Terms of Service

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Effective December 23, 2019

Hello! Please read the following terms and conditions of use (the “Agreement”) before using the Earned, LLC site (www.earnedcard.com) (“Site”) or mobile application, or accessing any data thereon or any services in connection with Site or mobile application (collectively, the “Services”).

When you see the words “you” or “your,” they refer to you, individually and/or as an agent on behalf of an entity or another registered user. The words “EC,” “our,” “we,” and “us” collectively mean Earned, LLC and its parent, any of their respective affiliates, providers, officers, directors, employees, agents, independent contractors or licensors.

The Services are owned and operated by EC. The Services are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and EC. If you do not agree to the terms and conditions of this Agreement without limitation or exclusions, you are not permitted to and may not use the Services.

EC reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. Your continued use of the Services after any change to this Agreement constitutes your agreement to be bound by any such changes. EC may terminate, suspend, change, or restrict access to all or any part of this Site or Service without notice or liability.

This document contains the terms of use for the Services, as well as references to the terms of use and privacy policies for the services of our partners, including Oriental Bank, SynapseFI, Evolve Bank & Trust, and Plaid Inc.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

LIMITATIONS OF USE

The copyright in all material on this Site and related to the Services, including without limitation the text, data, articles, design, source, software, photos, images and other information (collectively the “Content”), is held by EC or by the original creator of the material and is protected by U.S. and International copyright laws or treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of EC. You acknowledge that the Content is and shall remain the property of EC. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other website, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without EC’s prior written approval.

You also may not, without EC’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.

You agree to use the Content and the Services only for lawful purposes. You are prohibited from any use of the Content or the Services that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Services, including but not limited to unauthorized entry into EC’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. EC makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by EC.

To use the Services, you must be a U.S. resident at least 18 years of age, or the age of legal majority in your jurisdiction. Children under the age of 18, or under the age of legal majority in their jurisdiction, are not eligible to participate in the offerings on this Site.

TRADEMARKS

 

Marks and trademarks, including, but not limited to, the name and other distinctive marks or logos, which identify EC (collectively the “EC trademarks”) belong to EC. Other company names, product names, and service names and logos used and displayed on this Site may be trademarks or service marks owned by EC or others. Nothing on this Agreement should be construed as granting—by implication, estoppel, or otherwise—any license or right to use any of the EC trademarks without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the EC trademarks unless in accordance with written authorization by us. EC prohibits use of any of the EC trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by EC in advance. Any questions concerning any EC trademarks, or whether any mark or logo is an EC trademark, should be referred to EC.

 

LINKS TO THIRD-PARTY SITES

 

This Site may contain links to websites controlled, owned, and operated by third parties (the “third-party sites”). EC cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by EC of such sites or the content, products, advertising or other materials presented on such sites but are only for your convenience, and you access them at your own risk. Such third-party sites may have a privacy policy different from that of EC and the third-party site may provide less security than this Site. EC is not responsible for the content of any third-party websites, nor does EC make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party websites, and EC shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.

 

CONSENT TO DOING BUSINESS ELECTRONICALLY

 

By choosing to use the Services from time to time you will receive disclosures, notices, documents and information (collectively, “Communications”) from EC. We can only give you the benefits of our Service through the internet, and therefore we need you to consent to our giving you Communications electronically. This section informs you of your rights when receiving Communications from us electronically. We may discontinue electronic provision of Communications at any time in our sole discretion.

 

Your consent to this Agreement means that Communications EC provides to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Communications, unless you have withdrawn your consent as stated below.

 

Scope of Consent: You are agreeing and consenting to our providing you all Communications in electronic form, including by email, phone call, through the EC mobile application or SMS. This means that we will not provide paper Communications to you unless and until you withdraw your consent as provided below. Your consent to receive Communications and transact business electronically, and our agreement to do so, applies to any transactions to which such Communications relate, whether between you and EC or between you and Oriental Bank or any of our other partners referenced in this Agreement. Your consent will remain in effect for so long as you use the Services and, if you no longer use the Services, the consent will continue until such time as all Communications relevant to transactions that occurred while you were enrolled in the Services have been made.

