being closed. If you attempt to make a deposit to an Account we closed, we may collect the deposit and set-off your indebtedness to us. Any funds in excess of $1.00 will be returned to you.

State laws (called “escheat” or unclaimed property laws) require us to close your Account and transfer your money to the state if your Account is dormant for a period of time as defined by your state of residence. Your Account can become dormant if, for 24 months, there is no transactional activity. If your Account becomes dormant, you may no longer receive statements, but you can still view your accounts online.

State abandoned property law establishes guidelines under which unclaimed property must be surrendered to the applicable state. Generally, the funds in your Account are considered unclaimed if you have not had any activity or communication with us regarding your Account over a period of years, defined by your state of residence. All products offered by us are subject to abandoned property laws. If your funds are surrendered to the state, you may be able to reclaim them, but your claim may need to be presented to the state. You can avoid the transfer of your money to the state simply by signing into your Account, transacting periodically, or contacting us, or replying to any abandoned property correspondence.

IV. Arbitration and Waivers.

THIS ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL DISPUTES BETWEEN YOU AND US ARE RESOLVED. PLEASE READ THIS SECTION IV (ARBITRATION AND WAIVERS) CAREFULLY. YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION PROVISION AS SET FORTH BELOW. If you do not opt out, for a dispute subject to arbitration, neither you nor we will have the right to: (A) have a court or a jury decide the dispute; (B) engage in information-gathering (discovery) to the same extent as in court; (C) participate in a class action in court or in class arbitration; or (D) join or consolidate a claim with claims of any other persons. Arbitration procedures are simpler and more limited than rules applicable in court. The decision of the arbitrator is final and binding.

A. Definitions. If you have a dispute with us or our Service Provider, and we are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute will be resolved through the arbitration process as set forth in this section. A “claim” or “dispute,” as used in this Section IV (Arbitration and Waivers), is any unresolved disagreement between you, us and/or our Service Provider, arising from or relating in any way to the Account or these Account Terms. The terms “claim” and “dispute” are to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any disagreement relating in any way to services offered in connection with an Account or any other services offered pursuant to these Account Terms; to your use of any of our banking products or services; to any means you may use to access your Account(s); to any advertisements, promotions or oral or written statements related to the Account; to the benefits and services related to an Account; or your approval, establishment or enrollment for an Account. Claims also include disagreements about the meaning, application or enforceability of this arbitration agreement. As solely used in this Section IV (Arbitration and Waivers), “we” or “us” shall include the Bank, its affiliates and their successors, employees, directors, officers and agents, and the terms “you” or “yours” shall mean each Account owner and all persons or entities approved to have, approved to use and/or given access to an Account. The term “Account,” for purposes of arbitration, includes any updated or substitute Account for you.

B. Binding Arbitration and Appeals. Arbitration applies whenever there is a claim between you and us. If a third party is also involved in a claim between you and us, then the claim will be decided with respect to the third party in arbitration as well, and it must be named as a party in accordance with the rules of procedure governing the arbitration. No award or relief will be granted by the arbitrator except on behalf of, or against, a named party. Claims are subject to arbitration, regardless of on what theory they are based, whether they seek legal or equitable remedies, or whether they are common law or statutory (Federal or state) claims. Except for small claims addressed in subsection D (Excluded Claims) below, arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.

Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the claim exceeds $25,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $25,000, any party can, within thirty (30) days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the forum. The panel shall reconsider anew all factual and legal issues, following the same rules of procedure and decide by majority vote. Reference in this Section IV (Arbitration and Waivers) to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken.

C. Opting Out. If you do not want this arbitration provision to apply to your Account, you may opt out by sending us written notice of your decision within ten (10) days of the opening of your Account. Such notice must clearly state that you wish to cancel or opt out of the arbitration provision of these Account Terms. It should include your name, address, Account name, Account number, and your signature and must be mailed to: 2955 Campus Drive #110, San Mateo, CA 94403.

D. Excluded Claims. You and we retain the right to pursue in small claims court (or an equivalent state court) any dispute that is within that court’s jurisdiction, so long as the disputes remain in such court and advance only an individual claim for relief. If either you or we fail to submit to binding arbitration of an arbitrable dispute following lawful demand, the party so failing shall bear all costs and expenses incurred by the other in compelling arbitration.