 

Minimum Requirements: You understand that, in order to view and/or retain copies of the Communications, you may need a computer with an internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Communications or the capability to print the Communications from the device on which you view them.

 

Changes to system requirements: We reserve the right to change our hardware and software requirements, and the right to discontinue support of certain software, if there is the potential for a security breach or if we can no longer support the applicable software. If we make such a change, and the change creates a material risk that you will not be able to access or retain subsequent electronic records, we will provide you with a statement of (i) the revised hardware and software requirements for access to and retention of the electronic records, and (ii) your right to withdraw consent without the imposition of any fees for such withdrawal. If you have questions about receiving Communications, or need technical or other assistance concerning these Communications, please contact us by telephone at 720-640-2200.

 

Withdrawing Consent: You may withdraw your consent to receive Communications electronically by contacting us at support.team@earnedcard.com or writing us at: EarnedCard, P.O. Box 609, Niwot, CO 80544. If you withdraw your consent, we reserve the right to terminate your use of the Services and our partners reserve the right to limit or terminate your use of their services, including the EarnedCard. The withdrawal of your consent will not affect the legal validity and enforceability of any outstanding balance on your EarnedCard. You agree to pay any amount owed to EC even if you withdraw your consent and we close or limit access to Services or your access to the EarnedCard or any related account is limited or terminated.

 

Any Communications will be provided to you electronically through our Site, any mobile application provided by EC or via electronic mail to the email address you provided. If you require paper copies of such Communications, you may sign in to your account on our Site and print the documents desired or you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00 per document requested, as allowed by law.

 

Updating Records: Please keep us informed of any changes in your email, phone number and mailing address so that you continue to receive all Communications without interruption. To change this information, use the mobile app available through Google Play or the Apple Store. Or email us at support.team@earnedcard.com or write us at: EarnedCard, P.O. Box 609, Niwot, CO 80544.

 

CONSENT TO BE CONTACTED

 

By accepting this Agreement, you expressly consent to be contacted by us for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages to your mobile device), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system, for any and all purposes. Automated messages may be played when the telephone is answered, whether by you or someone else. We may also leave a message on your answering machine, voice mail, or send a message via text.

 

You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You certify that your provided mobile number is true and accurate and that you are authorized to enroll the designated mobile number to receive SMS messages.

 

To unsubscribe from text messages at any time, reply STOP to any text message you receive from EC. You consent that, following such a request to unsubscribe, you may receive one final text message from EC confirming your request. For help contact us at support.team@earnedcard.com .

 

Telemarketing Calls: If you have provided consent for telemarketing calls, you agree that (i) we may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; and (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. Your consent, if provided, will be effective even if the number you have provided is registered on any state or federal Do-Not-Call (“DNC”) list. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked any time in accordance with the procedures set forth herein. Your consent to telemarketing calls is not a condition of obtaining your credit card or any other product or service. You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

 

Opt-Out: You can revoke your consent any time by contacting us via email at support.team@earnedcard.com .

Call Recording and Monitoring: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us or that we place to you.

 

DISCLAIMER OF WARRANTIES

 

EC does not guaranty the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content or Services and EC disclaims liability for errors or omissions in the Content and Services. The Services and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content or the Services. EC does not warrant that the Service, including the Site, is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement. EC may discontinue or make changes to the Services or in the Content at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and EC does not undertake any obligation or responsibility to update or amend any such information. EC reserves the right to terminate any or all Service offerings or transmissions without prior notice to you. The Services, including the Site, could contain technical inaccuracies or typographical errors. Use of the Services is at your own risk.

 

LIMITATION OF LIABILITY

 

Under no circumstances will EC be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the Content, the Services or any third-party site to which this Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if EC is advised of the possibility of such damages, losses or expenses. EC is not liable for any defamatory, offensive or illegal conduct of any user of the Site or Services. Your sole remedy for dissatisfaction with the Services is to stop using the Services. If your use of materials from the Services results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that EC’s total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.