E. Initiation of Arbitration. Any claim must be resolved, upon the election by you or us, by arbitration pursuant to this Section IV (Arbitration and Waivers) and the code of procedures of the national arbitration organization to which the claim is referred in effect at the time the claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you have the right within ten (10) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

In the event that JAMS or the AAA is unable to handle the dispute for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties pursuant to the AAA rules of procedure; or, if the parties cannot agree, selected by a court in accordance with the Federal Arbitration Act (Title 9 of the United States Code) (“FAA”). To the extent that there is any variance between the selected forum’s rules and this Section IV (Arbitration and Waivers), this Section IV (Arbitration and Waivers) shall control.

If you initiate the arbitration, you must notify us in writing at: 2955 Campus Drive #110, San Mateo, CA 94403. If we initiate the arbitration, we will notify you in writing at your last known address in our file.

F. Class Action and Jury Waiver. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY COURT ACTION OR ARBITRATION, OR TO INCLUDE IN ANY COURT ACTION OR ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, UNLESS THOSE PERSONS ARE BENEFICIARIES ON YOUR ACCOUNT. THIS IS SO WHETHER OR NOT THE CLAIM HAS BEEN ASSIGNED. FURTHER, NEITHER YOU NOR WE SHALL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT, SUBJECT TO SUBSECTION D (EXCLUDED CLAIMS), OR HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA.

G. Location of Arbitration and Cost. The arbitration shall take place in the Federal judicial district in which you reside, unless the parties agree to a different location in writing. The party initiating the arbitration (or appeal of the first arbitration award) shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor, we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us in writing and we determine in good faith there is a justifiable reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but the arbitrator will have the authority to award attorneys and expert witness fees and costs to the extent permitted by these Account Terms, the forum’s rules, or applicable law.

H. Governing Law. You and we agree that in our relationship arising from these Account Terms: (1) the parties are participating in transactions involving interstate commerce; (2) the arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement; and (3) this arbitration agreement and any resulting arbitration are governed by the provisions of the FAA, and, to the extent any provision of that act is inapplicable, the laws of the State of Tennessee. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award.

I. Continuation and Severability. This Section IV (Arbitration and Waivers) shall survive termination of your Account, these Account Terms and any bankruptcy by you or us. If any portion of this Section IV (Arbitration and Waivers) is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Section IV (Arbitration and Waivers), these Account Terms or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

V. Miscellaneous Terms.

A. Ordinary Care; No Fiduciary Obligation. You agree that any act or omission made by us in reliance upon or in accordance with any provision of the Uniform Commercial Code as adopted in the State of Tennessee, or any rule or regulation of the State of Tennessee or a federal agency having jurisdiction over the Bank, shall constitute ordinary care. Unless otherwise specified, we do not assume any fiduciary obligation on your behalf. This means that we do not act as your trustee or financial advisor, and we don’t assume any responsibility for your account beyond reasonable care.

B. Governing Law, Forum and Time Limits.

1. All Accounts are opened at the Tennessee branch office of the Bank. All actions relating to your Account, including these Account Terms, will be governed by the laws and regulations of the United States and the State of Tennessee (to the extent that laws of the State of Tennessee are not preempted by Federal law). Federal and the laws of the State of Tennessee shall be applied without giving effect to principles of conflicts of law.

2. To the extent any dispute arising under these Account Terms or relating in any way to your Account or your relationship with us is not arbitrated, you consent to the jurisdiction of, and agree that such dispute will be resolved by the Federal or state court located in Shelby County, Tennessee.

3. You must file any lawsuit or arbitration against us within two (2) years after the claim arises, unless Federal law or the laws of the State of Tennessee or an applicable agreement provides for a shorter time. This limit is in addition to limits on notice as a condition to making a claim. If Tennessee law does not permit contractual shortening of the time during which a lawsuit must be filed to a period as short as two (2) years, you agree to the shortest permitted time under Tennessee law. Any action against us must be brought within the period that the applicable law requires us to preserve records, unless applicable law or this agreement provides a shorter limitation period.

C. Reporting Information. We may report information about your Account to consumer reporting agencies, governmental agencies, and/or third-party data services. Defaults on your Account may be reflected in your consumer report.

D. Compliance with Law. You agree to comply with applicable law and to not use your Account for illegal transactions or activities.

E. Changes in Terms. We may change these Account Terms, or any fees and features of your Account, at any time. We will give you advance notice of any change required by law in accordance with such law. We may provide this notice to you on or with your statement, by mailing the notice to you directly or by posting the notice on the Service Provider Platform. We may change or terminate these Account Terms without notice to comply with any appropriate Federal or state law or regulation.

F. Security Interest. You grant us a security interest in your Account to secure payment of any money that you owe to us arising under these Account Terms or any other agreements with us. You acknowledge and grant us the right to use any of the funds in your Account to cover any money you owe to us (a “right of set-off”). You agree that the security interests you have granted to us are consensual and in addition to any rights of set-off. We may exercise our security interest or right of set-off without prior recourse to other sources of repayment or collateral, if any, and even if such action causes you to lose interest, incur any penalty or suffer any other consequence. If we exercise our security interest or right to set-off, we will notify you to the extent required by applicable law. If the law imposes conditions or limits on our ability to take or set off funds in your Account, to the extent that you may do so by contract, you waive those conditions and limits, and you authorize us to apply funds as we deem applicable. We may also exercise these rights against any Account beneficiary. These rights exist no matter who contributed the funds to the Account. We will consider these Account Terms as your consent for us asserting our security interest or exercising our right of set-off should any laws governing your Account require your consent.

G. No Waiver of Rights. If we fail to exercise or waive a right with respect to your Account on one or more occasions, it does not mean we have waived, or are obligated to waive, the same right on any other occasion. We may release any other person obligated under these Account Terms without affecting your responsibilities under these Account Terms. In any event, no such waiver or delay by us is effective unless it is in writing and approved by us.

H. Assignment. Your Account is not transferable and is not assignable as collateral for a loan or for any other purpose.

I. Other Services and Conflicts. If we make available to you any of our other banking services offered in connection with your Account (e.g., wire or check services), we may provide certain terms and conditions of the additional service to you in a separate agreement or disclosure. If a service we offer has a separate agreement, and there is a conflict between the terms of these Account Terms and the separate agreement, the separate agreement shall control.

J. Privacy Policy. You authorize us to share information about you and your Account with our affiliates and third parties, unless applicable law or our Privacy Notice prohibits us from doing so. Please see our Privacy Notice for your choices about information sharing.

K. Severability. In the event that any court or tribunal of competent jurisdiction determines that any provision of these Account Terms is illegal, invalid, or unenforceable, the remainder of these Account Terms shall not be affected thereby. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders unenforceable any provision hereof, and to the extent that such waiver is not permitted by applicable law, the parties intend that such provision be interpreted as modified to the minimum extent necessary to render such provision enforceable.

L. Limitation of Liability, Disclaimer of Warranty, Indemnification and Reimbursements.

1. Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM OUR FAILURE TO ACT, OR ANY DELAY BEYOND TIME LIMITS PRESCRIBED BY LAW OR PERMITTED BY THESE ACCOUNT TERMS IF SUCH FAILURE OR DELAY IS CAUSED BY YOUR NEGLIGENCE, ACTS OR OMISSIONS OF THIRD PARTIES, INTERRUPTION OR MALFUNCTION OF EQUIPMENT OR COMMUNICATION FACILITIES, SUSPENSION OF PAYMENTS BY ANOTHER FINANCIAL INSTITUTION, FIRE, NATURAL DISASTERS, ELEMENTS OF NATURE, GOVERNMENT ACTION, ACTS OF WAR, TERRORISM OR CIVIL STRIFE, EMERGENCY CONDITIONS, OR OTHER CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF THE BANK, PROVIDED THE BANK EXERCISED SUCH DILIGENCE AS THE CIRCUMSTANCES REQUIRE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE BANK SHALL BE EXCUSED FROM SUCH FAILURE TO ACT OR DELAY AS LONG AS SUCH CIRCUMSTANCES PREVAIL, AND THE BANK CONTINUES TO USE ITS COMMERCIALLY REASONABLE EFFORTS TO RECOMMENCE PERFORMANCE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR A CLAIM IS LIMITED TO THE FACE VALUE OF THE ITEM OR TRANSACTION, OR THE ACTUAL VALUE OF ANY FUNDS NOT PROPERLY CREDITED OR DEBITED. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES.