 

Your access and use of the Services may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that EC, in its sole discretion, may elect to take. In no event will EC be liable to any party for any loss, cost, or damage that results from any period of downtime of the Services.

 

NOTWITHSTANDING, YOU AGREE THAT THE AGGREGATE LIABILITY OF EC TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE LESSER OF: (A) THE AMOUNT YOU HAVE PAID TO EC FOR ACCESS TO AND THE USE OF THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $1000.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless EC from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by EC in connection with any claim by a third party (including any intellectual property claim) arising out of: (i) materials and content you submit to, post to, or transmit through the Services, (ii) your use of the Services in violation of this Agreement or in violation of any applicable law, or (iii) any act or omission by you. You further agree that you will cooperate fully in the defense of any such claims. EC reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of EC. You further agree to indemnify and hold harmless EC from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.

 

MONITORING OF THE SITE

 

EC has no obligation to monitor the Site; however, you acknowledge and agree that EC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

 

SUBMISSIONS TO THE SITE

 

All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to EC through this Site (collectively, “Submissions”) will be deemed and remain the property of EC, and EC is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. You represent and warrant that you are authorized to grant all rights in Submissions to EC. EC shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by EC or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting EC’s responsibilities and obligations under its Privacy Policy.

 

USE OF NON-PUBLIC PERSONAL INFORMATION

 

EC’s practices and policies with respect to the collection and use of Non-Public Personal Information are governed by EC’s Privacy Policy. By accessing the Services, you agree to the Privacy Policy. The Privacy Policy is hereby incorporated into this Agreement by reference.

 

AVAILABILITY

 

The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering the Services and Content no distribution or solicitation is made by EC to any person to use the Services or Content in jurisdictions where the provision of the Services and/or Content is prohibited by law.

 

TERMINATION

 

This Agreement is effective until terminated by EC. EC may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Services at any time, with or without cause, in EC’s absolute discretion and without notice. You may terminate your Reserve Account (as defined below) by providing three (3) business days’ prior written notice to Synapse, in accordance with the Synapse Terms of Service, and EC, in accordance with this Agreement, and you may terminate your EarnedCard account by providing three (3) business days’ prior written notice to Oriental Bank, in accordance with the Oriental Bank Credit Card Agreement, and EC, in accordance with this Agreement. If you terminate your Reserve Account or EarnedCard account, we may terminate any and all other services contemplated herein. However, upon notification of your Reserve Account termination you will be provided the option to convert your membership to the Annual Service Membership, if applicable, or to  terminate the Services. The following provisions of this Agreement shall survive termination of your use or access to the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Services.

 

WAIVER

 

Failure by EC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

APPLICABLE LAW

 

This Agreement and all other aspects of your use of the Services shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Colorado, without regard to its conflict of laws rules.

 

OTHER AGREEMENTS

 

This Agreement shall be subject to any other agreements you have entered into with EC after entering into this Agreement.

 

ADDITIONAL TERMS

 

By consenting to this Agreement, the user also consents to allowing the location and identity information (from your mobile carrier) of the user’s mobile phone to be used by us to locate and verify the device and that the location and identity information may be shared with third parties for anti-fraud purposes.

 

Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

 

SEVERABILITY

 

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

GENERAL PROVISIONS

 

This Agreement supersedes any previous agreement to which you and EC may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 

COPYRIGHT COMPLAINTS

 

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to EC as set forth below. Notification should include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Site; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. You must contact EC for notification of claimed copyright infringement by email at legal@earnedcard.com or by mail at: EarnedCard, P.O. Box 609, Niwot, CO 80544.

 

CREDIT CARD ACCOUNT

 

We have partnered with Oriental Bank, Member FDIC (“Oriental Bank”), to provide you with a credit card (that features an over-limit spending capability) based on earned but unpaid wages (the “EarnedCard”). When you sign up for an account with EC, you will also be prompted to apply for the EarnedCard issued by Oriental Bank. By applying for and using the EarnedCard, you agree to the Credit Card Agreement and Privacy Policy of Oriental Bank (individually and collectively, the “Oriental Bank Terms of Service”). The Oriental Bank Terms of Service are separate and independent from this Agreement, which governs your use of the Services.

You authorize us to share your identity and any information relating to you with Oriental Bank for it to open and support your EarnedCard as further detailed in our Privacy Policy and the Oriental Bank Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with the Oriental Bank Terms of Service when using your EarnedCard. It is your responsibility to read and understand the Oriental Bank Terms of Service as it contains terms and conditions relating to your EarnedCard including, but not limited to, Your Rights, Limitations, Reversal and Other Liabilities, Limitation of Liability and Arbitrations Provisions.

 

All EarnedCard transactions are performed by Oriental Bank and all credit is extended by Oriental Bank. If Oriental Bank extends credit to you, EC will notify you of the credit limit set forth by Oriental Bank. You are not eligible for any credit limit increases; however, you may, subject to Oriental Bank’s sole discretion, be approved to use your EarnedCard to make purchases in excess of your credit limit based on Unpaid Wages. EC will provide you with a mobile application as part of its Services to view all transactions using the EarnedCard and to view EarnedCard account balances, in addition to providing customer support relating to your EarnedCard.

 

You agree to provide EC with immediate notice in the event any changes are made to: 1) your employment (including, but not limited to, employer, regular hours worked, work location, payday and compensation); or 2) your method of receiving payment for your work. You further agree to notify us if your wages are garnished or otherwise encumbered, or your ability to pay has been in anyway changed. In the event of any adverse change, Oriental Bank or EC, on behalf of Oriental Bank, may modify the terms of the EarnedCard or the Oriental Bank Terms of Service or terminate the EarnedCard and the corresponding credit account.

 

EC, on behalf of Oriental Bank, may limit the Earned $ (as defined below) that you can use at any given time or for a period of time. EC, on behalf of Oriental Bank, may also deny access to your Earned $ if it reasonably believes such refusal is necessary or advisable for legal or security reasons or to protect the integrity of the account or the Services.

 

EC, on behalf of Oriental Bank, may employ debt collecting agent(s) to collect any sum due under the Oriental Bank Terms of Service or this Agreement. When allowable by state law, attorney’s fees will be added to any amounts due for collection.

 

THIRD-PARTY SERVICE PROVIDER; RESERVE ACCOUNT; DEPOSIT ACCOUNT

 

SynapseFI (“Synapse”) is our backend software provider, and partner of Evolve Bank & Trust (“Evolve”), member FDIC. Synapse’s application programming interface, and their relationship with Evolve, enables us to facilitate the offering of Evolve’s banking services and products (the “Synapse Services”). By agreeing to this Agreement and applying for an EarnedCard, you also agree to Synapse’s Terms of Service and Privacy Policy (individually and collectively “Synapse Terms of Service”). By applying to establish an account with Evolve, you authorize Evolve to hold your deposits for your benefit in an account (“Reserve Account”) by agreeing to the Custodial Account Agreement (“Evolve Terms of Service” and collectively with Synapse Terms of Service, the “Account Terms of Service”).  EC does not assume any fiduciary obligation on your behalf. This means that we do not act as your trustee or financial advisor, and we do not assume any responsibility for your funds maintained in the Reserve Account. Please review the Account Terms of Service, including the Truth in Savings Disclosures carefully. The Account Terms of Service contain terms and conditions relating to your Reserve Account, including, but not limited to, your rights and liabilities for unauthorized transactions, arbitration, and fund transfers. By agreeing to the Account Terms of Service, you expressly acknowledge that you have read, understood, and will comply with all the terms in the Account Terms of Service. You authorize us to share your identity and banking information with Synapse and Evolve to support Synapse and Evolve in opening and maintaining your Reserve Account at Evolve as further set forth in our Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. The Synapse Services will assist you in linking your Deposit Account to your Reserve Account and to perform electronic fund transfers in connection with your Reserve Account.