2. To the fullest extent permitted by law, we are not liable for any Services or the Service Provider Platform and disclaim all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and lack of viruses related to the Services or the Service Provider Platform.

3. Indemnification. You agree to indemnify and hold us harmless from any losses, damages, suits and expenses, including reasonable attorneys’ fees, which we may incur as a result of: (i) taking any action or not taking any action that we are entitled to take pursuant to these Account Terms; (ii) any action or omission by you; or (iii) relying upon instructions or information from you.

This subsection does not, in any case, reduce our liability to you as described in Section VII (Electronic Fund Transfer Disclosure).

4. Disclaimer. ALL ACCOUNT FEATURES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5. Reimbursement for Losses. If we take any action to collect debt incurred by you or other amounts you owe us under these Account Terms or defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, including, without limitation, reasonable attorneys’ fees, to the extent permitted by applicable law. We may charge your Account for our losses without prior notice to you.

M. Liability for Service Interruptions. From time to time, due to maintenance, malfunctions or failures of software, equipment, or telecommunications devices, as well as unusual transaction volume or similar reasons, access to your Account may not be available to you. We minimize the periods of time during which your Account is unavailable. Access to your Account may also be interrupted as a result of things beyond our reasonable control, computer failures, loss of power, failure or interruption of communication or transportation facilities, riots, strikes, or civil unrest. You agree that we shall not be responsible for any loss, damages, costs or expenses that you may suffer or incur, directly or indirectly, as a result of the unavailability of access to your Account, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access your Account caused directly or indirectly, in whole or in part, by your computer or mobile device, your inability to establish a connection to or to access the Internet, or other limitations or constraints of the Internet. The provisions set forth in this section shall apply in addition to any other provisions in these Account Terms but as applied to service interruptions for access to your Account, this section shall control.

N. Section Headings and Successors. The headings in these Account Terms are only for convenience and do not in any way limit or define your or our rights or obligations under these Account Terms. These Account Terms will be binding on your personal representatives, executors, administrators, and successors.

O. Change of Address or any Application Information. You must notify us through the Service Provider Platform of any change of address, email address or phone number or any material change to information you provided us in your application to open an Account. Any notice we provide to you will be binding and sent to the last (postal or electronic) address in our records. We may change your address if we receive an address change notice from the U.S. Postal Service or if a company in the business of providing correct addresses informs us that the address in our records no longer matches your address.

P. Communications. You acknowledge that data, including emails, may be accessed by unauthorized third parties when communicated between you and the Bank, using the Internet, telephone, or other electronic devices. We are not responsible for any misdirected data or disclosures that occur as a result of your use of third-party electronic communication channels.

Q. Calls and Messages. You agree that we or our agents or service providers may contact you regarding any matter for any non- telemarketing reason using any kind of telecommunications technology at any email and telephone number you provide to us, including the phone number for your mobile device. You agree to receive these calls and messages, including pre-recorded or auto-dialed calls. You also agree that we may send text messages to any phone number for your mobile device you provide to us. You understand and accept that your service provider may charge you for these calls and messages consistent with applicable law. For quality control purposes and for other reasons, you permit us to record and monitor your telephone conversations and electronic communications with us (including email). Unless the law requires otherwise, you consent in advance to such recording and monitoring and we do not need to remind you of these activities at the time of the call or communication. To revoke the consent provided pursuant to this subsection, you must send ten (10) days’ prior written notice of such revocation to 2955 Campus Drive #110, San Mateo 94403.

R. Survival. Termination of these Account Terms shall not impact any right or obligation arising prior to termination, and in any event, the parties agree that any right or obligation which, by its nature, should survive termination of these Account Terms will survive any such termination (including, but not limited to Sections IV (Arbitration and Waivers) and V (Miscellaneous Terms) of these Account Terms).

VI. Tax Reporting and Backup Withholding.

Federal law requires us to have a valid Social Security Number or Individual Taxpayer Identification Number for each Account owner so that we can correctly report the interest you have earned to the relevant tax authorities (if your Account is an interest-bearing account). Accordingly, you must certify your Social Security Number or Individual Taxpayer Identification Number as part of opening an Account. If you do not provide us with and certify a valid Social Security Number or Individual Taxpayer Identification Number within the time period specified, we are required to withhold a percentage of the taxable interest that we pay to you. This withholding is commonly referred to as “Backup Withholding.” In some states, we may also be required to withhold taxable interest for state taxes.

VII. Electronic Fund Transfers Disclosure.

We may offer a variety of electronic banking services for your use with your Account. The purpose of this Section VII (Electronic Fund Transfer Disclosure) is to inform you of some of the electronic banking services and also provide you with disclosures applicable to the services. We may also provide separate agreements to you that govern the terms of some services, including a separate agreement for Cards.

A. Supported EFTs. The electronic fund transfers (“EFTs”) that we may support are listed below. EFT available to you will depend on the EFTs supported by the Service Provider Platform and all the below listed EFT services may not be available to you.

1. Direct deposits of federal government payroll, disability, veteran’s benefits, Social Security, and other federal government payments that you may receive and that may be deposited to your Account and of your paycheck to your Account, provided that your employer offers direct deposit and you complete any forms required by your employer.

  1. Any deposit or withdrawal to your Account that is handled electronically as an ACH Transfer.

  2. Card transactions at ATMs to withdraw cash, transfer funds and find out balances.

  3. Card transactions at participating merchants to purchase goods and services. Some merchants may also allow you to withdraw cash from your Account while making a purchase.

  4. Deposit cash and checks by using your Card at an ATM.

  5. Online fund transfers using your Card and the Service Provider Platform, if available.

We do not charge for EFTs, but we may add charges at any time by providing you with prior notice if required by law. An ATM owner may charge you for using the ATM.

B. Transfer Limitations. The transfer limit depends on the EFT type. If a Card is made available to you, it is subject to a purchase and withdrawal limit, as set forth in the debit card agreement governing your Card. The Card may be further limited based on fraud risk and security of the Account. All EFTs are subject to limits. Such EFT limits include limits on ATM withdrawals, cash advances and PIN or signature-based purchases. ACH Transfers to external accounts are also subject to limits on the dollar amount of electronic transfers between your Account and external accounts at other financial institutions, including Linked Accounts. All limits described here are designed to be flexible in order to protect the security and integrity of the service and accounts, including the Account, as well as you and all other users of the service. These limitations may be based on confidential fraud and risk criteria that are essential to our management of risk and the protection of you and the integrity of the service and all Accounts and may be modified at our sole discretion without advance notice.

C. Preauthorized Credits. If you have arranged to have direct deposits to your Account at least once every sixty (60) days from the same person or company (including your employer), you can call us at +1 (888) 610-2324 or access your Account through the Service Provider Platform to find out whether or not the deposit has been made.

D. Periodic Statements. For purposes of this Section, we may send you a monthly Account statement that sets forth all of your EFTs made in the past month, unless there are no EFTs in a particular month. In that case, we will send you a statement at least quarterly, unless your account is considered inactive.

E. Terminal Transfers. If you are able to make transfers to or from your Account using an ATM or point-of-sale terminal, you can get a receipt at the time you make any such transfers.

F. Liability for Failure to Make EFTs. If we do not complete a transfer to or from your Account on time or in the correct Amount according to our agreement with you, we will be liable for damages or losses proximately caused by our failure. All such damages and losses for a failure to make a transfer will have to be actual proven damages. However, there are some exceptions, and we will not be liable for any damages or losses if, for example: (1) there are insufficient funds in your Account to complete the transaction through no fault of ours; (2) the funds in your Account are not yet available for use or withdrawal; (3) the ATM where you are making the transfer does not have enough cash; (4) the ATM, system, equipment or terminal involved in the transfer is not working properly and you know about the improper functioning at the time you started the transaction; (5) the funds in your Account are subject to legal process or other encumbrance restricting the transfer; (6) the circumstances preventing the transfer or the failure of the transfer is beyond our control (e.g., power outage, an Act of God, fire, natural disaster) even after we have taken reasonable precautions; (7) the Account is inactive or dormant; or (8) your Card has been revoked due to inactivity or at our discretion. There may be additional exceptions stated in our agreement with you or permitted by law.