 

When you open a Reserve Account, you will link your deposit account maintained at a financial institution (a “Deposit Account”) in order to deposit funds into your Reserve Account. You represent and warrant: (i) that you have the right to authorize any and all charges and debits to the Deposit Account, (ii) you are the owner of the Deposit Account, and (iii) all Unpaid Wages are deposited into the Deposit Account. You will indemnify and hold EC harmless from any claims by any other owner of the Deposit Account. You agree to provide EC with immediate notice in the event any changes are made to your Deposit Account.

 

All electronic fund transactions are performed by and deposits are held by Evolve. EC only transmits transaction instructions, on your behalf, to Evolve and does not hold deposits in your Reserve Account or transmit funds on your behalf. EC will provide you with all transaction notifications and Reserve Account balances in addition to providing customer support relating to your Reserve Account. Please see your Evolve Terms of Service for additional details and error resolution procedures.

 

As security for any and all credit extended in connection with the EarnedCard and the Services provided herein, you hereby irrevocably and unconditionally grant to Oriental Bank a present and continuing security interest in any and all present and future funds on deposit in the Reserve Account and all contract rights, claims and privileges in respect of the Reserve Account. You acknowledge that Oriental Bank has control (as defined in Section 9-104 of the Uniform Commercial Code) of the Reserve Account. You further agree to execute any and all agreements required to evidence control, as such term is used in Section 9-104 of the Uniform Commercial Code, of the Reserve Account, including that certain joinder to the Master Pledge, Collateral Assignment and Control Agreement.

 

STANDARD AND ANNUAL SERVICES

 

As part of the Service, EC enables you to track your earned but unpaid wages, create value for these unpaid wages by working with Oriental Bank to authorize temporary over-limit spending privileges equal to a portion of your earned but unpaid wages (such over-limit amount, the “Earned $”), view the value of your Earned $ and use your EarnedCard to spend up to your available credit plus Earned $. Based on your credit review, your Earned$ are dynamically determined and disclosed on the EarnedCard mobile app. These services are only available if you apply for and are issued an EarnedCard.  You may select different service plans in connection with the EarnedCard: the Standard Services or the Annual Services. Both plans provide you with access to the EC mobile application to manage your EarnedCard.

 

a. Standard Services. If you select Standard Services, EC will also manage transfers of funds from your Deposit Account to the Reserve Account and schedule payments for your EarnedCard account balance on your behalf and based on your instructions. As part of the Standard Services, Oriental Bank will automatically make available to you Earned $ that are verified via the EC mobile application. As part of the Standard Services, you authorize EC to instruct, on your behalf, Synapse and Evolve to transfer funds in an amount equal to your EarnedCard balance minus your Reserve Account balance (“EarnedCard Unreserved Balance”) from your Deposit Account to your Reserve Account on or after each payday that you disclosed to us as part of your EarnedCard application or as determined by us based on information you provide to us (the “Payday”). In the event you are provided access to your Unpaid Wages (as defined below) earlier than your Payday, you authorize EC to instruct, on your behalf, Synapse and Evolve to transfer the EarnedCard Unreserved Balance on the date such access is provided to you (and such date shall now be deemed the “Payday”). The amount transferred based on the preceding instructions will be greater than or equal to $0.01 but never be greater than the lesser of $1000 and the EarnedCard Unreserved Balance. You can always view the amount to be transferred by logging into your account and viewing the home screen of your account on the EC mobile application. The information is updated in near real-time.

 

You understand that by agreeing to the authorizations set forth in the preceding paragraph, EC (or Evolve, as the case may be) may debit your Deposit Account for the recurring transactions set forth above. You will not dispute any such debit so long as the transactions correspond to such terms. This payment authorization is valid and will remain effective unless you cancel this authorization by emailing EC at support.team@earnedcard.com, or calling us at 720-640-2200, at least 3 business days in advance of the scheduled date of the preauthorized electronic fund transfer. A written confirmation of such oral cancellation shall be required within 14 days of the call. Upon receipt of your revocation, EC will provide you with the option to either convert to the Annual Services Membership or terminate the Services.  Notwithstanding termination of the Services or your termination of any authorization contemplated herein, you are liable for any outstanding balance on your EarnedCard and any accrued but unpaid Standard Membership Fee.