G. Liability for Unauthorized Transfers.

Tell us AT ONCE if you believe your Card (if one is made available to you) or Credentials have been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Account. You could lose all the money in your Account. If you tell us within two (2) business days after you learn of the loss or theft of your Card or Credentials, you can lose no more than $50 if someone used your Card or Credentials without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or Credentials, and we can prove we could have stopped someone from using your Card or Credentials without your permission if you had told us, you could lose as much as $500.

Also, if your statement shows transfers that you did not make, tell us at once. If you do not tell us within sixty (60) days after the statement was mailed to you or first became available via electronic means, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. We can extend these time periods if extenuating circumstances (such as a long trip or hospital stay) kept you from notifying us.

H. Business Days. Our business days are (Monday through Friday) (Monday through Saturday) (any day including Saturdays and Sundays). Holidays are (not) included.

 

 

I. Confidentiality. We will disclose information to third parties about your Account or the transfers you make: (1) where it is necessary for completing transfers; (2) in order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant; (3) in order to comply with government agency or court orders; or (iv) if you give us your written permission.

J. Preauthorized Payments.

1. Stop Payment Procedure. You may not stop payment of an electronic transfer that is not recurring once you have initiated the transaction. If you informed us, in advance, to make automatic recurring transfers out of your Account, you can stop any of these transfers by calling us at [INSERT NUMBER] or sending us an electronic communication through the Service Provider Platform. We must receive your stop payment request at least three (3) business days before the transfer is scheduled to be made. When you make the request, you must tell us your name, the Account to which the transfer is scheduled to be made, specify the exact amount of the transfer you want stopped, and the date the transfer is scheduled to be made. If you call us, we may require you to put your request in writing and get it to us within fourteen (14) days after you call. If you do not, then your verbal request will expire after fourteen (14) days. We will charge you [INSERT AMOUNT] for each stop-payment order you give.

2. Notice of Varying Amounts. If these regular payments may vary in amount, the person you are paying must tell you ten (10) days before each payment when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

3. Liability for Failure to Stop Payment of Preauthorized Transfer. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. We will not be responsible if our computer system does not act on your order because you did not give us precise and correct information. Our liability for losses or damages may be limited to actual damages that you have sustained if the failure to stop payment was due to a bona fide error.

K. Error Resolution. In Case of Errors or Questions About Your Electronic Transfers Telephone us at [insert telephone number] Write us at [insert address] [or email us at [insert email address]] as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared.

You must provide us with the following information: (1) tell us your name and account number (if any); (2) describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (3) tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Account. For errors involving new Accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Accounts, we may take up to twenty (20) business days to credit your Account for the amount you think is in error.

We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If we credit your Account with funds while investigating an error, you must repay those funds to us if we conclude that no error has occurred.

VIII. Deposit Availability Disclosure.

When a deposit is made to your Account, the funds may not be available immediately. This Section VIII (Deposit Availability Disclosure) describes when funds will be made available to you.

A. Delays. We may delay the availability of funds from certain types of deposits to your Account. There are exceptions that may apply in certain circumstances (e.g., if you have overdrawn your Account repeatedly in the last six months or there is an emergency). During the delay, you may not withdraw funds and may not use the funds. Interest will be paid on deposits we receive, even if the funds are not yet available for withdrawal. We will notify you if we delay the availability of your funds, and we will tell you when you can expect your funds to be available.

B. Day of Deposits. Any transaction that you conduct on Saturday, Sunday, a federal holiday, or other days on which we are closed will be handled the following business day. If we receive a deposit before 4:00 PM MT on a business day, we will consider that business day to be the day of your deposit. However, if we receive a deposit after 4:00 PM MT or on a non-business day, we will consider the deposit as having been made the next business day.

C. Availability of Cash, Wire and Check Deposits. If your Account supports cash, wire or check deposits, we will provide you with a separate deposit and fund availability disclosure and schedule for such deposits.