 

The Standard Services also includes scheduling payment for your EarnedCard account balance. You authorize EC to instruct, on your behalf, Synapse and Evolve to debit your Reserve Account one or more times in an amount equal to the lesser of the Reserve Account balance and your EarnedCard account balance on or after the day EC provides you with your EarnedCard monthly statement and to remit such funds to Oriental Bank for payment of your EarnedCard Balance. For example illustrating how EC may debit your Reserve Account more than once, if EC provides you your EarnedCard statement on January 1, and such statement reflects a January 25 payment due date on an outstanding balance of $350, and your Reserve Account has a balance of $250 on January 1, then EC will deliver instructions on your behalf to Synapse and Evolve to debit your Reserve Account for $250 on or after January 1 to pay down your EarnedCard balance. If you then receive a fund transfer in connection with your Payday on January 8, EC will then deliver instructions on your behalf to Synapse and Evolve to debit your Deposit Account for $100, the then outstanding balance on your EarnedCard. Notwithstanding, you understand that you are responsible for full payment of any amounts due in connection with your EarnedCard on or before the due date.

 

You understand that by agreeing to the authorizations set forth in the preceding paragraph, EC (or Synapse or Evolve, as the case may be) may debit your Reserve Account for the recurring transactions set forth above. You will not dispute any such debit so long as the transactions correspond to the terms set forth herein. This payment authorization is valid and will remain effective unless you cancel this authorization by emailing EC at support.team@earnedcard.com, or calling us at 720-640-2200, at least 3 business days in advance of the scheduled date of the preauthorized electronic fund transfer. A written confirmation of such oral cancellation shall be required within 14 days of the call. Upon receipt of your revocation, EC will provide you with the option to either convert to the Annual Services Membership or terminate the Services.  Notwithstanding termination of the Services or your termination of any authorization contemplated herein, you are liable for any outstanding balance on your EarnedCard and any accrued but unpaid Standard Membership Fee.

 

EC charges $7 per month (“Standard Membership Fee”) for the Standard Services. The Standard Services will continue month-to-month and automatically renew each month until terminated. EC requires you to link your Deposit Account for payment of the Standard Membership Fee. You authorize EC to debit your Deposit Account for the recurring amount of $7, starting the sooner of the date your application is approved, 30 days after approval, or the date of your first paycheck after initiating Standard Services and continuing each month until you cancel the Standard Membership pursuant to this Agreement. You will not dispute such a debit so long as the transactions correspond to the terms set forth herein. This payment authorization is valid and will remain effective unless you cancel the Standard Membership in accordance with the terms below.  If the payment attempt is declined, EC reserves the right to cancel your account (including all Services), and Oriental Bank reserves the right to cancel your EarnedCard at their sole discretion. For the avoidance of doubt, you agree you are liable for any accrued but unpaid Standard Membership Fee and you will remit to EC the Standard Membership Fee by any other permitted means if the payment attempt is declined. If you wish to cancel your Standard Membership, you must notify us by email at support.team@earnedcard.com prior to the monthly renewal in order to avoid billing of the next month’s Standard Membership Fee; provided, however, you may not cancel your Standard Membership if you have an outstanding balance on your EarnedCard.

 

b. Annual Services. You may also choose to sign up for a reduced package of services – the Annual Services. Annual Services members do not pay the Standard Membership Fee and instead are charged an annual fee by Oriental Bank for the EarnedCard in the amount of $25 (“Annual Fee”) (please see Oriental Bank Terms of Service for additional details). Annual Services members do not receive automatic Earned $ for a portion of earned but unpaid wages, but you may receive Earned $ by uploading timecard images through the EC mobile application reflecting the earned but unpaid wages; provided EC is able to verify such earned but unpaid wages. Processing of uploaded timecard images typically takes three (3) business days. Annual Service members may optionally agree to open a Reserve Account and authorize the transfer of funds from their Deposit Account to their Reserve Account and from their Reserve Account to Oriental Bank for payment of the EarnedCard balance, or alternately make direct payments for their EarnedCard by check, or via one-time ACH. To sign up for Annual Services, please contact us at support.team@earnedcard.com. You will be provided with a registration code to be entered during the application process through the EC mobile app. The Annual Fee will be assessed by Oriental Bank pursuant to Oriental Bank Terms of Service.  

 

TRANSFERS OF UNPAID WAGES

 

You warrant to EC that the earned but unpaid wages corresponding to the Earned $ (“Unpaid Wages”) are valid and due and that you have not received any payment for or assigned to another party the Unpaid Wages or any part of the Unpaid Wages. You additionally warrant that all Unpaid Wages will be deposited into your Deposit Account via direct deposit. If you provide EC authorization to instruct Synapse and Evolve to initiate electronic fund transfers from your Deposit Account, EC will attempt to not provide any such transfer instructions if EC believes the Deposit Account does not contain sufficient funds to cover part or all of the EarnedCard balance for the applicable pay period but is under no obligation to do so and shall not be liable for any failure to do so. If you believe your Unpaid Wages will not be deposited on the Payday, please immediately contact us. Any failure to charge your Deposit Account for funds equal to the Earned $ or the EarnedCard balance does not constitute a waiver of your obligations to pay Oriental Bank or a waiver of the right to charge your Deposit Account for such funds. In the event an ACH debit to your Deposit Account is returned after the funds have been debited from your Reserve Account to pay your EarnedCard balance, you authorize EC to instruct Oriental Bank to reverse any payment to your EarnedCard account, which will result in a corresponding debit to the EarnedCard. While EC may help you avoid overdraft fees, it is not responsible for any overdraft fees or any bank fees that result from your failure to maintain a sufficient balance in your Deposit Account.

 

You represent that by using the EarnedCard and spending the Earned $ you will be able to meet basic living expenses and major financial obligations both during the time of the use of the EarnedCard and Earned $ and for 30 days after paying back Oriental Bank. You understand that Oriental Bank may restrict your use of the EarnedCard in the event of too many purchases in succession.

 

REFUNDS OF FEES

 

After acceptance of the card or changed terms, in the event you cancel or terminate any Services contemplated herein, the Reserve Account or the EarnedCard, fees paid by you will not be refunded or reimbursed to you.

 

ELECTRONIC FUND TRANSFER DISCLOSURE STATEMENT

 

The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your Reserve Account. There may be limitations on Reserve Account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your Reserve Account.

 

A. Definitions. “Electronic fund transfer” means any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit your Reserve Account. Electronic fund transfers include such electronic transactions as direct deposits or withdrawals of funds or transfers initiated via telephone, website or mobile application. Preauthorized electronic fund transfer are electronic fund transfers that you have authorized in advance to recur at substantially regular interval.

 

B. Your Liability. You are liable for all electronic fund transfers that you authorize, whether directly or indirectly. Tell us at once if you believe your account or PIN or Account Information (as defined below) is lost or stolen or has been or may be subject to unauthorized electronic fund transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your Reserve Account. If you tell us within two (2) business days after learning of the loss or theft of your Reserve Account access device, or after learning of any other unauthorized transfers from your Reserve Account involving your access device, you can lose no more than $50 if electronic fund transfers are made without your permission.

 

For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic Reserve Account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified herein may be extended for a reasonable period.

RIGHTS YOU GRANT TO EC

 

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to EC through the Services, you are licensing that content to EC for the purpose of providing the Services and supporting any financial services (including, but not limited to, the Reserve Account and EarnedCard) related to the Services and agree EC may use and store the content. By submitting this content to EC, you represent that you are entitled to submit it to EC for use for this purpose, without any obligation by EC to pay any fees or other limitations.