D. Availability of ACH Transfer and EFT Deposits. Funds from ACH Transfers or EFTs that you initiate through another bank will generally be available on the next business day after the day the ACH Transfer is deemed to be received by us. An ACH Transfer or EFT debit to a Linked Account or any other external account that we originate on your behalf will generally be made available on the third business day after the date the ACH Transfer or EFT is deemed to be received by us. Once they are available, you can use the funds for EFTs and ACH Transfers. Even after we have made funds available to you and you have withdrawn the funds, you remain responsible if any deposit to your Account is returned, rejected, or otherwise uncollected by the Bank.

Evolve Bank & Trust electronic communication consent

Last updated: 07/07/21

Evolve Bank & Trust Electronic Communication Consent  

We want to provide you with communications electronically. Certain laws and regulations require us to provide communications to you  “in writing,” which means you may be entitled to receive the information on paper. The E-SIGN Act allows us to provide you  communications electronically and to conduct transactions with you electronically, with your consent.

Please read this Evolve Bank & Trust Electronic Communication Consent (the “Consent”) carefully prior to providing us with your  consent. This Consent describes how we deliver and receive communications to and from you electronically and asks you to consent to use electronic records and signatures in our relationship with you. If you do not agree to this Consent or you later withdraw your  consent provided herein, you may not be able to continue to use our services.

Definitions 

We”, “us”, and “our” means Evolve Bank & Trust, its current or future affiliated companies, agents, assignees and service providers.

You” and “your” mean each applicant, account owner and anyone else with access to the account. If there is more than one owner,  then these words mean each account owner separately, and all account owners jointly.

Communication” means each application, agreement, disclosure, notice, fee schedule, response to claims, statement, privacy policy,  record, document and other information related to your account or to any Product, or that you sign, submit or agree to at our request.

Product” means each and every account, product or service we offer or will offer.

The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples  and is not exclusive or exhaustive, and the items in the list are only illustrations.

Scope of Communications to be Provided in Electronic Form. 

This Consent applies to all Communications and Products. By applying for or using a Product, you agree that any Communications will be  provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. Your consent to receive  electronic Communications and transactions includes, but is not limited to:

▪ All legal and regulatory disclosures and communications associated with the Product;

▪ The Account Terms, including any amendments thereto, and any and all agreements by and between you and us that relate to  a Product;

▪ Privacy policies and notices;

▪ Responses to claims filed in connection with a Product;

▪ Statements; and

▪ All other communications between us and your concerning the Product and any related transactions, products or services.

Sometimes the law, or our agreement with you, requires you to give us a written notice. You must still provide these notices to us on  paper, unless we specifically tell you in another Communication how you may deliver that notice to us electronically.

We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the  terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or  change as required by law.

Method of Providing Communications in Electronic Form. 

All Communications that we provide in electronic form will be provided either (1) by e-mail or (2) by access to a website designated in  an email notice from us, (3) through the any mobile application we may make available, (4) to the extent permitted by law, by access to  a website generally designated in advance for such purpose, or (5) in the manner specified in any other agreement we or our affiliates  have with you.

If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving  electronic Communications and using electronic signatures in your relationship with us.

Continuing to use our Products after receiving updates to our system requirements signifies your acceptance of the change and  reaffirmation of your consent.

Keeping your Records Current. 

It is your responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information related to  this Consent and a Product, and to maintain and update promptly any changes in this information. You can update information (such as  your e-mail address) by contacting us at [INSERT EMAIL ADDRESS]. We are not responsible for any delay or failure in the receipt of the  Communications if we send the Communications to the last e-mail address you provided to us.

System Requirements for Accessing Communications. 

In order to access, view, and retain electronic Communications that we make available, you must have:

▪ computers capable of running one of these compatible browsers:

▪ Internet Explorer version 9.0 or higher.

▪ Firefox version 35 or higher.

▪ Safari version 6.1 or higher.

▪ Chrome version 38 or higher.

OR

▪ an Apple iPhone or iPad running iOS version 9.0 or higher.

▪ access to an active e-mail account with an email service provider.

We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial  change in these requirements, you will be notified as required by law.

Requesting Paper Copies. 

We will not send paper copies of any Communication; however, we reserve the right, but assume no obligation, to provide a paper  (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of  an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, call us at [INSERT  NUMBER] during normal business hours, except for national holidays. There may be a fee associated with the request for the delivery of  paper copies of any Communication provided electronically pursuant to this Consent.

Communications in Writing. 

All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download a  copy of this Consent and any other Communications for your records.

Withdrawing Your Consent  

You can withdraw your consent to receive Communications electronically at any time. Your withdrawal of consent will become effective  after we have had a reasonable opportunity to act upon it. To withdraw your consent to receive Communications electronically, you  must contact us by e-mailing at [INSERT EMAIL ADDRESS].

If you withdraw consent, your access to all Products will be terminated and any account you have with us will be closed and funds will  be returned to you in accordance with the account agreement. If you withdraw consent, the legal validity and enforceability of prior  Communications delivered in electronic form will not be affected.

Consent  

By applying for or using a Product or by checking any call to action (including “I Agree” or similar language), you give us affirmative  consent to receive electronic Communications as described herein.

By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to  receive and review electronic Communications, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates,  product owners and/or service users identified with your Products.

Privacy Policy

What does Evolve Bank & Trust do with your Personal Information?

 

Policies
WHY? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
WHAT? The types of personal information we collect and share depend on the product or service you have with us. This information can include:

Social Security number and account transactions
Payment history and account balances
Credit history and transaction or loss history

HOW? All financial companies need to share members’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Evolve Bank & Trust chooses to share; and whether you can limit this sharing.
Sharing Your Information
Reasons We Can Share Your Information Does Evolve Bank & Trust Share? Can You Limit This Sharing?
For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus YES NO
For our marketing purposes to offer our products and services to you YES NO
For joint marketing with other financial companies YES NO
For our affiliates’ everyday business purposes information about your transactions and experiences YES NO
For our affiliates’ everyday business purposes information about your creditworthiness NO WE DON’T SHARE
For our affiliates to market to you NO WE DON’T SHARE
For non-affiliates to market to you
NO WE DON’T SHARE
Questions? Call 866.395.2754
WHO WE ARE
Who is providing this notice? Evolve Bank & Trust
WHAT WE DO
How does Evolve Bank & Trust protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.
How does Evolve Bank & Trust collect my personal information? We collect your personal information, for example, when you:

Open an account or provide account information
Use your credit or debit card or apply for financing
Give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can’t I limit all sharing? Federal law gives you the right to limit only:

Sharing for affiliates’ everyday business purposes – information about your creditworthiness
Affiliates from using your information to market to you
Sharing for non-affiliates to market to you

State laws and individual companies may give you additional rights to limit sharing. See below for more on your rights under state law.

Definitions
Affiliates Companies related by common ownership or control. They can be financial and non-financial companies.

Our affiliates include companies with an Evolve name, such as Evolve Bancorp, Inc.

Non-Affiliates Companies not related by common ownership or control. They can be financial and non-financial companies.

Non-affiliates we share with can include insurance companies, service providers, co-branded partners, retailers, data processors, membership clubs, companies engaged in selling of consumer products and services, financial services companies, banks, and mortgage servicing companies.

Joint Marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

Our joint marketing partners include companies such as financial services companies and other financial institutions.

OTHER IMPORTANT INFORMATION:
VT: Accounts with a Vermont mailing address are automatically treated as if they have limited the sharing as described on page 1.

NV: If you prefer not to receive marketing calls from us, you may be placed on our Internal Do Not Call List by calling 866.395.2754 or by writing to us at: 6070 Poplar Ave, Suite 100, Memphis, TN 38119. For more information, contact us at the address in the preceding sentence.

You may also contact the Nevada Attorney General’s Office:
Bureau of Consumer Protection
Office of the Nevada Attorney General
555 E. Washington St., Suite 3900,
Las Vegas, NV 89101
tel: 702.486.3132
email: BCPINFO@ag.state.nv.us

You have the right to opt-out of the sale of certain personal data to third parties. You can exercise this right by contacting us at the above address and providing us with your name and the account number. Please note that we do not currently sell your personal data as sales are defined in Nevada Revised Statutes Chapter 603A. You may also fill out our contact form to exercise rights under this section.

CA: Under California law, we will not share information we collect about you with companies outside of Evolve Bank & Trust, unless the law allows. For example, we may share information to service your accounts, or to provide rewards or benefits you are entitled to. We will limit sharing among our companies to the extent required by California law.

UPDATED: September 2020