 

You must provide to EC true, accurate, current and complete information about all accounts maintained by any financial institution on your behalf (such accounts, “Your Accounts” and such information, “Account Information”). You represent that you are a legal owner of Your Accounts and that you are authorized to provide EC with Account Information and any other information necessary to facilitate your use of the Services and the EarnedCard. In the event you do not provide Account Information (including a comprehensive list of all Your Accounts), EC may terminate Services provided herein. Any termination of Services will also terminate your EarnedCard. 

 

By using the Services, you expressly authorize EC to access your Account Information maintained by third parties, on your behalf as your agent. EC will submit information including usernames and passwords that you provide to log you into the website of such third parties (including, but not limited to, third parties maintaining Your Accounts). You hereby authorize and permit EC to use and store information submitted by you to the Services (such as account passwords and usernames) to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement, you grant EC a limited power of attorney and appoint EC as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EC IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, EC IS ACTING AS YOUR AGENT. EC uses third-party services to gather your data—including Account Information—from financial institutions. EC uses Plaid Inc. (“Plaid”) and Synapse to provide such services but may use any other service provider by providing notice to you. By using the Service or requesting an EarnedCard, you grant EC, Plaid and Synapse the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid and Synapse in accordance with the Plaid Privacy Policy and the Synapse Privacy Policy.

 

INFORMATION VERIFICATION AND CONSUMER REPORT AUTHORIZATION

 

In order to use certain Services and the EarnedCard, EC and/or Oriental Bank may be required to verify your identity, location and compensation. You authorize us to make any inquiries we consider necessary to validate your identity, location and compensation. These inquiries may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your phone number, email address or financial instruments, ordering a credit report, turning on location services on your mobile device, or verifying information you provide against third party databases or through other sources, e.g. Experian. If you do not provide this information or we cannot verify your identity, location or compensation, we can refuse to allow you to use the Services.

 

You further authorize EC and Oriental Bank to obtain from public bodies, any bank or financial institution or any credit bureau or consumer reporting agency information, including consumer reports, to check, verify, underwrite or process any request for use of the Services, EarnedCard or Reserve Account.

 

CLASS ACTION WAIVER AND BINDING ARBITRATION

 

You and we agree to these terms for binding arbitration and class action waivers if your principal place of business is in the United States.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties.

 

a. Disputes covered. Everything is covered except intellectual property. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and EC concerning EC’s Services, mobile apps, websites, pricing, payments, loans, data, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights or disputed transactions pending resolution.

 

b. Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to EarnedCard,  ATTN: ARBITRATION, P.O. Box 609, Niwot, CO 80544. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available online. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.

 

c. Small claims court option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in the county of your principal place of business or Boulder, Colorado, if you meet the court’s requirements. We hope you’ll mail a Notice of Dispute and give us 60 days to try to work it out, but you don’t have to before going to small claims court.

 

d. Arbitration procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use Bing Ads, or its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the available form to the AAA; mail a copy to Earned at the address in Section (b). In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in the county of your principal place of business or Boulder, Colorado. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.  

 

e. Arbitration fees and payments.

  1. Disputes involving $75,000 USD or less. EC will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, and your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, EC will: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney’s fees, if any; and (3) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amounts unless you and we agree on them.

  2. Disputes involving more than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

  3. Disputes involving any amount. If you start an arbitration we won’t seek our AAA or arbitrator’s fees and expenses, or your filing fees we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. If we start an arbitration we will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

 

f. Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.

 

g. Rejecting future arbitration changes. You may reject any change we make to this Class Action Waiver and Binding Arbitration section (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address listed in Section (b) above. If you do, the most recent version of this section before the change you rejected will apply.

 

h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.

 

i. Conflict with AAA rules. This section governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

j. EC affiliates are third-party beneficiaries.

CONTACTING US

If you have questions regarding the Agreement or the practices of EC, please contact us by email at support.team@earnedcard.com or by mail at EarnedCard, P.O. Box 609, Niwot, CO 80544.